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Home My WebLink About20210239.tiff0 COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman Street, Room 215 Denver, CO 80203 November 14, 2019 Rhett Bennett Black Mountain Sand Weld LLC 500 Main St, Suite 1200 Fort Worth, TX 76102 Re: Black Mountain Sand Weld LLC, Lost Creek Mine, File No. M-2018-051, 112c Application Amendment (AM -01) Decision Letter - Financial and Performance Warranty Request Mr. Bennett: On November 13, 2019, the Colorado Mined Land Reclamation Board (Board) approved the 112c application amendment (AM -01) for the Lost Creek Mine, File No. M-2018-051. The amount of financial warranty set by the Division for this operation is $19,500,000.00. You must submit a financial warranty in this amount and a performance warranty in order for the Division to issue a permit. Please select a type of financial warranty from Rule 4.3. The Performance and Financial Warranty forms can be found on our website at httplimining.state.co.us/Forms/Pages/WarrantyForms.aspx. A performance warranty form is enclosed with this letter for your use. PLEASE NOTE THAT MINING OPERATIONS MAY NOT COMMENCE UNTIL A PERMIT HAS BEEN ISSUED BY THE DIVISION AFTER RECEIPT OF THE SIGNED BOARD ORDER, FINANCIAL WARRANTY AND PERFORMANCE WARRANTY. A PERMIT WILL NOT BE ISSUED UNTIL WE VERIFY THE ADEQUACY OF BOTH YOUR FINANCIAL WARRANTY AND PERFORMANCE WARRANTY. If you have any questions, please contact me at peter.hays@state.co.us or (303) 866-3567 Ext. 8124. Sincerely, Peter S. Hays Environmental Protection Specialist Ec: Jared Ebert; Division of Reclamation, Mining & Safety Kira Coff; Millcreek Engineering Brittany Schamaun; Black Mountain Sand Weld LLC 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 https://mining.state.co.us Jared Polls, Governor Dan Gibbs, Executive Director I Virginia Brannon, Director i 4 BLACK MOUNTAIN SAND ATTACHMENT K: CDRM$ 112 PERMIT APPLICATION AMENDMENT Wage Weld County: Use by Special Review for Mining Operations BLACK MOUNTAIN SA KT 420 Commerce St. Suite 500, Fort Worth, TX 76102 (817) 698-9901 June 3, 2019 Peter Hays Environmental Protection Specialist Colorado Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman Street, Room 215 Denver, CO 80203 RE: Black Mountain Sand Weld LLC Lost Creek Mine M-2018-051 Submittal of Construction Materials Regular (112) Operation Reclamation Permit Application Amendment Mr. Hays, Please find included Black Mountain Sand Weld LLC's complete Construction Materials Regular (112) Operation Reclamation Permit Application Package, as amended. Included in this complete 112 Construction Materials Reclamation Permit Application Package Amendment are the following items: • Colorado Mined Land Reclamation Act Compliance Table and Response to Public Comments • Original Signed Application Amendment in Blue Ink • Original Exhibits A -S, Addendum 1 pursuant to Subsection 1.6.2(1)(b) of the Act, and Addendums 2-3 • 4 Copies of the signed application • 4 copies of Exhibits A -S, Addendum 1, and Addendums 2-3 As you will see in the enclosed amendment, we have changed our entity name from Black Mountain Sand DJ LLC to Black Mountain Sand Weld LLC. This change allows us to both define our company's focus and reaffirms our commitment to the area. Our new entity was registered with the Colorado Secretary of State on May 31, 2019. Attached to this letter is the completed Transfer of Mineral Application and Succession of Permit Applicant form as well as a check for the form fee of $144. A copy of the authorization letter from Black Mountain Sand Weld LLC providing authorization for me to sign the application on behalf of the company has been provided in Addendum 3. Please feel free to contact Millcreek Engineering on this application as well. Please let me know if you have any questions or need additional information. Thank you Chris Axn ess VP Operations Attachment: Transfer of Mineral Application and Succession of Permit Applicant form and form fee Enclosure: 112 Construction Materials Reclamation Permit Application Amendment Package and Copies CC: Kira Coff, Millcreek Engineering Matthew J. Hazleton, TRC BLACK MOUNTAIN 500 Main St. Suite 1200, Fort Worth, TX 76102 (817) 698-9901 July 12, 2019 Peter Hays Environmental Protection Specialist Colorado Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman Street, Room 215 Denver, CO 80203 RE: Black Mountain Sand Weld LLC Lost Creek Mine M-2018-051, Change of Contact Request Mr. Hays, Please change both the permit and inspection contact for the above reference permit application to my attention. My contact information is below: Rhett Bennett CEO, Black Mountain Sand Weld LLC 500 Main Street, Suite 1200 Fort Worth, TX 76102 (830) 708-0266 blackmtnweld@blackmtn.com Please let me know if you have any questions regarding this change. Sincerely, Rhett Bennett Black Mountain Sand Weld LLC cc: Kira Coff, Millcreek Engineering Matthew Hazleton, TRC Environmental 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 TRANSFER OF MINERAL APPLICATION AND SUCCESSION OF PERMIT APPLICANT COLORADO DIVISION OF RECLAMAT ION MINING - St - SAFETY I. RECITALS A. On March 25 2019 , the Division of Reclamation, Mining and Safety within the Colorado Department of Natural Resources (the "State") deemed an application complete for a mining operation under C.R.S. 34-32-101 et seq. or 34-32.5-101 et seq. from Black Mountain Sand DJ LLC (the "Applicant"), 420 Commerce St . Ste 500. Fort Worth, TX 76102 (address), and assigned Permit Application Number M-2018-051 B. The Applicant wishes to assign the pending Application to Black Mountain Sand Weld LLC "Successor"), 500 Main St., Ste. 1200, Fort Worth, TX 76102 (the (address), as Successor Applicant and the Successor wishes to become Successor Permittee after all requirements of 34-32-101 et seq. or 34-32.5-101 et seq. are met and the permit may be issued. C. Successor understands that the permit application process is not complete and is willing to assume full responsibility for the completion of the permitting process prior to the successor conducting mining operations at the site. II. AGREEMENTS Applicant and Successor hereby agree, for their own benefit and for the benefit of the State, such agreements to be effective immediately upon the approval by the State of the transfer of the Application from Applicant to Successor, as follows: 1. Successor has inspected the proposed site of the mining and reclamation operations and is fully aware of the condition thereof. Successor has examined the Application for the permit and is fully aware of its contents and status in the permitting process. Successor thus understands and accepts the Application as it currently exists. 2. Successor understands the permit for this Application cannot be issued until all applicable requirements of 34-32-101 et seq. or 34-32.5-101 et seq. are met. 3. Successor understands that all commitments and obligations of the Applicant to the Mined Land Reclamation Board related to this permit application become those of the Successor. 4. Successor represents to the State that, to the best of its knowledge, information and belief, it is not in violation of any of the provisions of the Colorado Mined Land Reclamation Act with respect to any other operation conducted by it in the State of Colorado. Office of Office of Mined Land Reclamation Denver • Grand )unction • Durango Active and Inactive Mines This form has been approved by the Mined Land Reclamation Board pursuant to sections 34-32-119, C.R.S., of the Mined Land Reclamation Act and 34-32.5-119, C.R.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to sections 34-32-123, C.R.S., of the Mined Land Reclamation Act and 34-32.5-123, C.R.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Applicant and Successor hereby request the State to consent to the assignment of the Permit Application to recognize the Successor as the Applicant under the permitting process. Black Mountain Sand DJ LLC Name of Pe it Applicant ATSign tur of Officer By PRzticka-* Title of Officer STATE OF 3-6\40LS Black Mountain Sand Weld LLC Name of Successor Applicant By Signatur of icer GAS Title of Officer NOTARY FOR PERMIT APPLICANT COUNTY OFa(Zrit ) ss. The foregoing instrument was acknowledged before me this A day of AIM ,1011, by En SI 1e* L asSt-si (tent t UC I emppeureernearreat BRYANNA ARROYO LOCKHART Notary ID #131701504 My Commission Expires August 28, 2012 t I I My Commission expires: NOTARY FOR SUCCESSOR APPLICANT STATE OF COUNTY OF ) ss. ADS of ust 21i3iron The foregoing instrument was acknowledged before me this 444/1day of3une by iRcob 5mi -\-‘n as CjR B1(xci< Mow'tAn ScAnd vJ cl d �,Ii C BRYANNA ARROYO LOCKHART ' Nota ID #131701504 , Notary .� 41 My Commission Expires August 28, 2022 2.,t -Am of tA,,(3usfi 22) ,2s�22 CONSENT OF STATE (a) Consent is hereby granted to the transfer of the Permit Application above referred to from Black Mountain Sand DJ LLC to Black Mountain Sand Weld LLC (b) Black Mountain Sand Weld LLC Applicant under such Application. STATE OF COLORADO DEPARTMENT OF NATURAL RESOURCES MINED LAND RECLAMATION BOARD DIVISION OF RECLAMATION, MINING AND SAFETY By Division Director Date Executed: , Amin\sharelvsforrnsUransfer Mineral App and SO.doc is hereby recognized as Successor Table of Contents Compliance Table Application Form Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Exhibit K Exhibit L Exhibit M Exhibit N Exhibit O Exhibit P Exhibit Q Exhibit R Exhibit S Addendum 1 - Rule 1.6.2(1)(b) Addendum 2 - Rule 6.5 Addendum 3 Compliance Table and Response to Public Comments Construction Materials Regular (112) Operation Reclamation Permit Application Amendment 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 Lands and Owners of Substance to be Mined Municipalities Within Two Miles Proof of Mailing of Notices to County Commissioners and Conservation District Proof of Filing with County Clerk or Recorder Permanent Man -Made Structures Notice Requirements Geotechnical Stability Exhibit Permission to Sign Application Compliance Table Included below are the Colorado Mined Land Reclamation Act regulations applicable to the attached Black Mountain Sand Weld LLC's Construction Materials Regular (112) Operation Reclamation Permit Application Amendment for Lost Creek Mine, as well as a list of where in the application that regulation has been met. CMLRA Regulation No. CMLRA Regulation Compliance 1.4.1 (4) General Provisions Prior to Office consideration of the application, submit proof of all required notices either by submitting return receipts of a Certified Mailing or by proof of personal service Exhibit Q, Exhibit R, and Addendum 1 1.4.1 (5) All application forms shall contain the following information: (a) The address and telephone number of the general office and the local address or addresses and telephone number of the operator (b) The name of the Owner of the surface of the affected lands (c) The name of the Owner of the subsurface rights of the affected land (d) A statement that the Application has applied for all necessary approvals from local government (e) A statement that the operations will be conducted in accordance with the terms and conditions listed in the application, as well as with the provisions of the Ace and these Rules, as amended, in effect at the time the Permit it approved; and (f) The Applicant's signature Application Pg. 3 Exhibit O Exhibit O Exhibit M Application Pg. 6 Application Pg. 8 1.4.5(2)(b) Specific Application Requirements - 112 Reclamation Permit Operations (see Figure 3) One (1) original and four (4) copies of: 0) The application form; (ii) All information, attachments, maps, exhibits, as listed and described in Subsection 1.4. and Section 6.4 (iii) An affidavit that notice signs were posted on -site pursuant to Subsection 1.6.2(1)(b) (iv) The appropriate information under Subsection 6.5 if required by the Office; and (v) Proof of notice according to the provisions of Subsection 1.6.2(1)(a) Application Pg. 1-8 Exhibits A -S, Addendum 1-3 Addendum 1 N/A Exhibit Q 1 CMLRA Regulation No. CMLRA Regulation Compliance 1.6.2(1)(a) PUBLIC NOTICE PROCEDURES General Applicant Procedures The applicant shall: (a) Prior to submitting the application to the Office, send a notice, on a form approved by the Board, to the local Board of County Commissioners and, if the mining operation is within the boundaries of the soil conservation district (i) The application shall include proof of such notice with the application at the time the application submitted to the Office (ii) Proof of notice shall be in the form of a return receipt of a Certified mailing or date - stamped copy of the notice acknowledging receipt by the appropriate local board Exhibit Q Soil Conservation District- N/A Exhibit Q 1.6.2(1)(b) Prior to submitting the application to the Office for a 12 Reclamation Permit, post notices (signs) at the location of the proposed mine site, as required by the Office, or sufficient size and number to clearly identify the site as the location of a proposed mining operation giving name, address, and phone number of the Application, and stating that (name of Applicant) has applied for a mining permit with the Colorado Mined Land Reclamation Board. Anyone wishing to comment on the application may view the application at the County Clerk's and Recorder's office and should send comments prior to the end of the public comment period to the Colorado Mined Land Reclamation Office, and state the Office's address, as given on the cover of these Rules...At the time the application is filed with the Office, the Applicant shall provide a signed affidavit that such notice (sign) was posted according to the provisions of this Rule. Addendum 1 1.6.2(1)(c) Prior to submitting the application to the Office and/or prior to submitting amendments to the application, place for public review a copy of the application and amendments, without confidential items, with the Clerk or Recorder of the county or counties in which the affected land is located and provide proof as required by...Subsection 6.4.18 for 112 Reclamation Operations. Exhibit R 1.6.2(1)(d) Except for 111 Special Operation Permit applications, within ten (10) days after the Office notifies the Applicant that the application is considered filed, publish a public notice in a newspaper of general circulation in the locality of the proposed mining operation containing: (i) name and address of Applicant; (ii) location of the proposed mining operation by section, township and range and street address where applicable; (iii) proposed dates of commencement and completion of the operation; (iv) proposed future use of affected land; (v) location where additional information on the operation may be obtained; and location and final date for submitting statements of support or objections with the Office. TBD 2 CMLRA Regulation No. CMLRA Regulation Compliance 1.6.2(1)(e) Except for 111 Special Operation Permit applications, the applicant shall mail or personally serve a copy of the notice in Rule 1.6.2(1)(d) immediately after the first publication to: 0) all Owners of Record of the surface and mineral rights of the affected land; and the Owners of Record of all land surface within 200 feet of the boundary of the affected lands. TBD 1.6.2(1)(f) As soon as designated by the Office, mail a copy of the Notice provided for in Rule 1.6.2(1)(d) to any other Owners of Record who might be affected by the proposed mining operation. The Office shall designate such owners, if any, during its adequacy review process. (Not applicable to 111 Special Operation Permit applications.) TBD 1.6.2(1)(g) Prior to Office consideration of the application, submit proof of publication and proof of all required notices. Proof of Notice may be by submitting return receipts of a Certified mailing or by proof of personal service. An application will be considered filed by the Office when the Applicant supplies the proper application fee, a signed affidavit that all notices as provided for in Paragraph 1.6.2(1)(b) have been posted, and the application meets the applicable requirements of Rules 1.4.1, 1.4.2, 1.4.3, 1.4.4, or 1.4.5. Prior to Office consideration of the application, proof of notice provided for in Subparagraphs 1.6.2(1)(d), (e), and (f) must be received by the Office. TBD 1.6.5(1) Specific Provisions - 112 Reclamation Permit Application The Public Notice, as required in Subparagraph 1.6.2(1)(d) shall be published four times, once per week for four consecutive weeks. TBD 1.6.5(2) Within ten (10) working days after the last publication or as soon thereafter as proof has been obtained, the Application shall mail proof of the publication required by Rule 1.6.2(1)(d) to the Office. Proof of publication may consist of either a copy of the last newspaper publication, to include the date published, or a notarized statement from the paper. An application may not be approved until such proof has been obtained. TBD 3.1.1 Reclamation Performance Standards Establishing Post -Mining Use (1) In consultation with the Landowner, where possible, and subject to the approval of the Board or Office, the Operator shall choose how the affected lands shall be reclaimed. These decisions can be for forest, range, crop, horticultural, home -site, recreational, industrial, or other uses, including food, shelter and ground cover for wildlife. (2) The results of these decisions shall be formulated into a Reclamation Plan, as specified in Subsections 6.3.4 or 6.4.5, as required for the size and type of operation. Exhibit E Section 3.1.1 3.1.2 Reclaiming Substituted Land Reclamation shall be required on all the affected land except that the operator may substitute land previously mined or owned by the Operator but not otherwise subject to the Mined Land Reclamation Act, or the Operator may reclaim an equal number of acres of any land previously mined, but not owned by the Operator, if the operator has not previously abandoned unreclaimed mining lands. Such exchanges can be done only with the approval of the Board and the Owner of the land to be reclaimed. Exhibit E Section 3.1.2 3.1.3 Time Limit and Phased Reclamation All reclamation shall be carried to completion by the Operator with all reasonable diligence, and each phase of reclamation shall be completed within five (5) years from the date the Operator informs the Board or Office that such phase has commenced, unless extended by the Board or Office. The 5 -year period may be applied separately to each phase as it is commenced throughout the life of the mine. Exhibit E Section 3.1.3 3 CMLRA Regulation No. CMLRA Regulation Compliance 3.1.4 Public Use On lands owned by the Operator, the Operator may permit the public to use the same for recreational purposes, in accordance with the Limited Landowner Liability Law contained in Article 41 of Title 33 C.R.S. 1984, as amended, except in areas where such use is found by the Operator to be hazardous or objectionable. Exhibit E Section 3.1.4 3.1.5(1) Reclamation Measures — Materials Handling The Operator shall set forth the measures that will be taken to meet all the following requirements: (1) Grading shall be carried on so as to create a final topography appropriate to the final land use selected in the Reclamation Plan. Exhibit E Section 3.1.5 3.1.5(2) When backfilling is a part of the plan, the Operator shall replace overburden and waste materials in the mined area and shall ensure adequate compaction for stability and to prevent leaching of toxic or acid-forming materials. Exhibit E Section 3.1.5 3.1.5(3) All grading shall be done in a manner to control erosion and siltation of the affected lands, to protect areas outside the affected land from slides and other damage. If not eliminated, all highwalls shall be stabilized. Exhibit E Section 3.1.5 3.1.5(4) All backfilling and grading shall be completed as soon as feasible after the mining process. The Operator shall establish reasonable timetables consistent with good mining and reclamation procedures. Exhibit E Section 3.1.5 3.1.5(5) All refuse and acid-forming or toxic producing materials that have been mined shall be handled and disposed of in a manner that will control unsightliness and protect the drainage system from pollution. Exhibit E Section 3.1.5 3.1.5(6) Any drill or auger holes that are part of the mining operation shall be plugged with non-combustible material, which shall prevent harmful or polluting drainage. Adits and shafts should be closed, and where practicable, backfilled and graded in a manner consistent with the post mine land use and shall comply with the provisions of the Act, Construction Material Rules and Regulations. Exhibit E Section 3.1.5 3.1.5(7) Maximum slopes and slope combinations shall be compatible with the configuration of surrounding conditions and selected land use. In all cases where a lake or pond is produced as a portion of the Reclamation Plan, all slopes, unless otherwise approved by the Board or Office, shall be no steeper than a ratio of 2:1 (horizontal to vertical ratio), except from 5 feet above to 10 feet below the expected water line where slopes shall be not steeper than 3:1. If a swimming area is proposed as a portion of the Reclamation Plan, the slope, unless otherwise approved by the Board or Office, shall be no steeper than 5:1 throughout the area proposed for swimming, and a slope no steeper than 2:1 elsewhere in the pond. Exhibit E Section 3.1.5; Exhibit F 3.1.5(8) If the Operator's choice of reclamation is for agricultural or horticultural crops which normally require the use of farm equipment, the Operator shall grade so that the area can be traversed with farm machinery. Exhibit E Section 3.1.5 4 CMLRA Regulation No. CMLRA Regulation Compliance 3.1.5(9) An Operator may backfill structural fill material generated within the MLRB permitted area into an excavated pit within the permit area as provided for in the MLRB Permit. If an Operator intends to backfill inert structural fill generated outside of the approved permit area, it is the Operator's responsibility to provide the Office notice of any proposed backfill activity not identified in the approved Reclamation Plan. If the Office does not respond to the Operator's notice within thirty (30) days after receipt of such Notice by the Office, the Operator may proceed in accordance with the provisions of this Rule. The Operator shall maintain a Financial Warranty at all times adequate to cover the cost to stabilize and cover any exposed backfilled material. The Notice to the Office shall include but is not limited to: (a) a narrative that describes the approximate location of the proposed activity; (b) the approximate volume of inert material to be backfilled; (c) a signed affidavit certifying that the material is clean and inert, as defined in Rule 1.1(20); (d) the approximate dates the proposed activity will commence and end, however, such dates shall not be an enforceable condition; (e) an explanation of how the backfilled site will result in a post -mining configuration that is compatible with the approved post -mining land use; and (f) a general engineering plan stating how the material will be placed and stabilized in a manner to avoid unacceptable settling and voids. Exhibit E Section 3.1.5 N/A 3.1.5(10) All mined material to be disposed of within the affected area must be handled in such a manner so as to prevent any unauthorized release of pollutants to the surface drainage system. Exhibit E Section 3.1.5 3.1.5(11) (11) No unauthorized release of pollutants to groundwater shall occur from any materials mined, handled or disposed of within the permit area. Exhibit E Section 3.1.5 3.1.6(1) Water -General Requirements Hydrology and Water Quality: Disturbances to the prevailing hydrologic balance of the affected land and of the surrounding area and to the quantity or quality of water in surface and groundwater systems both during and after the mining operation and during reclamation shall be minimized by measures, including, but not limited to: (a) compliance with applicable Colorado water laws and regulations governing injury to existing water rights; (b) compliance with applicable federal and Colorado water quality laws and regulations, including statewide water quality standards and site -specific classifications and standards adopted by the Water Quality Control Commission; (c) compliance with applicable federal and Colorado dredge and fill requirements; and (d) removing temporary or large siltation structures from drainways after disturbed areas are revegetated and stabilized, if required by the Reclamation Plan. Exhibit E Section 3.1.6 Exhibit E Section 3.1.6 Exhibit E Section 3.1.6 Exhibit E Section 3.1.6 N/A 3.1.6(2) Earth dams, if necessary to impound water, may be constructed if the formation of such impoundments will not damage adjoining property or conflict with water pollution laws, rules or regulations of the federal government, the state of Colorado or with any local government pollution ordinances. Exhibit E Section 3.1.6 3.1.6(3) All surface areas of the affected land, including spoil piles, shall be stabilized and protected so as to effectively control erosion. Exhibit E Section 3.1.6 5 CMLRA Regulation No. CMLRA Regulation Compliance 3.1.7(1) Groundwater — Specific Requirements Standards and conditions applicable to classified and unclassified groundwater. (a) State-wide groundwater quality standards: Operations that may affect groundwater quality shall comply with all statewide groundwater quality standards established by the Water Quality Control Commission (hereafter, the WQCC). (b) Classified areas: Operations that may affect the quality of groundwater in a specified area that has been classified by the WQCC shall comply with the standards applicable to such specified area. (c) Unclassified areas: Operations that may affect the quality of groundwater which has not been classified by the WQCC shall protect the existing and reasonably potential future uses of such groundwater. (d) Water quality standards applicable to groundwater that has been classified, state-wide standards for certain pollutants, and interim narrative standards set by the WQCC shall supersede any numeric protection levels established for the subject pollutants pursuant to this Subsection 3.1.7. Exhibit E Section 3.1.7 3.1.7(2) Establishing permit conditions, including numeric protection levels, protective of unclassified groundwater uses. (a) Pursuant to the procedures specified in Paragraph 3.1.7(3), permit conditions shall be established for each operation that may have a reasonable potential to adversely affect the quality of a specified area that has not been classified by the WQCC. Such permit conditions may be in the form of numeric protection levels, practice -based permit conditions, or both. (b) Points of compliance for numeric protection levels shall be set pursuant to Paragraph 3.1.7(5). (c) Permit conditions, whether practice -based or numeric protection levels, shall be established as follows: (i) The permit conditions shall be protective of the existing and reasonably potential future uses of the groundwater that may be affected. The WQCC's groundwater quality table values (The Basic Standards For Ground Water 5 CCR 1002-41), shall be used as a guide in establishing the permit conditions. (ii) Where ambient groundwater quality exceeds values for protection of existing and reasonably potential future uses of groundwater, such as groundwater table values or other numeric criteria, permit conditions shall be established to protect those uses against further lowering of groundwater quality. Exhibit E Section 3.1.7 3.1.7(3) Procedures for establishing permit conditions to protect the quality of unclassified groundwater. (a) New operations and modifications of existing permits: Any application for a new operation, or an application for a modification of an existing permit which modification has a reasonable potential to adversely affect the quality of unclassified groundwater, that is approved by the Office or the Board on or after September 1, 1993, shall include permit conditions pursuant to Paragraph 3.1.7(2). Exhibit E Section 3.1.7 3.1.7(6) Points of Compliance: (a) In order to evaluate protection afforded groundwater quality, comply with groundwater standards, or to demonstrate compliance with permit conditions established by the Office to protect groundwater quality, one or more points of compliance shall be established. Through incorporation into a permit and on a schedule approved by the Office, an Operator shall comply with groundwater quality standards established by the Water Quality Control Commission at points of compliance. TBD 6 CMLRA Regulation No. CMLRA Regulation Compliance 3.1.7(7) Groundwater Monitoring: (a) For existing operations through permit modifications, and for new permit applications, a groundwater monitoring program shall be required on a case -by -case basis where an adverse impact on groundwater quality may reasonably be expected. TgD 3.1.7(7)(b) If groundwater monitoring is required, the Operator shall include the following information as part of a permit application or permit modification to an existing permit: 0) a map that accurately locates all proposed groundwater sample points and any locations that are proposed as a point of compliance; (ii) the method of monitoring well completion where monitoring wells are required; (iii) method of sampling, frequency of sampling and reporting to the Office; (iv) parameters analyzed, water quality analysis methods, and quality control and quality assurance methods; (v) formations, aquifers or strata to be sampled; (vi) identify the potential sources of groundwater contamination that will be monitored by each point of compliance monitoring point; (vii) a time -schedule for implementation; and (viii) (viii) ambient groundwater quality data sufficient to characterize potentially impacted groundwater quality. Exhibit E Section 3.1.7 3.1.8(1) Wildlife All aspects of the mining and reclamation plan shall take into account the safety and protection of wildlife on the mine site, at processing sites, and along all access roads to the mine site with special attention given to critical periods in the life cycle of those species which require special consideration (e.g., elk calving, migration routes, peregrine falcon nesting, grouse strutting grounds). Exhibit E Section 3.1.8 3.1.8(2) Habitat management and creation, if part of the Reclamation Plan, shall be directed towards encouraging the diversity of both game and non -game species, and shall provide protection, rehabilitation or improvement of wildlife habitat. Operator are encouraged to contact the Colorado Division of Wildlife and/or federal agencies with wildlife responsibilities to see if any unique opportunities are available to enhance habitat and/or benefit wildlife which could be accomplished within the framework of the Reclamation Plan and costs. N/A 3.1.9(1) Topsoiling Where it is necessary to remove overburden in order to mine the construction material, topsoil shall be removed and segregated from other spoil. If such topsoil is not replaced on a backfill area within a time short enough to avoid deterioration of the topsoil, vegetative cover or other means shall be employed so that the topsoil is protected from erosion, remains free of any contamination by toxic or acid-forming material, and is in a usable condition for reclamation. Exhibit E Section 3.1.9 3.1.9(2) Where practicable, woody vegetation present at the site shall be removed from or appropriately incorporated into the existing topsoil prior to excavation within the affected areas. Exhibit E Section 3.1.9 7 CMLRA Regulation No. CMLRA Regulation Compliance 3.1.9(3) Topsoil stockpiles shall be stored in places and configurations to minimize erosion and located in areas where disturbance by ongoing mining operations will be minimized. Such stockpile areas must be included in the affected areas and subject to all reclamation requirements. The Board may require immediate planting of an annual and/or perennial on topsoil stockpiles for the purpose of stabilization. Exhibit E Section 3.1.9 3.1.9(4) Once stockpiled, the topsoil shall be rehandled as little as possible until replacement on the regraded, disturbed area. Relocations of topsoil stockpiles on the affected land require Board or Office approval. Approval in most cases would be granted by way of technical revision. Exhibit E Section 3.1.9 3.1.9(5) The Operator shall take measures necessary to assure the stability of replaced topsoil on graded slopes such as roughing in final grading to eliminate slippage zones that may develop between the deposited topsoil and heavy textured spoil surfaces. Exhibit E Section 3.1.9 3.1.9(6) If, in the discretion of the Board of Office, such existent topsoil is of insufficient quantity or of poor quality for sustaining vegetation, and if other materials can be shown to be more suitable for vegetation requirements, then the Operator shall remove, segregate, and preserve in a like manner such other materials which are best able to support vegetation. Exhibit E Section 3.1.9 3.1.9(7) When growing media is replaced, it shall be done in as even a manner as possible. Fertilizer or other soil amendments shall be added, if required in the Reclamation Plan or as the soil tests indicate. Exhibit E Section 3.1.9 3.1.9(8) Vegetative piles shall be removed from the area or utilized in accordance with the Reclamation Plan Exhibit E Section 3.1.9 3.1.10(1) Revegetation In those areas where revegetation is part of the Reclamation Plan, land shall be revegetated in such a way as to establish a diverse, effective, and long-lasting vegetative cover that is capable of self - regeneration without continued dependence on irrigation, soil amendments or fertilizer, and is at least equal in extent of cover to the natural vegetation of the surrounding area. Exhibit E Section 3.1.10 3.1.10(2) If the Operator's choice of reclamation is forest planting, they may, with the approval of the department, select the type of trees to be planted. N/A 3.1.10(3) If the Operator's choice of reclamation is for range, the land shall be restored to slopes commensurate with the proposed land use and shall not be too steep to be traversed by livestock. The area may be seeded either by hand, or power, or by the aerial method. Exhibit E Section 3.1.10 3.1.10(4) The revegetation plan shall provide for the greatest probability of success in plant establishment and vegetation development by considering environmental factors such as seasonal patterns of precipitation, temperature and wind; soil texture and fertility; slops stability; and direction of slope faces. Similar attention shall be given to biological factors such as proper inoculation of legume seed, appropriate seeding and transplanting practices, care of forest planting stock, and restriction of grazing during initial establishment. The Board or Office, in consultation with the Landowner and the local Soil Conservation District, if any, shall determine when grazing may start. Exhibit E Section 3.1.10 3.1.10(5) To ensure the establishment of a diverse and long-lasting vegetative cover, the Operator shall employ appropriate techniques of site preparation and protection such as mechanical soil conditioning by discing and ripping; mulching; soil amendments and fertilizers; and irrigation. Exhibit E Section 3.1.10 8 CMLRA Regulation No. CMLRA Regulation Compliance 3.1.10(6) Methods of weed control shall be employed for all prohibited noxious weed species, and whenever invasion of a reclaimed area by other weed species seriously threatens the continued development of the desired vegetation. Weed control methods shall also be used whenever the inhabitation of the reclaimed area by weeds threaten further spread of serious weed pests to nearby areas. Exhibit E Section 3.1.10 3.1.10(7) When necessary, fire lands or access roads shall be constructed through the area to be planted. These lanes or roads shall provide access for planting crews, supervision, and inspection. Exhibit E Section 3.1.10 3.1.10(8) Planting required for reclamation may be delayed, though the period of use related to places of refuse disposal, haulage roads and road cuts. Normal stabilization of surfaces is required. No planting is required: (a) on any affected land being used or proposed to be used by the Operator for the deposit of disposal of refuse until after the cessation of operations productive to such refuse; (b) on lands proposed for future mining; (c) within depressed haulage roads or final cuts while such roads or final cuts are being used or made; (d) where permanent pools or lakes have been formed; and (e) on any affected land so long as the chemical and physical characteristics of the surface and immediately underlying material of such affected land are toxic, deficient in plant nutrients, or composed of sand, gravel, or stone to such an extent as to seriously inhibit plant growth and such conditions cannot feasibly be remedied by chemical treatment, fertilization, replacement of overburden, or like measures. Exhibit E Section 3.1.10 3.1.10(9) Where adverse characteristics of the surface, not feasibility remedied by artificial measures, would seriously inhibit plant growth, planting may be delayed or provided on substitute acres, depending upon natural corrective processes over a ten-year period. Exhibit E Section 3.1.10 3.1.11 Building and Structures If the affected land is owned by a legal entity other than any local, state, or federal entity, any buildings or structures including those constructed or placed on the affected lands in conjunction with the mining operations or which are historic structures as determined by the State Historic Preservation Office may, at the option of the Operator and Landowner and with the approval of the Board, remain on the affected land after reclamation if such buildings or structures will not conflict with the post -mining land use and the structures conform to local building and zoning codes. Exhibit E Section 3.1.11 3.1.12(1) Signs and Markers At the entrance of the mine site the Operator shall post a sign, which shall be clearly visible from the access road, with the following: (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. Exhibit E Section 3.1.12 3.1.12(2) The boundaries of the affected area will be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries. (b) for Special 111 Special Operations and Regular 112 Reclamation Operations the area proposed to be disturbed by mining operations for which a Financial Warranty and Performance Warranty have been posted shall be the affected area. Exhibit E Section 3.1.12 9 CMLRA Regulation No. CMLRA Regulation Compliance 3.1.13(1) Spill Reporting The Mine Operator shall Notify the Office of a spill of any toxic or hazardous substance, including spills of petroleum products, that occurs within the mined land permit area or area encompassed by a Notice of Intent and which would be required to be reported to any Division of the Colorado Department of Public Health and the Environment, the National Response Center, the Colorado Emergency Planning Commission, any local Emergency Planning Commission, local Emergency Planning Committee, or the State Oil Inspector. The Operator shall: (1) within 24 hours of the time the spill is reported to any other agency(ies) with jurisdiction over the spill, notify any DRMG Minerals Program Field Office or the Minerals Program Denver Office, Division of Reclamation, Mining and Safety, via phone, facsimile, or email; Exhibit E Section 3.1.13 3.1.13(2) include in the notice any relevant information known at the time contact is made with the Office that would assist the Office in assessing spill seriousness, such as: (a) operation name, DRMS permit number and name of person reporting the spill, (b) telephone number of a responsible company official for the Office staff to use as a contact, (c) date and time of spill, (d) type of material spilled (CAS number if applicable, from the material safety data sheet (MSDS) form), (e) estimate of the amount spilled, whether any material has left the permit area, and where the spilled material went, and (f) initial measures taken to contain and clean up spill. (3) copy the Office on any correspondence and/or written reports provided to other agencies. Supplement those reports if necessary to include the information outlined in rule 3.1.13(2). Exhibit E Section 3.1.13 4.1.1 General Requirements - Performance Warranties Each application for any Permit or amendments thereto shall be accompanied by a Performance Warranty. (a) The Performance Warranty shall be in a form approved and prescribed by the Board. (b) A Performance Warranty shall be signed by the Operator and/or by a person or persons authorized to bind the Operator. TBD 4.1.2(1) General Requirements - Financial Warranties A Financial Warranty shall be signed by person or persons authorized to sign a Financial Warranty. TBD 6.2.1(2) General Requirements of Exhibits General Requirements Maps & Exhibits Maps and Exhibits Maps, except the index map, must conform to the following criteria: (a) show name of Applicant; (b) must be prepared and signed by a registered land surveyor, professional engineer, or other qualified person; (c) give date prepared; (d) identify and outline the area which corresponds with the application; (e) with the exception of the map of the affected lands required in Section 34-32.5-112(2)(d), C.R.S. 1984, as amended, shall be prepared at a scale that is appropriate to clearly show all elements that are required to be delineated by the Act and these Rules. The acceptable range of map scales shall not be larger than 1 inch = 50 feet nor smaller than 1 inch = 660 feet. Also, that a map scale, appropriate legend, map title, date and a north arrow shall be included. Exhibit B, Exhibit C, Exhibit D, Exhibit F 6.4.1(1) Specific Exhibit Requirements —112 Reclamation Operations EXHIBIT A - Legal Description The legal description must identify the affected land, specify affected areas and be adequate to field locate the property. Description shall be by (a), township, range, and section, to at least the nearest quarter -quarter section and (b), location of the main entrance to the site reported as latitude and longitude, or the Universal Transverse Mercator (UTM) Grid as determined from a USGS topographic map. A metes and bounds survey description is acceptable in lieu of township, range, and section. Where available, the street address or lot number(s) shall be given. This information may be available from the County Assessor's office or U.S. Geological Survey (USGS) maps. Exhibit A, Exhibit D Map D1 10 CMLRA Regulation No. CMLRA Regulation Compliance 6.4.1(2) The main entrance to the mine site shall be located based on a USGS topographic map showing latitude and longitude or Universal Transverse Mercator (UTM). The operator will need to specify coordinates of latitude and longitude in degrees, minutes and seconds or in decimal degrees to an accuracy of at least five (5) decimal places (e.g., latitude 37.12345 N, longitude 104.45678 W). For UTM, the operator will need to specify North American Datum (NAD) 1927, NAD 1983, or WGS 84, and the applicable zone, measured in meters. Exhibit A, Exhibit D Map D1, Exhibit D Figure D1 6.4.2 EXHIBIT B - Index Map An index map showing the regional location of the affected land and all roads and other access to the area. A standard U.S. Geological Survey topographic quadrangle or equivalent is acceptable. Scale criteria need not be followed for this map. Exhibit B 6.4.3 EXHIBIT C - Pre -mining and Mining Plan Map(s) of Affected Lands One or more maps may be necessary to legibly portray the following information: (a) all adjoining surface owners of record; Exhibit C Map C1 (b) the name and location of all creeks, roads, buildings, oil and gas wells and lines, and power and communication lines on the area of affected land and within two hundred (200) feet of all boundaries of such area; Exhibit C Map C2 (c) the existing topography of the area with contour lines of sufficient detail to portray the direction and rate of slope of the affected land; Exhibit C Map C2 (d) the total area to be involved in the operation, including the area to be mined and the area of affected lands (see definition of "Affected Land"); Exhibit C Map C2 (e) the type of present vegetation covering the affected lands; and Exhibit C Map C3 (f) in conjunction with Exhibit G - Water Information, Subsection 6.4.7, if required by the Office, further water resources information will be presented on a map in this section. Exhibit C Map C4 (g) Show the owner's name, type of structures, and location of all significant, valuable, and permanent man-made structures contained on the area of affected land and within two hundred (200) feet of the affected land. N/A — as discussed in Exhibit S (h) In conjunction with Exhibit I - Soils Information, Subsection 6.4.9, soils information may be presented on a map in this section; (i) Aerial photos, if available, may be included in this section. Exhibit C Map C5 6.4.4 EXHIBIT D - Mining Plan The mining plan shall supply the following information, correlated with the affected lands, map(s) and timetables: (a) description of the method(s) of mining to be employed in each stage of the operation as related to any surface disturbance on affected lands; Exhibit D Section 6.4.4(a) (b) earthmoving; Exhibit D Section 6.4.4(b) (c) all water diversions and impoundments; Exhibit D Section 6.4.4(c) and (d) the size of area(s) to be worked at any one time. Exhibit D Section 6.4.4(d), Exhibit D Map D1 11 CMLRA Regulation No. CMLRA Regulation Compliance (e) An approximate timetable to describe the mining operation. The timetable is for the purpose of establishing the relationship between mining and reclamation during the different phases of a mining operation. An Operator/Applicant shall not be required to meet specific dates for initiation, or completion of mining in a phase as may be identified in the timetable. This does not exempt an Operator/Applicant from complying with the performance standards of Section 3.1. If the operation is intended to be an intermittent operation as defined in Section 34-32.5-103(11)(b), C.R.S., the Applicant should include in this exhibit a statement that conforms to the provisions of Section 34- 32.5-103(11)(b), C.R.S. Such timetable should include: (i) an estimate of the periods of time which will be required for the various stages or phases of the operation; (ii) a description of the size and location of each area to be worked during each phase; and (iii) outlining the sequence in which each stage or phase of the operation will be carried out. (Timetables need not be separate and distinct from the mining plan, but may be incorporated therein.) Exhibit D Section 6.4.4(e), Exhibit D Section 6.4.4(e) Table D1 Exhibit D Section 6.4.4(e) Table D1 Exhibit D Section 6.4.4(e) Table D1 Exhibit D Section 6.4.4(e) Table D1, Exhibit D Map D1 (f) A map (in Exhibit C - Pre -Mining and Mining Plan Maps(s) of Affected Lands, Subsection 6.4.3) may be used along with a narrative to present the following information: (i) nature, depth and thickness of the deposit to be mined and the thickness and type of overburden to be removed (may be marked "CONFIDENTIAL," pursuant to Paragraph 1.3(3)); and (ii) nature of the stratum immediately beneath the material to be mined in sedimentary deposits. Exhibit D Section 6.4.4(f) Exhibit D Map D1 Exhibit D Section 6.4.4(f) (g) Identify the primary and secondary commodities to be mined/extracted and describe the intended use; and Exhibit D Section 6.4.4(g) (h) name and describe the intended use of all expected incidental products to be mined/extracted by the proposed operation. Exhibit D Section 6.4.4(h) (i) Specify if explosives will be used in conjunction with the mining (or reclamation). In consultation with the Office, the Applicant must demonstrate pursuant to Subsection 6.5(4), Geotechnical Stability Exhibit, that offsite areas will not be adversely affected by blasting. Exhibit D Section 6.4.4(i) 6.4.5 EXHIBIT E - Reclamation Plan (1) In preparing the Reclamation Plan, the Operator/Applicant should be specific in terms of addressing such items as final grading (including drainage), seeding, fertilizing, revegetation (trees, shrubs, etc.), and topsoiling. Operators/Applicants are encouraged to allow flexibility in their plans by committing themselves to ranges of numbers (e.g., 6"-12" of topsoil) rather than specific figures. Exhibit E (2) The Reclamation Plan shall include provisions for, or satisfactory explanation of, all general requirements for the type of reclamation proposed to be implemented by the Operator/Applicant. Reclamation shall be required on all the affected land. The Reclamation Plans shall include: Exhibit E (a) A description of the type(s) of reclamation the Operator/Applicant proposes to achieve in the reclamation of the affected land, why each was chosen, the amount of acreage accorded to each, and a general discussion of methods of reclamation as related to the mechanics of earthmoving; Exhibit E 12 CMLRA Regulation No. CMLRA Regulation Compliance (b) A comparison of the proposed post -mining land use to other land uses in the vicinity and to adopted state and local land use plans and programs. In those instances where the post -mining land use is for industrial, residential, or commercial purposes and such use is not reasonably assured, a plan for revegetation shall be submitted. Appropriate evidence supporting such reasonable assurance shall be submitted; Exhibit E (c) A description of how the Reclamation Plan will be implemented to meet each applicable requirement of Section 3.1; Exhibit E Section 3.1.1-3.1.13 (d) Where applicable, plans for topsoil segregation, preservation, and replacement; for stabilization, compaction, and grading of spoil; and for revegetation. The revegetation plan shall contain a list of the preferred species of grass, legumes, forbs, shrubs or trees to be planted, the method and rates of seeding and planting, the estimated availability of viable seeds in sufficient quantities of the species proposed to be used, and the proposed time of seeding and planting; Exhibit E "Topsoil Segregation, Preservation, and Replacement" (e) A plan or schedule indicating how and when reclamation will be implemented. Such plan or schedule shall not be tied to any specific date but shall be tied to implementation or completion of different stages of the mining operation as described in Subparagraph 6.4.4(1)(e). The plan or schedule shall include: (i) An estimate of the periods of time which will be required for the various stages or phases of reclamation; (ii) A description of the size and location of each area to be reclaimed during each phase; and (iii) An outline of the sequence in which each stage or phase of reclamation will be carried out. (The schedule need not be separate and distinct from the Reclamation Plan, but may be incorporated therein.) Exhibit E "Reclamation Schedule" Pg. 5, Exhibit E Table E1: Reclamation Timetable (f) A description of each of the following: (i) Final grading - specify maximum anticipated slope gradient or expected ranges thereof; (ii) Seeding - specify types, mixtures, quantities, and expected time(s) of seeding and planting; (iii) Fertilization - if applicable, specify types, mixtures, quantities and time of application; (iv) Revegetation - specify types of trees, shrubs, etc., quantities, size and location; and (v) Topsoiling - specify anticipated minimum depth or range of depths for those areas where topsoil will be replaced. Exhibit E "Final Grading" Exhibit E "Final Grading" Exhibit E "Final Grading" Exhibit E "Final Grading" Exhibit E "Final Grading" Exhibit E "Final Grading" 6.4.6 EXHIBIT F - Reclamation Plan Map The map(s) of the proposed affected land, by all phases of the total scope of the mining operation, shall indicate the following: (a) The expected physical appearance of the area of the affected land, correlated to the proposed mining and reclamation timetables. The map must show proposed topography of the area with contour lines of sufficient detail to portray the direction and rate of slope of all reclaimed lands; and Exhibit F Map F1 (b) Portrayal of the proposed final land use for each portion of the affected lands. Exhibit F Map F1 6.4.7 EXHIBIT G - Water Information (2) If the operation is expected to directly affect surface or groundwater systems, the Operator/Applicant shall: (a) Locate on the map (in Exhibit C) tributary water courses, wells, springs, stock water ponds, reservoirs, and ditches on the affected land and on adjacent lands where such structures may be affected by the proposed mining operations; Exhibit G Exhibit C Map C2, Exhibit C Map C4 13 CMLRA Regulation No. CMLRA Regulation Compliance (b) Identify all known aquifers; and Exhibit G, Exhibit C Map C4 (c) Submit a brief statement or plan showing how water from de -watering operations or from runoff from disturbed areas, piled material and operating surfaces will be managed to protect against pollution of either surface or groundwater (and, where applicable, control pollution in a manner that is consistent with water quality discharge permits), both during and after the operation. Exhibit G "Pollution Protection" Pg. 2 (3) The Operator/Applicant shall provide an estimate of the project water requirements including flow rates and annual volumes for the development, mining and reclamation phases of the project. Exhibit G "Water Source and Supply" (4) The Operator/Applicant shall indicate the projected amount from each of the sources of water to supply the project water requirements for the mining operation and reclamation. Exhibit G "Water Source and Supply" (5) The Operator/Applicant shall affirmatively state that the Operator/Applicant has acquired (or has applied for) a National Pollutant Discharge Elimination System (NPDES) permit from the Water Quality Control Division at the Colorado Department of Health, if necessary. Exhibit G "National Pollution Discharge Elimination System" 6.4.8 EXHIBIT H - Wildlife Information (1) In developing the wildlife information, the Operator/Applicant may wish to contact the local wildlife conservation officer. The Operator/Applicant shall include in this Exhibit, a description of the game and non -game resources on and in the vicinity of the application area, including: (a) a description of the significant wildlife resources on the affected land; Exhibit H "Game and Non -Game Resources" (b) seasonal use of the area Exhibit H "Seasonal Use of Area" (c) the presence and estimated population of threatened or endangered species from either federal or state lists; Exhibit H "Federal Threatened and/or Endangered Species", Exhibit H "State Threatened and/or Endangered Species" (d) a description of the general effect during and after the proposed operation on the existing wildlife of the area, including but not limited to temporary and permanent loss of food and habitat, interference with migratory routes, and the general effect on the wildlife from increased human activity, including noise. Exhibit H "General Effects of Proposed Operation on Existing Wildlife" 6.4.9 EXHIBIT I - Soils Information (1) In consultation with the Soil Conservation Service or other qualified person, the Operator/Applicant shall indicate on a map (in Exhibit C) or by a statement, the general type, thickness and distribution of soil over the affected land. Such description will address suitability of topsoil (or other material) for establishment and maintenance of plant growth. The above information shall satisfy "completeness" requirements for purposes of determination of date of filing. Exhibit I, Exhibit C Map C5 (2) If necessary, at its discretion, the Board may require additional information on soils or other growth media to be stockpiled and used in revegetation to be submitted subsequent to the filing and notification of "completeness" of the application. N/A 6.4.10 EXHIBIT J - Vegetation Information (1) The Operator/Applicant shall include in this Exhibit a narrative of the following items: (a) descriptions of present vegetation types, which include quantitative estimates of cover and height for the principal species in each life -form represented (i.e., trees, tall shrubs, low shrubs, grasses, forbs); Exhibit J, (b) the relationship of present vegetation types to soil types, or alternatively, the information may be presented on a map; and Exhibit C Map C3, Exhibit C Map C5 14 CMLRA Regulation No. CMLRA Regulation Compliance (c) estimates of average annual production for hay meadows and croplands, and carrying capacity for range lands on or in the vicinity of the affected land, if the choice of reclamation is for range or agriculture. Exhibit J (2) The Operator/Applicant shall show the relation of the types of vegetation to existing topography on a map in Exhibit C. In providing such information, the Operator/Applicant may want to contact the local Soil Conservation District. Exhibit C Map C3 6.4.11 EXHIBIT K - Climate Provide a description of the significant climatological factors for the locality. Exhibit K 6.4.12 EXHIBIT L - Reclamation Costs (1) All information necessary to calculate the costs of reclamation must be submitted and broken down into the various major phases of reclamation. The information provided by the Operator/Applicant must be sufficient to calculate the cost of reclamation that would be incurred by the state. Exhibit L 6.4.13 EXHIBIT M - Other Permits and Licenses A statement identifying which of the following permits, licenses and approvals the Operator/Applicant holds or will be seeking in order to conduct the proposed mining and reclamation operations: effluent discharge permits, air quality emissions permits, radioactive source material licenses, the State Historic Preservation Office clearance, disposal of dredge and fill material (404) permits, permit to construct a dam, well permits, explosives permits, highway access permits, U.S. Forest Service permits, Bureau of Land Management permits, county zoning and land use permits, and city zoning and land use permits. Exhibit M 6.4.14 EXHIBIT N - Source of Legal Right to Enter The source of the Operator's/Applicant's legal right to enter and initiate a mining operation on the affected land. (Same requirements as Rule 6.3.7). Exhibit N 6.4.15 EXHIBIT O - Owner(s) of Record of Affected Land (Surface Area) and Owners of Substance to be Mined The complete list of all owners can be submitted as a list or on a map in Exhibit C. Exhibit O 6.4.16 EXHIBIT P - Municipalities Within Two Miles A list of any municipality(s) within two miles of the proposed mining operation and address of the general office of each municipality. Exhibit P 6.4.17 EXHIBIT Q - Proof of Mailing of Notices to Board of County Commissioners and Soil Conservation District Proof that notice, of the permit application was sent to the Board of County Commissioners and, if the mining operation is within the boundaries of a Soil Conservation District, to the Board of Supervisors of the local Soil Conservation District, pursuant to Subparagraph 1.6.2(1)(a)(ii). Exhibit Q 6.4.18 EXHIBIT R - Proof of Filing with County Clerk and Recorder An affidavit or receipt indicating the date on which the application was placed with the local County Clerk and Recorder for public review, pursuant to Subparagraph 1.6.2(1)(c). Exhibit R 6.4.19 EXHIBIT S - Permanent Man- made Structures (CCR 6.4.20) Where the mining operation will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred (200) feet of the affected land, the applicant may either: (a) provide a notarized agreement between the applicant and the person(s) having an interest in the structure, that the applicant is to provide compensation for any damage to the structure; or Exhibit S N/A (b) where such an agreement cannot be reached, the applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or. N/A 15 CMLRA Regulation No. CMLRA Regulation Compliance (c) where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility. N/A 6.5 GEOTECHNICAL STABILITY EXHIBIT (1) On a site -specific basis, an Applicant shall be required to provide a geotechnical evaluation of all geologic hazards that have the potential to affect any proposed impoundment, slope, embankment, highwall, or waste pile within the affected area. The Applicant may also be required to provide a geotechnical evaluation of all geologic hazards, within or in the vicinity of the affected lands, that may be de -stabilized or exacerbated by mining or reclamation activities. N/A (2) On a site -specific basis, an Applicant shall be required to provide engineering stability analyses for proposed final reclaimed slopes, highwalls, waste piles and embankments. An Applicant may also be required to provide engineering stability analyses for certain slopes configuration as they will occur during operations, including, but not limited to embankments. Information for slope stability analyses may include, but would not be limited to, slope angles and configurations, compaction and density, physical characteristics of earthen materials, pore pressure information, slope height, post -placement use of site, and information on structures or facilities that could be adversely affected by slope failure. N/A (3) Where there is the potential for off -site impacts due to failure of any geologic structure or constructed earthen facility, which may be caused by mining or reclamation activities, the Applicant shall demonstrate through appropriate geotechnical and stability analyses that off -site areas will be protected with appropriate factors of safety incorporated into the analysis. The minimum acceptable safety factors will be subject to approval by the Office, on a case -by -case basis, depending upon the degree of certainty of soil or rock strength determinations utilized in the stability analysis, depending upon the consequences associated with a potential failure, and depending upon the potential for seismic activity at each site. N/A (4) At sites where blasting is part of the proposed mining or reclamation plan, the Applicant shall demonstrate through appropriate blasting, vibration, geotechnical, and structural engineering analyses, that off -site areas will not be adversely affected by blasting. N/A 16 Response to Comments Black Mountain Sand DJ LLC previously submitted a Construction Materials Regular (112) Operation Reclamation Permit Application in February 2019, which was open to public review and comment from March 25 — May 9, 2019. Included below are the public comments received as well as Black Mountain's response. Comment Entity Comment Response Colorado Division of Water Resources A statement that since the operation does not anticipate exposing groundwater, exposure must not occur & the operation must stay at least 2 feet above the water table throughout operations. Black Mountain's mine plan has been designed to stay at least 2 feet above the known water table within each phase of the mine plan. See section 3.1.5 of Exhibit E and Exhibit G Water Information for details. A statement that applicant must identify specific well permits or water rights that will provide water for the project & provide evidence that water is approved for the proposed use. Black Mountain proposes to use water from existing wells on lands owned by Black Mountain Land Company, LP to the west of the proposed Lost Creek Mine property boundary. Black Mountain is currently in the process of converting the use of water rights from those wells to multiple use and has provided additional data, such as the well permit numbers and location, in the application amendment. See Figure D4 Process Water Pipeline in Exhibit D for a map of wells and Exhibits D and G for water well details. Proof of multiple use will be provided as soon as it is available. A statement that any stormwater runoff captured by the operation must be released back into the stream system within 72 hours and may require a discharge permit. Black Mountain's stormwater designs for both construction and operations have taken into account this requirement. See section 6.4.4(c) of Exhibit D for details. U.S. Army Corps of Engineers A statement that project is not within Corps owned or operated lands so they recommend plan be submitted to local floodplain administrator for review & approval prior to construction. Black Mountain has already met with Weld County's personnel who have verified the project is not within the local floodplain and therefore does not require any additional review. A statement urging verification of compliance with both Weld County & State floodplain management criteria. Black Mountain has already met with Weld County's personnel who have verified the project is not within the local floodplain and therefore does not require any additional review. History Colorado A statement that no cultural resources inventories have been recorded for the site and no historical properties have been recorded and therefore no data is available for them to comment on. Because the project is on private land, a cultural resources inventory is not required. However, a tabletop cultural resources inventory of the project area was completed and no cultural resources or historical properties were identified at the site. Historical use of the area is well documented and no significant features intersect the project area. Black Mountain will comply with all federal, state, and local laws with respect to the discovery of both cultural resources and human remains during operations. West Greeley Conservation District A statement that they were not formally notified of this project; they were informed by various land owners and the neighboring Ft. Morgan Conservation District. Notification of conservation districts is required by the state process and as part of the Weld County Use by Special Review (USR) process only if the project boundary is within a conservation district. According to data available on the Weld County website, the Lost Creek Mine project is not located within any conservation district, but does border two districts: West Greeley and Southeast Weld. Although notification of the conservation districts is not required at this time, Black Mountain has added the West Greeley Conservation District to its list for future project notifications. 17 Comment Entity Comment Response A statement that they would like to be part of the USR review. The Use by Special Review (USR) is the Weld County land use application process. Black Mountain has not yet submitted a USR application to Weld County. The USR application for Weld County is in the process of being finalized for submittal. A timeline for the Weld County application submittal is not currently known. A statement that they are concerned for the surrounding land owners and agencies this project may impact and the effects the project may have from a conservation standpoint, including traffic, dust, and water quality. Black Mountain has been in contact with several local land owners and nearby entities, as well as local agencies to discuss the project and potential impacts. Multiple water quality tests were conducted and additional data has been added to this amendment regarding the potential impacts to water quality from the proposed mining activities. While traffic and dust concerns are not part of the scope of the state application review, they will be discussed in the Weld County Use by Special Review (USR) application. Additionally, Black Mountain is happy to meet with the conservation district to discuss their concerns and our best management practices in detail. Morgan County Quality Water District "The applicant should be required to file an application for hard rock mining because Applicant is proposing to mine for industrial sand, not construction materials". Black Mountain has received verbal confirmation from CDRMS personnel that industrial sand is considered a construction material under Colorado Rules and, therefore, our use of the construction materials application form is correct. "The application does not adequately describe certain aspects of the proposed mining and processing plan in sufficient detail" (i.e. the process to remove feldspathic sand grains from the product). Black Mountain has already conducted testing on samples from the Lost Creek Mine project area and is confident in the material's ability to be used as a proppant sand. Additionally, the percentage of feldspar in the deposit is minimized after washing, scrubbing, and separating. No flotation is required and no "Designated Chemicals" will be necessary nor are they proposed for use at the site. "The Applicant made assumptions and conclusions regarding the impact of the mining, processing, and reclamation operations on the groundwater without considering the underlying alluvial aquifer known as the Hay Gulch alluvial aquifer, and did not consider the adverse impact that the proposed operations might reasonably be expected to have on the groundwater quality produced from Morgan County Quality Water District's permitted wells which are located on the adjacent property and which are completed in the Hay Gulch aquifer". Black Mountain has met with Morgan County Quality Water District and discussed in detail their concerns regarding the Hay Gulch Aquifer and potential water quality impacts. As a result of these discussions, Black Mountain has submitted this amendment to ensure the water quality in the Hay Gulch Aquifer, going so far as to move the entire mining area and processing facility outside the Hay Gulch aquifer boundary as well as committing to not mine 30% of their sand reserves, which overlay the Hay Gulch aquifer. Additional data has been added to the amendment regarding the project's impacts to groundwater and detailed steps Black Mountain has made and is continuing to make regarding both Morgan County's municipal well field and the surrounding water quality have been included. Bijou Irrigation District and Bijou Irrigation Company A statement that Bijou does not believe sufficient baseline aquifer data collection and analysis has been done to establish pre -mining baseline aquifer water levels or hydrology in the proposed mining area. Historical data and extensive hydrology studies that have been completed on the Lost Creek and Hay Gulch Aquifers are readily available. Two exploratory drilling programs have also been completed at the site, which provided supplemental water level data within the project area. The combination of this data was used to establish a baseline for the project and assist in the development of Black Mountain's mine plan and proposed groundwater monitoring program, which is included in Section 3.1.7 of Exhibit E. 18 Comment Entity Comment Response A belief that Black Mountain should be required to monitor the groundwater of the area for at least one (1) full year prior to permit approval. Historical data and extensive hydrology studies have already been completed in the area and have provided significant groundwater data for use in site planning. This data, combined with the additional exploratory drilling completed at the site, was used by Black Mountain to develop the proposed groundwater monitoring program, which is included in Section 3.1.7 of Exhibit E. A statement that the project could have significant water quality impacts from both the process water infiltrating into the area and from the potential for hydrocarbon spills from equipment and additional truck traffic in the area. Chemicals proposed for use in the process water from the plant are inert and will not contribute to water quality degradation. The only chemical used during processing will be an inert surfactant (a water-soluble polymer) that assists in the separation of clay and feldspar from the sand materials. It is a food grade chemical commonly used to remove impurities from water in multiple industries, including municipal drinking water facilities, and degrades within 14 days. Additionally, Black Mountain's proposed groundwater monitoring program is included in Section 3.1.7 of Exhibit E. Black Mountain will comply with all regulations regarding potential hydrocarbon spills at the site, including the implementation of a Spill Prevention Control and Countermeasures Plan and a Storm Water Pollution Prevention Plan for the site. These plans require best management practices to be used at the site at all times, providing for protection measures to be employed against spills, and providing cleanup/notification procedures and standards in the case of an accidental spill. A statement that Bijou is concerned about the management of wind erosion during the mining and reclamation activities. The mine plan and processing plant have both been designed to minimize wind erosion from the project. The onsite dust abatement plan, which will be submitted to Weld County for approval as part of the Use by Special Review (USR) application, includes best management practices for reducing wind erosion from stockpiles and active mining areas, as well as at the processing facility. All processing equipment is located within fully enclosed buildings and final product storage will be within fully enclosed silos. Additionally, the mine plan has been developed to use concurrent reclamation activities as an additional means of reducing potential dust by backfilling and reclaiming areas simultaneously during active mining operations. A statement that the Empire Reservoir is a winter roosting area for bald eagles and Bijou is concerned about the impacts to the bird's habitat during mining and reclamation activities. An initial wildlife survey has already been conducted to identify potential habitat on and near the project site. Black Mountain will comply with all federal regulatory rules of the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act, which includes conducting surveys as needed to identify active nests within the area of impact, developing buffers to mitigate impacts during mining activities, and scheduling vegetation removal, trimming, and grading activities outside peak breeding and roosting seasons whenever possible. See Exhibit H for additional information. 19 Comment Entity Comment Response A statement that Bijou is concerned with the operation's impacts to the air quality, noise levels, nighttime lighting, and traffic impacts on the Empire Reservoir. Black Mountain is complying with all air quality regulations, including obtaining all required air permits from the State of Colorado. All processing equipment will be located within fully enclosed buildings with bag houses and filters for vent dust control, negative pressure valves on the silos to reduce dust emissions during filling operations, and an onsite dust abatement plan which includes the use of water trucks for onsite dust suppression of all disturbed areas. Additionally, the mine plan has been developed to use concurrent reclamation activities as an additional means of reducing potential dust by backfilling and reclaiming areas simultaneously during active mining operations. Air quality emissions calculations, which have been prepared to support the air permit application package, show the project emissions to be in compliance with state limits. While noise levels, nighttime lighting, and traffic concerns are not discussed in detail in the state application, they will be discussed in the Weld County Use by Special Review (USR) application. Additionally, Black Mountain is happy to meet with the Bijou Irrigation District again to further discuss their concerns and our best management practices in detail. A request that a well monitoring program be implemented by Black Mountain for baseline collection prior to permit approval and continued as part of the reclamation plan as well as a water monitoring program to collect baseline water quality data and monitor for any water quality impacts long-term. Black Mountain's proposed groundwater monitoring program is included in Section 3.1.7 of Exhibit E. It includes the installation of wells on both the eastern and western edges of the project. Bijou provided a list of questions they would like answered within the permit amendment: • How deep will each "block" of mining be: during mining, post -mining, and post -reclamation. What will be deposited in each "block" during mining, post- mining and post -reclamation? • What is the character of the "plant byproduct" that will be placed in the "blocks" after mining, and which will be utilized for "sloping the land" during reclamation? Where will this "plant byproduct" material be stored and managed prior to use for reclamation? • What are the final reclamation grades, and what does "grading to best match existing conditions" mean when the majority of the material will be removed from each "block"? • Data on resource depth, proposed mining depth, and reclamation grades have been provided to CDRMS. This data is considered confidential data, as allowed in Paragraph 1.3(3) of the Act and, therefore, has not been provided for public review. Details on the backfill material is provided in Exhibit D. • "Plant byproduct", referred to as backfill material in the application, consists of site overburden, rocks and boulders, and over/undersized sand materials mined at the site. See Section 6.4.4(a) of Exhibit D for a description of the backfill material and planned storage locations. • Final reclamation grades have been provided to CDRMS. This data is considered confidential data, as allowed in Paragraph 1.3(3) of the Act and, therefore, has not been provided for public review. "Grading to best match existing conditions" is a reclamation term that requires reclaimed areas to match existing topography and drainage as closely as possible. 20 Comment Entity Comment Response • What is "adequate compaction...to prevent the • "Adequate compaction for stability and to prevent the leaching of toxic or acid leaching of toxic or acid forming materials"? What forming materials" is a requirement outlined in Section 3.1.5(2) of the Act. The toxic and acid-forming materials could be generated? Lost Creek Mine and its processing facility will not generate any toxic or acid - How will this compaction impact the hydraulic forming materials, nor will any toxic or acid-forming material be mined or are qualities of the aquifer? expected to be encountered during the operation, as discussed in Section 3.1.5 of Exhibit E. Backfill compaction is required for long-term stability of the site after reclamation. See Exhibit E for details of the earthwork and compaction process. • Will the processing area be lined? • Since the processing equipment is located within fully enclosed buildings and the entire processing facility has been designed to keep stormwater from encountering any processing materials, the processing area will not be lined. However, the process water ponds will be lined, as described in Section 6.4.4(c) of Exhibit D. • What chemicals will be used for processing? • The only chemical used during processing will be an inert surfactant (a water- soluble polymer) that assists in the separation of clay and feldspar from the sand materials. It is a food grade chemical commonly used to remove impurities from water in multiple industries, including municipal drinking water facilities, and degrades within 14 days. • What wastes will be generated during processing, what will the characteristics of that waste be • No wastes will be generated during processing. Only sand product and backfill materials (overburden, rocks and boulders, and over/undersized sand materials) (including leachability into the underlying soil and will be generated by the processing facility. The storage and handling of the ground water), and where will these wastes go? backfill material is discussed in Section 6.4.4(a) of Exhibit D. • How much water will be needed to process the mined • Details on water use for the processing facilities are discussed in Exhibit G. Black material, how much will be consumed, and how much Mountain's facilities have been designed to capture and re -use 950 of the will be wasted and where will the waste water go? water used during process operations. • How will secondary products be defined and used, how will they be processed, what wastes will be generated, and how will those wastes be disposed? • As discussed in Section 6.4.4(h) of Exhibit D, no secondary products are planned or proposed. • What is the best management practice for storm • There are numerous Best Management Practices (BMPs) that have been water control, ground water protection, and fugitive authorized by the State of Colorado and defined in the Urban Drainage and must mitigation, and will such practices actually Flood Control District's USDCM volume 3. BMPs are chosen on a site -specific protect existing resources, property rights, and operations? and project -specific basis. • What Spill Prevention Control & Countermeasure • SPCC and SWPPP documents will be prepared for the site. SPCC and SWPPP (SPCC) and Storm Water Pollution Prevention Plan documents are designed to be living documents that are continually updated (SWPPP) steps will be implemented? and modified as site conditions change. 21 Comment Entity Comment Response • What will the criteria be for allowing BMS to increase mining and/or processing to accommodate "market conditions for industrial sand"? • Once a mining permit is granted, an amendment would be required to increase mining and/or processing areas, as described in the Act. Ultimately, CORMS is responsible for determining whether an amendment to the permit is approved. Equus Farms, Inc. A statement that an amendment must comply with the regulations outlined by Colorado Revised Statues and should also provide additional data on how Black Mountain intends to minimize disturbances to the prevailing hydrologic balance. Black Mountain has provided all required information, as outlined in Section 1.10 of the Act. 22 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 O CHECK ONE: There is a File Number Already Assigned to this Operation COLORADO DIVISION OF RECLAMATION MINING — &— SAFETY Permit # M2,)18 Q51 - (Please reference the file number currently assigned to this operation) la_ New Application (Rule 1.4.5) t " t Amendment Application (Rule 1.10) ElConversion Application (Rule 1.11) Permit # M - - - (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts: (1) the application form; (2) Exhibits A -S, Addendum 1, any sections of Exhibit 6.5 (Geotechnical Stability Exhibit; and (3) the application fee. When you submit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (1) copy of the completed application form, two (2) copies of Exhibits A -S, Addendum 1, appropriate sections of 6.5 (Geotechnical Stability Exhibit, and a check for the application fee described under Section (4) below. Exhibits should NOT be bound or in a 3 -ring binder; maps should be folded to 8 1/2" X 11" or 8 1/2" X 14" size. To expedite processing, please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, ALL information requested below. 1 Applicant/operator or company name (name to be used on permit): Black Mountain Sand Weld LLC 1.1 Type of organization (corporation, partnership, etc.): Limited Liability Corporation (LLC) 2. Operation name (pit, mine or site name): Lost Creek Mine 3. Permitted acreage (new or existing site): 3.1 Change in acreage (+) 3.2 Total acreage in Permit area 4. Fees: 4.1 4.2 4.4 4.5 New Application New Quarry Application Amendment Fee Conversion to 112 operation (set by statute) Industnat Sand 5. Primary commodities) to be mined: 5.1 Incidental commoditie(s) to be mined: 1. 3. / lbs/Tons/yr 4. N/A SIC Code 1446 lbs/Tons/yr 2. / lbs/Tons/yr 5. 2,215.59 permitted acres acres 2,215.59 acres $2,696.00 $3,342.00 82,229.00 S2,696.00 application fee quarry application amendment fee conversion fee lbs/Tons/yr lbs/Tons/yr 5.2 Anticipated end use of primary commodities) to be mined: Industrial proppant sand for primary use in hydraulic fracing None 5.3 Anticipated end use of incidental commodities) to be mined: 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: Black Mountain Land Company LP 8. Type of mining operation: ✓ Surface LI Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN (check one): SECTION (write number): TOWNSHIP (write number and check direction): RANGE (write number and check direction): QUARTER SECTION (check one): QUARTER/QUARTER SECTION (check one): 6th (Colorado) La_ 10th (New Mexico) Ute 10 (approx. center) S T 03 R61 �---� NE i NV\ si IDSouth v West u Et SW SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): The site is located approx. 10.5 miles NE of Roggen, CO and ranges in elevation from -4,530' to -4.770 MSL 10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) 39° 44' 12.98" (W) 104° 59' 3.87" Latitude (N): deg 40 min 14 sec 49 00 (2 decimal places) Longitude (W): deg 104 min 12 sec 24 50 (2 decimal places) OR Example: (N) 39.73691° (W) -104.98449° Latitude (N) (5 decimal places) Longitude(W) (5 decimal places) OR Universal Tranverse Mercator (UTM) Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Datum (specify NAD27, NAD83 or WGS 84) Nad 83 Zone 13 Easting Northing 3 1 1. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Contact's Name: OwlsAxness Title: VP Operations Company Name: Black Mountain Sand Weld LLC Street/P.O. Box: 500 Main Street, Ste. 1200 P.O. Box: City: Fort Worth State: Texas Zip Code: 76102 Telephone Number: (?08 ) _ 369-6613 Fax Number: ( ) - PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Chris Axness Title: VP Operations Company Name: Black Mountain Sand Weld LLC Street/P.O. Box: 500 Main Street, Ste. 1200 P.O. Box: City: Fort Worth State: Texas Zip Code: 76102 Telephone Number: (208 _ 369-6613 Fax Number: ( ) - INSPECTION CONTACT Contact's Name: Chris Axness Title: VP Operations Company Name: Black Mountain Sand Weld LLC Street/P.O. Box: 500 Main Street, Ste. 1200 P.O. Box: City: Fort Worth State: Texas Zip Code: 76102 Telephone Number: (208 ) _ 369-6613 Fax Number: ( ) - 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: ( ) 12. Primar • future (Post -mining) land use (check one): Cro land CR j� Pastureland PL P ( ) 1J Pastureland(PL) Rangeland(RL) n Forestry(FR) _El Residential(RS) E Recreation(RC) ElDeveloped Water Resources(WR) 13. Primary present land use (check on Cropland(CR) Rangeland(RL) Residential(RS) n Pastureland(PL) Forestry(FR) Recreation(RC) Developed Water Resources(WR) la General Agriculture(GA) Wildlife Habitat(WL) Industrial/Commercial(IC) Solid Waste Disposal(WD) General Agriculture(GA) Wildlife Habitat(WL) Industrial/Commercial(IC) 14. Method of Mining: Briefly explain mining method (e.g. truck/shovel): Mining in the pits will be conducted via conventional methods, including excavators, dozers, loaders, trucks, and conveyors. 15. On Site Processing: Crushing/Screening 13.1 Briefly explain mining method (e.g. truck/shovel): Sand will be removed from the working face via excavators and transported to the plant via truck where it will be screened, washed, and dried. Sand outside saleable range (waste material) will be returned to the pits via truck and used in backfilling and reclamation activities. List any designated chemicals or acid -producing materials to be used or stored within permit area: No acid produang chemicals are anticipated to be used in the operation and the mining of the sand will not use any cherrucals. Flocculants commonly used in water treatment plants will be used in the Want to facilitate water reuse. 16. Description of Amendment or Conversion: If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s). Amending pending application - items changed include size and location of affected lands and the location of proposed facilities. Mining operations and material processing remains unchanged. 5 Maps and Exhibits: Two (2) complete, unbound application packages must be submitted. One complete application package consists of a signed application form and the set of maps and exhibits referenced below as Exhibits A -S, Addendum I, and the Geotechnical Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of reference. If separate documents are used as appendices, please reference these by name in the exhibit. With each of the two (2) signed application forms, you must submit a corresponding set of the maps and exhibits as described in the following references to Rule 6.4, 6.5, and 1.6.2(I)(b): EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT I EXHIBIT J EXHIBIT K EXHtsn. L EXHIBIT M EXHIBIT N EXHIBIT O EXHIBIT P EXHIBIT Q EXHIBIT R EXHIBIT S Rule 1.6.2(1)(b) Rule 6.5 Legal Description Index Map Pre -Mining and Mining Plan Map(s) of Affected Lands Mining Plan Reclamation Plan Reclamation Plan Map Water Information Wildlife Information Soils Information Vegetation Information Climate Information Reclamation Costs Other Permits and Licenses Source of Legal Right -To -Enter Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined Municipalities Within Two Miles Proof of Mailing of Notices to County Commissioners and Conservation District Proof of Filing with County Clerk or Recorder Permanent Man -Made Structures ADDENDUM 1 - Notice Requirements (sample enclosed) Geotechnical Stability Exhibit (any required sections) The instructions for preparing Exhibits A -S, Addendum 1, and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule I.6.2(1)(b) of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required, or would like to schedule a pre -application meeting you may contact the Office at 303-866-3567. Responsibilities as a Permittee: Upon application approval and permit issuance, this application becomes a legally binding document. Therefore, there are a number of important requirements which you, as a permittee, should fully understand. These requirements are listed below. Please read and initial each requirement, in the space provided, to acknowledge that you understand your obligations. If you do not understand these obligations then please contact this Office for a full explanation. a 1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; C� 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the application or your permit misrepresent important material facts; 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as permittee can result; 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; 5. It is your responsibility to notify the Office of any changes in your address or phone number; 6. Upon permit issuance and prior to beginning on -site mining activity, you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information (Rule 3.1.12): a. the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c. the permit number. 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance. 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Construction Material Rules and Regulations in effect at the time the permit is issued. 9. Annually, on the anniversary date of permit issuance, you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example, a permit with the anniversary date of July 1, 1995, the annual fee is for the period of July 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the permittee, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. 10. For joint venture/partnership operators: the signing representative is authorized to sign this document and a power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application. 7 NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office. Therefore, if you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document. The Office is not allowed to consider comments, unless they are written, and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process, you may contact the Office at (303) 866-3567. 8 Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. To the best of my knowledge, all significant, valuable and permanent man-made structure(s) in existence at the time this application is filed, and located within 200 feet of the proposed affected area have been identified in this application (Section 34-32.5-115(4)(e), C.R.S.). 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115(4)(1), 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 band Reclamation Act for the Extraction of Construction Materials (Section 34-32.5-120, C.R.S.) as determined through a Board finding. 4. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,C.R.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to section 34-32.5-123, C.R.S. Signed and dated this 5" \ day of jUne LVl"l . Black Mountain Sand Weld LLC Applicant/Operator or Company Name Signed: Title: ) . p. ()Frahm s State of -36-XCAS ) ss. County of t ) The foregoing instrument was acknowledged before me this 2°12 by OntaiS ��S �BRYANNAARROYO LOCKHART Notary ID #131701504 My Commission Expires August 28, 2O22 as If Corporation Attest (Seal) NO SEAL Signed: Corporate Secretary or Equivalent Town/City/County Clerk My Commission expires: CIA 25642022 - SIGNATURES MUST BE IN BLUE INK You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a Exhibit A — Legal Description The affected land boundary is shown in Exhibit D, Map D1 Mining Plan. The project is located in Township 3 North, Range 61 West of the 6' Principal Meridian, Weld County, Colorado, and includes portions or all of the following sections: Section 2: SW1/4 Section 3: All Section 10: All; EXCEPTING THEREFROM parcels of land conveyed to Morgan County Quality Water District by Quit Claim Deed recorded December 5, 1977 in Book 816 at Reception No. 1737637 and Confirmation and Ratification Deed recorded April 24, 1990 in Book 1262 at Reception No. 2211677, and Special Warranty Deed recorded July 21, 2000 at Reception No. 2781945, described as follows: A tract of land located in the West 1/2 of the Southeast 1/4 of Section 10, more particularly described as follows: Beginning at a point on the South line of said Section 10, which is 1320 feet West of the Southeast comer of said Section 10, and considering the South line to bear North 90°00'00" West; thence West along the South line of Section 10, a distance of 313.07 feet; thence North 208.71 feet; thence East 31 3.07 feet; thence South 208.71 feet along the East line of the West 1/2 of the Southeast 1/4 of Section 10 to the Point of Beginning, ALSO, a tract of land 30 feet in width, 15 feet on each side of the centerline of the pipeline as installed in Section 10, Township 3 North, Range 61 West of the 6th P.M., to be used as an access road to operate and maintain the water storage tank, situated upon the above described lands and said pipeline. Note: Mining at the southern portion of the Section 10 will be constrained by a 200' offset from the pipeline facilities owned by the Morgan County Water Quality District and shown on Exhibit D1, Mining Plan Map. In addition, mining is not planned for portions of Section 10 that are estimated to overly the Hay Gulch aquifer, the boundary of which has been previously estimated to lie along an approximate north-northwest by south-southeast bearing, from the approximate northwest corner of Section 10 (Lat. 40" 14'45.15", Long. -104° 12' 20.99"), to approximately the end of the Morgan County Water Quality District pipeline (Lat. 40° 14' 45.15'; Long. -104° 11'45.52"). Section 11: All, EXCEPT that portion thereof described in Book 1505 at Page 525. Section 14: That part of the N 1/2 described as follows: BEGINNING at the Northeast corner of said Section 14; thence West, along the North line of said Section, 5280 feet, more or less, to the Northwest corner thereof; thence South, along the West line of said Section, 2422 feet, to the centerline of U.S. Highway No. 6; thence North 65°39' East, along said highway centerline, 5138 feet; thence, along said highway centerline, on a 2° curve to the right, 556 feet to the East line of said Section; thence North, along the East line of said Section, 147 feet to the POINT OF BEGINNING, 1 EXCEPT those portions thereof described in Book 987 at Page 258, and Book 1505 at Pages 513, 517 and 525; Additionally, Black Mountain Land Company, LP is in the process of executing an exclusive perpetual easement to American Tower for the following parcels of land within their land holding in Section 14: A parcel of land within the north half of Section 14, Township 3 North, Range 61 West of the 6`h P.M., Weld County, Colorado, being more particularly described as follows: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 14; THENCE N00°29'21"W ALONG THE WEST LINE OF SAID SECTION 14, 750.13 FEET; THENCE N89°30'39"E ALONG A LINE PERPENDICULAR TO SAID WEST LINE, 205.02 FEET TO THE POINT OF BEGINNING; THENCE N01°55'08"W, 50.66 FEET; THENCE N87°46'11"E, 50.12 FEET; THENCE S02°24'28"E, 50.43 FEET; THENCE S87°30'30"W, 50.56 FEET TO THE POINT OF BEGINNING. CONTAINING A TOTAL CALCULATED AREA OF 2,544.19 SQUARE FEET OR 0.058 ACRES, MORE OR LESS; A 15 -foot wide strip of land within the north half of Section 14, Township 3 North, Range 61 West of the 6th P.M., Weld County, Colorado, lying 7.5 feet on each side of the following described centerline: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 14; THENCE N00°29'21"W ALONG THE WEST LINE OF SAID SECTION 14, 750.13 FEET; THENCE N89°30'39"E ALONG A LINE PERPENDICULAR TO SAID WEST LINE, 205.02 FEET; THENCE N01°55'08"W, 50.66 FEET; THENCE N87°46'11"E, 57.62 FEET TO THE POINT OF BEGINNING; THENCE S02°24'28"E, 27.48 FEET; THENCE N87°35'32"E, 15.00 FEET; THENCE N02°24'28"W, 25.48 FEET; THENCE N61°27'57"W, 121.49 FEET; THENCE 238.91 FEET ALONG A 220.00 FOOT RADIUS CURVE TO THE RIGHT, WHICH CHORD BEARS N30°21'20"W, 227.34 FEET; THENCE N00°45'17"E, 264.55 FEET; THENCE N05°39'18"E, 104.35 FEET; THENCE 129.33 FEET ALONG A 550.00 FOOT RADIUS CURVE TO THE LEFT, WHICH CHORD BEARS N01°04'53"W, 129.03 FEET; THENCE N07°49'04"W, 233.13 FEET; THENCE N02°42'24"W, 461.50 FEET; THENCE N01°38'15"E, 98.02 FEET; THENCE N04°40'40"E, 172.02 FEET; THENCE 82.84 FEET ALONG A 110.00 FOOT RADIUS CURVE TO THE RIGHT, WHICH CHORD BEARS N26°47'53"E, 84.94 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE FOR COUNTY ROAD 34 AND THE POINT OF TERMINUS. CONTAINING A TOTAL CALCULATED AREA OF 29,618.66 SQUARE FEET OR 0.680 ACRES, MORE OR LESS; A parcel of land within the north half of Section 14, Township 3 North, Range 61 West of the 6th P.M., Weld County, Colorado, being more particularly described as follows: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 14; THENCE N00°29'21"W ALONG THE WEST LINE OF SAID SECTION 14, 750.13 FEET; THENCE N89°30'39"E ALONG A LINE PERPENDICULAR TO SAID WEST LINE, 205.02 FEET; THENCE NO1°55'08"W, 50.66 FEET TO THE POINT OF BEGINNING; THENCE N02°13'49"W, 6.00 FEET; THENCE N87°46'11"E, 44.61 FEET; THENCE $61°27'57"E, 6.41 FEET; THENCE S02°24'28"E, 2.72 FEET; THENCE S87°46'11"W, 50.12 FEET TO THE POINT OF BEGINNING. CONTAINING A TOTAL CALCULATED AREA OF 291.67 SQUARE FEET OR 0.007 ACRES, MORE OR LESS. REVISED Note: This execution of this easement is expected before June 30, 2019. These lands have been excluded from the affected lands boundary. The parcels included in above description equal permit boundary acreage of 2,215.59 acres. Actual affected lands acreage is only approximately 1,796 acres that will be disturbed due to lands withheld from mining activities as described in Section 10's legal description and for planned buffer areas around the permit boundary. The main entrance to the mine is located at approximately 40° 14' 49.00" N and 104° 12' 24.50" W, directly off Weld County Road (WCR) 91, within NE % NE % of Section 10. WCR 91 is accessed from outside the project boundary either from Hwy 34/WCR 42 to the north or Hwy 6/1-76 to the south. Approximately 2.09 miles of WCR 91 is located adjacent to the project boundary. WCR 91 and its right- of-way are located more than 200 feet outside the affected lands boundary and will not be disturbed. Hwy 6/1-76 and its right-of-way are located more than 300 feet outside the affected lands boundary and will not be disturbed by this project. Please see Section 6.4.4(e) of Exhibit D and Exhibit S Permanent Man -Made Structures for details on the location of planned mining pits adjacent to all permanent man- made structures adjacent to and within the project boundary. Mining and production activities are proposed within the affected lands boundary that creates an undeveloped minimum 200 -foot buffer zone around the interior perimeter of the property boundary. 1 r. M1 i at •'. A • fr lse ".-4'.- , .,,,,1I g "r.•. . AS 7 s R REV MILLCREEK rtENGINEERING Y ktC• t . �. l."" 1011 E 1•Irtq NohOq Tb SdN 200 Sal Labs C•Y. U164117 4tpont (1011 SM-7760 fa (6611901-2261 11WF 1160FMCp [On • 61M•M1t Al BLACK MOUNTAIN SAND LOST CREEK MINE wici r,S'.ONT Y: - w e� n IA0 CUINNT a 6016IMa• 1ON CONTRIVE* US R NDRNS I rN/IpY MUM •TAY MC HAS NO SO NO MROF COXwe ~Jai SUII 1/W ALL OHBI RENIAI•W CUIC11P lF IC ORS* II I EP ETNN MO III101! •OOPU01 01LLIOIMt RIONONO MVOM me Data. (IMWIW W1! IMO CRY a AmQRIIOIII SOW III 06011 FNI001 FTOOL III WMEOHO OU1fAri(ria•NF(191 MAC CROWS ICI%MgINI KM Mt mom gTIgN'CA1r NOTE M knocArca rp1 J11 Orlec 0 A'1.1 Vu0SD DEACININ OCIPMYL LEGEND; OUN VERSO BOARV 7trECTEA LAND 000NOAR•TYUALT MORGIN COUNOTT WATER CiSTRICT PIPEUNE US BASE CS OUAD IMP: M os //writes orcwww geawn/McOVIN I••(• CTV Mtwv OSA_ loOP_l/IICPSr•r DATUM NAD63 R COLORADO SIATE AM SCAB (ET) 0 3000 MN MI MI CONTOUR INTERVAL t0 it 6000 'meats APPFKA* 1 MAINS- E70.6'7 & INDEX WW REVIEINED� SCAM P rta DATE: 11 FEBRUARY 2019 D • IVW TB REVIEWED- KC ENGINEERED SHEET • 18152 FInUECT 6 16152 REV A Exhibit C: Pre -Mining Maps 1 a - /1^�` [BARNv r r ��v�N�� FERN ///jjj K �e� KINGSBURY FAML�UIP 19704 COWIN NOW e7 '. US MGIWAYOIOUGLAS ITT DOUGLAS K eT7 . NO AS K 34 � LS NOWAY 31 ORCHARD, CO'. _��- 4810e US MINKAY 34 � ORCHARD. oPcHwln, CO '_ _' N(HINIA*, AFF[CttD w+n eot,NwR. ORCIMRD. CO ORCHARD. CO _ t : • i �� . -„ �,. PARCEL BOUNDARY APPROXIMATE AFFECTED IANO vSGS OLIA0 IMP NIL04:/ w+cw.araywnww.aom/AnG6/.wVwrvr..... u5A._ta0'aj1aV4/VaiD5nrw DATUM 14ADeJ COLORADO PARCEL AND PROPERTY OWNERS. my. Ha« co awl co u4/maP4/P1OW.TYPo•taf! - 1,/90 Ac STATE PLANE N z= _S 110 I.,.� ��...>r.��.� . , at is r ♦+ I ` 1 • a WWI USA iKCREAIION RWPM CCAFitlION S♦BASE �` \ I © �A` , BAIU1[TT OOtMAA9 K tLG (46 MO114MY 3< UM0 vou000, COElD 5T , b LANK WAY 01100,P0, CO ,uRiM008'LAID100D. CO LLC b TANK 19111' WtLWO0D, CO j \ AfRCtED .ANDS 803NDARY \ \\ 1 L �- \\i ( `1 it, IC .. O - `/�} .. o L ` \ • o UWE ^ , ° //�� EMPIRE woman ! IRRIGATION CO " C. . LLC !0 0 UNION S1 \ � r LAKEWOOD, CO �. � IAN. CO � c � y 4 i --� SICK IN ST ST W/O COMPANY LP 800 MAIN ST STE 1100 �_,_.---;;:i\--#.\\ - ♦ ��v \ O .- *I'- s s O FORE WORTH. TX Ww .- • .f 4 • jigs air seBr a �11a1asa Y ► ._naallalla , �\ > / r. y fig • �. / R ELPRE. LAKE tkatisc CLUB LLC 300U teat* SI Ites‘ 1AKEM000. CO E , 1 1-1 Y ; : -) �' O '-x777 N 5 Stilt 51. STE 300 , - •• i R DENVER CO gi v CO 8 HOW Ina MATING I •� I CLOP tit Sl .1000 ;: . Q / r♦ v ' [ •;� \ �i 0 tAKt:,.... co N } {///1 low `` `\ 1H-...„ •■ff E 1 � 1� r, � ♦ 1�� N,� 4. c ��' lb \! CZ% I eanNG , O ' t 7tAKC 1 two � 'Y • 4h Q \ d O 1, 3 DOD AKlIII00. UNION:1 Mai ZI fit3 ill I 1 V ;Sr" mart FORT WdLOI tAND CMAP" LP ttE 120D - r �• r. \� -\\ O 1 • I Q 0 p' ` 0 0 r------\NC3` Cl\ke 43 1• j 1 I � 1�t!`\per Cus.4040 (1111 XMAS STALE of N SHENNAN 5T SIC CD `t� 71%1 LM174SE.W.*M�µ. OUtt VIfERVAI 10 FY ; .!��e♦0 OY9E�-1! •_ A 1 Y el/9.'K MOUNTAIN IANU �\ Ct1MH•AM LP =MGM1 MOM' • Af 4',1 PO e0M 1710 rik PIP W1 pUM)TY WAtE11 WW1 r r r % AWN ST M 1700 fOKI WORTH, T■�. I \\.:%1/47... ' • � � � v / ,. - vv I , J�� lf\ ' • • fNaa/ 1�A�• .•�I � �• © TOCAY FAN4 r u9RED PARTNERSHIP LLLP 1 C0.0RADO STATE Of I .. BLACK 'AOtNIA& LAND awns, LP 500 VAIN ST STE 1700 FORT WORTH, iX ♦ ♦ COUWADO STATE 1177 N SHERWIN Of ST StE 300 ' 43781 ORCtt4RD. COUNTY ROAD 47 I! CO es:"NvER 1177 N SHERMAN ST STE 700 CO v � _. J DGNER CO KINCSININTMFN10.Y��7�`jplYr:.II), '♦ � ;is\ �/,[/ttI• Iii/ ic11 MN toms MAN) U.C r224 Y1019Y1E. CO 1 `,'• , 1 / W► V 19704 ` ORCHARD, PN _ �\�• KRABRtRh' FAYILV RAND• uL1• 19 ROW S COUNTY ROAD B/ CO `YSR` 1 i ll 1 ` / 1 1 '� \ � � � - L 01110WW, CO � l S. IL E L ♦ it ``````1�� REV DESCRIPTION DATE APRVO 101111=W HOS= Ne A M 1 L L E R E E K wino SO sie Cb. in em 11 rtENGINEERING F at ,t°°1;� 1?°° �,� � Tam ^0 BLACK MOUNTAIN SAND LOST CREEK MINE 1 I.i . r. YYt : n i si.. ^I 11 .orolw..oROWIRC•taus itM in= BRICISSIM INAmdM1QNOOKIML R�RMA�WUOMIAl art vs AuuHf1faaa aousti RR0so.1 move ll a11a1aem rwY0lfldllit imigagitsweis a etWWR �lM�a l a1 t1 Y09t_IrKoI tl YtfaOAlaOfRMWROR/A woo Masa s, owl no Dun e:ai WI 029.4 9911TAMuCN 000EION/a1L A7'�'M' 010.4 M W.� CAIIf O04[FK110 40tFMP smut EOM CI: AW0003StlrCEMITERS CsWS AGSM_ E t ' -Ar 820.81•1781189090 iMt DOIMrt tOl9 30 WOW OAT 14Forst2DI9 PROJECT f: 101St - 44 WVIe*1440WWIndAt1� -- - 26A»mw CRAM TO I@ SKS 0 PO: REVIEWED KC 7lEVEWEE>: 16152 A LEGEND: 3 V MORGAN WATER DISTRICTYPIPELINE f r BUCK MOUNTAIN LAND COMPANY LP PERMIT' A/037 CONOCO-PHILLIPS COMAPNY API: 05-123-05129 MORGAN COUNTY DUALITY WATER DISTRICT PERMIT r 779997 BLACK MOUNTAIN (AND COMPANY LP PERMIT: 28682 EMPIRE RESERVOIR PERMIT BOUNDARY AFFECTED LANDS BOUNDARY LECLAIR-WESTWOOD INC API: 05-123-09530 r KANSAAS- NATUFAL COLORADO INTERSTATE-� GAS CO MOUNTAIN TOWER AND LAND REV DESCRIPTION DATE APRVD Al howl, at tdlldad 0010 Omits Lp01110 s AI Moor Sohn* vow ea card mates addict M911010 Y1130aq' Ian* Sub KS SIAM 20)9 )o WY 2019 23 Ain 2019 • = I LLCREEK ivirrNNGIEERING 101'. E Mule 40102" Rp sIm 200 Sal ter Cq, lft 8111) Phone (801)901-4260 F1A 160,190/-7711 'aWassursrn* C EBRASKA GAS CO ORNNUSKER S/ MOTO Ca( -HEX BLACK MOUNTAIN SAND LOST CREEK MINE wt. U 1xAJW1. W SKI.I OIL CORPOR4TI API: 123-08651 MGF OIL CORPORATION API: 05-123-05125 RO44 6f,, (p1S\C) H 1S00 r 0-1 Ikop. 6o'3 N r 200.0 FT OFFSET 4 - SCALE (FT) 660 Stu COWTOUIt aNTERNL 10 fY n r •.%1C1 P.I•I• ILA OOSNUP 161 MARY WIR OONIAIGIp ut.lta COMM A IptIGOst IIfO1rR SUMP MU W WFA IWO MO IVICD R V7000 70 RI'M APPEAR( {Tin UW ALL XIIM MOYMi[N CAPCA0 lW MI JMRRG R PDMISIR• MID N tOLa M IATT Cr iRLlalF waAWWo0.11 o MIuvR7 WONGWTIlMtL tKI aT AVnORATOI M 1aLLORI, Iti flat R PAM OM R 5(PML WI CI W AD OA CIRE/TTO 1-M MC OTC Mar OiMAMOR WOO PAUI341;OA WWI A.^}IATN:. 01101%nr YPWR:A-O'CO +AA'40e 0141 T 1lA _wn 411915'04 CGA/N1' EXISTING CONTOt1R5 PERMIT 90U'MART AITIGTEO LAND BOONOARY _ _ _ UNDERGROUND WATER PIP(0NE HATER HOW 1-70 RIGHT Of WAY (50 n•) CR91 RO0 OF WAY (50 pre) • - PER STIR. O INL ROW W ATER WELL LOCATION GAS AND OIL WELL LOCATION CONRUNMATION RAWER LOCATION APPR0O ATE AFFECTED LAND 1.796 AC TOTAL AREA TO BE MINED: 1.664 AC 00191 NAD63 COLORADO SIAN KAM WATER AND Olt. AND GAY WEDS Alto,//r• • co.ella <0 W •11401/ptoolrtvpottov iRAWIPURTATION LINIYtDR1l WP,//ronyttp-ct one ocr4vONI• p/0otorman1oq.a/ Itan/SAap1/TRAN_Colotaoo _5101. _ Show. SAD AlrhFF.II 3 4f4'H1vA.. STATUS EVII01 C2: PRE -INNING MAP DATE: It FEETWAR, 2019 Clint M REVIEWED ENO E99a SET 9: PR EM A 19194 18152 A 1 1 1 R T EMPIRE RESERVOIR rn a U PERMIT BOUNDARY AFFECTED LANDS BOUNDARY 16 RO'N sot H'µ4 6I JS O 1300 so`'' o JNo�Rtl REV DESCRIPTION DATE APRVD " katwonom I•dSonatlwloam MKS IS 01161' WaMIR b btu* RS SWOON ' 25 Jw 20I. r= M I LLCREEK vt,ENGINEERING 1011 F Myra NOM* IC Sea 900 S•• ul• Cp. LIT ICU U PM1R WM 904-2200 Fu IGO 901.2261 AYI' inMol•4l4y s1^ BLACK MOUNTAIN SAND LOST CREEK MINE YIELD COUNTY, CO no one M TR01 WOr/POICOM ISIMON UEIr R COOTS A 110MIOIM1 TIMMINIUMP 11M11IM WM WIIID Ole MAmlitivEnMNwA7SlMNtat ALLS•IORIMIOInPSTliD41IIr CW IR NOM•TMM MOM OW 1lOBITT DI MUMMA MIt1IIMM IORPNN M ICIMM MOWS WOO MP DST IT ADOWIQT PTIRI RMIl MIMat NM6CA N TOTAL WT M71 if MT CO OnIrOM MP AO MVO MariOW". CM M'MNI 1011110 Oat NINWTCAMI OU M 41PIOOATM NGull amen iI00TIMLams6iol®MCarm LEGEND AND LAND USE CATEGOfin LUSTING CONTOuRS PERMIT BOUNDARY AFFECTED LAND DOUNDARY ROAD WATER BOW TAASSLAND/NERBACEOUS DEVELOPED/OPEN SPACE i SNRUB/'.CRUN VEGETATION AREAS CATEGORY DESCRIPTIONS MAI OPED/OPEN SPACE GRASSLAND/ HERBACEOUS UMUB/kA11B TOTAL ATTECTED ACRES 3' 20 1,740 46 11 33 t 706.00 PERCENTAGE 913 0741 0 63 100 LfMy1aM aft MOO s pslVClTMpe If A bias 10 IOaMRI COS WOW Mall Meta w Orr nina Mak 010,019 WOO BO M MOIC100a1 ROA 10C(1W1Ar C:OMr • IOrRfM CtMPS a1AlORP• arnlA IMAPOO OO COWL •N60•'M WO. OCC• Oa MOKPO (AMIOIAGY. NOS 1•0BOO MOO A•CMICOI. •O Oaf nrrO ra alt SI POP Al 11• t0 OP= Cis AO m l• NOO•P PST NO ILININ O Rtaule. Mon MR •withal NO a WNW_ _ OPSO MIMaaM Ill! RION r OarMRM w 10.11040 Oita ✓ Oa a IWO Oft eta AIIKOWO r•ob SW AS •OIMA ~Pula aylOOs O nellot IIINIUMA flit OJOS wCN1CW NOWw/• cast ACM SOWN* (MUM Cala NMC Noll NOR finials IMMO RMOVI.O •I1ar MOPOONO NOM NO IrPOIAIM GMr01OUS 11.1 It POMO WS eu OM . WM ovR• a Hs111os• COM+c nue a1I.11 CONI PIO WOO OA*A NITNRO r••• w art -OOP VIOLS ION N PObr Minot eta Ir,M IMPS I1Ia111M. IWO GOOK (MOW IMMO. OUPOSCOV ip1110P0s. oaf Was tam opsuffloOtO VICO Om Of 1•• 1INNMM6. Milan NO SSW .s 0.014701‘ AllmO M OR IXPONIN[t WD la. =hat DATA SOURCE- USCS NATKO4AL lANO CORER DATASET. 2011 BASE WP. USGS/TNE NATIONAL MAN'. 2016 DATUM NACOS COLORADO STATE MANE TRANSPORTATION UNEMORK NP //AMID <1 ul0•. y0r/.O PPOOIDotorb/SUpN1/ TYonnhop•/IRAN_ CafdoOa_5101•_SMp•.tq Twerp 6rn•u •Ju/NMOCIWaM/ 10664. OataDON_r•port pdf SCALE 1FT1 0 660 1320 MN IN ill CONTOUR INTERVAL N/A TC04Ef R7 APPROVAL STATUS BMX C3 VEGETATION UN) DATE 14 FERRUARY 2019 TO ENGSTETTIEV :I EWED: SCALE 1.•WY PROJECT c ISIS; SIRE • 18152 REV USLEND; ENSTMG CONtOVRei • .: pil'r WA11 k I' Mt' EMPIRE RESERVOIR -, LARAMIE-FOX HILLS AQUIFER LIMITS PIERINI BOLINDARF AFFECTED LAND POUND.OY - ROAD NAT& BOOM NAY GULCH CURER BOUNDARr C/1C/!L!/a LARA"'E sox HILLS QUEER WRAF NADS3 COLDRADO STATE RAIL MLA 100 -YEAR ;1000 PLAN[: NDoosibm. nkl.w.M/InoP./Drawl yPocla/ TIWNWORTATION UNOCAL OP://nlaR iP•RtlaO ORY/KMM'MY/DOIONb/AapW/ Tron/ShOWTNW_CalaaOo-Stot._Shap sip MY U5C5 QUAD WP. M W lhanknorweamen.CMn/MCCM/reat/MMM•/ USA_FROA_ /or•OAAR5xwl `.t�..�� `, • PERMIT BOUNDARY ' 'LARAMIE-FOX "dam HILLS AQUIFER, - -Th. T.• EXTENTS I irr/`��•'''�� r' /. i ,f�%r A j/ '• .,/ `%� AFFECTED • • . .` .• . . • • • • • • •. • • • • • • • • 1 1 1 IA LANDS BOUNDARY EPHEMERAL POND N seAe an 0 660 1320 I >r _tt'-.tom 1 CONTOUR 1NTEMK IO 11 fI14NEH+S APPRQYN, �Y 7 .� ` A ie t `•. „ } � , '-.- A 1 n - it 1 • � 11 t1 1 1 tl ..N.01% ccel a Y1 0O 0 6 I V pJtS�O� Ott `t ��°°i^�: , REV DESCRIPTION E The =W 1 MPSIMI IORPOr onvit UAW rt �IMI)A naN�itak Dee SWOP NI' NYWpl STATUS mien fl' WATER mamas ecxF: I' • esn A, "°""' A'16 AnOcvd tam °°"titles wail As/. S0K MS ?OD 1 PI 1 E %Pp MOB * RP —' WAD AIG CA'fo IN ACC0MO ■AI ifftrat MI W WE; u�snwR'eoTe PRD•ITCte ulst k Ar r11taTnaCray,AanedtOfacerti a 2SAAle2019 La Sta•K° M I L L C R E E K SA SO CM. I1 BLACK MOUNTAIN SAND 4kl N171YAt•OWllwuT+wa'IMI)MnIRA nlptlTNn rwt no OR/ noAtrtr OF tA11ClU. Ut NW LOST CREEK MINE M Pll tMnlnl4t DiNWIt TO Blfllfe�� SHEET it: ItY. I Fran-Ie011A01-2280 E N G I N E E R I N G '44 left1904224i wtnwnawtlPtnituweclNlalaa.Nwncn MPSYA1lM100. OMNI 1pt■UP711 AM* Mo - Rln millu ten;:or^ MID QTY, CO .ter II PKO SCCOP oarRiano RCan Poi st!OU it1AE�YFD 18152 A _ NA%A Alt:ONTAlA TA I'+APRA2Anadw. CCP1104OI IIPiai %COPa (�.I • b'1 n r lOtt! IMMEf1P4 WMNn DESCRIPTION Al PRoar0 646 dbCM6lin0 WASS Sabel MSS Ind tor* RAN lo Mae Rod M I RCREEK ENGINEERING 1011E Mum n9116t► Rd SUIT KO 549 LAY CIE, U1 M1 U kale (9011904 MO R (601:904-2261 les rasoloAn9 car BLACK MOUNTAIN SAND LOST CREEK MINE WELD COUNTY- a: EMPIRE RESERVOIR ill M • %IPIIATo% R/060�R6 ORWA0.111111111011 44 R��A146O10 ra, sue 410106!41 10/0Ao0920111RNa uF�0wo 1vo 4E .tballillasitamircasimmaraw tie 6 r �NTIZZ.M61aa1 Ca 61164110 .OIM114vow 66t4) � OURIA14471llillU 66L TIR 5IMLIIWa M Tomt 4cr 40 AID JA IAITCARG Tom MOM mar a 1INOKhA tangle rol 1100(40 knlitealr Tenn•M mown, fai4 LEGENGLAJSpA SOIL CLASSIFICATION: PERMIT ROOM:w PI AFFECTED LAND BOVIDAMt SOIL MAP UNIT 49 (SEE NOTE I) SOIL MAP uNR 69 (SEE 1101E 2) `Al, MAP UWi 10 (SEE NOTE 31 RATER NOTES: I OSOOW SAND. U tU 3 PERLIN! SLOPE cowmen.' c. PR4tARnr OF Falk% sues. IYPKALLT to TO 60 PI(>ES D[[➢ Ah0 SUPPORTING FARMLAND Of STATTtl4N tMPO4TAACE 2 VAL ENT SAID, 0 TO 3 PERCENT SLOPES. COMPRISTt PI6MARNr OF NONCALCAAEOVS EOLIAN SANDS, TYPICALLY UP TO 00 INCHES DEEP AND S11PPORtut. TARMLAND OI LOCK RAPORTAWA I MUNI SAN). 3 TO 9 PEtcF.IO SLOPES COIIPIINTI Mammy' y' LI NONIAA rA1tEOU5 LULIAN SANDS TYPICALLY UP TO 60 INCHES DEEP Me IAQT SUPPORIM Of PRWE FARMLAND DATA SOURCE NtCS CUSTOM SOIL RESOURCE REPORT FOR WELD COUNTY COLORADO, SOUTHER% PART, LOSI CITED( MINE. FEBRUARY 6, 2019 DATUM NAD63 COLORADO STATE PLANE 'IVNL'ONIAIMIN IALINONII AtP://rVCAYFIp Ft uArYA.OPrbOorvor)/Dot9AAtA/SIoa0i Tlonnnoq/TRAN_ CobroOo_Sleu_ Stipp* tµ+ +N WALL (F» 0 660 t320 WI CONTOUR 94TEWAI N/A fR9 APPROfA PARS" EXIST CS 900.5 MAP DATE 16 FEBRUARY 20I0 18152 SCALE 1' • 666• PRUIECT I 16152 REVISED Exhibit D: Mining Plan Black Mountain Sand Weld LLC (Black Mountain) plans to construct and operate Lost Creek Mine, a 2.4 million ton per year (Mtpy) industrial proppant sand production facility in Weld County, Colorado. It will consist of an open pit mining operation, sand wash processing plant and associated loadout facility located on 2,215.59 acres of private land. This includes approximately 1,796 acres of affected land for mining activities, processing facilities, and the access road. Lost Creek Mine will be accessed using Weld County Road (WCR) 91, which runs north- south along the west side of the project area. The onsite facilities, approximately 45 acres, will include a wash processing plant, fueling station and ready line, office and maintenance/warehouse buildings, and a loadout facility. Utilities, including gas, water, and electric, will be brought to the area. The permit boundary has been offset at least 200 feet from the affected lands boundary, the plant facilities, and WCR 91, ensuring a buffer area between the active project area and neighboring lands. This buffer area will consist of undisturbed land covered in natural vegetation. The Lost Creek Mine will produce industrial proppant sands over approximately a 35 -year period. All mined material will report to the sand wash processing plant for separation and beneficiation. Product will be stored in silos for loading and transport. The facility will employ approximately 145 personnel in 3 shifts, which include approximately 65 hourly and/or salaried personnel at the mine and approximately SO hourly and/or salaried personnel for the sand wash processing plant. Operations will be conducted using appropriate Best Management Practices (BMPs) for storm water control, ground water protection, and fugitive dust mitigation. Mine Plan Requirements Included below is the mine plan information, as required in Section 6.4.4 of the Colorado Mined Land Reclamation Act. 6.4.4(a) Methods of Mining —Exhibit D1, Mining Plan Map shows the estimated size and location of each mining block (1 -year mining period) within the 1" 10 -year period. Mining of one yearly block at a time is planned, with concurrent reclamation as practicable. It is estimated each highwall will take approximately 3 years to regrade and reclaim. To develop a pit, topsoil (approximate average 2' depth over the life -of -mine) will be stockpiled onsite to be used during reclamation or spread directly as practicable. An initial topsoil stockpile will be developed adjacent to the affected area perimeters in order to minimize disturbance. It will be constructed with a slope of 5:1 (H:V) and seeded for erosion control. The proposed seed mix is the Weld County Sandy Site Mix, as shown in Exhibit E. Runoff will be controlled with BMPs. The conceptual location of the topsoil stockpile(s) in year 5 are shown on Exhibit D1, Mining Plan Map. After salvaging topsoil, all sand reserves will be excavated and transported to the sand wash processing plant. During the first several years of the operation, material will be hauled by 40 -ton mining trucks to the sand wash processing plant; in later years the material may be piped to the plant in a slurry in a closed loop system. If a slurry pipeline is used, a technical amendment of the existing mine permit will be completed prior to beginning construction on the pipeline. An approximately 250 foot by 200 foot by 20 -foot plant feed stockpile containing material trucked from the mine will be maintained at the sand wash processing plant throughout operations. The plant feed stockpile will hold approximately 45,000 tons of material and will be constructed so the slopes match the natural angle of repose for stability. See Figure D3 for location of this plant feed stockpile. Stockpiled material will be loaded on conveyors to be washed and sorted at the sand wash processing plant. The sand wash processing plant will separate saleable product from backfill material during processing. Backfill material (unsuitable for sale based on size requirements) will be stockpiled as needed at the sand wash processing plant or directly used as pit backfill for site reclamation. The backfill stockpile will not exceed 140- foot diameter by 49 -foot -high and will be constructed so the slopes match the natural angle of repose for stability. At the maximum size, the backfill stockpile will hold approximately 10,000 tons of material. The backfill stockpile will contain residual moisture of at least 10%. The location of the backfill stockpile is shown on Figure D3, Site Plan. It is anticipated that a larger out -of -pit backfill stockpile will be required in the initial operation years until the mining pit has been sufficiently developed to allow direct backfill operations to begin as part of regrading and reclamation. The location of this larger backfill stockpile is shown on Exhibit D1, Mining Plan Map. This larger backfill stockpile will be covered with topsoil and seeded to prevent erosion and reduce fugitive dust emissions at the site until it can be used for backfilling operations. The proposed seed mix is shown in Exhibit E. It is estimated that by approximately year 2, regrading operations will begin. For the majority of the life of the mine, operations will be conducted with concurrent backfilling and reclamation. The majority of the processing will be in an enclosed facility. An initial wet screening will remove large material that will be transported to the backfill stockpile or backfilled directly into the pit. This material will be damp, with no free draining water. Raw plant feed will continue through size separation steps. Inert surfactants will be used in the process to assist in separating clay materials and feldspar from the industrial proppant sands. Clay and feldspar removed from the material will be dewatered using filtration equipment, and the damp material will be handled with the oversize material. Product will be dried and stored in silos for loading. It is anticipated that only approximately 40-50% of the raw sand material removed during mining operations will be sold as product. 50-60% of the total volume (overburden, large rocks and boulders, and over/undersized material) will be returned to the site and used as backfill in the regrading and reclamation activities. 6.4.4(b) Earthmoving - Material will be excavated from the pit using excavators, dozers and front-end loaders. No blasting is expected to be required. Once loaded, trucks will be used to transport all raw plant feed to a raw plant feed stockpile at the processing plant. In later years, a closed loop slurry pipeline may be used. If a slurry pipeline is used, a technical amendment of the mine permit will be completed prior to beginning construction on the pipeline. It is estimated that on average approximately 4 mining trucks will be required in years 1-10, increasing to approximately 7 mining trucks after year 10. Please see Table D1 for haul length data and the estimated number of truck trips per day. Table D1: Equipment Details Yrs. 1-10 Yrs. 11-35 Avg. Haul Length (miles) 1.6 2.0 Max. Haul Length (miles) 2.0 2.5 Est. Round Trips/day 349 349 As part of the truck hauling operations, numerous temporary haul roads will be built between the active pit and the facility. These temporary haul roads will allow trucks to transport raw plant feed to the processing plant. Haul roads will be graded and watered to suppress dust. Other temporary haul roads may be needed to allow access to the reclamation areas for deposition of backfill materials to be used in the regrading and reclamation of previous mining operations. These temporary haul roads will be reclaimed as part of the final reclamation process throughout the site. 6.4.4(c) Water Diversions & Impoundments - A temporary sediment basin and associated diversions will be built during the construction phase to collect runoff from storm events that occur during the construction of the site facilities. Water will infiltrate and evaporate or be pumped out and discharged to the nearby undisturbed buffer areas around the edge of the processing facility. This temporary sediment basin may be converted into a permanent non -discharging stormwater retention pond that will gather stormwater runoff 2 water received at the facility, if required. A typical cross section of a sediment basin is provided in Figure D1. See Figure D3, Site Plan, for a general location of the temporary sediment basin. Berms will be constructed around the fueling station, above ground fuel storage tank secondary containment, and ready line (truck staging area) to direct runoff away from the area. Any stormwater runoff that falls directly in the fueling station and ready line area will be directed to a small settling pond that will allow the water to be inspected for potential hydrocarbons and treated and then discharged to nearby undisturbed buffer areas. All water temporarily captured by this small settling pond will be released back into the system within 72 hours. Figure D2 shows a typical cross section of the settling ponds. Please see Figure D3, Site Plan, for a general location of the settling pond at the fueling station. Dewatering of the pits is not expected to be needed as mining will occur only above the water table. Berms at the top of the active mining areas will be used to direct stormwater runoff away from the active pit. Small settling ponds will be used to temporarily hold any stormwater runoff that gathers in the pit area. Stormwater will be removed through small pit sumps using a pump system that will be designed for the site. Settling ponds will be placed near the active mining operations as necessary throughout the life of the mine and will be reclaimed as part of the ongoing reclamation process as they are no longer needed. These settling ponds will be located far enough from the pit to ensure pit stability. Water pumped from the pits will be inspected for potential hydrocarbons and, if necessary, treated, and then water will be allowed to infiltrate or will be discharged to nearby undisturbed buffer areas. See Exhibit D1, Mining Plan Map, for a few conceptual locations of the settling ponds as mining operations progress. Figure D2 shows a typical cross section of the settling ponds Table D2 shows the estimated size and volume of the proposed temporary sediment basin and settling ponds. Pond size has been calculated using the rational method and the 100-yr, 1 -hr storm and 10-yr, 1 -hr storm numbers provided by NOAA's Precipitation Frequency Data Server, as required by Weld County regulations for drainage and grading calculations for non -urbanized areas. Three conceptual settling ponds were sized and calculations have been provided for mining operation years 1-11. The pond sizes are based on the maximum number of acres that would be disturbed at any one time and does not take into account concurrent reclamation. Actual settling pond size may vary and will be based on on -site needs for ongoing operations. All ponds have been designed with side slopes of 3:1 (H:V). Table D2: Stormwater Pond Sizing Calculations Stormwater Pond Name Area of Runoff (Acres) Pond Volume (Acre -ft) Depth (ft) Freeboard (ft) Temporary Sediment Basin for Facility Construction 109.39 4.85 8 3 Settling Pond at Fueling Station 3.42 0.15 5 5 Settling Pond at Operations, Years 1-3 87.89 3.90 8 5 Settling Pond at Operations, Years 4-6 70.15 3.11 8 5 Settling Pond at Operations, Years 7-11 112.04 4.97 8 5 All stormwater ponds will be built and maintained to meet Colorado Department of Public Health and Environment's (CDPHE) regulations. Black Mountain will obtain a General Permit for Stormwater Discharges Associated with Sand and Gravel Mining and Processing, as needed, prior to any discharges. 3 Figure D1: Typical Cross Section of Temporary Sediment Basin for Facilities Construction Figure D2: Typical Cross Sections of the Settling Ponds Slopes: 3 1 Prxrl Finttcr 25' Water Sutteoe: 55' Plan View Section View Freeboard: 3' FACILITIES Pend Bottum: 126' Slopes: 3:1 Wafer Surface: 174' Plan View Section View YEARS 1 - 3 Froteopard 5' r Slopes: 3:1 xu1 Bettern: 111' Water Surface: 159' Plan View Section View YEARS 4 - 6 Ft ooboard: 5' Pond Seem: 14t Slopes: 3.1 ti f War SuelMo Set Plan View Section View YEARS 7-11 Freeboard: 5' 5 Two lined ponds will support the processing facilities. One will contain process water from the sand wash processing plant and will be recycled to feed the process water tank. The second pond will be used for temporary storage of slurry from the sand wash processing plant, as necessary. The ponds will be located adjacent to each other, lined with HDPE liners, and will be constructed at grade. Both ponds will be approximately 0.5 acres in area, with a depth of no more than 10 feet. They will be capable of handling approximately 1.6 million gallons each. Safety berms will surround each pond. Construction and operations will be conducted with a Spill Prevention Control & Countermeasure (SPCC) Plan as well as Storm Water Pollution Prevention Plan (SWPPP). Please refer to Exhibit G for more water information. 6.4.4. (d) Size of Area - The processing facility (approximately 45 acres) will be in use the entire life of the operation. As shown on Map D1, Mining Plan Map, the mining area has been outlined to show the approximate yearly mining blocks for the first 10 years and the sequence of additional 10 -year mining blocks over the mine's 35 -year life. Each yearly block will be mined sequentially, with concurrent backfilling as operations progress. As a pit backfill is completed, it will be regraded and reclaimed in accordance with reclamation plans. At any given time, only one block will be actively mined. It is estimated each highwall will take approximately 3 years to regrade and reclaim. With the concurrent reclamation, it is not anticipated that the entire area of any block would be disturbed at any given time, since backfilling will occur simultaneously with active mining area of the pit. 6.4.4. (e) Approximate Timetable - For the purposes of discussion, this section is divided into 3 phases - construction, operations, and reclamation. Construction The construction stage will include the installation of all sand wash processing plant facilities, facility road installation and existing road upgrades, and installation of all utilities necessary for sand wash processing plant operations. See Figure D3, Site Plan, for details. This stage will also include the construction of the temporary sediment basin to be used for construction stormwater management. The construction stage is estimated to take approximately 8-12 months to complete. A Construction Stormwater General Permit will be obtained from CDPHE and a Stormwater Management Plan and associated Erosion Control Map will be prepared for the construction areas. Appropriate erosion control BMPs will be installed at each area of the project where construction activities will occur prior to any land disturbing activities and will be maintained throughout the construction stage. Once construction activities are complete and all impervious surface areas are installed, temporary BMPs will be removed. No landscaping is currently planned. All stormwater runoff will be directed to the onsite temporary sediment basin; the facility will not be connected to an external sewer drain system. Facilities The processing facility area is approximately 45 acres and access will be located off WCR 91 at approximately 40° 14' 49.00" N and 104° 12' 24.50" W. It will include approximately 2,800 linear feet (3.0 acres) of paved road and 1.3 acres of impervious surface for parking areas. The remainder of the facility will be used for constructed buildings and associated facilities or left as native vegetation buffer areas. The mine pits have been designed more than 200 feet from the edge of the facilities area boundary (buffer areas). This facilities buffer area will consist of undisturbed native vegetation areas that stormwater runoff will be directed to and/or discharged to from the settling pond, as needed. The sand wash processing plant will consist of a plant feed stockpile, scrubbing, cyclonic separation, product dewatering, fines thickener, fines dewatering, a process water storage tank, process water pond, slurry pond, 6 belt conveyors, wet sand storage building, belt tripper, scrapper reclaimers, dual fluid bed dryers, dry screening, six 3,000 -ton storage silos for final product storage and a backfill stockpile. Additionally, there will be a paved 3 -lane truck loadout area, office building & parking lot, a maintenance and warehouse building, a fueling station and ready line, check -in booths, and truck hatch opening and closing stations included at the facility. The fueling station will contain 1- 50,000 -gallon fuel tank during the early life -of -mine operations and a maximum of 3 -50,000 -gallon fuel tanks during later life -of -mine operations. This fuel will be used for all mobile mine equipment, including mine haul trucks and road watering trucks. See Figure D3, Site Plan, for details. Utilities Utilities, including gas, water, and electric, will be brought to the project area. Gas will be brought from a new line tie in with an existing Kinder Morgan line located approximately -17 miles west of the project area. Electrical power will be brought to the site from a local supplier. All appropriate utility permits will be obtained prior to the installation of utility lines. Water needed for the sand wash processing plant will be provided by existing water wells on adjacent property owned by Black Mountain Land Company, LP. Water storage tanks and a water line will be constructed from the wells to the facilities. Please see Figure D4, Process Water Pipeline, for location of existing water wells, well permit numbers, and proposed process water pipeline route. Potable water will be purchased from Morgan County Quality Water District. It will be stored in a tank near the office building. Black Mountain is currently in discussions with the Morgan County Quality Water District and will provide a copy of the agreement to provide potable water as soon as it is finalized. See Exhibit G for more water details. Roads The majority of truck and employee access is anticipated to come from US Hwy 34, located north of the project, to CR91. A Traffic Impact Study was completed in March 2019, as required by Weld County. It recommended turn lane improvements to both US Hwy 34 and WC R91 for safety improvements. As part of the construction stage, WCR 91 will be upgraded and paved from US Hwy 34 south to 300' past the facility entrance, a southbound turn lane will be added at the intersection of WCR 91 and the facility, and a recovery approach will be added at the intersection of US Hwy 34 and WCR 91 for northbound vehicles. Black Mountain is currently in discussions for these upgrades with Weld County and will provide a copy of the agreement as soon as it is finalized. The nearby mine pits have been designed at least 200 feet from the edge of the right-of-way of WCR 91, which is 60 feet. A new paved access road will be built from WCR 91 to the facilities for truck and employee access to the site. This approximately 1,900 linear foot long access road will include a paved 3 -lane truck loadout, check -in booth, truck hatch opening and closing stations, and access to the parking lot for the office building. The access road has been designed to include an access gate that is no less than 35 feet from the edge of the traveled surface and at least 300 feet of asphalt or concrete pavement prior to the edge of the traveled surface for access and tracking control, as required by Weld County. An Access Permit and Right -of -Way (ROW) Use Permit will be obtained from Weld County prior to building this access road as part of the building permit package. Temporary dirt haul roads will be built and reclaimed as needed throughout the life of the mine. Figure D5 shows a typical haul road cross section. Pre -stripping of the topsoil from the initial mining phase will begin during construction of the facilities. Figure D6 shows a typical cross section of the pit slopes and anticipated pit depth in relation to the water table. 7 oT co rY >.° C D O U 11 3882' Legend 3016' 808' I I 1 Affected Boundary SILOS t6T 6 1.80 — - - DRYER ? Topsoil IContours - - Stockpile MCNINGN 1 - Roads CONSTRUCTION n 1 14. r:101BwiOmgs/Parting ABT 1 O Plant Feed Stockpile t I Loadoul Sibs (Max 45.000 tons) O Backbit Stockpile I/ Process Budding (Max 10.000 tons) Dry Screening Baghouse ix Q Ready Line Steck, Emergency Bunker Station 8 Above I4 M� 4 Ground Stoups Tank '5 Park 5 Slurry Pond I,,, Shop. Nhnnouse Process Water Pond , ; Checlmn d ore Salerack Station Building Wei 0(281800 ons) • , Guard Mouse Process Water ' Tank Temporary Sed Basin .• Thickener DuringConstruction pi Dryer Dust Collectors, at Fueling Station Stacks Emergency Bunker % r•) ]' 11 n5. IILI `. • 7-7- (�.• g, i . l \ i \8 J —../Fueling _ Topsoil Stockpile _ ° _ 1I - 1r90tn[tr, 1 �•' _ \ - -- - '' Facilities Cy r= - c\ 1\� 6 Mine Entrance 40° 14' 49.0" N, 104° 12' 24.5" W � � C-, � CV x 111 \.‘,.._____________j - - - / Backfill Stockpile \ Estimated Location of Initial Haul Road VIEWPORT EXTENTS O ` r ----- 1 000 ft N REV DESCRIPTION DATE APRVD .•p \ ': *Olaf HOAR* Rd M I L L C R E E K S"2P'SDI a IV180'1°° J`M I' ( ENGINEERING G I N E E R I N G Baru g0s-r2a •w (821)1234 776' ...>a.wocoT BLACK MOUNTAIN SAND LOST CREEK MINE ec_]C}„�-CO , igcCt6l 71sT swrasu ros cc iapl 1.4. '4;ktNAyA:•Oaf WA "C.V •islNP�iAr N[[ ►catsNO ail4o A ACCOWO i► IeAY.GMt►aIt'An "►t8�A AaNitia•I°PE so° '+ Up, art yN°•R e T�Ei.�Caaa T.40tli lil)n s@an uvo nM, q M. iObA p 9 w:p... ...et* wti AAWipItaw, r, 3A w.'vr i p•.•'A .:'NM"Or•e4 y i � CD S¢s FE SCA a, A"acaa 4 a diR, .0hYa'o •[.a'asc ?5 Msu�'1'S A - 2Tefw . �•-�I. F� :�F� 5••F=, . I D rEwc'C 18152 Mara M ISIAAI EMPIRE RESERVOIR Legend Permit Boundary Affected Land Boundary Process Water Pipeline Facilities Ranch Wells b a `\5 f1 / LC Wel LC Well 5 (31635 -FP -R) 31635 -FP -R) / / / // �- . h . �,o %oft`r otsvol Ls. l r' LC Well 18 (31607 -FP -R) /,----- .i \ / LC Well 16 " (31608 -FP -R) LC Well 14 (9598 -FP -R) LC Well 17 (31609 -FP -R) LC Well 15 (9595 -FP -R) , D V DESCRIPTION DATE • APRVD •:"iUh�•M �bwtr ao �� BLACK MOUNTAIN SAND WELD MOON CI) NOTWhal PM emmlostamaru i a'. tt)a 0tSia .!Matt -,S NI, I0',AS*Eh YlI UAVJIN•. +. v AXOCNO%VA NN •:M t S;A:r VW n °r� , ►N a« r� s Malt RAG DAWN. 106OF�„Dall63 WAN * JO Q't+0'i MTrpVAIa1/.wrUY.ft. 'PM Cf90M.A5kITM A.Otk. m% W,B:.AFxe,A.:A:t4lelNAOt+e� P�Ct rn NAR7! lai 54 ill :aft r+SJl5cm tramIA.1 Wog"!it8;�•wrAro4wusF �%9@r 0WO M w,C7F 14I MN itMO XY'M+ STATUS Fpw 6l Puma We* Paw 804: 543 • wIL l5 Jur»:o,o MULCT 11. -- M I L L C R E E K S dun u• e4i r '"5^' I�'I �-� V ENGINEERING •�, 18J')yCa 226 ,nrn-1,wtirt:OM oMWN ,4 �Iko slktl .: tiv r�rrto 0 18152 - Figure DS Typical Haul Roads Cross Section Centerline Safety Berm Slope = Angle of Repose Height = 1.375 ft Crown = 2% 235R 47.3 ft Centerline 10 Drainage Ditch 2:1 Slopes Depth = 2 ft Figure D6 Typical Pit Cross Section _ Surface Topography Regrade SWIMS I 32 ft (Approx) 5: 1 Skips Water Table 1 e 57 ft (Typical) 5\oQ 3• t Operations Please refer to Table D3, Mining Operations Timetable, and Exhibit D1, Mining Plan Map, for the anticipated progression of mining. CONFIDENTIAL Table 3 — Mining Operations Timetable This confidential table has been removed per the allowance in Section 1.6.2(1)(c) of the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Minerals (Rules). A full copy of this application with confidential items has been submitted to the Colorado Division of Reclamation, Mining and Safety per the requirements of Section 1.4.5(2)(b) of the Rules. Reclamation Early portions of the reclamation stage are estimated to begin late in year 1 and/or early in year 2 and will be completed concurrently with operations to reclaim previous years' mining operations as the site. Backfill material from the sand wash processing plant will be deposited behind the active mining area and used to regrade and contour each mining area for reclamation. Stockpiled backfill material from initial operations will be backfilled into the pit concurrently with active mining. Once each mining area has been graded and contoured to blend into the existing surrounding landscape, topsoil will be placed on the material and the area will be seeded with an approved native seed mix, as shown in Exhibit E. Please see the Reclamation Plan (Exhibit E) and Reclamation Map (Exhibit F) for more details. 6.4.4(f) Mining Details - The deposit to be mined is Eolian sand dunes that have been reworked by both alluvial and fluvial processes. Please refer to Exhibit D1, Mining Plan Map, for estimated sand thickness contours across the project area. Relatively little topsoil and overburden are anticipated. Drill logs only show an average of approximately 2 feet of topsoil across all drill holes. Mining activities will occur above the water table. Sand resources located 2 feet above the water table or in the water table will not be disturbed. Reclamation activities will take place above the water table. See Exhibit D1, Mining Plan Map, for the estimated sand resource thickness contours. Drill logs indicate the presence of a predominately clay layer at the base of sands that is assumed to be low permeability. 6.4.4. (g) Commodities - The primary commodity to be extracted is industrial sand for use as a proppant in hydraulic fracturing. 6.4.4(h) Incidental Products - Currently no secondary products are planned or proposed for the operation. All mined materials unable to be sold as industrial proppant sand will be used as backfill material during concurrent reclamation. 6.4.4(i) Explosives/Blasting - The use of explosives in conjunction with construction, operations, or reclamation is not anticipated or proposed. 14 CONFIDENTIAL Map D1 — Mining Plan Map This confidential map has been removed per the allowance in Section 1.6.2(1)(c) of the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Minerals (Rules). A full copy of this application with confidential items has been submitted to the Colorado Division of Reclamation, Mining and Safety per the requirements of Section 1.4.5(2)(b) of the Rules. REVISED Exhibit E: Reclamation Plan Included below is the Reclamation Plan for Black Mountain Sand Weld LLC's (Black Mountain) Lost Creek Mine, an industrial proppant sand mining and production facility located in Weld County, Colorado and is located on 2,215.59 acres of private land. This includes approximately 1,796 acres of affected land for mining activities, processing facilities, and the access road. The remainder of the area will be undisturbed buffer areas, as described in Exhibit D. The active mining areas will be reclaimed concurrently with mining operations. The onsite processing facilities and access road will be reclaimed during the final stage of reclamation. Portions of the facilities and access road will remain as discussed in Section 3.1.5, below. The affected lands will be returned to rangeland after reclamation, consistent with pre -mining conditions. Properties adjacent to the affected lands are unirrigated rangeland, with some agricultural fields in the vicinity. The proposed post -mining land use of rangeland will return the affected land to its current land use and will be in general conformity to the surrounding land. Unsaleable product (based on size requirements) will be inert and used as backfill material in previously mined areas and to backfill the mining pit in phases. Earthmoving will be done primarily with excavators, dozers, and front-end loaders. Compaction of backfilled material will be achieved by 'truck compaction' (a common surface mining industry practice), as follows: Haul trucks will deposit backfill material, which will include oversize and clay/feldspar material from the sand wash processing plant and backfill stockpile, as well as previously stockpiled overburden material into mined areas as operations progress. That material will be deposited in layers as it is built up to its proposed post -reclamation depth by front-end loaders and dozers which, by action of the traffic of wheeled and tracked heavy equipment, will perform primary compaction as they prepare safe and efficient running surfaces for the mining trucks and other equipment. As the trucks return backfill material into the mined areas in 'lifts' or 'benches', it will form a highly trafficked zone that will effectively further compact the backfilled material. The backfilled and regraded topography will be tied -in to undisturbed topography at slopes that will be hydrologically stable. Given the small decrease in available backfill volume relative to the surface areas of the project site and the generally level topography of the area, it is not anticipated that outside fill material will be needed. If outside fill is deemed necessary, Black Mountain will follow all requirements of Section 3.1.5(9) off the Colorado Mined Land Reclamation Act (the Act) regarding importing inert fill materials. Once the backfilled and compacted materials reach their full depth, the area will be graded and contoured to conform to the surrounding landscape and to provide hydrological stability. Final proposed contours are shown on Exhibit F, Reclamation Plan Map. Stockpiled topsoil will be spread over the area, the area will be disced or ripped and then seeded with the approved seed mix. Straw crimping will be completed per Weld County's seeding recommendations. Reclaimed areas will not be irrigated. See Table E2 for the proposed seed mix. Black Mountain is proposing that the reclamation bonding requirement be revisited on a regrade phase basis, as shown in Table E1, to ensure that the bond amount is sufficient to cover the then current mining, reclamation, and site conditions. It is proposed that bonding be revisited prior to the beginning of each new regrade phase. This will ensure some flexibility to the plan. Topsoil Segregation, Preservation, and Replacement All topsoil will be segregated and stored on affected land perimeters or other such areas that will minimize the disturbance of topsoil stockpiles. Topsoil at the site is currently estimated to be approximately 2 feet 1 deep on average with many areas having little to no topsoil. See Exhibit I, Soils Information, for more details. Where possible, up to 12" of topsoil will be stockpiled. Topsoil stockpiles will be vegetated for preservation and erosion control. Replacement of topsoil will occur as necessary for reclamation activities and will be done by distributing the topsoil as evenly as possible. All affected lands will be seeded with a seed mix approved by the Weld County Department of Public Works and CDRMS. The proposed seed mix is included In Table E2. Reclamation Schedule The reclamation stage will occur concurrently with mining. Early portions of the reclamation stage are estimated to being late in year 1 and/or early in year 2 and will be completed concurrently with operations to reclaim previous year's mining operations at the site. The majority of reclamation will begin in approximately years 2-3 of operations and will progress in phases concurrent with active mining operations. Table E1 outlines the general reclamation timetable for the life of mine operations. This schedule is an estimate and may change based on in -field and/or market conditions. See Exhibit F, Reclamation Plan Map, for more details. Table E1 Reclamation Timetable Mining Phase Regrade Phase Regrade (Yrs.) Reclaim (Yrs.) * Approx. Area (Acres) Yrs. 1-10 1 2-10 11-13 281.3 Yrs. 11-20 2 11-20 21-23 400.2 Yrs. 21-30 3 21-30 31-33 416.0 Yrs. 31-35 4 31-35 35-38 566.7 Facilities 5 35-36 36-38 131.8 *Reclaim including topsoiling, seeding, and revegetation. Final Grading Grading on all affected lands will be completed to match as closely as possible the surrounding undisturbed areas with slopes at approximately 5:1 (H:V). Seeding of all affected lands will be completed using a Weld County Department of Public Works and CDMRS approved seed mix. The proposed seed mix for this project is the Weld County Sandy Site Mix. Table E2 Proposed Seed Mix Sand Bluestem Sand Lovegrass Indiant Ricegrass Prairie Sandreed Green Needlegrass Little bluestem Yellow Indiangrass Switchgrass Sand Dropseed Champ, Chet Bend, native, Ne27 Nezpar, Rimrock Goshen Lodorm Blaze, Cimarron, Camper Cheyenne, Hole, Scout Blackwell, Nebraska 28 (https://www.weldgov.com/UserFiles/Servers/Server 1.00 Ibs pls/acre 2.50 Ibs pls/acre 3.00 Ibs pls/acre 0.75 Ibs pls/acre 1.50 lbs pls/acre 0.75 Ibs pls/acre 0.50 Ibs pls/acre 1.50 Ibs pls/acre 0.50 Ibs pls/acre Total 12.00 Ibs pls/acre 6/File/Departments/Public%20Works/Weed%20Manageme nt/Controlling%20Weeds/Reseeding/3dB124Cc66054d89CcCD.pdf). 2 Seeding will follow the recommendations set forth by Weld County. Black Mountain or its operator will plant the recommended seed mix above, or approved similar, applied at approximately 12 pounds per acre drill rate. Seeding rates will be doubled if broadcast. Seeding for each phase is recommended to occur between December 1 — May 1. The topsoil will be disced or ripped and seeded. Straw crimping is recommended at a rate of 2 tons per acre certified weed free and crop seed straw. Straw should be free of mold, decay, mud, and other debris. It is not currently planned that a cover or nurse crop will be necessary. Seeded areas will not be irrigated. The operator will, on a periodic basis, review recommended BMPs for seeding and update the plan to then current conditions throughout the life of the mine and provide correspondence to the Mined Land Reclamation Board regarding any such updates. Fertilizer will be applied as necessary if vegetation does not adequately grow independently of amendments. The specific type(s), rate(s), and application will be determined on an area -specific as -needed basis. There is currently no plan to plant trees or shrubs at the site. Non -noxious weeds and other naturally growing vegetation native to rangeland will be allowed to grow but will not be purposely planted by Black Mountain or its operator. Black Mountain intends to revegetate in general conformance to the surrounding lands. Topsoil is estimated to range from 0 to 5 feet across the site with an average of approximately 2 feet from boring logs for the site. Several areas currently have little to no topsoil present. Topsoil will be stockpiled and evenly distributed across the reclaimed surface. The topsoil depth estimate of 0-5 feet is subject to change as determined by varying site -specific conditions and is a best estimate from borings conducted for Black Mountain. When necessary, topsoil may be augmented with outside materials to provide an even topsoil coverage and provide adequate growing conditions for vegetation. Reclamation Performance Standards Specific Reclamation Performance Standards to be used at the Lost Creek Mine as highlighted below, as directed in Section 3.1.1 of the Colorado Mined Land Reclamation Act. 3.1.1 Establishing Post -Mining Use — The entire affected land area will be returned to rangeland through the use of appropriate grading and seeding to match existing surrounding areas as closely as possible. 3.1.2 Reclaiming Substituted Land — Reclamation will occur concurrently with mining operations and no land substitution is currently foreseen or proposed. 3.1.3 Time Limit & Phased Reclamation — Reclamation will occur concurrent with active mining operations and will be carried to completion with all reasonable diligence as outlined in Table E1 and as shown in Exhibit F, Reclamation Plan Map. Since final reclamation will use material from active mining operations to backfill, regrade, and contour the land, Black Mountain is requesting that the board approve reclamation according to the timeline shown in Table E1. 3.1.4 Public Use — Black Mountain does not intend to permit any part of the project area for public use. 3.1.5 Reclamation Measures — Grading & contouring of the reclamation areas will be completed so that the reclaimed areas match the surrounding existing topography. No slopes shall have a grade steeper than 3:1 (H:V) with all slopes being estimate to be built at approximately 5:1 (H:V). Backfilling and grading with be done primarily with dozers and front-end loaders such that backfill material will receive adequate 3 compaction for stability, as discussed in the Mining Plan (Exhibit D). Black Mountain will control erosion and siltation of project area lands by grading slopes at approximately 5:1 (H:V) and removing all highwalls. All operations will be conducted per the SWPPP developed for the site. Since backfill material from the processing plant and overburden material will be used for backfilling and regrading of the mining areas, reclamation will be completed concurrently with mining operations to avoid the need to stockpile and store large amounts of backfill material onsite. An initial larger stockpile of backfill material will be constructed during the first few years of pit excavation; this material will not remain in a stockpile through the life of the mine but will be used as backfill during ongoing reclamation activities. See Table E1 for an estimated reclamation timetable. The material to be mined is a soft sand that has been well leached. No acid-forming or toxic producing material will be mined or are expected to be encountered during the operation. Further, operations at the sand wash processing plant will not physically alter the run of mine sand except to perform size separation. No new mineral surface areas will be exposed that could produce leachate that would be acidic or toxic. While no drilling is currently planned, any drill or auger holes necessary will be plugged with only non- combustible materials, shall be backfilled and graded in a manner consistent with the post mine land use, and shall comply with the provisions of the Act, Construction Materials Rules and Regulations. The reclamation area will be graded and contoured to conform with the existing surrounding topography with slopes at approximately 5:1 (H:V), as shown on the Reclamation Map in Exhibit F. Small settling ponds may be placed within the project area boundary to manage stormwater runoff during mining operations as needed and will be reclaimed as part of the ongoing reclamation process as they are no longer needed. Please see Section 6.4.4(c) of Exhibit D for water diversion and impoundment details. The proposed post -mining land use is rangeland. Agricultural or horticultural crops is not the selected choice for reclaimed land use. There is currently no plan to bring structural fill from material generated outside of the permit boundary. If outside fill is deemed necessary, Black Mountain will follow the requirements of Section 3.1.5(9) of the Act regarding importing inert fill materials. At the end of mine life, the processing facility will be demolished. Equipment will be cleaned as needed with water and reused and recycled as much as possible. This will include the sand wash processing plant and equipment, conveyors, silos, water storage tanks, and loadout facilities. Warehoused materials and fuel will be removed as part of the demolition of the site. Fuel will be removed from the storage tanks at the warehouse and fueling station, and the tanks will be cleaned thoroughly before being dismantled. Materials that cannot be recycled will be disposed in the process water pond and slurry pond. The liners will be cut to prevent water ponding within the disposal area. The materials to be disposed will include pavement, some concrete foundation materials, siding, supports, unused raw plant feed or product and other materials that cannot be recycled. The ponds will be filled and compacted and regraded to conform to surrounding contours. Stormwater will be directed around the construction material disposal. No outside material will be accepted for disposal. All mat slab foundations and footings will be removed (approximately 7,000 cubic yards of material) and all deep foundations will be buried in place. 4 The office and warehouse buildings will remain in place for use in subsequent rangeland operations at the site. Pavement to those buildings will remain in place. All necessary BMPs shall be employed throughout the construction, operation, and reclamation stages to ensure no unauthorized release of any pollutants to the surface drainage system occurs. BMPs will be outlined in the associated SWPPP, SPCC, and via good housekeeping practices. All necessary BMPs shall be employed to ensure that no unauthorized release of any materials mined, handled, or disposed of within the permit area pollutes groundwater. The mine plan has been designed to keep mining activities at least 2 feet above the known water table throughout mining activities. 3.1.6 Water — Disturbances to the prevailing hydrologic balance of the affected land and surrounding area will be minimized through compliance with all applicable federal and Colorado water laws regarding existing water rights, quality standards for surface and ground water, and Colorado dredge and fill requirements. To achieve this, active mining operations will be confined to as small an area as reasonably possible, as shown on Exhibit D1, Mining Plan Map. Reclamation will be completed within the approved Reclamation Timetable, as proposed in Table E1 and as shown in Exhibit F, Reclamation Plan Map. No earth dams are planned or proposed at this time. All affected lands shall be stabilized to effectively control erosion. To achieve this, reclamation will be completed as quickly as possible after pit backfilling. Areas will be regraded and contoured to conform with surrounding lands, using slopes at approximately 5:1 (H:V). Topsoil will be replaced and the area will be seeded with an approved seed mix, as shown in Table E2. During reclamation and sand wash processing plant demolition, appropriate BMPs will be used to stabilize affected lands and minimize erosion until lands reach final stabilization. Stormwater runoff will be directed to natural drainages. 3.1.7 Groundwater — Black Mountain will adhere to all applicable Water Quality Control Commission (WQCC) standards and conditions for both classified and unclassified groundwater. The operation will be above the regional groundwater table, as determined by on -site boring logs, which did not show saturated conditions and did not encounter groundwater within the planned mining area. As such, no significant impact from the mining operation is expected to the groundwater. A complete set of borehole logs are included in Exhibit G. Although the operation is not anticipated to adversely affect the area groundwater, Black Mountain has nevertheless developed a practice -based groundwater monitoring program for the project. Black Mountain proposes to install three monitoring wells within the 200 -foot buffer area between the affected lands and the permit boundary on each of the eastern and western sides of the project area concurrently with initial construction activities, for a total of 6 wells. Another monitoring well is proposed for installation within the plant facilities once construction has been completed. An additional three monitoring wells may be installed in later years within Black Mountain Land Company, LP's lands overlying the Hay Gulch Aquifer, if necessary. There are also two existing water wells onsite, currently permitted for use as irrigation and ranch water wells. If necessary, water levels and water samples can be pulled from these wells to supplement onsite data. The locations of all proposed and existing wells are shown on Figure El. These locations would allow Black Mountain to monitor groundwater levels and water quality between the Empire Reservoir and the project site as well between the project site and the Hay Gulch Aquifer's eastern boundary prior to mining operations and throughout the life of mine. 5 Proposed Wells • ,- A., _,,i.iv.≥�, :, „•... • "' Permit 5,000 Boundary ft N - Proposed (after construction) Wells Existing Wells • Potential Future Wells ,., ./-1 •?� \,� , _. '� \ l , - '-'\. _Affected ,�\ ,7 �_. �� \ ` -. J t h .d Lands Boundary' �_ , .,.: - �� , t \ c � - - ' , . ` .� • \\ V\ • r It) Paved Road T! Current Contours Topography r S • Water Pipeline . .,.:. Facilities t-- �J \�„ I� .:. � �fsl Aquifer q (estimated) Boundary y 4 t, `J� :.1\, � � ate' -- \, - , • - 5 �\ /) r r� ) - (\,,N..../V ``\ `v Fig. D3 -Site Plan) , 11•-. )�p1 it 1\\ti(See , �, ',�, �,\ 4, f 1 { \\ �� `} •\. \\ \ \� J�7,j ` _ _ `� g�O \,....-,N J,3�' ,\\ � a V• ` 4 I I` '1 [ \ \ \ \ ' `` \ • k �-_J cc N • vvV ,,q �,� '� ' \ } \ rr \mil 1 A ) . A A ` / �d640 �. i � \� 1—\ i\ ., C� awl' , �4 a� 3 i }„tR, \ it - �6 �, \ . ,� REV DESCRIPTION DATE APRVD BLACK MOUNTAIN SAND A:tOCOATI w .s.x,r.i re NOT UMW 7 'xrW6AntAr:,OwFI;At-.,YAW 'I.A'M, ffUtomoo Ita ,IACCOCANU W"I.A rk. JY4t S'A't. LAW A. 197.Av0wcha." IJ0.',163MMM:3 t1Ot�( ns M N •4 SO r •ti eMtV a W 1 C(r R t�� s xsah *Iraw• ttt � OIV a, Ar.OiNita.e, IQtocu 'OLia y.MAt w A IOTA W, POI �y AO Oi i1q :610 OA NA O', "I 110Rc'a•4AMWPI INVEKwitts-IWO k'7t0,0‘„ItIOUS:if tAli It4MikON.wa lrrlU?d 0W I Vt.3. i 4. AlN. F NYi Oal4Vr wAljb iownt, WeiWM ileImat0W is . Kai StAtt SINI Wu AJ AINtY10 YIW OAOT IIP4SN0 Po YICIu0e t0�0 20 Juno 101♦♦ a. : u. a�uo31, .� • Soto 100 wtE ��,� IMXLEC,. 1�p,s: �• M I L L C R E E K Sett C tY, Ol" 7 _Ap ..T DRAWN ,� EFI61NEEgEO snEE ,. _ t. E N G I N E E R I N G �^�� I�'r � F4 IeG' J iLt J7d' I.nrtow.dvsom wrcAAtOU1,A1A REVIEWED REREWED 18152 — _ The monitoring wells would be constructed by drilling through the alluvial aquifer and "tagging" the underlying bedrock, which consists of a gray clayey shale. The wells will be constructed using a 2 -inch PVC casing and slotted well screen. Adequate screen length will be provided to account for seasonal water table elevation variations. The wells will be protected using a surface casing and secured with a locking cap. The typical installation details are shown on Figure E2. Figure E2 Typical Groundwater Monitoring Well Installation -- CEMENT 1:QLLA.4. 31 ?' 0O SOLID PVC (SCH. 90) Ir. Fn47(EH:'LE SIUC.A SAND 10' (mIN) "LOTTED PVC (SCH. SO) TENT:sr•1TE'IL LET - CLAY LVE2t IF PRESENT/ GROUND /�� /4 NATIVE GROUND •.\•X� ;/\� Wells will be monitored for water levels and water quality initially upon completion and quarterly throughout plant construction, which is estimated to take approximately 8 - 12 months, to provide baseline data prior to beginning operations. After operations begin, water level data would be collected from all of the monitoring wells and would continue on a quarterly basis using either a manual water level meter or dedicated water level meter with datalogger. Water quality data would continue to be collected on a quarterly basis for analysis as well. Proposed water quality testing parameters are shown on Table E3 and are based on the State of Colorado Water Quality Commission's Regulation No. 41, The Basic Standards for Groundwater (S CCR 1021-41). Test results will be submitted as required. 7 Table E3 Proposed Water Quality Parameters Parameter Aluminum' Lithium' Arsenic' Manganese' Beryllium Mercury' Boron' Nickel' Cadmium' Nitrite (NO2 - N)' Chromium' Nitrite & Nitrate (NO2 + NO3 - N)' Cobalt' Selenium' Copper' Vanadium' Fluoride' Zinc' Iron' pH Lead' Total Dissolved Solids (TDS) ' Measured as dissolved concentrations. Sample is filtered through a 0.45 -micron membrane filter prior to preservation. The operations will be conducted pursuant to a site -specific SWPPP, SPCC, and other industry standard BMPs. The operation will comply with all applicable requirements of surface water and groundwater classifications and standards by the WQCC. 3.1.8 Wildlife — Mining operations will take into account the safety and protection of wildlife on all project area lands and at road crossings on Weld County Road (WCR) 91. See Exhibit H for additional information regarding wildlife. 3.1.9 Topsoiling — When available, topsoil shall be removed and segregated in stockpiles to be used during reclamation activities. If necessary, the topsoil stockpiles shall be vegetated within 180 days to protect from erosion. Where practicable, woody vegetation shall either be removed from or appropriately incorporated into the existing topsoil prior to excavation within the project area. Topsoil stockpiles shall be stored near the mining perimeter or in other minimally disturbed areas and will remain undisturbed until used during reclamation activities. A conceptual location of the stockpiles in year 5 of operations is included in Exhibit D1, Mine Plan Map. Once used, appropriate grading and surface roughening will occur to maximize topsoil stability. Should the existing topsoil be deemed of insufficient or poor quality as to not be able to sustain vegetation, and if other materials can be shown to be more suitable for vegetation requirements, Black Mountain will remove, segregate, and preserve in a like manner such other materials which are best able to support vegetation. Black Mountain plans to revegetate the land in general conformance with the surrounding lands and pursuant to recommendations from Colorado Division of Reclamation, Mining and Safety (CDRMS) and Weld County. Topsoil will be replaced as evenly as possible and is estimated to range from 1-2 feet, depending on how much is recoverable during stockpiling activities. Topsoil shall be amended with fertilizer or compost, as necessary. All vegetative piles will be removed from the affected lands prior to final reclamation of the affected lands. 8 3.1.10 Revegetation — All affected lands shall be revegetated in such a way as to establish a diverse, effective, and long-lasting vegetative cover that is capable of self -regeneration without continued dependence on irrigation, soil amendments, or fertilizer. The final reclaimed land use will be rangeland. The land shall be regraded and contoured with slopes at approximately 5:1 (H:V) and easily traversed by livestock. The affected lands will either be seeded by hand, power, or hydroseeded. Environmental and biological factors shall be considered to ensure the greatest probability of success in plant establishment and vegetation development and shall take into account such environmental factors as seasonal patterns or precipitation, temperature and wind; soil texture and fertility; slope stability; and direction of slope face. Similarly, attention shall be paid to biological factors such as proper inoculation of legume seed, appropriate seeding and transplanting practices, and restriction of grazing during initial establishment. Black Mountain will employ site preparation techniques, such as discing and ripping or crimping, to prepare the soil and will apply amendments and fertilizer, as necessary, to ensure the establishment of a diverse and long-lasting vegetative cover. Black Mountain is developing a weed control plan in conjunction with Weld County's Weed Management Division. The draft plan is included as Exhibit E2. This plan may change based on input from Weld County during approval. The weed control plan includes preventative measures to control the introduction and spread of noxious weed within the project area boundary, a monitoring schedule, and weed control methods. The Colorado Department of Agriculture and the Weld County Code identifies noxious weed species within 3 categories: List A Species (species for eradication), List B Species (species that need control/eradication), and List C Species (species of concern). As required by Section 15-1-40 of the Weld County Code, all of the current List A, List B, and List C Species are to be considered target species for Black Mountain's weed control methods. This list of identified noxious weed species is included as Exhibit E3. Appropriate weed control methods will be employed as necessary to control the spread of prohibited noxious weeds. When necessary, fire lanes or access roads will be constructed through reclaimed areas. Reclamation of the mining areas will be completed concurrently with the mining operations. Reclamation, including regrading, contouring, seeding, and planting, as appropriate, will occur on areas no longer necessary for the mining operations. Seeding will follow normal surface stabilization procedures in all affected areas where planting is not required. Surface characteristics will be evaluated prior to reclamation and Black Mountain will take all reasonable measures to facilitate plant growth. When not feasible, planting may be delayed or planting on substitute acres may occur. 3.1.11 Buildings & Structures —There are currently no buildings or structures owned by a legal entity on the affected lands. As part of the final reclamation, the mining facilities, including the processing plant, loadout facilities, and a portion of the access road, will be removed and the area reclaimed per the above reclamation procedures. The warehouse and office building will remain for use in the rangeland activities post reclamation. 9 3.1.12 Signs & Markers — Black Mountain shall post a sign clearly visible from the access road with the following information: a. Operator's name b. A statement that the reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board c. The permit number. The boundaries of all affected lands for which a financial warranty and performance warranty have been posted will be marked by monuments or other clearly visible markers. 3.1.13 Spill Reporting — Both an SWPPP and a SPCC will be prepared for the site using appropriate BMPs to reduce the likelihood and severity of a potential spill. Black Mountain shall notify the Mined Land Reclamation office of a spill of any toxic or hazardous substance, including spills of petroleum products, that occurs within the mined land permit area or area encompassed by a Notice of Intent and which would be required to be reported to any Division of the Colorado Department of Public Health and the Environment, the National Response Center, the Colorado Emergency Planning Commission, any local Emergency Planning Commission, local Emergency Planning Committee, or the State Oil Inspector. Within 24 hours of the time the spill is reported to any other agency(ies) with jurisdiction over the spill, Black Mountain or its operator will notify any DRMG Minerals Program Field Office or the Minerals Program Denver Office, Division of Reclamation, Mining and Safety, via phone, facsimile, or email. The notice will include all relevant information known at the time contact is made that would assist the Office in assessing the seriousness of the spill, including: a. Operation name, CDRMS permit number and name of person reporting the spill, Telephone number of a responsible company official for the Mined Land Reclamation Office staff to use as a contact, c. Date and time of spill, d. Type of material spilled (CAS number if applicable, from the material safety data sheet (MSDS) form), e. Estimate of the amount spilled, whether any material has left the permit area, and where the spilled material went, and f. Initial measures taken to contain and clean up spill. Black Mountain or its Operator will copy the Mined Land Reclamation Office on any correspondence and/or written reports provided to other agencies and supplement those reports, if necessary, to include the information outlined in rule 3.1.13(2). 10 Landowner Management Plan Name Black Mountain Sand Weld LLC Lost Creek Mine - DRAFT Address Sections 2, 3, 10, 11, and 14 of T3N, R61 W in Weld County Phone: TBD Management Plan Review Dates: 1. Brief description of land and current use(s) The Lost Creek Mine project area has been characterized as a sand sagebrush prairie interspersed with areas of bare ground where stock ponds, cattle congregations, cattle trails, and two -track access roads occur. Sand sagebrush prairie is generally composed of an overstory of lightly grazed sand sagebrush with an understory of mid and short length grasses scattered with forbs. Grass and forb species observed within the project area during a Biological Survey Review conducted in November 2018 by TRC Environmental Corporation include blue grama (Bouteloua gracilic), buffalograss (B. dactyloides), needle -and -thread (Hesperostipa comate), sand dropseed (Sporobolus cryptandrus), Indian ricegrass (Oryzopis hymenoides), little bluestem (Schizachyrium scoparium), prairie sandreed (Calamovilfa longifolia), purple threeawn (Aristida purpurea), tumblemustard (Sisymbrium altissimum), stinkgrass (Eragrostis cilianensis), yucca (Yucca glauca), plains pricklypear (Opuntia polyacantha), and milkvetch (Astragalus sp). Shrub and subshrubs observed during the survey include sand sagebrush and prairie sagewort (Artemisia frigida). Current land use is rangeland. 2. Future plans for the land Proposed land use is an industrial sand mine with an approximately 35 -year mine life. Future use after reclamation is rangeland. 3A. Negative Resources Weed Species. Acres Infested. Specific location of infestation(s) on land. (Wetland, along ditch, fence line, etc.) Although a noxious weed/invasive species survey has not been conducted at the project site, there are no known noxious weed infestations at the site at this time. Several noxious weed species, such as Hoary cress, Russian knapweed, and all 3 varieties of thistle, have been identified on the north side of Hwy 34, approximately 2 miles north of the northern property boundary. Several annual weed species are known to exist in both the general area and within the project site itself, such as tumblemustard, although none of them are currently classified as noxious weeds. 3B. Positive Resources The site was part of a fire that occurred approximately 10 years ago. Reseeding was done in concert with the Natural Resources Conservation Service (MRCS) local office using an approved seed mix. Although the exact seed mix used is unknown, it is assumed that much of the project area's vegetation is composed of acceptable species. 4. Management Plan Preventative Measures The following preventative measures will be used during construction of the facilities and whenever topsoil stripping/overburden removal activities occur: • Temporary storage of equipment, machine and vehicle parking, and other areas needed for the temporary storage of supplies will be located in areas that have been treated with a bare -ground chemical mix. • Grubbing and other vegetation removing equipment will be cleaned and visually inspected to be weed free prior to entering and exiting the project area. • Project workers will inspect, remove, and dispose of weed seed and plant parts found on their clothing and personal equipment after working in undisturbed or reclamation areas. Any vegetation products found stuck to clothing and equipment will be bagged and disposed of in a dumpster for deposit in local landfills or other location deemed acceptable by Weld County. • Employees and site visitors will avoid or minimize all types of travel through identified weed infested areas or restrict major activities to periods of time when the spread of seed or plant parts are least likely. Work will begin in weed free areas whenever feasible before operating in weed - infested areas. • All vegetation and/or ground disturbing activities will be minimized to as small an area as necessary to perform the activity safely and as designed. The creation of soil conditions that promote weed germination and establishment will be avoided. • In any areas where infestations have been identified prior to topsoil stripping activities, weed treatment methods will be employed and verified effective prior to topsoil stripping and stockpiling activities in that area. • All straw or hay bales used for sediment barrier installations or mulch distribution shall be certified weed -free prior to being brought into the project area. • Backfilling and reclamation of disturbed lands will be completed concurrently with mining activities and be immediately followed by seeding efforts whenever possible. • Any structural fill brought to the site from outside the project area will be certified inert prior to its use onsite. Black Mountain will adhere to all State and Weld County Weed Management District guidelines for reducing the potential for the introduction of noxious weeds and other invasive, non-native plant species. Monitoring Schedule All 1,796 acres within the permit boundary will be monitored for noxious and invasive weeds, including all areas left as undisturbed buffer areas. Each yearly block will be mined sequentially, with concurrent pit backfilling as operations progress. After backfilling of a pit is completed, it will be regraded and reclaimed in accordance with the approved reclamation plan. To ensure discovery of weeds, post reclamation noxious weed monitoring for each newly reclaimed area will occur during the growing season within one year after reclamation is completed, and on an ongoing basis annually thereafter until the area is released from bonding requirements by the State of Colorado. Additional visual inspections shall be conducted whenever the reclamation area is visited. Targeted weed control methods shall be used whenever a noxious or invasive weed is identified. Larger weed control strategies may be employed on a case -by -case basis if needed. Reclamation and post -reclamation inspection personnel shall be trained in the identification of predominant noxious weed populations. Weed Control Methods The main method of weed control to be employed at the Lost Creek Mine will be general use herbicides. The herbicide used will be based on the most effective treatment for the specific weed identified and the application rate will be based on the manufacture's recommendations. A chemical weed matrix from the Weld County Weed Management District, is included as Attachment 1. It provides a recommended herbicide and rate based on the typically identified species of noxious weeds found in Weld County. If necessary, Black Mountain will contract a licensed commercial sprayer prior to the onsite use of any restricted use herbicides. Restricted use herbicides shall only be used onsite when all general use herbicides have been deemed ineffective. Temporary storage of equipment, machine and vehicle parking, and other areas needed for the temporary storage of supplies will be located in areas that have been treated with a bare -ground chemical mix. The mix recommended by the Weld County Weed Management District is as follows: Chemical Rate Esplanade 200SC 5 oz Piper 10 oz Frequency 10 oz Glyphosate 64 oz All herbicide applications must follow the U.S. Environmental Protection Agency's label instructions. Application of herbicides will be suspended when any of the following conditions exist: • Wind velocity exceeds 6 miles per hour (mph) during application of liquids or 15 mph during application of granular herbicides • Snow or ice covers the foliage of noxious weeds • Precipitation is occurring or is imminent (unless acceptable on the label). Hand application methods (e.g., backpack spraying) that target individual plants will be used to treat small or scattered weed populations. Vehicle -mounted sprayers may be used in large open areas that are readily accessible by vehicle or when large populations are identified for treatment. Calibration checks of equipment will be conducted at the beginning of spraying and periodically throughout treatment to ensure that proper application rates are achieved. Herbicides will be transported to the project site daily with the following provisions: • Only the needed quantity for that day's work will be transported. • Concentrate will be transported in approved containers only, in a manner that will prevent tipping or spilling, and in a location that is isolated from the vehicle's driving compartment, food, clothing, and safety equipment. • Only general use herbicides will be applied within the project boundary without the use of a licensed commercial sprayer. • All containers and equipment associated with the transportation and use of herbicides will be inspected for leaks daily and all equipment or containers found to have leaks will be taken out of service until repaired or replaced. • Disposal of spent herbicide containers will be done in accordance with the manufacturer's recommendations. All reasonable precautions will be taken to avoid herbicide spills. In the event of a spill, clean-up will be immediate. A spill kit will be kept in each vehicle transporting herbicide and in all herbicide storage areas. Items to be included in the herbicide spill kit are: • Protective clothing and gloves • Absorptive clay, "kitty litter", or other commercially available absorbent • Plastic bags and 5 -gallon bucket • Shovel • Fiber brush and screw -in handle • Dust pan • Caution tape • Detergent. Response to herbicide spills vary based on the size and location of the spill, and the type of herbicide spilled. In the event of a spill, Black Mountain Sand Weld LLC (Black Mountain) or its operator will control, contain, and clean it up and proceed with the appropriate reporting, if necessary, in accordance with the site -specific Spill Prevention, Control, and Countermeasures (SPCC) Plan. In the event that pesticides are determined to be necessary onsite, Black Mountain will work with Weld County to determine the appropriate pesticide for use at the site. Black Mountain will comply with all State of Colorado and federal laws and regulations concerning the handling, storage, use, and disposal of those pesticides. Any spills that occur will be handled as directed in the site -specific SPCC Plan. Attachment 1 Weld County Chemical Weed Matrix, March 2019 https://www.weldgov.com/UserFiles/Servers/Server_6/File/Departments/Public%20W orlcs/W eeO Chemical Weed Matrix March 2019 Canada Thistle - Creeping perennial; 6- 10 inches to bud or fall Musk Thistle; Scotch Thistle & Bull Thistle - Biennial; rosette stage or fall Russian Knapweed - Creeping perennial; bud to early flower or fall Diffuse Knapweed; Spotted Knapweed - Biennial or simple perennial; rosette stage or fall Field Bindweed - Creeping perennial; at full bloom or fall Hoary Cress; Perennial Pepperweed - Creeping perennial; bolting to bud maybe bloom Leafy Spurge - Creeping perennial; spring true flowers or fall** Absnith Wormwood - Perennial; 12 inches to flowering or fall Mullein - Biennial; Rosette to pre- bud or fall Yellow Toadflax; Dalmatian Toadflax - Creeping perennial; bud to early flowering or fall Chcatgrass (Downy Brome) - annual; early germination, maybe spring Tordon 22K (Picloram)- RU No trees or water, Graze- 14D wait 1 quart/acre with NIS I quart/acre with NIS 1 quart/acre with NIS 1 quart/acre with NIS 1 quart/acre PLUS 2,4-D @ 1 quart/acre with NIS NA I quart/acre with NIS 1 pint/acre with MS 1 - 1.5 pints /acre w/NIS 1 quart/acre with NIS NA Milestone (aminopyralid) - Some trees; 'To waters edge: No irrigation; No Graze wait 5-7 oz/acre with NIS 3-5 oz/acre with NIS 4 -6 oz/acrc with NIS 5-7 oz/acre with NIS NA NA NA 7 oz/acre with NIS 7 oz/acre with NIS NA NA Curtail (Clopyralid & 2,4-D) - Some trees; No water; Graze - 14 D wait 2 -3 quarts/acrc with NIS 1.5-2 quarts/acre with NIS 3 quarts/acre with NIS 2 quarts/ acre with NIS NA NA NA 2 quarts/ acre with NIS NA NA NA Transline (Cloptalid) - Most trees; No water, Graze - no wait 0.66 - 1.33 pints/acre with NIS 0.33 - 1 pints/ acre with NIS t - 1.33 pints /acre with NIS 0.66 - 1.33 pints/acre with NIS NA NA NA NA NA NA NA 2,4-D - Careful trees; Maybe water = formulation; Graze - 7D wait weak alone 1 quart/acre with NIS weak alone weak alone weak alone 3 quarts/acre with NIS 2 -3 quarts/acre with NIS weak alone l quart /acre w/N1S NA NA Clarity/Banvel (Dicamba) - No trees or water; Graze - 21D wait weak alone 1 quart/acre with NIS weak alone weak alone weak alone weak alone weak alone NA NA NA Dicamba & 2,4-D - Graze - 7D; No water or trees; 1 quart cach/acre with NIS I quan each/acre with NIS I quart cach/acrc with NIS 1 quart cach/acrc with NIS I quart each/acre with NIS 1 quart each/acre with NIS NA NA NA Glyphosate (40-50%) - Trees okay; Yes water depending on label; Non- selective 2 quarts/acre 1.5 quarts/acre NA 1.5 quarts/acre 4-5 quarts/acre 4 quarts/acre 3.3 quarts/acre; partial control 2-3 quarts/ acre 2 quarts/acre 4-5 quarts/acre Panoramic (Imazapic) - Somc trees; waters cdge ok; No irrigation; Graze - no wait NA 8 -10 oz/acrc with MSO 8 -10 oz/acrc with MSO NA NA 8 oz/acrc with MSO 10 oz/acre with MSO NA NA 10 oz/acre with MSO 6-8 oz/acrc with NIS Tatar (Chlorsulfuron) - Some trees; waters cdge ok; Graze - no wait 1-2.6 oz/acre with NIS 1 oz/acre with NIS NA NA NA 1 oz/acre with NIS NA NA 1-2.6 oz/acre with NIS Yellow: 1.25 oz/acre with NIS; Dalmatian 2 - 2.6 oz/acre with NIS NA Escort XP (Mctsulfuron) - Some trees; waters edge ok; No irrigation; Graze - no wait 1.5 to 2 oz/acre with NIS 1 to 2 oz/acre with NIS 1.5 to 2 oz/acre with NIS (suppression) NA NA 1 to 2 oz/acre with NIS NA NA 1 to 2 oz/acre with NIS 1.5 to 2 oz/acrc with NIS (suppression) NA Vista XRT (Fluroxypyr) - Some trees, Somc water, Graze - no wait 4-6 oz Vista and 47 oz Milestone 4-6 oz Vista and 4-7 oz Milestone 4-6 oz Vista and 4-7 oz Milestone 4-6 oz Vista and 47 oz Milestone 6 oz Vista and 1/2 pint Tordon 4-6 oz Vista and 3.3 oz Opcnsight 23 oz /acre with MSO NA 6 oz Vista and 1/2 pint Tordon NA NA Colorado Noxious Weeds (including Watch List), effective March 31, 2017 List A Species (25) Common Scientific African rue Bohemian knotweed Camelthorn Common crupina Cypress spurge Dyer's woad Elongated mustard Flowering rush Giant knotweed Giant reed Giant salvinia Hairy willow -herb Hydrilla Japanese knotweed Meadow knapweed Mediterranean sage Medusahead Myrtle spurge Orange hawkweed Parrotfeather Purple loosestrife Rush skeletonweed Squarrose knapweed Tansy ragwort Yellow starthistle List B Species (40) Common (Peganum harmala) (Polygonum x bohemicum) (Alhagi maurorum) (Crupina vulgaris) (Euphorbia cyparissias) (Isatis tinctoria) (Brassica elongata) (Butomus umbellatus) (Polygonum sachalinense) (Arundo donax) (Salvinia molesta) (Epilobium hirsutum) (Hydrilla verticillata) (Polygonum cuspidatum) (Centaurea nigrescens) (Salvia aethiopis) (Taeniatherum caput-medusae) (Euphorbia myrsinites) (Hieracium aurantiacum) (Myriophyllum aquaticum) (Lythrum salicaria) (Chondrilla juncea) (Centaurea virgata) (Senecio jacobaea) (Centaurea solstitialis) Scientific Absinth wormwood Black henbane Bull thistle Bouncingbet Canada thistle Chinese clematis Common tansy Common teasel Corn chamomile Cutleaf teasel Dalmatian toadflax, broad-leaved Dalmatian toadflax, narrow -leaved Dame's rocket Diffuse knapweed (Artemisia absinthium) (Hyoscyamus niger) (Cirsium vulgare) (Saponaria officinalis) (Cirsium arvense) (Clematis orientalis) (Tanacetum vulgare) (Dipsacus fullonum) (Anthemis arvensis) (Dipsacus laciniatus) (Linaria dalmatica) (Linaria genistifolia) (Hesperis matronalis) (Centaurea diffusa) List B Species (40) continued Common Scientific Eurasian watermilfoil Hoary cress Houndstongue Jointed goatgrass Leafy spurge Mayweed chamomile Moth mullein Musk thistle Oxeye daisy Perennial pepperweed Plumeless thistle Russian knapweed Russian -olive Salt cedar Scentless chamomile Scotch thistle Spotted knapweed Spotted x diffuse knapweed hybrid Sulfur cinquefoil Wild caraway Yellow nutsedge Yellow toadflax Yellow x Dalmatian toadflax hybrid List C Species (16) Common (Myriophyllum spicatum) (Cardaria draba) (Cynoglossum officinale) (Aegilops cylindrica) (Euphorbia esula) (Anthemis cotula) (Verbascum blattaria) (Carduus nutans) (Leucanthemum vulgare) (Lepidium latifolium) (Carduus acanthoides) (Acroptilon repens) (Elaeagnus angustifolia) (Tamarix chinensis, T. parviflora, and T. ramosissima) (Tripleurospermum perforata) (Onopordum acanthium, O. tauricum) (Centaurea stoebe) (Centaurea x psammogena = C. stoebe x C. diffusa) (Potentilla recta) (Carum carvi) (Cyperus esculentus) (Linaria vulgaris) (Linaria vulgaris x L. dalmatica) Scientific Bulbous bluegrass Chicory Common burdock Common mullein Common St. Johnswort Downy brome Field bindweed Halogeton Johnsongrass Perennial sowthistle Poison hemlock Puncturevine Quackgrass Redstem filaree Velvetleaf Wild proso millet (Poo bulbosa) (Cichorium intybus) (Arctium minus) (Verbascum thapsus) (Hypericum perforatum) (Bromus tectorum) (Convolvulus arvensis) (Halogeton glomeratus) (Sorghum halepense) (Sonchus arvensis) (Conium maculatum) (Tribulus terrestris) (Elymus repens) (Erodium cicutarium) (Abutilon theophrasti) (Panicum miliaceum) Watch List Species (24) Common Scientific Asian mustard Baby's breath Bathurst burr, Spiney cocklebur Brazilian egeria, Brazilian elodea Common bugloss Common reed Garden loosestrife Garlic mustard Himalayan blackberry Hoary alyssum Japanese blood grass/cogongrass Meadow hawkweed Onionweed Purple pampas grass Scotch broom Sericea lespedeza Swainsonpea Syrian beancaper Water hyacinth Water lettuce White bryony Woolly distaff thistle Yellow flag iris Yellow floatingheart (Brassica tournefortii) (Gypsophila paniculata) (Xanthium spinosum) (Egeria densa) (Anchusa officinalis) (Phragmites australis) (Lysimachia vulgaris) (Alliaria petiolata) (Rubes armeniacus) (Berteroa incana L.) (Imperata cylindrica) (Hieracium caespitosum) (Asphodelus fistulosus) (Cortaderia jubata) (Cytisus scoparius) (Lespedeza cuneata) (Sphaerophysa salsula) (Zygophyllum fabago) (Eichhornia crassipes) (Pistia stratiotes) (Bryonia alba) (Carthamus lanatus) (Iris pseudacorus) (Nymphoides peltata) CONFIDENTIAL Exhibit F — Reclamation Plan This confidential exhibit has been removed per the allowance in Section 1.6.2(1)(c) of the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Minerals (Rules). A full copy of this application with confidential items has been submitted to the Colorado Division of Reclamation, Mining and Safety per the requirements of Section 1.4.5(2)(b) of the Rules. Exhibit G: Water Information The proposed mining operation is expected to have minor impacts on surface water through the alteration of existing drainage paths. Groundwater from existing sources will be used for processing. See Exhibit C2 for the location of all known surface water features on the affected land. It is not expected that any surface water features on adjacent lands may be affected by the proposed mining operation. The affected lands are located within all or portions of Sections 2, 3, 10, 11, and 14 of T3N R61W. The majority of the project overlays the Laramie -Fox Hills Aquifer and Laramie Formation Aquifer of the Denver Basin, outside both the Lost Creek and Kiowa Bijou Designated Basins. The affected lands boundary was specifically designed to exclude mining on lands overlying the Hay Gulch Alluvial Aquifer, which, although determined to be hydrologically separate from the Lost Creek Alluvial Aquifer, is included within the larger Lost Creek Designated Basin. A small portion of the project within Section 14 overlays the Kiowa Bijou Designated Basin and the western boundary of the project borders the Lost Creek Designated Basin. Regional geology maps indicate that the parcel is covered by eolian sand deposits. Black Mountain Land Company, LP advanced numerous geotechnical borings within the property area, to a depth up to 80 feet. Based on the results of the geotechnical borings, groundwater was not encountered in the geotechnical investigation. Groundwater data in the Colorado Decision Support System (CDSS), an online water management system developed by the Colorado Water Conservation Board and Colorado Division of Water Resources, also indicates that there is no known static water level in the parcel area. The nearest identified actively producing alluvial well is located greater than a half mile west of the parcel and produces from the lost creek alluvial aquifer. There are no recent, publicly available water level records in the parcel area. As part of Black Mountain's proposed groundwater monitoring plan, discussed in Section 3.1.7 of Exhibit E, monitoring wells will be installed at the project boundary on both the eastern and western sides of the project, and collect additional data to assist in the definition of groundwater elevations and their seasonal variations, calculate groundwater gradients between the project and the Empire Reservoir, and establish baseline water quality. It is anticipated that these monitoring wells will be installed prior to beginning construction activities at the site. All appropriate authorizations and permits will be obtained prior to the installation of these monitoring wells. Additional evaluation will be done prior to mining future sections. Attachment G1 shows borehole results from the geotechnical drilling program within the revised mine plan area. No groundwater was encountered. This project is not located within a floodplain. Wetlands and Waterbodies The proposed project boundary does not intersect directly with any regional waterbody or wetland areas. The western portion of the Empire Reservoir is located approximately 0.25 miles northeast of the eastern portion of the project boundary. Impacts to the Empire Reservoir will be minor and may include the reduction of runoff received from the area due to temporary stormwater runoff capture and control at the site and the reduction of visual landscapes due to the nature of open pit mining. The installation of monitoring wells as part of Black Mountain's groundwater monitoring program will allow monitoring of groundwater levels between the reservoir and the project area. Black Mountain has committed to staying at least 2 feet above the water table during all mining activities so no drawdown effects from the reservoir 1 will occur in the pits. Additionally, no blasting or seismic activities will occur at the project, protecting the existing dams at the reservoir. The South Platte River is located approximately 2.5 miles north of the project boundary across Weld County Road 42/Hwy 34. No impacts to the South Platte River are expected. In November 2018, a biological survey, including a wetland and waterbody delineation, was completed by TRC Environmental Corporation. During initial review, one ephemeral waterbody (S001) was identified within the affected lands and two (S002 and 5003) identified just inside the project boundaries. No wetlands were identified within the affected lands or adjacent to the project boundary. During field observations, S001 was discovered to be a man-made stock pond that had been used as a water source for cattle during active grazing. S002 and S003 were an ephemeral channel and pond associated with the culvert drainage from the nearby Weld County Road 36. While located within the project boundary, actual mining operations have been designed to stay at least 200 feet away from the ephemeral features to minimize impacts. All features were dry at the time of field observation. The biological survey is attached as Exhibit H2. Pollution Protection Construction It is not anticipated that groundwater will be encountered during the construction stage. Although some deep footings will be cast during the construction of the mine operations facilities, including the processing plant buildings and final materials storage silos, it is believed that regional groundwater elevations are low enough to not be reached. If groundwater is encountered during the construction of the deep footings (estimated to be approximately 30-50 feet deep), a Subterranean Dewatering Discharge to Groundwater/Surface Water Permit will be obtained from CDPHE's Water Quality Control Division prior to the discharge of these waters from the footers. Due to the low regional groundwater level, groundwater should not be encountered during the construction of any of the operational building's pads. Stormwater runoff during the construction of the facilities will be managed by a temporary sediment basin that will capture and temporarily store runoff until it infiltrates and evaporates or may be pumped out and discharged to nearby undisturbed buffer areas. See Figure D1 Exhibit D for a typical pond cross section. The proposed location of the temporary sediment basin is shown on Figure D3. A Construction Stormwater General Permit will be obtained from CDPHE's Water Quality Control Division and a Storm Water Management Plan (SWMP) will be developed for this basin. The temporary sediment basin and construction area will be inspected at least once every two weeks and after each 24 -hour storm event of 0.15" or greater as discussed in the SWMP. The temporary sediment basin will either be reclaimed at the end of the construction stage or may be converted into a permanent non -discharging stormwater retention pond, if required. Operations The sand wash plant facilities have been designed to keep stormwater runoff from encountering the process water used within the facility's closed loop water system. Stockpiled materials and facility operating surfaces will be graded to direct stormwater runoff away from the site and onto nearby undisturbed buffer areas. Berms will be constructed around the fueling station, above ground fuel storage tank secondary containment, and ready line to direct runoff away from the area. Any stormwater runoff that falls directly in the fueling station and ready line area will be directed to a small settling pond that will allow the water to be inspected for potential hydrocarbons and treated, if necessary, and then discharged to nearby undisturbed buffer areas. All water temporarily captured by this settling pond will be released 2 back into the system within 72 hours. See Figure D2 Exhibit D for a typical settling pond cross section. The proposed location of the fueling station settling pond is shown on Figure D3. Berms at the top of the active mining areas will be used to direct stormwater runoff away from the active pit. Small settling ponds will be used to temporarily hold any stormwater runoff that gathers in the pit area. Stormwater will be removed through small pit sumps using a pump system that will be designed for the site. Settling ponds will be placed near the active mining operations as necessary throughout the life of the mine and will be reclaimed as part of the ongoing reclamation process as they are no longer needed. These settling ponds will be located far enough from the pit to ensure pit stability. Water pumped from the pits will be inspected for potential hydrocarbons and, if necessary, treated, and then water will be allowed to infiltrate or will be discharged to nearby undisturbed buffer areas. See Figure D2 Exhibit D for a typical settling pond cross section. See Exhibit D1 for a few conceptual locations of the settling ponds as mining operations progress. All stormwater ponds will be built and maintained to meet Colorado Department of Public Health and Environment's (CDPHE) regulations. Black Mountain will obtain a General Permit for Stormwater Discharges Associated with Sand and Gravel Mining and Processing, as needed, prior to any discharges. Construction and operations will be conducted with a Spill Prevention Control & Countermeasure (SPCC) Plan as well as Storm Water Pollution Prevention Plan (SWPPP). They will be inspected routinely for the presence of contamination and kept free of trash and debris, as described in the SWPPP. It is not anticipated that the mining operations will encounter groundwater in the mining pits. The mine plan has been designed to keep mining activities at least 2 feet above the known water table for each phase of mining, as recommended by the Colorado Division of Water Resources. If encountered during mining operations, Black Mountain will backfill the pit to 2 feet above the encountered water and modify its pit depth to remain at least 2 feet above the new water table level. Water levels taken from monitoring wells installed as part of Black Mountain's groundwater monitoring program, as discussed in Section 3.1.7 of Exhibit D, will be used to track and define the known water table throughout the life of the mine. The processing plant within the operation facilities will utilize water from existing water wells on adjacent property owned by Black Mountain Land Company, LP. The location of the water wells is shown on Figure D4 of Exhibit D. Recovery methods will be used to recycle and reuse as much water as possible. Water pumped from the wells will be stored in fresh water tank(s) at the facility. The plant has been designed to maximize water recycle to minimize the amount of water used overall. See the "Water Source and Supply" section below for more details. The majority of the processing will be in an enclosed facility. Raw plant feed material is wet screened as it first enters the processing facility. Oversized material will be transported to the backfill storage pile or backfilled directly into the pit. This material will be damp, with no free draining water. The raw plant feed will continue through size separation steps. Inert surfactants will be used in the process to assist in separating clay materials and feldspar from the industrial sands. A thickener will allow removed clay and feldspar solids to concentrate to a mud which is then pumped through a filter press membrane to remove solids and the water is then captured and recycled within the closed loop water system. Filtered solids will be handled with the oversized material in the backfill pile or directly backfilled into the pit. None of the backfill material will be free draining. Specialized containment areas (decant) designed to facilitate efficient draining of wet sand at the processing plant are proposed. All drained water will be captured and recycled in the closed loop system. These processes are designed to minimize evaporation and reduce the energy required to dry the sand. Water from the closed loop 3 system will not be discharged to the surface or groundwater systems. Two lined ponds will be available to ensure water is maintained within the processing system and not discharged. These pits will be built at grade and have berms to direct stormwater around and away from the ponds. They will not collect nor capture stormwater. See Section 3.1.7 of Exhibit D for pond details. Construction and operations will be conducted with a Spill Prevention Control & Countermeasure (SPCC) Plan as well as Storm Water Pollution Prevention Plan (SWPPP). Reclamation The damp backfilled material will be covered as part of the concurrent reclamation of the site. The fill will be contoured to promote stormwater runoff into natural drainages. Anticipated reclamation contours are shown in Exhibit F. Topsoil will be placed over the backfill then seeded. Once seeding has occurred, the reclamation area will not be irrigated. BMPs will be used as necessary to reduce erosion and sediment runoff until final stabilization occurs. Water Source and Supply The onsite facilities will use an estimated 600-800 gpm of fresh water. The plant has been designed to recycle the majority of its water to minimize total water usage/loss through the use of filter presses, a specialized decanting system in the wet sand storage building, and through a closed loop water system. A small amount of water loss will occur as the over/undersize and clay/feldspar materials are removed from the plant and as evaporation during final drying operations. Overall, the facilities will capture and reuse 95% of the water in its system. The water will be provided by existing water wells on adjacent property owned by Black Mountain Land Company, LP. Water storage tanks and a water line will be constructed from the wells to the facilities. The location of the wells, well permit numbers, and proposed pipeline route to transport the water to the site is shown on Figure D4 of Exhibit D. Since the water is already being withdrawn from the aquifer for agricultural use, there will be no new groundwater impacts from water withdrawals as a result of the operation. Black Mountain is in the process of transferring the water rights in these wells to multiple use. Proof of multiple use will be provided as soon as it is finalized. Potable water for the onsite drinking water and sanitary system will be purchased from Morgan County Quality Water District. Black Mountain is in the process of negotiating this agreement and will provide once it is finalized. National Pollutant Discharge Elimination System Black Mountain will apply for a National Pollutant Discharge Elimination System (NPDES) permit from CDPHE's Water Quality Control Division, if necessary. 4 CONFIDENTIAL Attachment G1 — Typical Borehole Results This confidential attachment has been removed per the allowance in Section 1.6.2(1)(c) of the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Minerals (Rules). A full copy of this application with confidential items has been submitted to the Colorado Division of Reclamation, Mining and Safety per the requirements of Section 1.4.5(2)(b) of the Rules. Exhibit H: Wildlife Information The Lost Creek Mine project area is located on private land in Weld County, Colorado. Weld County Road (WCR) 91 bisects the permit boundary area. The project area is approximately 6.0 miles west of the Town of Wiggins and approximately 10.5 miles east of the Town of Roggen. The Empire Reservoir is located northeast of the project area and the South Platte River is located approximately 2.5 miles north of the project area. In November 2018, a biological survey, which consisted of a wetland and waterbody delineation and federal and state -listed threatened and endangered species habitat assessment, was conducted on lands within the property boundary by TRC Environmental Corporation (TRC) under the direction of Black Mountain Sand DJ LLC (now Black Mountain Sand Weld LLC). The full Biological Survey Report is included as Exhibit H2. Game and Non -Game Resources The project area consists mostly of sand sagebrush with an understory of mid and short grasses and forbs. While some evidence of small animals, such as ground squirrels, mice, and fox and/or coyote burrows and holes were observed, no animals were actually observed in the area. No evidence of large game was observed during the biological survey. Based on TRC's evaluation, burrowing owls and habitat were determined to be in the area, as discussed below. Seasonal Use of Area The project area may be used by a variety of mammals, including mule deer, white-tailed deer, and pronghorn antelope, and birds, including songbirds and raptors, throughout the year. Mule deer severe winter range occurs in the northeastern portion of the project area, and a mule deer winter concentration area occurs immediately southeast of the project area. Pronghorn winter range occurs in the lower half of the project area and a pronghorn winter concentration area occurs immediately west of the project area. No bald or golden eagle winter roosts or nest sites are known to occur in the area. Federal Threatened and/or Endangered Species Exhibit H2 describes special status species on and in the vicinity of the application area. In consultation with the U.S. Fish and Wildlife Service (USFWS), three federally listed species (Mexican Spotted Owl, Colorado Butterfly Plant, and Ute Ladies' Tresses Orchid) were identified as having the potential to occur within the project area. An additional five federally listed species (Least Tern, Piping Plover, Whooping Crane, Pallid Sturgeon, and Western Prairie Fringed Orchid) were identified as being located outside the project area but still having the potential to be indirectly affected due to general water use within the South Platte River Basin. No other federally -listed species were identified as likely to be affected by project implementation. Based on TRC's assessment of each of the federally listed species' habitat requirements, range, and distribution, no suitable habitat was identified for the Mexican Spotted Owl, Colorado Butterfly Plant, or Ute Ladies' Tresses Orchid within the project boundary. Black Mountain Sand Weld LLC (Black Mountain), through its partner company Black Mountain Land Company, LP, currently has access to existing water rights from permitted water wells within the Lost Creek Basin. This water is currently used for agricultural and rangeland uses on privately owned lands within and adjacent to the project area on lands owned by Black Mountain Land Company, LP. Some water from the permitted water wells will be used at the processing plant and to control dust on haul roads; there will be 1 no change in the location of water withdrawal and no changes to the drawdown characteristics to the overall water system. Therefore, no increased effects are expected on the federal listed species outside the project area due to water related activities at the proposed project. State Threatened and/or Endangered Species The Colorado Parks and Wildlife (CPW) Threatened and Endangered Species List, attached as Exhibit H3, identifies 31 state -listed threatened and endangered species including 1 amphibian, 8 birds, 14 fish, and 8 mammals. Given the moderate complexity of this effort, a habitat suitability analysis was not performed for all 31 state -listed species. Instead biologists determined that only one state -listed species, the Western Burrowing Owl, listed by the USFWS as a Bird of Conservation Concern and by the state of Colorado as threatened, had the potential to occur within the project area. In July 2018, a suitable habitat assessment and species -specific survey was completed by Two Dot Consulting for Black Mountain for the Western Burrowing Owl. Their survey resulted in the identification of 11 individuals and approximately 35 acres of suitable habitat within the actual affected lands area. Construction of the processing facility and the initial mining operations are expected to commence in spring 2020 or as soon as all necessary approvals are obtained. Based on the 2018 survey, no burrowing owls have nested in this area within this initial disturbance area. A habitat survey will be conducted in spring 2019 to determine whether there is activity within the first phase of the operation. If there is activity in the construction area, Black Mountain will work with CPW to relocate any individuals. If it becomes necessary to conduct further mining operations within suitable habitat areas during nesting season, species -specific surveys will be performed no more than two weeks prior to construction and a 150 -foot buffer will be provided around any identified active burrows until such time as young fledge or are no longer present. The 35 acres of identified suitable habitat is located within the mining areas scheduled from mining years 21-30. As mining progresses into those areas, additional habitat surveys will be completed to identify any currently active areas. Black Mountain will work with CPW to relocate any individuals in active areas to the reclaimed areas as needed to minimize long-term effects to the species. The swift fox is listed as a state species of concern and is not afforded statutory protections. Consultation with the CPW to obtain a project -specific State -listed and Endangered Species list has been completed, and is attached as Exhibit H4. This list was compiled using a much larger initial area of approximately 17,000 acres and not all listed species are likely to be within the current project boundary of 1,796 acres. Migratory Bird and Treaty Act & Bald and Golden Eagle Protection Act Two migratory bird species, Bald Eagle and Lark Bunting, were identified as having the potential to be present within the project area. No nests were observed during the surveys; however suitable nesting and foraging habitat was observed throughout the survey area. Additional suitable nesting and foraging habitat is also present near the Empire Reservoir. General Effects of Proposed Operation on Existing Wildlife Overall, little to no long-term effects are anticipated from mining operations on existing wildlife in the area. Only Western Burrowing Owls were identified as being within the project area. Species -specific habitat surveys will be conducted prior to mining activities for each area to identify active burrows or nests and haul road routes will be built outside buffer areas when possible. As necessary based on the proposed mining schedule, Black Mountain will coordinate with CPW to relocate any individual Western Burrowing Owls identified within the active mining areas. 2 TRC Results you can rely on Biological Survey Report Black Mountain Sand Lost Creek Mine Version No. 01 Report Date: December 14, 2018 Prepared For: Black Mountain Sand 420 Commerce Street, Suite 500 Fort Worth, Texas 76102 Prepared By: TRC Environmental Corporation 1526 Cole Boulevard, Building 3, Suite 150 Lakewood, Colorado 80401 Biological Survey Report Black Mountain Sand - Lost Creek Mine TABLE OF CONTENTS Page 1.0 INTRODUCTION 2 2.0 SURVEY METHODOLOGIES 2 2.1 WETLANDS 2 2.2 WATERBODIES 2 2.3 VEGETATION AND LAND USE 3 2.4 SPECIAL STATUS SPECIES 3 3.0 SURVEY RESULTS 3 3.1 SITE CHARACTERIZATION AND VEGETATION RESOURCES 3 3.2 WETLANDS AND WATERBODIES 4 3.3 SPECIAL STATUS SPECIES 4 3.4 MIGRATORY BIRDS 4 4.0 CONCLUSIONS AND RECOMMENDATIONS 5 4.1 WETLANDS AND WATERBODIES 5 4.2 SPECIAL STATUS SPECIES 5 4.3 MIGRATORY BIRDS 6 5.0 REFERENCES 7 LIST OF APPENDICES Appendix A: Figures Appendix B: Representative Photographs Appendix C: Data Forms TRC Page I i Biological Survey Report Black Mountain Sand — Lost Creek Mine 1.0 INTRODUCTION TRC Environmental Corporation (TRC) was contracted by Black Mountain Sand to perform a biological survey for the proposed Lost Creek Mine Project (Project) The proposed Project is located on private land with access to Interstate 76 to the north, and Highway 34 to the south, approximately 5.1 miles west of the Town of Wiggins in Weld County, Colorado (Figure 1, Appendix A). A biological survey, which consisted of a wetland and waterbody delineation and federal and state -listed threatened and endangered species habitat assessment, was conducted within the entirety of the 3,069 - acre survey area. The biological survey was conducted on November 14, 2018 by two qualified ecologists/botanists (Ms. Allie Cornell and Ms. Erin Bergquist). This report summarizes survey methodologies specific to each biological resource, survey results, and recommendations associated with agency coordination and potential permit acquisition. 2.0 SURVEY METHODOLOGIES 2.1 WETLANDS The wetland delineation and determination was based on the criteria and methods described in the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Great Plains Region Version 2.0 (U.S. Army Corps of Engineers [USACE] 2010), United States Corps of Engineers Wetlands Delineation Manual Technical Report Y-87-1 (USACE 1987), and subsequent guidance documents (USACE 1991a,b; 1992). The use of available resources including the U.S. Geological Survey (USGS) National Hydrography Dataset (NHD) (USGS 2018); USGS topographic maps (USGS 2016a, b); U.S. Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) soil surveys (USDA NRCS 2018a); U.S. Fish and Wildlife Service (USFWS) National Wetland Inventory (NWI) mapping (USFWS 2018a); and aerial photography were used to assist in the wetland delineation and determination. On -site wetland determinations were made using the three -criteria (vegetation, soil, and hydrology) and technical approach defined in the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Great Plains Region Version 2.0 (USACE 2010). According to procedures described therein, areas that under normal circumstances reflect a predominance of hydrophytic vegetation, hydric soils, and wetland hydrology (e.g., inundated or saturated soils) are considered wetlands. The geospatial boundary of each wetland was captured utilizing a Trimble GeoXH global positioning system (GPS) unit. All wetland features were assigned a unique feature identification (ID) number with a "W" prefix. A Wetland Determination Data Form was completed for each wetland and its associated upland. Representative photos were taken of all identified features including the wetland and upland soil pit profiles. 2.2 WATERBODIES Waterbodies were identified by the presence of bed and bank or other ordinary high water mark (OHWM) indicators. Common identifiable indicators of an OHWM include open water or evidence of a clear, natural line visible on the bank; shelving; changes in soil characteristics; disturbance to, or lack of, terrestrial vegetation; presence of litter and debris; and watermarks indicative of inundation during high water conditions. The OHWM typically represents the potential limits of USACE jurisdiction. The geospatial boundary of each waterbody was captured utilizing a Trimble GeoXH GPS unit. All waterbody features C TRC Page 12 Biological Survey Report Black Mountain Sand — Lost Creek Mine were assigned a unique feature ID number with a "S" prefix. A Waterbody Data Form was completed for each waterbody. Representative photos were taken of all identified features. 2.3 VEGETATION AND LAND USE Vegetation communities and land use cover types were documented within the survey area. Representative grass, forb, and shrub species were identified within each vegetation cover type. The scientific and common names included herein are consistent with the current nomenclature used by the USDA NRCS PLANTS database (USDA NRCS 2018b). 2.4 SPECIAL STATUS SPECIES In consultation with the USFWS, three federally listed threatened species (Mexican spotted owl, Colorado butterfly plant, and Ute ladies' -tresses orchid) were identified as having the potential to occur within the survey area. In addition, five federally listed threatened and endangered species (least tern, piping plover, whooping crane, pallid sturgeon, and western prairie fringed orchid) were identified as having the potential to be indirectly impacted as a result of any water -related activities/use within the South Platte River Basin during Project implementation (USFWS 2018b). The Colorado Parks and Wildlife (CPW) Threatened and Endangered Species List (CPW 2018) identifies 31 state -listed species including 1 amphibian, 8 birds, 14 fish, and 8 mammals as having the potential to occur within the State of Colorado. In lieu of consultation with the CPW prior to field surveys, TRC determined that one state -listed species (burrowing owl) has the potential to occur within the survey area. A suitable habitat assessment was conducted throughout the survey area for the aforementioned federal and state - listed species. Suitable habitat was quantified as either "low", "moderate", "high", or "none" based on how the survey area met each species' habitat requirements. The geospatial boundary of suitable habitat was captured utilizing a Trimble GeoXH GPS unit. All habitat features were assigned a unique feature ID number with an "H" prefix. Representative photos were taken of areas identified as suitable habitat. 3.0 SURVEY RESULTS The results of the biological survey are presented as follows. All features identified within the survey area are illustrated in Figure 2 (Appendix A); representative photographs and data forms are provided in Appendices B and C, respectively. 3.1 SITE CHARACTERIZATION AND VEGETATION RESOURCES The survey area is characterized as a sand sagebrush (Artemisia filifolia) prairie interspersed with areas of bare ground where disturbances such as former stock ponds, cattle congregation areas, cattle trails, and two -track access roads have occurred. The sand sagebrush prairie vegetation cover type is composed of an overstory of lightly -grazed sand sagebrush, an understory of mid- and short grasses, and scattered forbs. Grass and forb species observed within the survey area include blue grama (Bouteloua gracilis), buffalograss (B. dactyloides), needle -and -thread (Hesperostipa comata), sand dropseed (Sporobolus cryptandrus), Indian ricegrass (Oryzopsis hymenoides), little bluestem (Schizachyrium scoparium), prairie sandreed (Calamovilfa longifolia), purple threeawn (Aristida purpurea), tall tumblemustard (Sisymbrium altissimum), stinkgrass (Eragrostis cilianensis), soapweed yucca (Yucca glouca), plains pricklypear C TRC Page 13 Biological Survey Report Black Mountain Sand — Lost Creek Mine (Opuntia polyacantha), and milkvetch (Astragalus sp.). Shrub and subshrub species observed within the survey area include sand sagebrush and prairie sagewort (Artemisia frigida). 3.2 WETLANDS AND WATERBODIES Based on field observations, three ephemeral waterbodies (S001, S002, and 5003) were identified within the survey area. 5001, totaling approximately 0.1 acre, was characterized as a man-made stock pond used as a water source for cattle during active grazing operation. 5002, totaling approximately 55 linear feet, was characterized as an ephemeral channel extending to the south of the culverted drainage associated with the adjacent two -track access road. 5003, totaling approximately <0.1 acre, was characterized as an ephemeral pond extending to the north of the culverted drainage associated with the adjacent two -track access road. All features were dry at the time of survey and are expected to only hold water for a short duration after a rainfall event. No wetlands were observed within the survey area. 3.3 SPECIAL STATUS SPECIES The USFWS identified three federally listed species (Mexican spotted owl, Colorado butterfly plant, and Ute ladies' -tresses orchid) as having the potential to occur within or adjacent to the Project (USFWS 2018b). Based on an assessment of each species' habitat requirements, range, and distribution, no suitable habitat for the Mexican spotted owl, Colorado butterfly plant, or Ute ladies' -tresses orchid was identified within the survey area. If water -related activities/use that would affect the South Platte River Basin would occur as a result of Project implementation, indirect impacts to five federally listed species (least tern, piping plover, whooping crane, pallid sturgeon, and western prairie fringed orchid) may occur. In lieu of consultation with CPW prior to field surveys, TRC determined that one state -listed species (burrowing owl) has the potential to occur within the survey area. Two Dot Consulting conducted a suitable habitat assessment and species -specific survey in July 2018. A total of 46 individuals, and 153 acres of suitable habitat, was identified (Two Dot Consulting 2018). No additional suitable habitat was identified within the survey area. Small burrows and holes, indicative of Wyoming ground squirrels, mice, and swift fox and/or coyote were present throughout the survey area. 3.4 MIGRATORY BIRDS Birds and raptors are protected pursuant to the Migratory Bird Treaty Act (META) and Bald and Golden Eagle Protection Act (BGEPA). However, provisions for the take of migratory birds that are unintentionally killed or injured during Project work was changed in December 2017 to state that actions that incidentally result in migratory bird death and injury (known as "incidental take") are permissible as long as no other laws are broken. In response, eight states filed litigation challenging this change in September 2018. The litigation is still on -going. Several migratory bird species are also Colorado state -protected species, including the burrowing owl. Any Project work must comply with the BGEPA and implement measures to avoid incidental take, as well as Colorado regulations for state -protected species. Due to the uncertainty surrounding the change in the L TRC Page l 4 Biological Survey Report Black Mountain Sand — Lost Creek Mine MBTA direction and subsequent litigation, for future projects, TRC recommends that Project activities be conducted to follow historic interpretations of the MBTA. The USFWS identified two migratory bird species (bald eagle and lark bunting) that may be present within the survey area (USFWS 2018b). Based on field observations, no nests were observed within the survey area; however, suitable ground nesting and foraging habitat is present throughout the survey area. In addition, suitable nesting and foraging habitat for the bald eagle and other raptors is present at Empire Reservoir, which is located approximately 1,000 feet north of the survey area. Based on Colorado Natural Heritage Program (CNHP) data, three bald eagle element occurrence records are present around Empire Reservoir; these range in distance from approximately 920 to 9,000 feet from the survey area (CNHP 2018). 4.0 CONCLUSIONS AND RECOMMENDATIONS On November 14, 2018, TRC biologists conducted a biological survey within the Lost Creek Mine survey area in Weld County, Colorado. Based on field observations, the following biological resources were identified within the survey area: • Two (2) ephemeral ponds (totaling approximately 0.1 acre), • One (1) ephemeral drainage (totaling approximatly 55 feet), • Swift fox and/or coyote dens and other small mammal burrows. 4.1 WETLANDS AND WATERBODIES The USACE criteria for jurisdictional determinations for waterbodies includes the continuous presence of a defined bed and bank, or evidence of an OHWM and a downstream connection to other jurisdictional waterbodies. Based on aerial review and on -site determination, the water resources identified within the survey area are isolated/non-jurisdictional, and as such, no permit would be required. However, the ultimate decision on jurisdiction rests with the USACE. Consultation with the USACE Omaha District is recommended to verify the findings presented in this report and to determine if permitting would be required. 4.2 SPECIAL STATUS SPECIES If water -related activities/use that would affect the South Platte River Basin would occur as a result of Project implementation, indirect impacts to five federally listed species (least tern, piping plover, whooping crane, pallid sturgeon, and western prairie fringed orchid) may occur. Coordination with the USFWS Colorado Ecological Services Field Office is recommended to verify these findings. If impacts are expected due to water depletion and no federal nexus is triggered, technical assistance from the USFWS would be required. Submittal of a Habitat Conservation Plan (HCP), with an application for an Incidental Take Permit (ITP), would be required. If the Project would involve a federal nexus, and impacts due to water depletion are expected, the agency involved would initiate consultation with the USFWS and submit a Biological Assessment (BA) to the USFWS. USFWS would then issue a Biological Opinion (BO) on the Project's effects, and any conservation measures required. To minimize impacts to the burrowing owl, TRC recommends that construction be scheduled to commence outside of the nesting season (March 15 -November 1). If construction is to occur within the TRC Page 15 Biological Survey Report Black Mountain Sand — Lost Creek Mine nesting season, species -specific surveys should be performed within suitable habitat no more than two weeks prior to construction. If species are identified, a 150 -foot avoidance protection buffer should be applied around the identified burrows, until such time that the young have fledged or are no longer present. The swift fox is listed as a state species of concern, which does not afford statutory protection; however, the CPW may provide recommendations for impact minimization, as such, coordination with the CPW is recommended. 4.3 MIGRATORY BIRDS Measures to comply with federal regulatory rules for the BGEPA include scheduling vegetation removal, trimming, and/or grading of vegetated areas outside of the peak bird breeding or roosting seasons. When Project activities cannot occur outside the bird nesting season, surveys should be conducted prior to scheduled activity to determine if active nests are present within the area of impact. Generally, the surveys should be conducted no more than seven days prior to scheduled activity. If found, no disturbance is permitted, however; buffers could be identified around nests to avoid impacts. For the other migratory birds, if construction activities occur within the nesting season, TRC recommends that focused migratory bird and raptor surveys be conducted to identify active nests within the survey area. If nests are identified, additional avoidance or impact minimization measures may be required during construction. C TRC Page 16 Biological Survey Report Black Mountain Sand — Lost Creek Mine 5.0 REFERENCES Colorado Natural Heritage Program (CNHP). 2018. Colorado Natural Heritage Program Conservation Data (PCA, Observation Polygons, Colorado Parks and Wildlife (CPW). 2018. Threatened and Endangered Species List. Accessed on November 12, 2018 at: http://cpw.state.co.us/learn/Pages/SOC-Threatened EndangeredList.aspx. Two Dot Consulting. 2018. Black Mountain Sand DJ LLC — Burrowing Owl Survey Summary. U .S. Army Corps of Engineers (USACE). 2010. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Great Plains Region (Version 2.0), ed. J. S. Wakeley, R. W. Lichvar, and C. V. Noble. ERDC/EL TR-10-1. Vicksburg, MS: U.S. Army Engineer Research and Development Center. . 1992. "Clarification and Interpretation of the 1987 Manual," Memorandum from Major General Arthur E. Williams. March 6, 1992. . 1991a. "Questions & Answers on the 1987 Manual," Memorandum from John F. Studt. October 7, 1991. 1991b. "Implementation of the 1987 Corps Wetland Delineation Manual," Memorandum from John P. Elmore. August 27, 1991. . 1987. Corps of Engineers Wetlands Delineation Manual. U.S. Army Corps of Engineers, Waterways Experiment Station, Wetlands Research Program, Technical Report Y-87-1. Vicksburg, MS. January 1987 - Final Report. 92 pp. + app. U .S. Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS). 2018a. Soil Survey Division, Web Soil Survey. Accessed on November 12, 2018 at: http://websoilsurvey.nres.usda.gov/app/. 2018b. PLANTS Database. Accessed on December 6, 2018 at: http://plants.usda.gov/java/. U.S. Fish and Wildlife Service (USFWS). 2018a. National Wetland Inventory Mapper. Accessed on November 12, 2018 at: http://www.fws.gov/wetlands/Data/Mapper.html. . 2018b. Letter correspondence from the USFWS Colorado Ecological Services Field Office providing list of threatened and endangered species that may occur in the proposed project location, and/or may be affected by your proposed project (Consultation Code: 06E24000- 20190SL1-0133). November 12, 2018. U .S. Geological Survey (USGS). 2018. National Hydrography Dataset. Accessed on December 2018 at: http://nhd.usgs.gov/. . 2016a. Topographic relief map for Masters Quad. Accessed on November 12, 2018. . 2016b. Topographic relief map for Omar Quad. Accessed on November 12, 2018. C TRC Page 7 Biological Survey Report Black Mountain Sand — Lost Creek Mine APPENDIX A FIGURES C TRC .Clt 1 � ,J / O U \ '46.5 -,-C4i1ake Canal fd, tike Cana •ee • 1 a Y1 4 Den wet BASE MAP FROM USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE SERIES. 1 ' - 2,500' 1:30,000 Project Boundary 4 t` • t r REGIONAL OVERVIEW Cheyenne SITE LOCATION Colorado) C TRC 1526 Cole Boulevard Building 3, Suite 150 Lakewood, CO 80401 Phone 303.792.0122 771( •''2C„E CT BLACK MOUNTAIN SAND LOST CREEK MINE WELD COUNTY, COLORADO DRAWN BY S. EDMONDS NECKED BY A. CORNELL APPROVED BY M. HAZLETON PROJECT LOCATION DATE DECEMBER 2018 aROJ No 314214 LE Figure1 proiec'Location_8x11P.mxe FIGURE 1 SA1-PROJECTSIBtackMountanSand1WeldCoCO1314214figurel Prelectocabon-8x11P.mxa - Saved By SEDMONDS on 1215'21318. 10 31 06 A41 0 7, S001 LEGEND Project Boundary Waterbody BASEMAP IMAGERY FROM ESRI / Digital Globe (2017) 0 100 200 IFeet 11.200 1•.100. ecte, BLACK MOUNTAIN SANO LOST CREEK MINE WELD COUNTY, COLORADO ring BIOLOGICAL SURVEY RESULTS tnunn e• S. EnMaNS A CORRELL U<Vl D N YO M. w1pE/ ON wn DECEMBER 201! onOi.q 114214 FIGURE 2 Page 1 of 2 CTRC 1528 Colo Boulovare BuIbileg 3. Suite 150 Lakewood. CO 80401 Phone: 303.792 5555 1.11•0 rq,,,e) ieswum "I' m.c c 2a Ece Si n kr 5 S S a if LEGEND Project Boundary Waterbody 0 100 200 i Feat 1 1.200 1 • 100 BASEMAP IMAGERY FROM ESRI ! Digital Globe (2017) BLACK MOUNTAIN SAND LOST CREEK MINE WELD COUNTY, COLORADO BIOLOGICAL SURVEY RESULTS AM6• it000 n AAO ON, OAR S EDMONDS A CORNELL M. HALLE1CN DECEMBER MIS P140.1141 14211 FIGURE 2 Page 2 of 2 CTRC 1528 Cob Boulevard Building 3, Suite 150 Lakewood, CO 80401 Phone 303 792.5555 • al AO Fign2.Rmourca 114111. ad Biological Survey Report Black Mountain Sand — Lost Creek Mine APPENDIX B REPRESENTATIVE PHOTOGRAPHS �� TRC Appendix B Representative Photographs Photo 1 (S001) Facing West Photo 2 (5002) Facing Upstream (North) Project No. Photographs Taken By: Page No. Client: Project Name r� TRC 314214 A. Cornell and E. Bergquist 1 of 3 Black Mountain Sand Weld County Appendix B Representative Photographs Photo 3 (S002) Facing Downstream (South) Photo 4 (S002) Top of Bank (West) Project No. Photographs Taken By: Page No. Client: Project Name TRC en 314214 A. Cornell and E. Bergquist 2 of 3 Black Mountain Sand Weld County Appendix B Representative Photographs Photo 5 (5003) Facing North Project No. Photographs Taken By: Page No. Client: Project Name r TRC 314214 A. Cornell and E. Ber gquist 3 of 3 Black Mountain Sand Weld County Biological Survey Report Black Mountain Sand — Lost Creek Mine APPENDIX C DATA FORMS TRC WATERBODY DATA FORM Z Centerline ^'Re -Route Access Road = Ancillary Facility %%Othe Stream/VVaterbody Name (if known): Date: 11 Tw i Investigators: c ti „ v•-) Logbook No.: PHYSICAL ATTRIBUTES Waterbody Sketch Plan Please Include. Directional & North Arrow. Centerline, Length of feature Survey corridor , Distances from Centerline, Photo Locations, and A - Project Name & No.: vl State/County: L • gbook Page No.: - -- Tract No.: Feature ID Lr / Associated Wetland ID #: I Milepost: Quad Name: Picture No.:(D An • le of Crossin Waterbody Type Stream Flow Subsurface Flow? OHWM Width (ft_): I Stream Width (ft.) Stream Depth (in.) � f OHWM Indicator 2 --},•4 A-ct S Inc k f en at Centerline: NK Lake pon� Borrow Pit Fast Moderate Very Slow i Slew one ° Unknown Top of Bank (at crossing location): 0-3 3-66-12 Clear natural line on bank brupt plant community orange Soil character changes Litter and debris Bank Height (ft.) (looking downstream) Bank Slope (looking downstream) Let )( 0-2 Right X 04 w8 x4:1 4:1 River Flow type l o `l., 6 pktvt—o ref — Stream Ag. Ditch Other: Perennial (Flows year round) Seasonal (Continuous flow ≥ 3 months) Intermittent (Flows <3 months) kphemer45(Flows only in response to rainfall) Sinuosity p Straight 12-18 Wrack line X Bent, matted or missing vegetation Sediment deposition Leaf litter disturbed Water Surface (at crn_c_sing location): 18-24 2-4 2-4 3:1 3:1 4-6 4-6 2:1 2:1 Meandering (.) Direction of Flow where it crosses CL: — (N, NE, E, SE, S, SW, W. NW) 24-36 3648 48-60 Shelving Wrested vegetation Sediment sorting Other - 6 -8 6-8 1:1 1:1 60+ X Scour A Water staining 8+ 8+ Vertical Vertu! 1 Project Name & No.: ALITATIVE ATTRIBUTES eater Appearance (check all that apply) Riparian Zone Invertebrates: WidtWidth of natura/ vegetation v zone from edge of a vegetative layers_ trees s dive channel out onto flood Circle S ' ific ant bare areas within shrubs herbs Plain: Natural rthin riparian zone (ft? Channetiz / Artificial (Man -Made Evidence of non -buffered concentrated n/Braidin • Unnatural Mani. utat� bows strai htenin. Zone Waste discharge Downcuttin Livestock access to riparian 9e pipes present Silts_ Concrete Other: Explain. Turbid Very Turbid Cobbles Muck Sand Bar Gravel Bar Gravel Riffles Mud Bar Deep Pools Undercut Banks Bank root systems Waterfowl Overhanin. treesrshrubs Snakes Fish (adult) Fish Guvenite) Feature ID #:` I 4 Vv -6—b p Bedrock Vegetation: In -stream emergent plants: 1n -stream submerged ants: Fringing Wetlands Milepost - dater Color: �sivn potential ac c_ec.S Excessive bank erosion 1 'RBODY DATA FORM PHYSICAL ATTRIBUTES Waterbod Sketch Plan "Re -Route Access Road JVVaterbody Name (if known' Logbook No.: 0 Ancillary Facility AOther: Date: ( ei Project Name Investigators: ct-v-tet -et No.: S State/County; Lo • b • ok Page No.: - c --o � VJ� ( d Tract No... Omer Associated Wetland iD #: Picture No,:p u • Please include: Directional & North Arrow, Centerline, t- , , Survey corridor ne, Length of feature, Distances from • om Centerline, Ph oot Lo �---- fJ cations, and 0 CAA I VP-./+-_ An • le of Crossin • at Centerline: Waterbody Type Stream Flow Subsurface Flow? OHWM Width (ft.): Stream Width (ft-) Stream Depth (in.) OHWM Indicator Bank Height (ft..) (looking downstream) Bank Slope (looking downstream) Lake pond Borrow Pit Fast Moderate Very Slow Yes Xgo Unknown Stow None Top of Bank (at crossing location: 0-3 3-6 6-12 Clear natural fine on bank 'Abrupt plant community change Soil character changes Litter and debris Left: 0-2 Right X°-2 4:1 Right 4:1 River )k Stream Flow type Sinuosity 12-18 Wrack line ,X Bent, matted or missing Vegetation Sediment deposition Leaf litter disturbed Ag' Ditch Other: Perennial (Flows year round) Seasonal (Continuous flow ≥ 3 months) intermittent (Flows <3 months) 7ephemeral (Flows only in response to rainfall? Milepost: Quad Name: OVIel 2s —C raight Water Surface (at crossing location): (_.) 1 18-24 2-4 2-4 A 3:1 )(3:1 4-6 4-6 2:1 2:1 24-36 36-48 46-60 Shelving Wrested vegetation Sediment sorting Other. k- C Meandering Direction of Flow where it crosses CL: _ (N, NE, E, SE, S, SW, W, NW) 6-8 6-8 1:1 1:1 60+ X Scour Water staining 8+ 8+ Vertical Vey Page 2 of 2 Date: 7 I 1/4--1 I if Project Name & Nc. QUALITATIVE ATTRIBUTES Water Appearance Clear (check all that apply) Slightly Turbid P\1 A - Stream Substrate % Aquatic Habitats (check all that apply) Aquatic Organisms Observed (check all that apply) Nj pc Riparian Zone Tributa IS Channel Condition: Disturbances Other Turbid Very Turbid Sifts Concrete Other. Explain: Sand Bar Gravel Bar Mud Bar Undercut Banks Waterfowl Snakes Cobbles Muck ��. TRC !2°a or Vas can .air a► Feature ID #: 1 A - ti ) C O L� � Milepost: -- Sheen on surface Greenish color Grave,' Riffles Deep Pools Bank root systems Overhanin. trees/shrubs Fish (adult) Fish juvenile) Bedrock_ Vegetation: Turtles Frogs Floating algal mats Obvious surface scum Vlfater Color: SandsSi Gravel In -stream emergent plants: In -stream submerged plants: Fringing Wetlands: Other: invertebrates: Width of natural vegetation zone from edge of active channel out onto flood plain Circle vegetative layers: trees shrubs )(herbs Si.nificant bare areas within riparian zone Natural Artificial (Man -Made ChannelizatioNBraidi Mani. utated Unnatural strai htenin Downcuttin. Livestock access to riparian zone Dikes/Berms Waste discharge pipes Manure in stream or on barks 9 P P present Other- C cA I Descnbe Habitat Characteristics A• uatic & Terrestrial Divers' • . O Evidence of non -buffered concentrated flows =xcessive bank erosion f Habitat ID No.: C- j ?CC.); t ° \ 0W3/4 +NJ S (11--? -r Se 045e) err Senith aIn anA 10 -t Commentsie.g, pipeline crossin angle, construction constraints. erosion STREAM QUALITY H'. h Moderate otential, existin • disturbances and meanders c (` �c c.pSS rZ ✓t Lai-- WATERBODY DATA FORM TRC PHYSICAL ATTRIBUTES Waterbody Sketch Plan Please include: Directional & North Arrow, Centerline, Length of feature. Distances from Centerline, Photo Locations, and Survey corridor Centerline -"Re-Route 2 Access Road p Ancilaw Facility ;Lbmer Stream/Waterbody Name (if known): Date: %) LA J I $• Project Name & No.: gfv‘ Investigators: C:.ornr.�t a- � ��-� ,.� � 1 State/County: co wp Logbook No.: - 1 Logbook Page No.: — 1 Tract No.: - Feature ID #: 5iA UV UO_j Associated Wetland ID #: vA. Milepost: Quad Name: Picture No.: J n/1 anr' Nik G - --1-•ra Angle of Crossing at Centerline: Waterbody Type Lake Ni,„ Pond Borrow Pit Stream Flow l� onotmo C River Stream Ag. Ditch Other: Subsurface Flow? OHWM Width (ft.): Stream Width (ft) Fes. Moderate Slow Very Slow k• None Stream Depth (in.) Yes x No t_L) Unknown Top of Bank (at crossing location): 0-3 3-6 5-12 OHWM Indicator XClear natural line on bank Bank Height (ft.) (looking downstream) Bank Slope (looking downstream) Flow type Sinuosity Perennial (Flows year round) Seasonal (Continuous flow z 3 months) Intermittent (Flows <3 months) AEphemeral (Flows only in response to rainfall) I Straight Meandenng Direction of Flow where d crosses CL. (N, NE, E, SE. S, SW, W, NW) 12-18 Water Surface (at crossing location): I / J � 18-24 24-36 36-48 48-60 60+ Abrupt plant community change Soil character changes Litter and debris Left: N Q-2 Right_ K0-2 Left k4:1 fight K4:1 Wrack line ) Bent, matted or missing vegetation Sediment deposition Leaf litter disturbed Shelving Wrested vegetation Sediment sorting Other: k Scour `hater staining 2-4 2-4 4-6 6-8 6-8 8+ 8+ 3:1 2:1 3:1 2:1 1:1 ?:1 Vertical Vertical Page 2 of 2 Date: I 1 ‘z Feature ID #: \A) c d d Project Name & No.: QUALITATIVE ATTRIBUTES D vy1 S Milepost Water Appearance (check all that ►V apply) ( Clear Turbid Sheen on surface Floating algal mats Water Color: Slightly Turbid Very Turbid Greenish color Obvious surface scum Other. Stream Substrate % Silts Cabbies Bedrock Sands 1 L.> cm Gravel Concrete Muck Vegetation: Other. Explain: Aquatic Habitats (check all that apply) XSand Bar Gravel Riffles In -stream emergent plants: Gravel Bar Deep Pools In -stream submerged plants Mud Bar Bank root systems Fringing Wetlands: Undercut Banks Overhanging trees/shrubs Aquatic Organisms Observed (check all that apply) NI pc Waterfowl Fish (adult) Turtles Other. Snakes Fish Guvenile) Frogs invertebrates: Riparian Zone Width of natural vegetation zone from edge of active channel out onto flood plain Circle vegetative layers: trees shrubs Aherbs Significant bare areas within nparian zone Evidence of non -- , (ft) -buffered concentrated flows Tributary is Natural )( Artificial (Man -Made) Manipulated 1 Channel Condition: Channelization/Braiding Unnatural straightening Downcutting Dkhes/Berms Excessive bar* erosion Disturbances Livestock access to riparian zone Waste discharge pipes present Manure in stream or on Other. CAA ,\/e`✓ A-,' banks A GIIlo'i-ki1aer-- Describe Habitat Characteristics, Aquatic & Terrestrial Dimity: w e lArl d cklert-c l s P� �' 0\--Y1 le< b n ort c-c/vi �`�1ocii"ly a c rig Habitat ID No.: Comments (e.g. pipeline crossing angle, construction constraints, erosion potential, existing disturbances, and meanders) STREAM QUALITY High Moderate x Low COLORADO PARKS & WILDLIFE Threatened and Endangered List COMMON NAME SCIENTIFIC NAME STATUS* AMPHIBIANS Boreal Toad Bufo boreas boreas SE Couch's Spadefoot Scaphiopus couchii SC Great Plains Narrowmouth Toad Gastrophryne olivacea SC Northern Cricket Frog Acris crepitans SC Northern Leopard Frog Rana pipiens SC Plains Leopard Frog Rana blairi SC Wood Frog Rana sylvatica SC BIRDS American Peregrine Falcon Falco peregrinus anatum SC Bald Eagle Haliaeetus leucocephalus SC Burrowing Owl Athene cunicularia ST Columbian Sharp -Tailed Grouse Tympanuchus phasianellus columbianus SC Ferruginous Hawk Buteo regalis SC Greater Sage Grouse Centrocercus urophasianus SC Greater Sandhill Crane Grus canadensis tabida SC Gunnison Sage -Grouse Centrocercus minimus FT, SC Least Tern Sterna antillarum FE, SE Lesser Prairie -Chicken Tympanuchus pallidicinctus ST Long -Billed Curlew Numenius americanus SC Mexican Spotted Owl Strix occidentalis lucida FT, ST Mountain Plover Charadrius montanus SC Plains Sharp -Tailed Grouse Tympanuchus phasianellus jamesii SE Piping Plover Charadrius melodus circumcinctus FT, ST Southwestern Willow Flycatcher Empidonax traillii extimus FE, SE Western Snowy Plover Charadrius alexandrinus SC Western Yellow -Billed Cuckoo Coccyzus americanus SC Whooping Crane Grus americana FE, SE FISH Arkansas Darter Etheostoma cragini ST Bonytail Gila elegans FE, SE Brassy Minnow Hybognathus hankinsoni ST Colorado Pikeminnow Ptychocheilus Lucius FE, ST Colorado River Cutthroat Trout Oncorhynchus clarki pleuriticus SC Colorado Roundtail Chub Gila robusta SC Common Shiner Luxilus cornutus ST Flathead Chub Platygobio gracilus SC Greenback Cutthroat Trout Oncorhynchus clarki stomias FT, ST Humpback Chub Gila cypha FE, ST Iowa Darter Etheostoma exile SC Lake Chub Couesius plumbeus SE Mountain Sucker Catostomus playtrhynchus SC Northern Redbelly Dace Phoxinus eos SE Plains Minnow Hybognathus placitus SE Plains Orangethroat Darter Etheostoma spectabile SC Rio Grande Chub Gila pandora SC Rio Grande Cutthroat Trout Oncorhynchus clarki virginalis SC Rio Grande Sucker Catostomus plebeius SE Razorback Sucker Xyrauchen texanus FE, SE Southern Redbelly Dace Phoxinus erythrogaster SE Stonecat Noturus flavus SC Suckermouth Minnow Phenacobius mirabilis SE MAMMALS Black -Footed Ferret Mustela nigripes FE, SE Black -Tailed Prairie Dog Cynomys ludovicianus SC Botta's Pocket Gopher Thomomy bottae rubidus SC Gray Wolf Canis lupus FE, SE Grizzly Bear Ursus arctos FT, SE Kit Fox Vulpes macrotis SE Lynx Lynx canadensis FT, SE Northern Pocket Gopher Thomomys talpoides macrotis SC Preble's Meadow Jumping Mouse Zapus hudsonius preblei FT, ST River Otter Lontra canadensis ST Swift fox Vulpes velox SC Townsend's Big -Eared Bat Corynorhinus townsendii pallescens SC Wolverine Gulo gulo SE REPTILES Triploid Checkered Whiptail Cnemidophorus neotesselatus SC Midget Faded Rattlesnake Crotalus viridis concolor SC Longnose Leopard Lizard Gambelia wislizenii SC Yellow Mud Turtle Kinosternon flavescens SC Common King Snake Lampropeltis getula SC Texas Blind Snake Leptotyphlops dulcis SC Texas Horned Lizard Phrynosoma cornutum SC Roundtail Horned Lizard Phrynosoma modestum SC Massasauga Sistrurus catenatus SC Common Garter Snake Thamnophis sirtalis SC MOLLUSKS Rocky Mountain Capshell Acroloxus coloradensis SC Cylindrical Papershell Anodontoides ferussacianus SC *Status Codes • FE = Federally Endangered • FT = Federally Threatened • SE = State Endangered • ST = State Threatened • SC = State Special Concern (not a statutory category) Resources • Species Profiles Colorado's State Wildlife Action Plan (SWAP) The approved State Wildlife Action Plan identifies priority species Et habitats that need conservation efforts in the state, Et potential conservation actions that can address threats these species Et habitats face. » Read More United States Department of the Interior FISH AND WILDLIFE SERVICE Colorado Ecological Services Field Office Denver Federal Center P.O. Box 25486 Denver, CO 80225-0486 Phone: (303) 236-4773 Fax: (303) 236-4005 http://www.fws.gov/coloradoES http://www.fws.gov/platteriver In Reply Refer To: Consultation Code: 06E24000-2018-SLI-1560 Event Code: 06E24000 -2018-E-04333 Project Name: Black Mountain Sand September 25, 2018 Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq. ), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered 09/25/2018 Event Code: 06E24000 -2018-E-04333 2 species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq. ), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/ comtow.html. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • USFWS National Wildlife Refuges and Fish Hatcheries • Migratory Birds • Wetlands 09/25/2018 Event Code: 06E24000 -2018-E-04333 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Colorado Ecological Services Field Office Denver Federal Center P.O. Box 25486 Denver, CO 80225-0486 (303) 236-4773 09/25/2018 Event Code: 06E24000 -2018-E-04333 2 Project Summary Consultation Code: 06E24000-2018-SLI-1560 Event Code: 06E24000 -2018-E-04333 Project Name: Black Mountain Sand Project Type: MINING Project Description: Black Mountain Sand pis proposing to mine sand for uses in the oil and gas industry. The Project will be conducted within an area that covers approximately 17,000 acres. Project details and the specific disturbance area are not known at this time. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/40.24366079492649N104.17833387852474W E more 1 Raise rwo H Counties: Weld, CO 09/25/2018 Event Code: 06E24000 -2018-E-04333 Endangered Species Act Species There is a total of 8 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. Note that 5 of these species should be considered only under certain conditions. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries', as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Event Code: 06E24000 -2018-E-04333 Birds NAME Least Tern Sterna antillarum Population: interior pop. No critical habitat has been designated for this species. This species only needs to be considered under the following conditions: • Water -related activities/use in the N. Platte, S. Platte and Laramie River Basins may affect listed species in Nebraska. Species profile: https://ecos.fws.gov/ecp/species/8505 Mexican Spotted Owl Strix occidentalis lucida There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/$196 Piping Plover Charadrius melodus Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except those areas where listed as endangered. There is final critical habitat for this species. Your location is outside the critical habitat. This species only needs to be considered under the following conditions: • Water -related activities/use in the N. Platte, S. Platte and Laramie River Basins may affect listed species in Nebraska. Species profile: https://ecos.fws.gov/ecp/species/6039 Whooping Crane Grus americana Population: Wherever found, except where listed as an experimental population There is final critical habitat for this species. Your location is outside the critical habitat. This species only needs to be considered under the following conditions: • Water -related activities/use in the N. Platte, S. Platte and Laramie River Basins may affect listed species in Nebraska. Species profile: https://ecos.fws,gov/ecp/species/758 Fishes NAME Pallid Sturgeon Scaphirhynchus albus No critical habitat has been designated for this species. This species only needs to be considered under the following conditions: • Water -related activities/use in the N. Platte, S. Platte and Laramie River Basins may affect listed species in Nebraska. Species profile: https://ecos.fws.gov/ecp/species/7162 STATUS Endangered Threatened Threatened Endangered STATUS Endangered 09/25/2018 Event Code: 06E24000 -2018-E-04333 5 Flowering Plants NAME Colorado Butterfly Plant Gaura neomexicana var. coloradensis There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6l 10 Ute Ladies' -tresses Spiranthes diluvialis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/2159 Western Prairie Fringed Orchid Platanthera praeclara No critical habitat has been designated for this species. This species only needs to be considered under the following conditions: ■ Water -related activities/use in the N. Platte, S. Platte and Laramie River Basins may affect listed species in Nebraska. Species profile: https://ecos.fws.gov/ecp/species/1669 Critical habitats STATUS Threatened Threatened Threatened THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 09/25/2018 Event Code: 06E24000 -2018-E-04333 1 USFWS National Wildlife Refuge Lands And Fish Hatcheries Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. REFUGE INFORMATION WAS NOT AVAILABLE WHEN THIS SPECIES LIST WAS GENERATED. PLEASE CONTACT THE FIELD OFFICE FOR FURTHER INFORMATION. 09/25/2018 Event Code: 06E24000 -2018-E-04333 1 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Acti and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E -bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found bC IOW. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1626 Lark Bunting Calamospiza melanocorys This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA BREEDING SEASON Breeds Oct 15 to Jul 31 Breeds May 10 to Aug 15 09/25/2018 Event Code: 06E24000 -2018-E-04333 2 Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (ii) Each green bar represents the bird's relative probability of presence in the l Okm grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4 -week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season ( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (I) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe 09/25/2018 Event Code: 06E24000 -2018-E-04333 3 Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. probability of presence breeding season i survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle Non -BCC Vulnerable Lark Bunting BCC -BCR �N Additional information can be found using the following links: -- • ---- ---- IlMo • Birds of Conservation Concern http:!/www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php • Measures for avoiding and minimizing impacts to birds Iittp://www.fws.gov/birds/ management/project-assessment-tools-and-guidance/ conservation-measures.php • Nationwide conservation measures for birds http://www.fws.gov/migratorybirds/pdf/ management/nationwidestandardconservationmeasures.pdf Migratory Birds FAQ 'fell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures and/or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC; and other species that may wanant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey. banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as 09/25/2018 Event Code: 06E24000 -2018-E-04333 4 occurring in the l0km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the E -bird Explore Data Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating; or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC 09/25/2018 Event Code: 06E24000 -2018-E-04333 5 species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. Exhibit I — Soils Information A web soil survey was completed of Black Mountain Sand Weld LLC's (Black Mountain) Lost Creek Mine project area boundary using data from the U.S. Department of Agriculture's Natural Resource Conservation Service Web Soil Survey database. This indicated the presence of the following soil types: Table 11 Map Unit Information, Lost Creek Mine Project Area Soils Map Unit Symbol Map Unit Name Acres Percent Typical Profile 49 Osgood Sand, 0 to 3 percent slopes 145.8 6.6% H1 — 0-22" sand H2 — 22-34" sandy loam H3 — 34-60" sand 69 Valent sand, 0 to 3 percent slopes 53.3 2.4% A — 0-5" sand AC — 5-12" sand C1 — 12-30" sand C2 — 30-80" sand 70 Valent sand, 3 to 9 percent slopes 1,596.7 91.0% A - 0-5" sand AC — 5-12" sand C1 — 12-30" sand C2 — 30-80" sand 1,796 100% All three soil types are classified as Hydrological Group A and consist of well drained to excessively drained sands or gravelly sands with very low erosive properties. The depth to restrictive features is more than 80 inches for all three soil types. See Exhibit C5, Soils Map, for a map of the different soil types throughout the project area boundary. The existing land capability classification for all three soil types as non -irrigated 6e, meaning they are generally unsuitable to cultivation and are limited mainly to pasture, range, forestland, or wildlife food and cover. The current land use for the entire project area is rangeland. All affected lands within the project boundary will be returned to rangeland after reclamation. Based on infuriation gathered from geotechnical borings for the Lost Creek Mine (see Exhibit G, Borehole Logs), it is estimated that the topsoil covering throughout the project area ranges from 0-5' deep with an overall assumed average of only 2' depth. Several areas show little to no topsoil coverage. Where possible, up to 12" of topsoil will be stockpiled onsite for future reclamation use. Topsoil will be spread evenly over the affected lands and may be augmented with fertilizer or amendments, if necessary, for even coverage and adequate vegetation growing conditions. If necessary, amendments and/or fertilizers will be tilled into the topsoil for the establishment for plant growth. See Exhibit E Reclamation Plan for more details. The Web Soil Survey Report is attached as Exhibit 12. USDA United States Department of Agriculture \KS Natural Resources Conservation Service A product of the National Cooperative Soil Survey, a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations. and local participants Custom Soil Resource Report for Weld County, Colorado, Southern Part Lost Creek Mine May 17, 2019 Preface Soil surveys contain information that affects land use planning in survey areas. They highlight soil limitations that affect various land uses and provide information about the properties of the soils in the survey areas. Soil surveys are designed for many different users, including farmers, ranchers, foresters, agronomists, urban planners, community officials. engineers, developers, builders, and home buyers. Also, conservationists. teachers, students, and specialists in recreation, waste disposal, and pollution control can use the surveys to help them understand, protect. or enhance the environment. Various land use regulations of Federal, State, and local governments may impose special restrictions on land use or land treatment. Soil surveys identify soil properties that are used in making various land use or land treatment decisions. The information is intended to help the land users identify and reduce the effects of soil limitations on various land uses. The landowner or user is responsible for identifying and complying with existing laws and regulations. Although soil survey information can be used for general farm, local, and wider area planning, onsite investigation is needed to supplement this information in some cases. Examples include soil quality assessments (http://www.nres.usda.gov/wps/ portal/nres/main/soils/health/) and certain conservation and engineering applications. For more detailed information, contact your local USDA Service Center (https://offices.sc.egov.usda.gov/locator/app?agency=nres) or your NRCS State Soil Scientist (http://www.nres.usda.gov/wps/portal/nres/detail/soils/contactus/? cid=nres142p2_053951). Great differences in soil properties can occur within short distances. Some soils are seasonally wet or subject to flooding. Some are too unstable to be used as a foundation for buildings or roads. Clayey or wet soils are poorly suited to use as septic tank absorption fields. A high water table makes a soil poorly suited to basements or underground installations. The National Cooperative Soil Survey is a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations. and local agencies. The Natural Resources Conservation Service (NRCS) has leadership for the Federal part of the National Cooperative Soil Survey. Information about soils is updated periodically. Updated information is available through the NRCS Web Soil Survey, the site for official soil survey information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age. disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require 2 alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. Contents Preface 2 How Soil Surveys Are Made 5 Soil Map 8 Soil Map 9 Legend 10 Map Unit Legend 11 Map Unit Descriptions 11 Weld County, Colorado, Southern Part 13 49 —Osgood sand. 0 to 3 percent slopes 13 69—Valent sand, 0 to 3 percent slopes 14 70—Valent sand. 3 to 9 percent slopes 15 References 18 4 How Soil Surveys Are Made Soil surveys are made to provide information about the soils and miscellaneous areas in a specific area. They include a description of the soils and miscellaneous areas and their location on the landscape and tables that show soil properties and limitations affecting various uses. Soil scientists observed the steepness, length, and shape of the slopes; the general pattern of drainage: the kinds of crops and native plants: and the kinds of bedrock. They observed and described many soil profiles. A soil profile is the sequence of natural layers, or horizons, in a soil. The profile extends from the surface down into the unconsolidated material in which the soil formed or from the surface down to bedrock. The unconsolidated material is devoid of roots and other living organisms and has not been changed by other biological activity. Currently, soils are mapped according to the boundaries of major land resource areas (MLRAs). MLRAs are geographically associated land resource units that share common characteristics related to physiography, geology, climate, water resources, soils, biological resources, and land uses (USDA, 2006). Soil survey areas typically consist of parts of one or more MLRA. The soils and miscellaneous areas in a survey area occur in an orderly pattern that is related to the geology. landforms, relief, climate, and natural vegetation of the area. Each kind of soil and miscellaneous area is associated with a particular kind of landform or with a segment of the landform. By observing the soils and miscellaneous areas in the survey area and relating their position to specific segments of the landform. a soil scientist develops a concept, or model, of how they were formed. Thus, during mapping, this model enables the soil scientist to predict with a considerable degree of accuracy the kind of soil or miscellaneous area at a specific location on the landscape. Commonly, individual soils on the landscape merge into one another as their characteristics gradually change. To construct an accurate soil map. however, soil scientists must determine the boundaries between the soils. They can observe only a limited number of soil profiles. Nevertheless, these observations, supplemented by an understanding of the soil -vegetation -landscape relationship, are sufficient to verify predictions of the kinds of soil in an area and to determine the boundaries. Soil scientists recorded the characteristics of the soil profiles that they studied. They noted soil color, texture, size and shape of soil aggregates, kind and amount of rock fragments, distribution of plant roots, reaction, and other features that enable them to identify soils. After describing the soils in the survey area and determining their properties, the soil scientists assigned the soils to taxonomic classes (units). Taxonomic classes are concepts. Each taxonomic class has a set of soil characteristics with precisely defined limits. The classes are used as a basis for comparison to classify soils systematically. Soil taxonomy, the system of taxonomic classification used in the United States, is based mainly on the kind and character of soil properties and the arrangement of horizons within the profile. After the soil 5 Custom Soil Resource Report scientists classified and named the soils in the survey area, they compared the individual soils with similar soils in the same taxonomic class in other areas so that they could confirm data and assemble additional data based on experience and research. The objective of soil mapping is not to delineate pure map unit components: the objective is to separate the landscape into landforms or landform segments that have similar use and management requirements. Each map unit is defined by a unique combination of soil components and/or miscellaneous areas in predictable proportions. Some components may be highly contrasting to the other components of the map unit. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The delineation of such landforms and landform segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, onsite investigation is needed to define and locate the soils and miscellaneous areas. Soil scientists make many field observations in the process of producing a soil map. The frequency of observation is dependent upon several factors. including scale of mapping, intensity of mapping, design of map units, complexity of the landscape, and experience of the soil scientist. Observations are made to test and refine the soil -landscape model and predictions and to verify the classification of the soils at specific locations. Once the soil -landscape model is refined, a significantly smaller number of measurements of individual soil properties are made and recorded. These measurements may include field measurements, such as those for color, depth to bedrock, and texture, and laboratory measurements, such as those for content of sand, silt, clay, salt, and other components. Properties of each soil typically vary from one point to another across the landscape. Observations for map unit components are aggregated to develop ranges of characteristics for the components. The aggregated values are presented. Direct measurements do not exist for every property presented for every map unit component. Values for some properties are estimated from combinations of other properties. While a soil survey is in progress, samples of some of the soils in the area generally are collected for laboratory analyses and for engineering tests. Soil scientists interpret the data from these analyses and tests as well as the field -observed characteristics and the soil properties to determine the expected behavior of the soils under different uses. Interpretations for all of the soils are field tested through observation of the soils in different uses and under different levels of management. Some interpretations are modified to fit local conditions, and some new interpretations are developed to meet local needs. Data are assembled from other sources, such as research information, production records, and field experience of specialists. For example. data on crop yields under defined levels of management are assembled from farm records and from field or plot experiments on the same kinds of soil. Predictions about soil behavior are based not only on soil properties but also on such variables as climate and biological activity. Soil conditions are predictable over long periods of time, but they are not predictable from year to year. For example, soil scientists can predict with a fairly high degree of accuracy that a given soil will have a high water table within certain depths in most years, but they cannot predict that a high water table will always be at a specific level in the soil on a specific date. After soil scientists located and identified the significant natural bodies of soil in the survey area, they drew the boundaries of these bodies on aerial photographs and 6 Custom Soil Resource Report identified each as a specific map unit. Aerial photographs show trees, buildings, fields, roads. and rivers. all of which help in locating boundaries accurately. 7 Soil Map The soil map section includes the soil map for the defined area of interest, a list of soil map units on the map and extent of each map unit, and cartographic symbols displayed on the map. Also presented are various metadata about data used to produce the map, and a description of each soil map unit. 8 Custom Soil Resource Report MAP LEGEND Area of Interest (AOI) Area of Interest (AOI) Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Blowout Borrow Pit Clay Spot Closed Depression Gravel Pit Gravelly Spot Landfill Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot Q co a •e Spoil Area Stony Spot Very Stony Spot Wet Spot Other Special Line Features Water Features Streams and Canals Transportation 4-14 Rails ob/ sonlielf Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography MAP INFORMATION The soil surveys that comprise your AOI were mapped at 1:24,000. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Weld County, Colorado, Southern Part Survey Area Data: Version 17, Sep 10, 2018 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Jul 17, 2015 —Oct 2, 2017 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Custom Soil Resource Report Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 49 Osgood sand, 0 to 3 percent slopes 145.8 6.6`3/0 69 Valent sand. 0 to 3 percent slopes 53.3 2 4% 70 Valent sand, 3 to 9 percent slopes 2,002.4 91.0% Totals for Area of Interest 2,201.5 100.0°/0 Map Unit Descriptions The map units delineated on the detailed soil maps in a soil survey represent the soils or miscellaneous areas in the survey area. The map unit descriptions. along with the maps, can be used to determine the composition and properties of a unit. A map unit delineation on a soil map represents an area dominated by one or more major kinds of soil or miscellaneous areas. A map unit is identified and named according to the taxonomic classification of the dominant soils. Within a taxonomic class there are precisely defined limits for the properties of the soils. On the landscape, however, the soils are natural phenomena, and they have the characteristic variability of all natural phenomena. Thus, the range of some observed properties may extend beyond the limits defined for a taxonomic class. Areas of soils of a single taxonomic class rarely, if ever, can be mapped without including areas of other taxonomic classes. Consequently, every map unit is made up of the soils or miscellaneous areas for which it is named and some minor components that belong to taxonomic classes other than those of the major soils. Most minor soils have properties similar to those of the dominant soil or soils in the map unit, and thus they do not affect use and management. These are called noncontrasting, or similar, components. They may or may not be mentioned in a particular map unit description. Other minor components, however, have properties and behavioral characteristics divergent enough to affect use or to require different management. These are called contrasting, or dissimilar, components. They generally are in small areas and could not be mapped separately because of the scale used. Some small areas of strongly contrasting soils or miscellaneous areas are identified by a special symbol on the maps. If included in the database for a given area, the contrasting minor components are identified in the map unit descriptions along with some characteristics of each. A few areas of minor components may not have been observed, and consequently they are not mentioned in the descriptions. especially where the pattern was so complex that it was impractical to make enough observations to identify all the soils and miscellaneous areas on the landscape. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The objective of mapping is not to delineate pure taxonomic classes but rather to separate the landscape into landforms or 11 Custom Soil Resource Report landform segments that have similar use and management requirements. The delineation of such segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, however, onsite investigation is needed to define and locate the soils and miscellaneous areas. An identifying symbol precedes the map unit name in the map unit descriptions. Each description includes general facts about the unit and gives important soil properties and qualities. Soils that have profiles that are almost alike make up a soil series. Except for differences in texture of the surface layer, all the soils of a series have major horizons that are similar in composition, thickness, and arrangement. Soils of one series can differ in texture of the surface layer, slope, stoniness, salinity, degree of erosion, and other characteristics that affect their use. On the basis of such differences, a soil series is divided into soil phases. Most of the areas shown on the detailed soil maps are phases of soil series. The name of a soil phase commonly indicates a feature that affects use or management. For example, Alpha silt loam, 0 to 2 percent slopes, is a phase of the Alpha series. Some map units are made up of two or more major soils or miscellaneous areas. These map units are complexes, associations, or undifferentiated groups. A complex consists of two or more soils or miscellaneous areas in such an intricate pattern or in such small areas that they cannot be shown separately on the maps. The pattern and proportion of the soils or miscellaneous areas are somewhat similar in all areas. Alpha -Beta complex, 0 to 6 percent slopes, is an example. An association is made up of two or more geographically associated soils or miscellaneous areas that are shown as one unit on the maps. Because of present or anticipated uses of the map units in the survey area, it was not considered practical or necessary to map the soils or miscellaneous areas separately. The pattern and relative proportion of the soils or miscellaneous areas are somewhat similar. Alpha -Beta association, 0 to 2 percent slopes, is an example. An undifferentiated group is made up of two or more soils or miscellaneous areas that could be mapped individually but are mapped as one unit because similar interpretations can be made for use and management. The pattern and proportion of the soils or miscellaneous areas in a mapped area are not uniform. An area can be made up of only one of the major soils or miscellaneous areas, or it can be made up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example. Some surveys include miscellaneous areas. Such areas have little or no soil material and support little or no vegetation. Rock outcrop is an example. 12 Custom Soil Resource Report Weld County, Colorado, Southern Part 49 Osgood sand, 0 to 3 percent slopes Map Unit Setting National map unit symbol: 362x Elevation: 4.680 to 4,900 feet Mean annual precipitation: 13 to 15 inches Mean annual air temperature: 46 to 55 degrees F Frost -free period: 140 to 150 days Farmland classification: Farmland of statewide importance Map Unit Composition Osgood and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions. and transects of the mapunit. Description of Osgood Setting Landform: Plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Eolian sands Typical profile H1 - 0 to 22 inches: sand H2 - 22 to 34 inches: sandy loam H3 - 34 to 60 inches: sand Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: Very low Capacity of the most limiting layer to transmit water (Ksat): High (2.00 to 6.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Salinity, maximum in profile: Nonsaline to very slightly saline (0.0 to 2.0 mmhos/cm) Available water storage in profile: Low (about 4.8 inches) Interpretive groups Land capability classification (irrigated): 4e Land capability classification (nonirrigated): 6e Hydrologic Soil Group: A Ecological site: Deep Sand (R067BY015CO) Hydric soil rating: No Minor Components Valent Percent of map unit: 10 percent Hydric soil rating: No 13 Custom Soil Resource Report Dailey Percent of map unit: 5 percent Hydric soil rating: No 69 Valent sand, 0 to 3 percent slopes Map Unit Setting National map unit symbol: 2tczd Elevation: 3,000 to 5,210 feet Mean annual precipitation: 13 to 20 inches Mean annual air temperature: 48 to 52 degrees F Frost -free period: 130 to 166 days Farmland classification: Farmland of local importance Map Unit Composition Valent and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Valent Setting Landform. Interdunes Landform position (two-dimensional): Footslope, toeslope Landform position (three-dimensional): Base slope Down -slope shape: Linear Across -slope shape: Linear Parent material: Noncalcareous eolian sands Typical profile A - 0 to 5 inches: sand AC - 5 to 12 inches: sand C1 - 12 to 30 inches: sand C2 - 30 to 80 inches: sand Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Excessively drained Runoff class: Negligible Capacity of the most limiting layer to transmit water (Ksat): High to very high (6.00 to 39.96 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 1 percent Salinity, maximum in profile: Nonsaline (0.1 to 1.9 mmhos/cm) Available water storage in profile: Very low (about 2.4 inches) Custom Soil Resource Report Interpretive groups Land capability classification (irrigated): 4e Land capability classification (nonirrigated): 6e Hydrologic Soil Group: A Ecological site: Deep Sand (R067BY015CO), Sands (North) (PE 16-20) (R072XA021 KS) Hydric soil rating: No Minor Components Dailey Percent of map unit: 5 percent Landform: Interdunes Landform position (two-dimensional): Toeslope Landform position (three-dimensional): Base slope Down -slope shape: Linear Across -slope shape: Concave Ecological site: Deep Sand (R067BY015CO), Sandy (North) Draft (April 2010) (PE 16-20) (R072XA022KS) Hydric soil rating: No Julesburg Percent of map unit: 5 percent Landform. Interdunes Landform position (two-dimensional): Toeslope Landform position (three-dimensional): Base slope Down -slope shape: Linear Across -slope shape: Linear Ecological site: Sandy Plains (R067BY024CO), Sandy (North) Draft (April 2010) (PE 16-20) (R072XA022KS) Hydric soil rating: No Vona Percent of map unit: 5 percent Landform: Interdunes Landform position (two-dimensional): Toeslope Landform position (three-dimensional): Base slope Down -slope shape: Linear Across -slope shape: Linear Ecological site: Sandy Plains (R067BY024CO). Sandy (North) Draft (April 2010) (PE 16-20) (R072XA022KS) Hydric soil rating: No 70—Valent sand, 3 to 9 percent slopes Map Unit Setting National map unit symbol: 2tczf Elevation: 3.050 to 5,150 feet Mean annual precipitation: 12 to 18 inches Mean annual air temperature: 48 to 55 degrees F 15 Custom Soil Resource Report Frost -free period: 130 to 180 days Farmland classification: Not prime farmland Map Unit Composition Valent and similar soils: 80 percent Minor components: 20 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Valent Setting Landform: Hills, dunes Landform position (two-dimensional): Backslope, shoulder, footslope, summit Landform position (three-dimensional): Side slope, head slope, nose slope, crest Down -slope shape: Linear, convex Across -slope shape: Linear, convex Parent material: Noncalcareous eolian sands Typical profile A - 0 to 5 inches: sand AC - 5 to 12 inches: sand Cl - 12 to 30 inches: sand C2 - 30 to 80 inches: sand Properties and qualities Slope: 3 to 9 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Excessively drained Runoff class: Very low Capacity of the most limiting layer to transmit water (Ksat): High to very high (6.00 to 39.96 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 1 percent Salinity, maximum in profile: Nonsaline (0.0 to 1.9 mmhos/cm) Available water storage in profile: Very low (about 2.4 inches) Interpretive groups Land capability classification (irrigated): 4e Land capability classification (nonirrigated): 6e Hydrologic Soil Group: A Ecological site: Deep Sand (R067BY015CO), Rolling Sands (R072XY109KS) Hydric soil rating: No Minor Components Dailey Percent of map unit: 10 percent Landform. Interdunes Landform position (two-dimensional): Footslope, toeslope Landform position (three-dimensional): Base slope Down -slope shape: Linear Across -slope shape: Concave Ecological site: Deep Sand (R067BY015CO), Sands (North) (PE 16-20) (R072XA021 KS) Hydric soil rating: No 16 Custom Soil Resource Report Vona Percent of map unit: 5 percent Landform: Hills Landform position (two-dimensional): Footslope, backslope, shoulder Landform position (three-dimensional): Side slope, head slope, nose slope, base slope Down -slope shape: Linear Across -slope shape: Linear Ecological site: Sandy Plains (R067BY024CO). Sandy (North) Draft (April 2010) (PE 16-20) (R072XA022KS) Hydric soil rating: No Haxtun Percent of map unit: 5 percent Landform: Interdunes Landform position (two-dimensional): Footslope, toeslope Landform position (three-dimensional): Base slope Down -slope shape: Linear Across -slope shape: Concave Ecological site: Sandy Plains (R067BY024CO), Sandy Plains (R072XY111KS) Hydric soil rating: No References American Association of State Highway and Transportation Officials (AASHTO). 2004. Standard specifications for transportation materials and methods of sampling and testing. 24th edition. American Society for Testing and Materials (ASTM). 2005. Standard classification of soils for engineering purposes. ASTM Standard D2487-00. Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of wetlands and deep -water habitats of the United States. U.S. Fish and Wildlife Service FWS/OBS-79/31. Federal Register. July 13. 1994. Changes in hydric soils of the United States. Federal Register. September 18. 2002. Hydric soils of the United States. Hurt, G.W., and L.M. Vasilas, editors. Version 6.0, 2006. Field indicators of hydric soils in the United States. National Research Council. 1995. Wetlands: Characteristics and boundaries. Soil Survey Division Staff. 1993. Soil survey manual. Soil Conservation Service. U.S. Department of Agriculture Handbook 18. http://www.nres.usda.gov/wps/portal/ nres/detail/national/soils/?cid=nres 142p2_054262 Soil Survey Staff. 1999. Soil taxonomy: A basic system of soil classification for making and interpreting soil surveys. 2nd edition. Natural Resources Conservation Service, U.S. Department of Agriculture Handbook 436. http:// www.nres.usda.gov/wps/portal/nres/detail/national;soils/?cid=nres142p2_053577 Soil Survey Staff. 2010. Keys to soil taxonomy. 11th edition. U.S. Department of Agriculture, Natural Resources Conservation Service. http:// www.nres.usda.gov/wps/portal/nres/detail/national/soils/?cid=nres142p2_053580 Tiner. R.W.. Jr. 1985. Wetlands of Delaware. U.S. Fish and Wildlife Service and Delaware Department of Natural Resources and Environmental Control, Wetlands Section. United States Army Corps of Engineers, Environmental Laboratory. 1987. Corps of Engineers wetlands delineation manual. Waterways Experiment Station Technical Report Y-87-1. United States Department of Agriculture, Natural Resources Conservation Service. National forestry manual. http://www.nres.usda.gov/wps/portal/nres/detail/soils/ home/?cid=nres 142p2_053374 United States Department of Agriculture, Natural Resources Conservation Service. National range and pasture handbook. http://www.nres.usda.gov/wps/portal/nres/ detail/national/landuse/rangepasture/?cid=stelprdb1043084 18 Custom Soil Resource Report United States Department of Agriculture, Natural Resources Conservation Service. National soil survey handbook, title 430 -VI. http://www.nres.usda.gov/wps/portal/ nres/detail/soils/scientists/?cid=nres 142p2_054242 United States Department of Agriculture, Natural Resources Conservation Service. 2006. Land resource regions and major land resource areas of the United States. the Caribbean, and the Pacific Basin. U.S. Department of Agriculture Handbook 296. http://www.nres.usda.gov/wps/portal/nres/detail/national/soils/? cid=nres 142p2_053624 United States Department of Agriculture, Soil Conservation Service. 1961. Land capability classification. U.S. Department of Agriculture Handbook 210. http:// www.nres.usda.gov/Internet/FSE_DOCUMENTS/nres142p2_052290.pdf 19 09/25/2018 Wetlands Event Code: 06E24000 -2018-E-04333 1 Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. FRESHWATER EMERGENT WETLAND • PEM1F FRESHWATER POND ■ PUBF RIVERINE • R4SBC Exhibit J- Vegetation Information The Lost Creek Mine project area has been characterized as a sand sagebrush prairie interspersed with areas of bare ground where stock ponds, cattle congregations, cattle trails, and two -track access roads occur. Sand sagebrush prairie is generally composed of an overstory of lightly grazed sand sagebrush with an understory of mid and short length grasses scattered with forbs. Grass and forb species observed within the project area during a Biological Survey Review conducted in November 2018 by TRC Environmental Corporation (TRC) include blue grama (Bouteloua gracilic), buffalograss (B. dactyloides), needle -and -thread (Hesperostipa comate), sand dropseed (Sporobolus cryptandrus), Indian ricegrass (Oryzopis hymenoides), little bluestem (Schizachyrium scoparium), prairie sandreed (Calamovilfa longifolia), purple threeawn (Aristida purpurea), tall tumblemustard (Sisymbrium altissimum), stinkgrass (Eragrostis cilianensis), soapweed yucca (Yucca glauca), plains pricklypear (Opuntia polyacantha), and milkvetch (Astragalus sp). Shrub and subshrubs observed during the survey include sand sagebrush and prairie sagewort (Artemisia frigida). Three identified soils types onsite are made of at least 80% deep sand ecological sites, which are populated by plant species typically found in sand sagebrush prairie. See Exhibit C3 for a Vegetation Map and Exhibit C5 for a Soils Map. The current and anticipated post -reclamation land use is rangeland. Evaluation of the project area lands suggests rangeland would likely be the most viable and productive post -mining land use. An estimate of the average annual production for alfalfa hay was made using data from United States Department of Agriculture Natural Resources Conservation Service Web Soil Survey application. The only soils unit capable of yielding hay is the Osgood sand, 0 to 3 percent slopes (shown in red on Figure J1, below), which covers approximately 145.8 acres, or 6.6%, of the affected lands. Its yield rating is 4.50 tons which can only be expected of selected irrigation crops, like alfalfa hay, under a high level of management. The other two soil types, Valent sand 0 to 3 percent slopes and Valent sand 3 to 9 percent slopes, are not given yield ratings. It is assumed this is because the valent soil types do not support irrigated crops. Figure J1 shows the Web Soil Survey's Soil Ratings Map for Yields of Irrigated Crops. Figure 11: Soil Ratings Map for Yields of Irrigated Crops: Osgood Sand Data was not available for Yields of Non -Irrigated Crops or the Crop Productivity Index in this area. To calculate carrying capacity for range lands, range production ratings were pulled from the Web Soil Survey. These ratings (Ibs./acre/yr.) are based on normal growing conditions. These ratings will vary year to year based on moisture received. Map J1 Map Unit Information, Lost Creek Mine Project Area Soils Map Unit Symbol Map Unit Name Rating (Ibs./acre/yr.) Acres Percent 49 Osgood sand 0 to 3 percent slopes 1700 145.8 6.6% 69 Valent sand 0 to 3 percent slopes 1830 53.3 2.4% 70 Valent sand 3 to 9 percent slopes 1973 1,596.7 91% 1,796 100% The total range production ratings (Ibs./acre/yr.) expresses the amount of vegetation that is estimated to grow annually in a well -managed area supporting a natural plant community. It includes all vegetation and does not differentiate between palatable and non -palatable vegetation for grazing animals. These figures are further expressed in Figure 12, Range Production (Normal Year). Figure J2: Range Production (Normal Year) Map Key: Red — Osgood Sand (unit 49); Green — Valent Sand 0-3% Slopes (Unit 69); Blue — Valent Sand 3- 9% Slopes (Unit 70) Carrying capacity estimates the number of grazing animals a specific piece of land can support and is based on the characteristics of the land, including vegetation, soils, and the availability of nearby water. There is no natural source of available water closer than the Empire Reservoir, which is approximately 1.35 miles from the midpoint of the affected lands. Currently, grazing animals on the property rely on human -supplied water sources such as large water troughs placed throughout the area as their main source of water. It is expected this will remain true when the land is returned to rangeland after site reclamation. According to the Dryland Pasture Condition Assessment and Guidelines for Colorado Small Acreages, created by Colorado State University Extension and the U.S. Department of Agriculture, the affected lands are located in an area that only has 0.4 Animal Unit Month/acre (https://rangemanagement.extension.colostate.edu/land-and-livestock/dryland-pasture-condition- assessment-guidelines/). Using the carrying capacity calculation, it is estimated that the affected project area lands would be able to support approximately 80 animals, assuming an average cow size of 1,000 lbs. It is unknown how many animals currently graze on this rangeland area. Exhibit K: Climate Climate data for the Lost Creek Mine project area and surrounding area was compiled for the design criteria and air modelling. The climate of the region averages maximum year-round temperatures between 94°F and 45°F and minimum year-round temperatures between 59°F and 17°F. Average annual rainfall is 14.67 inches, with a cumulative 9.29 inches falling between April and August. The average annual snowfall measures approximately 41 inches, peaking in March at about 8 inches (www.usclimatedata.com). The prevailing wind direction is from the west/southwest with an average wind speed of 8.7 miles per hour. The frost depth is estimated at approximately 36 inches. Figure K1 shows the windrose for the meteorological observation site in Pawnee, CO. This windrose covers a one- year period spanning April 21, 2007 through April 20, 2008. 1 Figure 1 Pawnee, CO Windrose A INC ROSE PL.^.1 Station #OS_ID: - Pawnee. CO Perms, Wind Speed Direction (blowing from) • • • • • • • SOL:7 E. • • • • 4.90% 3.72% • • • , • • • • • • ,• 48% • • t • • • • • • t • t I tit I I 1 1 i I I i —I • r r , ,a ti r sal • • Ial i i f i i i , • I I • WIND SPEED (Knots) >= 21.58 - 17 11 -21.58 - 1108-17.11 . 700-11.08 4.08 -7.00 0.1I -4.08 Calms: 0.09. COIJIJE1N13. Apnl 21. 2007 - April 20. 200e Pawnee =•.T•.==F Start Date: 4:21!'2007 - 00:00 End Date: 41202008 - 23:59 TRC ti_C=-ER Koehler �•._�.I A' h= 0.0864 -OTAL CC JIM' 8781 hrs. h CI :FE_? 8.05 Knots C17_ T5/2019 FFC:EC- NC 314214.0000.0000 VVNPIOT'oes - Lates Environmental 3,Thin 2 Exhibit L. Reclamation Cost Estimate Black Mountain Sand Weld LLC Lost Creek Mine Weld County, CO Item Unit Est. Quantity Unit Cost Total Est. Amount Scenario 1: Regrade Phase 1(Mined Yrs 1-10) Earthwork and Regrading Handling Backfill Stockpile Regrade Disturbed Areas (Assumed 5:1 slope) Plant Demolition, including removal of all excess concrete` Cyds 4,700,000 $1.35 $6,345,000 Acre 281.3 $352.06 $99,035 Lump Sum 1 $4,000,000.00 $4,000,000 Recycled Material Allowance Lump Sum 1 -$300,000.00 -$300,000 Reclaim Process Water & Slurry Ponds Lump Sum 2 $75,000.00 $150,000 Earthwork & Regrading Total $10,294,035 Topsoil Redistribution Handling Topsoil Stockpile Cyds 276,000 $1.35 $372,600 Topsoil Redistribution Total $372,600 Establish Vegetation Seed Bed Preparation Acre 281 $60.00 $16,878 Seed Mix (-121bs./acre drill seeding) Lbs 3,376 $30.00 $101,268 Drill Seed Acre 281 $200.00 $56,260 Mulch (2 tons/acre weed free straw) Ton 563 $210.00 $118,146 Disk anchor Acre 281 $58.00 $16,315 Establish Vegetation Total $308,867 'Estimated costs provided do not include demolition of the maintenance building/warehouse, office building, and associated road as these items will remain after reclamation for use during agricultural activities. Erosion Control Slope Interception - Bioroll Linear Foot 3,930 $2.50 $9,825 Erosion Control Total $9,825 Total 510,985,328 Administrative (5%) $549,266 Regrade Phase 1 Total $11,534,594 Item Unit Est. Quantity Unit Cost Total Est. Amount Scenario 2: Regrade Phases 2 thru 5 (Mined Yrs 11-35) Earthwork and Regrading Handling Waste Stockpile Cyds 2,061,192 $1.35 $2,782,609 Regrade Disturbed Areas (Assumed 5:1 slope) Acre 1,515 $352.06 $533,306 Plant Demolition, including removal of all excess concrete` Lump Sum 1 $4,000,000.00 $4,000,000 Recycled Material Allowance Lump Sum 1 -$300,000.00 -$300,000 Reclaim Process Water & Slurry Ponds Lump Sum 2 $75,000.00 $150,000 Earthwork & Regrading Total $7,165,914 'Estimated costs provided do not include demolition of the maintenance building/warehouse, office building, and associated road as these items will remain after reclamation for use during agricultural activities. Topsoil Redistribution Handling Topsoil Stockpile Cyds 178,185 $1.35 $240,550 Topsoil Redistribution Total $240,550 Establish Vegetation Seed Bed Preparation Acre 1,515 $60.00 $90,888 Seed Mix (`121bs./acre drill seeding) Lbs 18,178 $30.00 $545,328 Drill Seed Acre 1,515 $200.00 $302,960 Mulch (2 tons/acre weed free straw) Ton 3,030 $210.00 $636,216 Disk anchor Acre 1,515 $58.00 $87,858 Establish Vegetation Total $1,663,250 Erosion Control Slope Interception - Bioroll Linear Foot 26,680 $2.50 $66,700 Erosion Control Total $66,700 Total $9,136,414 Administrative (5%) $456,821 Regrade Phases 2-5 Total $9,593,235 Exhibit M: - Other Permits and Licenses Included in Table M1, below, is a list of all permits, licenses, and approvals Black Mountain Sand Weld LLC (Black Mountain) holds or may be seeking in order to conduct the proposed mining and reclamation operations at Lost Creek Mine. Black Mountain has applied or will apply for all necessary permits, approvals, and licenses from local government entities. Black Mountain will provide copies of permits as they are received. Table M1: Permits, License, and Approvals Permit/Clearance Regulatory Agency Permit/Approval Number(s) Federal N/A State Air Pollution Emission Notice (APEN) Construction Air Permit Construction Stormwater General Permit (COR-040000) General Permit for Stormwater Discharges Associated with Sand and Gravel Mining and Processing (COG -500000) Subterranean Dewatering Discharge to Groundwater/Surface Water Construction Material Regular 112 Operation Reclamation Permit State Threatened and Endangered Species Consultation Sensitive Biological Resources - Element Occurrence Data Utility/Special Use Permit Application Application for a Change of Water Right Water Well Permit Colorado Department of Public Health and Environment Air Pollution Control Division Colorado Department of Public Health and Environment Air Pollution Control Division Colorado Department of Public Health & Environment Water Quality Control Division Colorado Department of Public Health & Environment Water Quality Control Division Colorado Department of Public Health & Environment Water Quality Control Division Colorado Division of Reclamation Mining and Safety Colorado Parks and Wildlife Colorado Natural Heritage Program Colorado Department of Transportation Access Management Colorado Department of Natural Resources Division of Water Resources Colorado Department of Natural Resources Division of Water Resources 1 Permit/Clearance Regulatory Agency Permit/Approval Number(s) Notice of Intent to Construct a Non -Jurisdictional Water Impoundment Structure OR Request for a Jurisdictional Exempt Determination for A Water Impoundment Structure Colorado Department of Natural Resources Division of Water Resources Local Jurisdiction - Weld County Use by Special Review Permit Weld County Planning Commission Flood Hazard Development Permit (FHDP) or No -Rise Certificate Weld County Planning and Zoning Departments Geologic Hazard Development Permit (GHDP) Weld County Planning and Zoning Departments Grading Permit Weld County Public Works Access Permit Weld County Public Works Right -of -Way (ROW) Use Permit Weld County Public Works Special Transport Permit Weld County Public Works Commercial Building Permit Weld County Planning and Building Department Manufactured Structure Permit Weld County Planning and Building Department Onsite Wastewater Treatment Systems Weld County Department of Health and the Environment 2 Exhibit N: Source of Legal Right -to -Enter A copy of the recorded deeds for the land and minerals have been included. 4408575 06/19/2018 03:36 PM Total Pages 6 Rec Fee: $38.00 Doc Fee: $2,900.00 Carly Koppes - Clerk and Recorder, Weld County, CO SPECIAL WARRAN`T'Y DEED THIS DEF.D is dated :uric IS Cplt and is made between Lost Croak Land and Came Cnagnmy LIA; a Colorado limited liability company, formerly known os Lost Creak Land and Cattle Company, a C.oloradn general partnership, ("Granter") whose address Is 822 7th Stitt!, Suite '►60, Greeley. CO 110611, die "Grantor," and Black Minntain Lind Company, LP a I nas Domestic banged Partnership, rebus.: address is 500 litarn Street, Suite 1200, Fort Worth, TX 76102, the 'Grantee" WITNESS, that the Grantor, to ar,d in consideration ul the 'err of TM*: DOLLARS (SO CO) and ,then good and valuable commie:noon, the receipt and sullicioncy of which, is hereby acknowledged, hereby grants, oargains, retis, : inety% and conflruss unto the Grantee and the Grantee's heirs Dud assigns forever. all the owl propene, together with any improvements thereon, located in the County of Weld and State of Cu:undo, *scribal .*'amity See Exh.bil A attached hereto Reserving however, unto Grantor all nil, gns, nthcr hydrocarbons, and other minerals and rights thereto owned by Grantor that are in, nn or under said property, together with the right of ingress and egress for the purpose of exploring for, developing and producing such minerals, but specifically excluding from the interests reserved by Grantor all surface minerals, including, but not limited to, and, gravel, caliche in, on or under said property. TOGETHER with aJ and singular the lioredltaattada and apponenancee Mertz en° betopgang, or in snywisa appertaining. the reversions, remainders. rents, issues and profits thaeo( and ill the estate. tight, tide, interest, ciaim and demand whatsoever of the Gratin either in law or equity, of, Lit and to the shove Isugeiacd premises. witb the. hereditantents and apowtooartoes, cxcepung, however, all water rights related tc nr appurtenant to std described property, which will be conveyed by separate bargain and sale deed. 1'U HAVE' AND TO HOLD the said premises above bargained sad described, wills the appurtenances, unto the Grantee nod the Grantee's heirs and assigns forever The Grantor, for useff and as successors and assigns, does covenant art.: agree that the Granter shall and will WARRANT T1IT. TITLE AND ntiEumn the above described premises, hue nor any adjoining vacated ZOOS We Una. if any, in the quiet and peaceable possession of the Grantee and the heirs and assigns of the Grantee, against all and every person al parsons canning nning the whose or .any pan therm& BY, THROUGH OR M1)0( run GRANTOR except and subject, however, to real property taxes, exccntiuns, reservations. c,mdincns and ether matters appearing or. record in the Clerk and Recorders Office, Weld County, Cowradn IN WITNESS WHEREOF, this Grunter has executed this Deed this 15 _day of tune, 2018. Los seek Laud and Cattle Company LLC By: Charlos P. Fairchild Jts. Manager STATE OF _ek(1k)rnta. County i:f _LOS "Nutt K S ) ss_ The foregoing nnstrvme fit was acknowledged before me this 1,/ day of lung, 2018, by Cbier!us.p,fajolulikia rlpolltt aligacregk 1pndjtldconk Company LLC Witness my hand and official sca). g1Y dtOMEnisntro expires: No. 168. Roe. 10.19, Serrin1, wArtitANrV okaA (Frew • Cernarorn) frsee 1 er l) (modified) 2-03 Prtacdin Laytent Comm O222131f Olotory Public California 5 Los Anpth+County - Comm Espies Doc 09.2011 IO 2_1 SPECIAL WARRANTY DEED TIM DEED its dated June a5 , 2014, and is mate between Lost Creek Land and Cable Company LI.C, a Cnluradu limited liability company. formerly known as Lest Creek Land and Cattle Company, a Colorado general partnership, ("Grantor") whose address is 822 7th Street. Suite 760, Greeley, CO 61631. the "Grantor," and ©lack Mountain Land Company, IA) a l'exas Domestic Limited Patniership, whose address is 500 Main Street, Suite 1200, Fort Worth, 'IX 76102, the "Grantee." WITNESS, that the Grantor, for and in consideration of the sum of TEN DOLLARS (Saw) and other good and valuable consideration, the receipt and suRieiency of which is hereby acknowledged, hereby grants, bargains, sells. conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, located in the County of Weld and State of Colorado, described as follow: Sec Exhibit A attached hereto. Reserving however, unto Grantor all uil, gas, other hydrocarbons, and other rninerols and rights thereto owned by Grunter that are in, un or under said property. together with the right of ingress and egress for the purpose of exploring for, developing and producing such minerals, but specifically excluding; from the interests reserved by Grantur all surface minerals, including, but not limited to, sand, gravel, caliche in, on or under said property. TOGETHER with all and singular the hcredntanu:nts and appurtenances thereunto be.onging, or In anywise appertaining, the reversions, remainders, rents, issues and protits thereof. and all the estate, right, title, interest, claim and demand whatsoever of the Grantor. tither in low or equity, of in and to the above bargained premise.., with the henxlitamaits and appurtenances, excepting, however, all water rights related to or appurtenant to said described property, which will be conveyed by separate bargain and sale decd. To HAVE AND TO HOLD the said premises above bargained and described, wvnth the appuctenuncea, unto the Grantee and the (inmate's ►oars and assign: (trove).The Grantor, for itself and its successors and assigns, .floes covenant and ag;ret that the Grantor shat) and will WARRAN I Tiff. Tun- ANT) ( rn:Nu tot above described premises, hub nor bury dttnnt►ng vik.isled street in alley, if any, in the quiet and peaceable possession of the Grantee and the heirs and assigns of the Grantee, against all and every person or persons claiming the whole or any paint thereof, itY, IMUGGN OR ON1)ER THE GRANTOR except quid r►rb)eet, however, to real property taxes, exceptions, reservations, conditions Anil other matters appearing of record in the Clerk acid Recorders (Mice, Weld County, Colorado. IN WITNESS WHEREOF, the Grantor has executed this Deed thi. 15 day of June, 2018 f; RAIllt: Itisi *reek land and Cattle Company LLC: By: Charles P. I:alleluia Its. Manager STATT. OF _ Niikratti County of Los ) ss. The foregoing instrument wa: acknowledged before me this I/ day of lime, 2018. by charted!._ Fairchild, a} P4Ontigcr of last f'rcek band and Cattle ColllIxial.LC. Witness my hand and official sea) My commission eXpiros. _ ab. — ..—f Priscilla Layton Comm. I1222134e t Notary Public California 5i . lit+ Angeles County COMM. Ex pi rot Dec. 03, 1011 1 .4- r v r No KB. Rcr. IIF07. SPECIAL wARRAN 1 Y DEED (From a CorporNna) (Free 1 of 1) (Modified) EXHIBI'F A PARCEL l: IN TOWNSHIP 3 NORTH, RANGE 61 WEST OF THE 6T" P.M., COUNTY OF WELD, STATE OF COLORADO: Section 2: S W 1 /4 Section 3: All Section 4: All Section 9: All F r Section 10: SW1/4; W1/2 SE1/4; EXCEPTING THEREFROM parcels of land conveyed to Morgan County (Quality Water District by Quit Claim Deed recorded December 5, 1977 in Book 816 at Reception No. 1737637 and Confirmation and Ratification Deed recorded April 24, 1990 in Book 1262 at Reception No. 2211677, and Special Warranty Deed recorded July 21, 2000 at Reception No. 2781945, described as follows: A tract of land located in the West 1/2 of the Southeast 1/4 of Section 10, more particularly described as follows: Beginning at a point on the South line of said Section 10, which is 1320 feet West of the Southeast corner of said Section 10, and considering the South tine to bear North 90°00'00" West; thence West along the South line of Section 10, a distance of 313.07 feet; thence North 208,71 feet; thence Fast 313.07 feet; thence South 208.71 feet along the Past line of the West 1/2 of the Southeast 1/4 of Section 10 to the Point of Beginning, ALSO, a tract of land 30 feet in width, 15 feet on each side of the centerline of the pipeline as installed in Section 10, Township 3 North, Range 61 West of the 6`" P.M., to be used as an access mad to operate and maintain the water storage tank, situated upon the above described lands and said pipeline. Section 1 I: All, EXCEPT that portion thereof described in Book 1505 at Page 525. Section 14: That part of the N1/2 described as follows: BEGINNING at the Northeast corner of said Section 14; thence West, along the North line of said Section, 5280 feet, more or less, to the Northwest corner thereof; thence South, along the West line of said Section, 2422 feet, to the centerline of U.S. I Iighway No. 6; thence North 65°39' East, along said highway centerline, 5138 feet; thence, along said highway centerline, on a 2° curve to the right, 556 feet to the East line of said Section; thence North, along the East line of said Section , 147 feet to the POINT OF RBGINNING, EXCEPT those portions thereof described in Book 987 at Page 258, and Book 1505 at Pages 513, 517 and 525. Section 17: Nl/2 Section 18: S I; 2 N1/2; S1/2 k;al rev.1010698) Section 19: Section 30: That part of Section 19 lying West of the 100 foot wide right of way of Old State Highway 52, the centerline of which is described as follows: BEGINNING at the intersection of the South line of said Section with the centerline of said highway, which point is 2465 feet Fast of the Southwest corner of said Section; thence North 32°11' East, 2829.7 feet; thence on a 2° curve to the right, 529.1 feet; thence North 42°46' Fast, 1083.2 feet to a point on the last line of said Section which is 1550 feet South of the Northeast comer thereof. All that portion lying South of U.S. Highway No. 52; That portion lying North of the 100 foot wide rights of way of U.S. Highway No. 6 and Old State Highway No. 52, the centerline of which is described as follows: BEGINNING on the West line of said Section, 1660 feet South of the Northwest corner thereof. which point is the intersection of said line with the centerline of U.S. Highway No. 6: thence North 65°39' Fast, 2044 feet; thence North 42°24' East, 314.3 feet; thence on a 3° curve to the left, 340.5 feet; thence North 32°11' East, 497 feet to a point on the North line of said Section which is 2465 feet East of the Northwest corner thereof, EXCEPT those portions described in Book 1499 at Page 120 and Book 1505 at Pages 513, 517 and 525, EXCEPT all that portion lying South of U.S. Interstate Highway No. 76. IN TOWNSHIP 2 NORTH, RANGE 62 WEST OF THE. 61H P.M., COUNTY OF WELD, STATE OF COLORADO: Section 5: Those parts of the N W l /4 and the WI/2 NE1/4 /4 lying North of Chicago, Burlington & Quincy Railroad right of way, EXCEPT those lands conveyed by instrument recorded in Book 1523 at Page 404, EXCEPT those parts of the NW 1/4 lying West of County Road 386 and North of U.S. Interstate Highway No. 76, and the W1/2 NE 1/4 lying North of Chicago, Burlington & Quincy Railroad right of way and South of U.S. Interstate Highway No. 76. EXCEPT that portion contained in Quit Claim Deed recorded January 5, 2010 at Reception :Number 3668469, Weld County records. EXCEPT that portion contained in Quit Claim Deed recorded October 16, 2009 at Reception Number 3654478. IN TOWNSHIP 3 NORTH, RANGE 62 WEST OF THE. 6T" P.M., COUNTY OF WELD, STATE OF COI.ORADO: Section 10: All Section 1 I: E1/2 NW1/4; SW1/4 NE1/4 Section 13: S1/2 N1/2; S1/2 Section 14: S I /2 Section 15: W1/2 SW 1/4 Section 20: E1/2 SW1/4; S1/2 SE1/4; NEI/4 SEI/4 (rya rev. (010691) Section 21: N1/2 NE1/4; NE1/4 NW 1/4 Section 22: NEI/4; /4; NW1/4 /4 NWI/4 /4 Section 23: N1/2; SE1/4 Section 24: All Section 25: All lying North of U.S. Highway No. 52, EXCEPT that part lying within the right of way for U.S. Highway No. 6, and EXCEPT those portions thereof described in Book 989 at Page 191, Book 1499 at Page 120 and Book 1505 at Pages 513, 517 and 525, Weld County records; EXCEPT all lying South of U.S. Interstate Highway No. 76. Section 261 NE1/4 /4 Section 28: E1/2 SW 1/4; W1/2 SE1/4 Section 29: E1/2 SE1/4; SW1/4 SE1/4; EXCEPT that part of the EI/2 SE1/4 and the SW l/4 SE 1/4 lying North and West of County Road 387. Section 32: W1/2 W1/2; W1/2 SE1/4; EXCEPT that part of the W1/2 W1/2 lying West of County Road 386 Section 33: SE1/4NW1/4; SE1/4; E1/2 SWI/4, EXCEPT those portions thereof described in Book 1495 at Page 551 and Book 1499 at Page 120, EXCEPT that part of the SE1/4 and the El/2 SW1/4 lying South of U.S. Interstate Highway No. 76. IN TOWNSHIP 3 NORTH, MANGE 62 WEST OF THF, 61." P.M., COUNTY OF WELD, STATE, OF COLORADO: Section 17: N W 1 /4 N W 1 /4; S1/2 NW1/4 /4 Section 20: W1/2 NE 1/4 Section 21: NW 1/4 NW '/, PARCEL 2: IN TOWNSHIP 3 NORTH, RANGE 61 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO: Section 16: That portion of the N2 lying north of the northerly tine of an existing trail as indicated on the Omar USGS 7.5' Quadrangle Map, photo revised 1978, said trail being cancelled State R/W 488- 4 Section 18: N2NE NEN W Lot 1 (NWNW) ;e6il rev. i0:06991 IN TOWNSHIP 2 NORTH, RANGE 62 WEST OF THE 6T" P.M., COUNTY OF WELD, STATE OF COLORADO: Section 4: That portion of W2 of Lot 2 (NWNW) lying north of the northerly right of way line of Interstate 76 (State 12/W 1247-12) Section 5: That portion of E2 of Lot 1 (NENE) lying northerly of the northerly right of way line of Interstate 76 (State R,`W 1247-12) IN TOWNSHIP 3 NORTH, RANGE 62 WEST OF TIM 6T" P.M., COUNTY OF WELD, STATE OF COLORADO: Section 8: All Section 9: All Section 13: N2N2 Section 14: NEA Section 15: Sl4 Section 16: All Section 17: E2 NENW Section 20: E2NE NW W2SW NWSE Section 21: S2NW Section 22: S2 Section 23: SW Section 26: NW That portion of the S2 lying north of the northerly right-of-way line of Interstate 76. Section 27: All Section 28: W2SW E2SE Section 32: NE E2SW E2SE Section 33: NE NENW Iesal rev '0:06981 W2W2 Section 34: That portion of the N2 and the N2SW lying north of the northerly right-of-way line of Interstate 76. Section 35: That portion of the N2N W lying north of the; northerly right-of-way lime of Interstate 76. IN TOWNSHIP 3 NORTH, RANGE 62 WEST OF THE 6'w P.M., COUNTY OF WELD, STATE OF COLORADO: Section 11: NWNE W2NW SW W2SE Section 14: NW Section 15: N2 E2SW Section 21: S2NE S2 Section 22: NEN W S2NW Section 28: N2 Section 32: That portion of E.2NW lying south and east of the southeasterly line of county road. Irgalrev, f010698► 05/28/2019 TVE 16110 FAX 91000290VZ KATHERINE ALLEY, lac lifiUVd/UVJ BLACK MOUNTA[N Deer Mr. Paul Allen; Per our nil estate contract agreement signed 1/30/2019, and later!' emended on 4/4/2019, we are scheduled to close on your property described in "Exhibit A", on 7/10/2019. Prior to closing we wish to submit a sand mining permit ba the State of Colorado. A portion of the mining area fells within the property under contract_ Therefore), we are requesting your formal permission to include a portion of the contracted property within our mining permit. By signing below, you agree that Bieck Mountain Land Company, LP Is granted access to the property described in Exhibit A for the purposes of testing, sampling, and other activities as needed in support of Black Mountain's pending mine permit application and the operation of a send mine, until such time as that property le formally conveyed to Bieck Montsin Land Company, LP. a ,/" len Landowner THE STATE OF COLORADO § COUNTY OF WELD g The foregoing instrument was acknowledged before me by Paul Allen, Landowner. In Testim ny Whereof, I have hereunto set my hand and offtclel seal, thief/ day of 201 , LAURIE DEE EIIBBEY Notary Public State or C0I0,40o Notary ID • 201340309a . r cuitimpeaion Expires 06.16-2021 Public, State of Colorado Tall 817.491,9901 ltiw: 811./9/,9909 040 Milo Street 9uata 1100 Fort Worth, Toast rein blaokmtn.00m I 08/28/2019 TUB 18.10 PAX 9703529782 ]CATHERINE ALLEN, PC 4jUU3/UU6 OLAGR MOUNTAIN /f Rhett Bennett Managing Member The foregoing Instrument was acknowledged before me by Rhett Bennett, Managing Member of Black Mountain Energy LLC, the General Partner of Black Mountain Land Company, LP. In Testimony Whereof, I have hereunto set my hand and official seal, tilled they of J SUSANNA MCMAHAN jy '�`� = Notary Public. State al Texas Jr\ :43 If'•..•.tc.4 If; G f �. Comm. Expires 02-08 2020 Notary ID 130527465 Note Public, State of Texas Tel► 811,666,9601 Fat 01T.016.0002 600 Man steal, Sul* 1200 Fort Werth, Taxarr 16102 btookmin.00rn Exhibit 0 — Owner(s) of Record of Affected Land (Surface Area) and Owners of Substance to be Mined Owner(s) of Record of Affected Land (Surface Area) Black Mountain Land Company, LP is the owner of record for the following affected lands within the project boundary: 122114000001 - 3925 PT N2 14 3 61 N of HWY #6 (TR 9) (4R), 145.0172 acres 122111000005 - 3920 ALL 11 3 61 (6R), 634.009 acres 122110000009 - 3918 SW4/W2SE4 10 3 61 EXC BEG 1320'W o SE COR SEC THENCE W131.07' N208.71' E313.07' S208.71' TO BEG (5R), 237.9912 acres 122103000008 - 3905 W2 3 3 61 (4R), 319.0017 acres 122103000007 - 3904 E2 3 3 61 EXC 100/160.68 INT IN MIN IN W2E2 (1L), 320.0645 acres 122102000003 - 3902 SW4 2 3 61, 161.8332 acres Lands owned by Black Mountain Land Company, LP total 1,817.9 acres of land. Additionally, Black Mountain Land Company, LP is in discussions to purchase the following affected lands, which are currently owned by Paul G Allen: 12211000006 - 3919 NW4 10 3 61 (2R), 158.9611 acres 12211000005 - 3916 NE4 10 3 61, 158.9063 acres 12211000004 - 3917 E2SE4 10 3 61 (1R), 79.801 acres Lands owned by Paul G Allen total 397.66 acres. A letter granting access to these lands for the purposes of building and operating a sand mine and conducting all necessary field activities in support of that purpose is included in Exhibit N. Owners of Substance to be Mined Black Mountain Land Company, LP owns the mineral rights to the substance to be mined for all lands currently owned by Black Mountain Land Company, LP. See attached letter from Black Mountain Land Company, LP granting access to Black Mountain Sand Weld LLC for the purpose of mining the sand. Paul G Allen owns the mineral rights to the substance to be mined for all lands currently owned by Paul G Allen. The letter granting access to the owned lands included in Exhibit N provides access to the mineral rights as well. Black Mountain Land Company, LP is currently in discussions with Paul G Allen to purchase the land and underlying mineral rights. Once this purchase has been finalized and closed, proof of ownership for those lands and mineral rights will be provided. County of BLACK MOUNTAIN 500 Blain Street. Suite 1200, Fort Worth, TX 76102 (817) 698-9901 June 3, 2019 To Whom It May Concern: Black Mountain Land Company, LP. hereby grants access to Black Mountain Sand Weld LLC to the lands outlined in Attachment A for the purpose of building and operating an industrial proppant sand mine and associated processing plant. Signed and dated this 311 day of �rt 6 Black Mountain Land Company, LP Representative Signature 49i7S/fes Black Mountain Land Company, LP Representative Name Cep Title State of fel) 0_S ) )ss. ) \tiltavrt The foregoing instrument was acknowledged before me this RIA,t4 cttnh.t-t+ as GEQ ,t::""'''i, fir' 4',, I '� , JENNIFER HOLLEY ,`f,r Notary Publlb, Eitete of Texas COMM, Expiroe MO4.2022 II Notary ID 178/40880 j - - , 2019. day of Til < + i011, by of 1319,1M— Mou n-ki k Lewd � GP Notary Public My Commission expires: u1-01 - ?,b1.1- Attachment A Section 2: Section 3: Section 10: SW1/4 All SW 1/4; W % SE %; EXCEPTING THEREFROM parcels of land conveyed to Morgan County Quality Water District by Quit Claim Deed recorded December 5, 1977 in Book 816 at Reception No. 1737637 and Confirmation and Ratification Deed recorded April 24, 1990 in Book 1262 at Reception No. 2211677, and Special Warranty Deed recorded July 21, 2000 at Reception No. 2781945, described as follows: A tract of land located in the West 1/2 of the Southeast 1/4 of Section 10, more particularly described as follows: Beginning at a point on the South line of said Section 10, which is 1320 feet West of the Southeast comer of said Section 10, and considering the South line to bear North 90°00'00" West; thence West along the South line of Section 10, a distance of 313.07 feet; thence North 208.71 feet; thence East 31 3.07 feet; thence South 208.71 feet along the East line of the West 1/2 of the Southeast 1/4 of Section 10 to the Point of Beginning, ALSO, a tract of land 30 feet in width, 15 feet on each side of the centerline of the pipeline as installed in Section 10, Township 3 North, Range 61 West of the 6th P.M., to be used as an access road to operate and maintain the water storage tank, situated upon the above described lands and said pipeline. Section 11: All, EXCEPT that portion thereof described in Book 1505 at Page 525. Section 14: That part of the N 1/2 described as follows: BEGINNING at the Northeast corner of said Section 14; thence West, along the North line of said Section, 5280 feet, more or less, to the Northwest corner thereof; thence South, along the West line of said Section, 2422 feet, to the centerline of U.S. Highway No. 6; thence North 65°39' East, along said highway centerline, 5138 feet; thence, along said highway centerline, on a 2° curve to the right, 556 feet to the East line of said Section; thence North, along the East line of said Section, 147 feet to the POINT OF BEGINNING, EXCEPT those portions thereof described in Book 987 at Page 258, and Book 1505 at Pages 513, 517 and 525. Exhibit P — Municipalities Within Two Miles The Lost Creek Mine project area is located on portions or all of Sections 2, 3, 10, 11, and 14 of Township 3 North, Range 61 West of the 6th Principal Meridian in Weld County, Colorado on the east side of Weld County Road (WCR) 91. The property boundary runs adjacent to U.S. Hwy 6/1-76 for approximately 1 mile. The remainder for the southern project boundary is approximately 0.67 miles from Hwy 6/1-76, on average. The northern boundary is located approximately 2.0 miles south of U.S. Hwy 34/WCR 42. There are no cities or towns within a 2 -mile radius of the project boundary. The two closest listed municipalities within Weld County (Keeneeburg and Kersey) are both more than 19 miles from the project. The closest town is approximately 6 miles from the project. Weld County 1150 O Street Greeley, CO 80631 Additionally, the project is located within or adjacent to two fire protection districts and two conservation districts. Those districts are listed below. SE Weld Fire Protection District — within project boundaries 95 W. Broadway Street Keenseburg, CO 80643 Wiggins Fire Protection District — adjacent to project boundaries 701 Central Ave Wiggins, CO 80654 Southwest Weld Conservation District — adjacent to project boundaries P.O. Box 381 Keenseburg, CO 80643 West Greeley Conservation District — adjacent to project boundaries 4302 W. 9' St Rd. Greeley, CO 80634 Exhibit Q: Proof of Mailing of Notices to County Commissioners and Conservation District Proof of Notice to Weld County Commissioners is attached. Site doesn't appear to be located in a conservation district. The closest Conservation Districts are the SE Weld County District to the south and the West Greeley Conservation District to the north. 1 BLACK MOUNTAIN CAmn 420 Commerce St. Suite 500, Fort Worth, TX 76102 (817) 698-9901 June 3, 2019 ATTN: Weld County Commissioners 1150 O Street P.O. Box 758 Greeley, CO 80631 RE: Notice of Filing Application Amendment - Black Mountain Sand Weld LLC Lost Creek Mine To Whom It May Concern, Please find included a copy of the "Notice of Filing Application" on behalf of Black Mountain Sand Weld LLC for their Construction Materials Regular (112) Operation Reclamation Permit Application Amendment. Black Mountain Sand Weld LLC (changed from Black Mountain Sand DJ LLC) has submitted an amendment to their original application, which was filed in February 2019, to reflect changes made to the location of the proposed mining operation. A copy of this amendment has been put on file with the Weld County Clerk and Recorder's Office. Per the requirements of Section 1.6.2(1)(a) of the Act, we have attached a new Notice of Filing Application. Please let me know if you have any questions. Thankvou Chris Axness VP Operations Enclosure: Notice of Filing Application CC: Kira Coff, Millcreek Engineering Matthew J. Hazleton, TRC 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 Black Mountain Sand Weld LLC, (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 and recorder. The applicant/operator proposes to reclaim the affected land to original 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 34-32.5-112(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. Kira Coff From: Sent: To: Subject: TrackingUpdates@fedex.com Thursday, June 6, 2019 5:22 PM Kira Coff FedEx Shipment 787731408480 Notification This tracking update has been requested by: Company Name: Name: E-mail: MiIlCreek Eng 'not provided by requestor' MiIlCreek Eng sent Weld County Commissioners 1 FedEx Priority Overnight® package(s). This shipment is scheduled to be sent on 06/06/2019. Reference information includes: Ship date: Scheduled delivery: Service type: Packaging type: Number of pieces: Weight: Special handling/Services Standard transit: Status: Tracking number: Shipper Information SALT LAKE CITY UT US Jun 6, 2019 Fri, 6/7/2019 by 10:30 am FedEx Priority Overnight=' FedEx® Envelope 1 0.50 lb. Deliver Weekday 6/7/2019 by 10:30 am Picked up CO US 787731408480 Recipient Information Greeley Please do not respond to this message. This email was sent from an unattended mailbox. This report was generated at approximately 6:21 PM CDT on 06/06/2019. 1 The shipment is scheduled for delivery on or before the scheduled delivery displayed above. FedEx does not determine money -back guarantee or delay claim requests based on the scheduled delivery. Please see the FedEx Service Guide for terms and conditions of service, including the FedEx Money -Back Guarantee, or contact your FedEx customer support representative. To track the status of this shipment online, please use the following: https://www.fedex.com/apps/fedextrack/?action=track&tracknumbers=787731408480&language=en&opco=FX&clienty pe=ivother Standard transit is the date and time the package is scheduled to be delivered by, based on the selected service, destination and ship date. Limitations and exceptions may apply. Please see the FedEx Service Guide for terms and conditions of service, including the FedEx Money -Back Guarantee, or contact your FedEx Customer Support representative. © 2019 Federal Express Corporation. The content of this message is protected by copyright and trademark laws under U.S. and international law. You can access our privacy policy by searching the term on fedex.com. All rights reserved. Thank you for your business. 2 June 7,2019 Dear Customer: The following is the proof -of -delivery for tracking number 787731408480. Delivery Information: Status: Signed for by: Service type: Special Handling: Delivered L.LEWIS FedEx Priority Overnight Deliver Weekday Delivered to: Delivery location: Delivery date: Receptionist/Front Desk Greeley, CO Jun 7, 2019 08:59 Signature image is available. In order to view image and detailed information, the shipper or payor account number of the shipment must be provided. Shipping Information: Tracking number: Recipient: Greeley, CO US 787731408480 Thank you for choosing FedEx. Ship date: Weight: Shipper: SALT LAKE CITY,. UT US Jun 6, 2019 0.5 Ibs/0.2 kg Exhibit R: Proof of Filing with County Clerk or Recorder Proof of Filing with Weld County Clerk/Recorder is attached. BLACK MOUNTAIN SAND 420 Commerce St. Suite 500, Fort Worth, TX 76102 (817) 698-9901 June 3, 2019 ATTN: Weld County Clerk & Recorder's Office 1402 N. 17`r Ave Greeley, CO 80631 RE: Notice of Filing Application Amendment- Black Mountain Sand Weld LLC Lost Creek Mine To Whom It May Concern, Please find enclosed a copy of the Black Mountain Sand Weld LLC Construction Materials Regular (112) Operation Reclamation Permit Application Package Amendment, minus confidential items. This application supersedes the previously submitted data by Black Mountain Sand DJ LLC, which was submitted for public review in February 2019. Please remove the previous application and place this application for public review. Please let me know if you have any questions. Thankvou Chris Axness VP Operations Enclosure: 112 Construction Materials Reclamation Permit Application Amendment less confidential items CC: Kira Coff, Millcreek Engineering Matthew J. Hazleton, TRC Kira Coff From: Sent: To: Subject: TrackingUpdates@fedex.com Thursday, June 6, 2019 5:22 PM Kira Coff FedEx Shipment 787731438471 Notification This tracking update has been requested by: Company Name: Name: E-mail: MiIlCreek Eng 'not provided by requestor' MiIlCreek Eng sent Weld County Clerk & Recorder's Off 1 FedEx Priority Overnight® package(s). This shipment is scheduled to be sent on 06/06/2019. Reference information includes: Ship date: Scheduled delivery: Service type: Packaging type: Number of pieces: Weight: Special handling/Services Standard transit: Status: Tracking number: Shipper Information SALT LAKE CITY UT US Picked CO US Jun 6, 2019 Fri, 6/7/2019 by 10:30 am FedEx Priority Overnight` Your Packaging 1 5.00 lb. Deliver Weekday 6/7/2019 by 10:30 am Up 787731438471 Recipient Information Greeley Please do not respond to this message. This email was sent from an unattended mailbox. This report was generated at approximately 6:22 PM CDT on 06/06/2019. 1 The shipment is scheduled for delivery on or before the scheduled delivery displayed above. FedEx does not determine money -back guarantee or delay claim requests based on the scheduled delivery. Please see the FedEx Service Guide for terms and conditions of service, including the FedEx Money -Back Guarantee, or contact your FedEx customer support representative. To track the status of this shipment online, please use the following: https://www.fedex.com/apps/fedextrack/?action=track&tracknumbers=787731438471&language=en&opco=FX&clienty pe=ivother Standard transit is the date and time the package is scheduled to be delivered by, based on the selected service, destination and ship date. Limitations and exceptions may apply. Please see the FedEx Service Guide for terms and conditions of service, including the FedEx Money -Back Guarantee, or contact your FedEx Customer Support representative. © 2019 Federal Express Corporation. The content of this message is protected by copyright and trademark laws under U.S. and international law. You can access our privacy policy by searching the term on fedex.com. All rights reserved. Thank you for your business. 2 June 7,2019 Dear Customer: The following is the proof -of -delivery for tracking number 787731438471. Delivery Information: Status: Signed for by: Service type: Special Handling: Delivered T.K Delivered to: Delivery location: FedEx Priority Overnight Delivery date: Deliver Weekday Receptionist/Front Desk Greeley, CO Jun 7, 2019 08:47 Signature image is available. In order to view image and detailed information, the shipper or payor account number of the shipment must be provided. Shipping Information: Tracking number: Recipient: Greeley, CO US 787731438471 Thank you for choosing FedEx. Ship date: Weight: Shipper: SALT LAKE CITY, UT US Jun 6, 2019 5.0 Ibs/2.3 kg Exhibit S: Permanent Man-made Structures Pursuant to Section 6.4.19 of the Colorado Mined Land Reclamation Act (the Act), included below are details of all permanent man-made structures within 200 feet of the affected lands. Black Mountain Sand Weld LLC's (Black Mountain) Lost Creek Mine affected lands area, as defined by 1.1(3) of the Act, have been designed to be set back from the project boundary and all significant, valuable, and permanent man-made structures by at least 200 feet, ensuring a buffer area between the active project and the neighboring lands, including any permanent structures. Structures outside the affected lands area but inside Black Mountain's property boundary include a portion of Morgan County Quality Water District's water pipeline, which traverses the S % of Section 10 Township 3 North Range 61 West, and a communication tower located in NW % of Section 14 Township 3 North Range 61 West. Both of these items are located at least 200 feet from any Lost Creek Mine affected lands. There are several permanent man-made structures outside the project boundary including, Weld County Road (WCR) 91; Morgan County Quality Water District's water storage tanks, which are located in the S 1/2 of Section 10 Township 3 North Range 61 West; Interstate 76/Hwy 6; and approximately 4 additional communication towers. All of these structures are located more than 200 feet from any Lost Creek Mine affected lands. There are currently no other buildings or structures within or adjacent to the affected lands area. Black Mountain will construct mining facilities, to include a sand wash processing plant, a process water storage tank and ponds, wet sand storage building, six 3,000 -ton storage silos for final product storage, a waste material storage stockpile, truck loadout area, maintenance/warehouse building, office building & parking lot, check -in booths, and truck hatch opening and closing stations. These production facilities will be located on approximately 45 acres and will be more than 200 feet from pit mining operations. Utilities will be brought into the affected lands to supply water, electricity, and gas to the facilities and will be located such that mining activities will have no negative effect on their utility. The affected land's current land use is rangeland and there are several existing watering troughs and small water storage tanks to feed and water the cows. These structures are portable, although large, and therefore do not meet the requirements of a significant, valuable, and permanent man-made structure. These items are owned by the current landowner, Black Mountain Land Company, LP, and will be removed prior to mining operations. It has not been determined if these items will be reinstalled after mining operations cease. All of the Lost Creek Mine project area is on private land. There are a few 2 -track dirt roads that have been used by the landowner, Black Mountain Land Company, LP, to access the area. These dirt roads do not meet the definition of significant, valuable, and permanent man-made structures as they are not maintained or public roads. These dirt roads will be removed during mining operations and may be replaced during reclamation activities at the discretion of Black Mountain. Black Mountain Land Company, LP does have an active easement in the NW % of Section 14 Township 3 North Range 61 West. A map highlighting the easement area is attached as Exhibit 52. This easement is within the property boundary but outside of the Lost Creek Mine affected lands project area. Any necessary access to this easement will be coordinated to ensure appropriate access without interrupting planned mining activities. 1 19 20 21 2 23 ` 24 19 20 21 22 23 24 gin 30 29 28 27 26 04N62W 25 30 29 28 04N61 • W 27 26 25 31 32 33 34 35 36 31 32 33 34 35 36 6 5 4 3 2 1 6 5 4 3 2 1 ///, / / / % / / /// 7 dr % 417#. J��%%9,91.r r/l/L/ '�j ::� 10 / , 12 10 Miles 7 8 9 10 11 /./�i%/ !//% 12 - -• --- -- 18 17 16 15 14 Wald 13 18 17 16 15 14 13 %j/j;. 03N62W 03N61 W 50' x 50' Easement — /�S��i rl .•yr/'Si/r,. l�i, �iti`: * .. r / 23 24 19 20 21 22 23 24 30 29 „//� ,6% //„/�j� i < 2�> 7C 30 29 28 - 27- 26 25 , r !� 31 / i. "i� j i r , 33 •a 35 36 31 32 33 34 35 36 4 02 3 N 62 W 2 4 6 -_ wE 1 s 5 - 02 N 61 W 50' x 50' Easement rn Black Mountain 0 0.25J.5 1 on • Miles 9 10 11 12 7 I 8 9 2 Mile Buffer: Non Compete Ar Rule 1.6.2(1)(b): ADDENDUM 1— Notice Requirements Notice and Certification attached. proposed mining operation. The following is a sample of the Notice required for Rule 1.6.2(1)(b) that you may wish to use. NOTICE This site is the location of a proposed construction materials operation. (Name of the Applicant/Operator) Black Mountain Sand Weld LLC , whose address and phone number is (Address and Phone Number of the Applicant/Operator) 500 Main Street Suite 1200, Fort Worth, TX 76102 has applied for a Reclamation Permit with the Colorado Mined Land Reclamation Board. Anyone wishing to comment on the application may view the application at the (County Name) Weld County Clerk and Recorder's Office, (Clerk and Recorder's Office Address) 1402 N. 17th Avenue, Greeley, Colorado 80631, and should send comments prior to the end of the public comment period to the Division of Reclamation, Mining, and Safety, 1313 Sherman St, Room 215, Denver, Colorado 80203. Certification; I, Matthew J. Hazleton , hereby certify that l posted a sign containing the above notice for the proposed permit area known as the (Name of Operation) Lost Creek Mine, on (Date Posted) 6/7/2019, ADDENDUM 2 — Rule 6.5 Geotechnical Stability Exhibit This exhibit is currently not required. ADDENDU M 3 — Permission to Sign Application Attached is a signed and certified letter granting the application signer, Chris Axness, permission to sign this application for Black Mountain Sand Weld LLC. 1 thi Hl Ac k h1i)I '.TAI! NOTARY STATEMENT State of Texas County of Tarrant This instrument was acknowledged before me on this 3rd day of June, 2019, by Rhett Bennett as Chief Executive Officer of Black Mountain Sand Weld LLC , a Delaware limited liability company, whose mailing address is 500 Main Street, Suite 1200, Fort Worth , TX 76102. The intent of this acknowledgement is to give Chris Axness , VP of Operations , the authority to sign on behalf of the company, Black Mountain Sand Weld LLC regarding the Colorado Division of Reclamation . Mining and Safety on behalf of the Department of Natural Resources. Said authorization includes but not limited to Construction Materials Reclamation Permit Applications. BLACK MOUNTAIN SAND WELD LLC C& STATE OF TEXAS COUNTY OF TARRANT The foregoing instrument was acknowledged before me on this j day of June , 2019, by RHETT BENNETT, CHIEF EXECUTIVE OFFICER - for BLACK MOUNTAIN SAND WELD LLC, a Delaware limited liability company. (Seal) JENNIFER HOLEY ��^;�v'rli�, 11/ • �;`�,NOUry Public, State of Texas Comm, Expires 09.04-2022 'i Notary ID 128946880 500 Main Street Suite 1200 Fort Worth, Texas 76102 Notary Public, State o Texas Hello