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Home My WebLink About20203627.tiffSignature page for Jim McFarland DEPARTMENT OF PLANNING SERVICES 1555 N 17 Ave, Greeley, CO 80631 Phone (970) 400-6100 Fax (970) 304-6498 USE BY SPECIAL REVIEW (MINING OPERATION) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT # /AMOUNT # 1$ CASE # ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: To be completed by APPLICANT is accordance with procedural guide requirements: 1. I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed gravel (gravel, coal, borrow pit, etc.) mining operation for the following described unincorporated area of Weld County: Legal Description 8185 W2/SE4 12 3 (6R 2 C NG , Section 22 , Township 12 North, Range 63 West Flood Plain: NO Zone District: AG , Total Acreage: 475 +/- , Overlay District: NO Geological Hazard: NO , Airport Overlay District: NO 2. Surface owner(s) of area of land described Name: Konig Ag Co. / 37231 Hwy 14, Briggsdale Address: Co. 80611 Phone: 970!-590-5061 Name: Address: Phone: 3. Owner(s) of mineral rights or substance to be mined Name: e: Konig Ag Co. / 37231 Hwy 14, Briggsdale Address: Co. 80611 Phone: 970-590 5061 Name: Address: Phone: Applicant's name: Superior Oilfield Services Co., LTD Address: 2986 W 29th Street #12, Greeley, Co, 80631 Email Addressjodi.c@laseroilfield.com Identify any prior permits for mining held by applicant or affiliated person: Phone: 97"52-4444 None I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application, If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included i - ting that the signatory, has to legal authority to sign for the corporation. ///1/ / " q a - (249 si 020.02_61 ignature: Goner or Authorized Agent Date Fve . /kL/fe 1,)AL re: I Authorized Agent Date7,46 DEPARTMENT OF PLANNING SERVICES 1555 N 17th Ave, Greeley, CO 80631 Phone (970) 400-6100 Fax (970) 304-6498 USE BY SPECIAL REVIEW (MINING OPERATION) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT # /AMOUNT # /$ CASE # ASSIGNED USR2Q-0025 APPLICATION RECEIVED BY PLANNER ASSIGNED: To be completed by APPLICANT is accordance with procedural guide requirements: 1. I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed gravel (gravel, coal, borrow pit, etc.) mining operation for the following described unincorporated area of Weld County: Legal Description 8185 W2/SE4 22 12 63 (6R 2LONC ) , Section 22 , Township 12 North, Range 63 West Flood Plain: NO Zone District: AG , Total Acreage: 475 +1 - Geological Hazard: NO , Airport Overlay District: NO , Overlay District: NC 27.16 mined 2. Surface owner(s) of area of land described Name: Konig Ag Co. / 37231 Hwy 14, Briggsdale Address: Name: Co. 80611 Phone: 970-590-5061 Address: Phone: Owner(s) of mineral rights or substance to be mined Name: Konig Ag Co. / 37231 Hwy 14,Briggsdal€ Address: Name: Co. 80611 Phone: 970-590-5061 Address: Phone: 4. Applicant's name: Superior Oilfield Services Ca, LTD Address: 2986 W 29th Street #12, Greeley, Co. 80631 Email Address 5. Identify any prior permits for mining held by applicant or affiliated person: John McFarland - jmcfarland31@gmail.com Phone: 970-352-4444 None I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating that the signatory) has to legal autiority to sign for the corporation. 2 4/' Aait) ignature: 0 ner or Authorized Agent Date [peed?. Signature: Owner or Authorized Agent Date /1/1, -/re dire64, DEPARTMENT OF PLANNING AND BUILDING DEPARTMENT OF PUBLIC HEALTH AND ENVIRONNMENT 1555 NORTH 17TH AVENUE GREELEY, Co 80631 AUTHORIZATION FORM FOR BUILDING, PLANNING AND HEALTH DEPARTMENT PERMITS AND SERVICES dun c644.1.) I, (We), Cielet Me, ---V-2— , give permission to,,,a4 (Owner please print) (Applicant/Agent — please print-, to apply for any Planning, Building or Health Department permits or services on our behalf, for the property located at: Art, zz_fi- Legal Descriptio Subdivision Name: f Section , , Township A N, Pange,,W Properly Owners Information: Phone: OA - E -mail: Applicant/Agent Contact Information: Lot Block E -Mail: lictj „secs Email correspondence to be sent to: Owner Applicant/Agent Postal service correspondence to be sent to: (choose only one) Owner Additional I nfo : XI Both ■ Applicant/Agent Owner Signature: Owner Signature: /;:///eaf; Date: COel'f 7/7P/2019 Weld County USR Questionaire Superior Oilfield Services Co., LTD North Star Mining Operation 1 . Method of mining operation. a. There will be no permanent structures constructed for the operation, the equipment used for production will all be portable and moved in and out as required by sales demands. The equipment will be a portable crusher and screening plant, front end loaders, scrapers, dozers and conveyor belts. There will also be scales set up to weigh the products. One shift is planned for the operation, maximum number of employees would be ten. c. The operation will be a dry pit. d. Site is located on WCR 138 approx 1 1/2 miles west of WCR 71. WCR 136 east to WCR 77 is the main haul route. There are no bridges in the immediate area of mining or hauling. WCR 138 is our driveway to the site and is laid out as such with the road agreement with wets County, e The site was first opened at ten acres and has been expanded twice in the time since it opened in 2012 to its current acreage of 27+ acres. The lease is for 475+ acres but the mining is planned for small areas to be mined and added as needed determined by demand. f. The site is being mined in one phase currently, which includes the whole 27 acres. It is expected that the area will be mined to completion by the end of 2022. At this time an expansion of the mining area will be applied for before the current site is mined out. g The site has six inches to one foot of topsoil that is stockpiled and saved for reclamation. The overburden runs from two feet to four feet and is also stockpiled for reclamation, The sand and gravel for mining is ten feet to twenty feet in thickness depending on the area of the operation. h The site will be returned to its previous use of dry land farming, graded back to blend in with the original areas so farming can continue in a manner as before. Overbureden and topsoil will be replaced and graded with the use of scrapers and finished off by a blade to receive the desired slopes and grades. The areas will then be put back into service by the landowner for farming. The technical advice for this reclamation plan comes from Pianit Consulting Services, who have designed numerous reclamation plans for similar mine sites. 2 The application is consistarit with two of the Comprehensive Plan's guiding principals. "(A) it is the goal of the Comprehensive Plan to promote opportunities for County citizens while protecting private property rights"; and "(F) Land use policies have a significant impact on economic conditions in the County and should be structured to encouage economic properity and economic growth." The application is consistent with the Comprehensive Plan because mining aggregate resourses is an identified property right in the agriculural zone district and thus, approval of the application would protect Konig's property rights. Additionally, aggregate resourses are vital to the economic prosperity of Weld County because they are critical to infrastructure and construction projects and therefore, the application is consistent with the Comprehensive Plan because it furthers the guiding principle of encouraging economic prosperity and growth. The Comprehensive Plan specifically states that the County recognizes that mineral resource extraction is an essential industry. This application is for that purpose and would return the mined areas back to their previous use of agricultural land used for dry land farming, after the safe and productive extraction of the sand and gravel. The application also meets the other commercial mineral deposit goals, which are dedicated to ensuring proper extraction and limited negative impacts to the environment and surrounding area, through the use of proper extraction techniques, mitigation efforts and proper reclamation. Lastly, the application is consistent with "A. Policy 7.2" of the Co rape rhensive Plan which provides that conversion of agricultural land to industrial uses should be accommodated when the subject site is in an area tla t can support such development, and should attempt to be compatible with the region. The application is consistent with this Policy as it is located in an area that can support the project and is surrounded bu other similar usei Therefore , for the foregoing reasons, the application is consistent with the Comprehensive Plan. 3 The property is located in the Agricultural Zone District. The code states that the Agricultural Zone District is intended to provide areas for the conduct of agricultural activities a n d activities related to agriculture a n d agricultural production, and for areas of natural resource extraction and energy development. 2 Open pit mining and aggregate production are both permitted uses by special review in the Agricultural Zone District. Therefore, because the projects activities are all permitted special uses in the Agricultural Zone District and because the Code's specific intent for the Agricultural Zone District includes providing areas for natural resource extraction, the application is consistent with the intent of the district in which the property is located The area will be returned to agriculture use after mining and will only be mined in smaller areas throughout the operation. 5 All traffic laws will be observed during the time of the operation along all haul routes and all safety and mining procedures will be followed within the boundaries of the mining location itself required by the operator and the governing agencies. As previously stated there are no towns or neighborhoods 6 . The surrounding uses are farming and oil and gas exploration. The materials are being produced for use for the oil and gas industry and the site will be returned to it's original use as farm land. 7 . The existing land use is for dryland farming. 8 a. There will be between 2 and 10 employees at the site normally, depending on level of hauling activity and the level of production. Also there could be up to 30 trucks hauling on the busier days making round trips to the construction site. Vistors, buyers and etc. will be minimal at the site, with possibly 10 trips per week on average. b. Monday thru Saturday / Dawn to Dusk. ce There are no animals on this site. d, Passenger Cars / Pickups -Up to Twenty five per day. Tandem Trucks - Up to 25 per day. Semi -Truck / Trailer - Up to 150 per day. e. Pawnee Fire District 1. There is no water source on the property, bottled water is used, g. There is no sewer system on the property. Portable units are used h. No warehousing is proposed. Finished sand and gravel materials will be stockpiled on site. i. Overburden and topsoil will be stockpiled around the edges of the site, while the finished products will be where produced. There is no waste. J- WWA There will be no landscaping required for the site. Reclamation will be done when mining is complete, with some reclamation being done if possible during mining. k, The site has been in operation since 2012 providing materials for the oil and gas industry for construction of their well sites. It is anticipated to continue operation for as long as the need remains. 1. When the site is finished the location will be returned to farming, using the materials saved on site to accomplish the reclamation. m. The site has an approved stormwater r management plan, where all water is retained on site, n. When the site is completed any and all eqiupment, parts, or debris will be removed so the reclamation may be completed. o, The site is advantageous as it cuts down on haul times and number of trucks required to service the oil and gas industry in this area by providing a more local source for products. 9 . The site is not located in any of the overlay areas 4 Health Department Questions 1 Will there be washing of vehicles or equipment? No washing will be done. 2 Fuel Storage? There is one 2000 gallon self contained fuel tank on site used for fuel storage. 3 Maintenance of vehicles or equipment? Routine maintenance and repairs will be made on site as needed. 4 Air Emissions Permit? There is an air permit issued for the site from the CDHE, please see atttached. 5 What equipment will be on site? At any given time, there will be a cone crusher and associated conveyor belts including stacking conveyors. A screening plant and conveyor belts, front end loaders, dozers, blade and scrapers. There will also be a generator plant used to run the crushing plant. 6 How will l noise be addressed? With a noise report. Document must be filed electronically. Paper documents are not accepted. Fees & forms are subject to change. For more information or to print copies of filed documents, visit www.sos.state.co.us. d Colorado Secretary of State Date and Time: 06/20/2013 05:45 PM ID Number: 20131 106 Document number: 201313 5 8106 Amount Paid: $20.00 ABOVE SPACE FOR OFFICE USE ONLY Statement of Trade Name of a Reporting Entity filed pursuant to §7-71-103 and 7-71-107 of the Colorado Revised Statutes (C.R.S) I , For the reporting entity delivering this statement, its ID number, true name, form of entity and the jurisdiction under the law of which it is formed are ID Number 20111010574 True name Form of entity J urisdiction (Colorado Secretary of State ID ;Dumber) Superior Oilfi 'Id Services Co., Ltd Limited Liability Company Colorado 2. The trade name under which such entity transacts business or conducts activities or contemplates transacting business or conducting activities in this state is Laser Oilfield Services . 3. A brief description of the kind of business transacted or activities conducted or contemplated to be transacted or conducted in this state under such trade name is Excavation and trucking 4. al the following statement applies, adopt the statement by marking the box and include an attachment.) 1`his document contains additional information as provided by law. 5. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has significant legal consequences. Read flub -Fictions before entering a date.) (If the . following statement applies, adopt the statement by entering a date and if applicable, time using the required. format.) The delayedeffective date and, if applicable, time of this document are ('mmlddlyyyy hour: minute atn/pin) Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that such document is such individuals act and deed, or that such individual in good faith believes such document is the act and deed of the person on whose behalf such individual is causing such document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S. and, if applicable, the constituent documents and the organic statutes, and that such individual in good faith believes the facts stated in such document are true and such document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is identified in this document as one who has caused it to be delivered. • TRDNMRE Page 1 of 2 Rev. 12/01/2012 6. The true name and mailing address of the individual causing this document to be delivered for filing are Miller Fred J (Last) (First) 1011 11th Avenue (Middle) (Suffix) (Street number and name or Post Office Box information) Greeley (City) CO 80631 (Sta t ) (Postal/Zip code) United States • (Province— if applicable) (Country — rf'not US) (If th e, fxflloit ing statement applies, adopt the statement by marking the box and include an attachment.) This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). TRDNMRE Page 2 of 2 Rev. 12/01/2012 PROPERTY DESCRt'TION A parce' of land located in the Southwest Quarter <SWI/4) of Section Twenty—two (22), Township Twelve North (T12N.), Range Sixty—three West (R.63W.), Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, more particularly described as follows: COMMENCING at the Southwest corner of Section 22 and assuming the South line of said Section 22 as bearing North 88u5714O East, being a grid bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2007, with all bearings contained herein relative thereto. THENCE North 88'57'40" East along the South line of said SW1/4 a distance of 1144.94 feet to the POINT OF BEGINNING; THENCE North 31'47'58" West a distance of 1219.75 feet; THENCE North 88'58'16" East a distance of 1060.21 feet; THENCE South 37'01'45" East a distance of 1295.19 feet to the South line of said SW1/4); THENCE South 88'57'40" West along said South line a distance of 1197.48 feet to the POINT OF BEGINNING. Said described parcel of land contains 1,1S3,026 sq, ft, or 27.159 acres, more or less and is subject to any existing easements and rights of way of record ar as now existing on said described parcel of fond. Parcel: 004322000007 NORTH STAR PIT 112 RECLAMATION PERMIT APPLICATION EXHIBIT N - SOURCE OF LEGAL RIGHT TO ENTER ACCESS AUTHORIZATION 'I tic owners ofsec:tion 23, .I.1 'N, Ist63 rr, h'h PM, MO Inc. heathy g .r int an amiss (.4w -.A_ :aamrrt to, Superior Oilfield Services Co., LTD, PC) Box 336356, Grreulcy, CO 80633. to build and use a roadway to be built within a 100 it corridor bordered by the south section line of section 23 ar.xl running tar one mile west from Weld County 71 The road shall be built and maintained by Superior Oilfield Services, Co. at their expense. The access shall be granted for a period of 20 years or until all mining and r•ed:in:datrcxrr is uurnpkc'u ,:it Ih he North Star rnirw in Section 22. Signed artd agreed this. 11" day of April, 2012 by: T + 'M , •,! `- s/' rte` �} j{�� e�� l VV Joel Korfig Member KBP.1nc 57851 CR 81 Gr'o' pr, CO 80729 State cif Colo arlci County of Weld kiL_Sdibilit a 16-1 ttrmiti Michael Miller President Superior Oilfield Services Co., LTD PO Box 336356 C � r veiny, CO 801)33 The foregoing instrument was acknowledged before me this 11*i, day of Art; 2012 by Michael Miller and Joel Konig personally known to notary, 4. Tara LRresb_y ,Notarya /3 1 280 CR 72 • P.O. Box 336356 • Greeldy_ GC) &0G33 • 970.654.3222 . '2/U.454.8723 � � s . / 4 � . ♦ f Cl � \'Eww.sr perioroiriteld.corn • ,JppCii rof corn North Star Pit 112 Reclamation Permit 13I Page COLORADO Division of Reclamation, Mining and Safety Department of Natural *Resources 1313 Sherman Street, Room 215 Denver, Colorado 80203 July 3, 2019 Mr, Rick Miller Superior Oillieici Services Co., LTD 2986 W. St, #12-13 Greeley, CO 80631 RECEAVED Re: North Star Pit, Permit M 012-'OO4, Amendment Approval, Revision AMO1 Mr. Miller: On July 3, 2019 the Division of Reclamation, Mining and Safety approved the Amendment application submitted to the Division on April 9, 2019, addressing the following: Mined Land Reclamation Board ordered 11.2c permit amendment to increase permit area. The terms of the Amendment AMO1 1 approved by the Division are hereby incorporated into Permit .N12012-004. All other conditions and requirements of Permit 2012-004 remain in fall force and effect. If the revised liability amount exceeds the performance bond currently held (see below), please submit additional bond. The revision will not be final until the bond is approved by the Division. Bond Held: Total Bond Required: Additional Bond Required -• must be posted within 60 days $30,035.00 122,250.00 $92,215.00 You are also required to execute the enclosed performance warranty and submit it to the Division. If you have any questions, please contact rime. Sincerely, 54' Eric C. Scott Environmental onmental Protection Specialist Enclosures: Performance Warranty 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state,co.us Jared PoUis, Governor I Dan Gibbs, Executive Director I Virginia Brennan, Director 7 p a I • aIkaati'opfiratox•fir carman name �. name to be used on ermit . I .1 Type of organization co � rptionq partnership, et): DIVISIOt.41 OF RECLAJCIATION, MINING AND SAFETY Department of Kia!urai R6sour sa { 313 Sre,r ar &'r.:; Roam 215 Denvar, co1'91oracio 30201 Phone, (303) $133-3567 FAX (303) 332,31D6* CHECK O STAThop COLORADO CONSTRUCTION MT IA tE AR (112) OPERATION RE t,a 3/4.A'ION PERMIT APPLICATION FORM There is a File Number Already A nigned to this Operadon Rem* 20 004 -- (Please referernee the file number currently assigned : this operation) New Application (Rule 1.4,5) Ameitdratent Application -tile 1..10) C O L R A D ICI PI\e. to r ION M IN ENG Conversion. Application (Rule 111) amlimponte SAFETY (provide for Amendments and Conve ,ni ons tar txisting permits) application ► The p � Exhibits r Addendum ''tea 112 Operation Reclamation Par it contains x . an .r sections o Exhibit 6.5 (Geo clinic ? � (3)ee major epsi: (1) eapplication1 submit your application, �- � include One , _ _ Stability Exhibit, ��d a i � . (I) p!e . er and noted ORIGINAL n 14) copy application the o completed copies ofE �5r -S, Addendum I ¢ appropriate ' enh app application described m sections or (GeoteehnaalStabilityt d r Section • ) below. Exhibit , should O ound or in a 3 -ring binder; ho and a foie f`: e processing, please provide t e informationi arter due saber be folded to the i`nt and �`��r described in this font GENERAL OPERATION NFORNJATIO Type or print clearly, in the ��n�� provided, �ALL information requested below. er ion Hanle iii mine or site vias - Permitted acrr _ a new or editing site): 3 1 Change in acreage (- ; 3.2 Total acreage in &mit area 4. Fees; 4.1 New Apph atj0t 4.2 New Quarry ppliaati on 4.4 Amendment Fee 4.5 Conversjou. to 112 operation s ut by statute) Prima Comm i s n t4 be ned; 'and LLC North Star Pit Gravel 5.1 Incident& connuoditie(s) to be mined: lbs./groat 2. 5.2 Anticipated. end ' of primary c+a s node(() be mined: Roads Drilling Pad Site 5.3 Anticipated end use of incidental commoditie(s) to be Superior Oilfield Services a_ ----- , Ltd.. 1155 1461 2716 i pitted acres acres acrts application fee S3,342.00 quarry application S2.229.00 amendment tee 52.696,00_ conversion fee OR Name of owner of inbiurface rit#tts al -affected land: Konig If 2 or man r ricirs "refer to Exhibit O". 7 Name of owner of surface of affected land: Konig Ag Co. a. Tv e oFla erat:n: l_3` p JV Location Inf9rmi+ .l: 1 L ve Surface Underground center or the area where majori otf mining will Calr COUNTY: Weld LL7 I 6th (Colorado) SECTION (write umber): TOWNSHIP (write number and check Ji etion): RANGE (write number and check direction): QUARTER SECTION (check one): U TE rQU ITER SECTION (check one): S 22 12 R. 63 10th (New Mexico) North L South ElEast Ps,/4 �w r NW SE S ute. GENERAL DESCRIPTION: (the number of miles mid direction Six miles west and one mile from the nearest tcwa and the approximath elevation): _ north of Hereford, Co. Elevation is i - 10. Prim anMine En tr an cr Location (report in tither Latitude/Longitude L&t]t lc_ , ►-n etude: Example: ple (N) 390 44' 1198" 1' 104O 59' 3,g7" Latitude okso: deg 40 59 18 .54 n sec (2 decimal places) Longitude (W): deg 104 min 25 19 57 �. see , (2 decimal places) Example: (N) 39t.7369 OW) th 1003449° Latitude OR Universal Tranverse MercarITM Example: 201336.3 E NAD27 Zone 13 4398351..2 N UDatum. (sped NAD27, 8 or 84 ad 83 TM Fasting Northing _ (5 d=imat p e .) (5 decimal places) Zone13 ei 3 I.I. CorresoartittetNe Intorrnadou, APPLICANT/OPERATOR (name., address, and phone of name to be used on Rick Miller Superior Oilfield Services Col Ltd 2986 W 29th Street *12-13 Greeley Colorado Contact's Name: Company Name: Street P.0 Box. City: State: Te{ephoue Number: Fax Number (970 _ 3524444 0 _ 1. 353-40139 rickam PER IITT G CON7ACT ( if differ= from app nt cperar - above) Contact's. Name: Company Name: Street/PD. Box: City: J ta; Telephone Number: Fax inrnber: INSPECTION CONTACT Contact's Name: . Company Name: Street/P.O. Box: City: State; Telephone Number: Fax Number Jack Niftier permit) Title: President P.D Box: Zip Coe: 80631 H T a e co Hfi &d _ corn Title= P.O. Box: _Superior ilfie ld Services Co., Ltd. 2986 W Street #1243 Greeley Colorado Zip Code: {Et Tides V - P- _ f 970 352-4444 Cell 97G -573-802D RD. Fox Zip Code: 80631 it a 353-0139 jacicrn@laseroitireld.com CC:. TA Lb OR. FEDERAL LANDOWNER ( if anyj Agcy: Street: City: State: Telephone N er: ( I - CC STATE OR FED E ,►,L. LANs O lif Agency: Street: City: State: Telephone Number: Zip Code: Zip Code: 12 , Primitry future I P ariflnIon&, uSe (check onet rela rtd(PL) General L r Rangeland( ) Foreslry(FR) it dl fe Habitat WL ) Recreation(RC) Fndu trt b ors tneret.ai .) Developed Wat-..aft- Resources(WR) Solid Waste Disposal/ND) Primary present land rue check one Cropl d(CR) .angtland( ) esi entiat $3) Fast[PreIard(PL ) Forestry(FR) Developed Water Reso ees(Wa) 8 General A gricuiture(GA) Wildlife! abitat ) IndusLidushial, Commercial(IC) 14. Method or Mining Bt' ctiy explain mining method (e.g. tructsbove1): Front end loaders, dozers, scrapersi and excavators will be used. 15. Oil Sth Processingi Crushingigent,ening 3 . Rr xn tit Troth J- method (ea i. Which c ahovel` : n o ie 4 A d ed die crushet ich '► Illprocess- _ - 0 ido a wit be s " . ! rr kh - en nfl material in the des c nat J location List any desisted chemicals or acidaproduciug materials to be used or stored within t permit area: 16. -scrind9u of Amendment or_conversion: If you are amending or converting an existing operation, provide a brief native describing the proposed change(s.). The operator is adding 14.31 acres to the permit boundary. a J - Man Two (2) zomplete, unbound _application packages& must be subrrniccwd_ One i:ompkt applicationpackable consiacs or si cd a. l form and the set of maps and exhibits referenced below Exhibits As St, � - �� 3r•1C�� ndw.0 1, and the G c is Stability Exhibit Each exhibit bit within the application must be przsenttd as a separate section. Begin each erxhibic on a new page.. Pages should be ntirrbere4 i n,ecut,}ii cot to or retbrtncei If separate documents are wed is•appendiees,, pier fertnce the by name in the a hit. Wtt,qty +�''y r� ith w � dt 6� � i the ' `-~h rf 'r � q 3'�"i �`w• �+y� (� � �.y� �, � � �r�+. c t 2 ) is �r5�• application.f oil i' 10.?_ ji %�i j Lie s' m 11.Yal ` corresponding .� t� _ r _ -1 .� y � L Y a j ��F the maps 17-{ �yg+T.m! 7''• ,7��`,�. �t'�O -s�+ +� ,, # i ��.y � J� yJ � � r K .`k3f i �..� S �_ V �.i��4C ''-�.�' and o.r4111 �'� i� _:+.7� L+i.`ti..�!''4�lJ�i•Ll ire the Following re fer c , to Rl'.e 6 4, 6.5: and } „6.2t i )# o,. EXHIBIT A EXEDBIT B MINT C EIIIT D EXHIBIT E EXHIBIT F E:XIIETT C EXHIBIT H EXHIBIT I EIIT EXHIBIT E.BI T L EX TFiT Nif EXPBIT N E DIT D E TB T P EXIA rant E till a MIT S Rule I.5.2(I K PC-tr .0 1,r r 5_. Legal Description In d x. Map Pre -Mining md Mining Plan ,NIa: .) of Afthcted Lands Mining Plan ecla lion Plan _ed a tive Plan Map Water information Wildlife Information Soils Information fir'"eLt tiOn .Informathn. Che y Reciarnativa Cysts Other P 3r • s and Licenses Soon e of L R. _ ht-To..Enter Owners of Reruord of Affected Land (Surface Area) and Owners of Substance to be Mined Municipalities Within Two Miles ?roof aMailing vfNotice.s to County Commissioners tong's andConservation District Proof of F it ing with . o y Clerkc r Rtvocder Pe r`n ant Man -Made Stnicturta,s ADDENDUM I - Norice .R._equirements tscample enclosed) ,y rr+� � e�e�' Z ry .' Exhibit . (any r�� a 'oiic inj & S�_t it Exhibit #a2�7 iegta S inset c~ 1 t J �' ■ 123.i� . The instriztions for Fr g, d ,ib i A-& Addentkinand Geotethnical Stability Exhibit arz ipecifiettRule 6.4 and 6.5 Rule 1..62(1)(b) y o.f the Rliks and Regulations. you any questions oa pr , the Exhibits or content or iaforma or t�� E� !� to schedule � �-� itr.�ation me _ . n ragweed, g you. may tact the Office 3G3$6 3567. BiasonsaMes as a Permittee: Upon application approval and permit issurrace, this application becomes a legallybinding document.-. r[yp(a■ Therefore, y� 4�\ �J: ��\there � iLi number of important re ire which you, as a rmi�t�ee, should fully understand. These requirements Please read and initial each requirement, in the space provide, to ac owie i:c that you understand your obligations. Tfyou do n - t understand these obligations then please contact this Office for a full a x.y),.J.lanation . I f I Your obligation to reclaim the site is not liability limited to the amount of the financial warranty, &la You me legal for' all reasonable expenses which the Board or the Officemay incur to reclaim the affected teal lands associated with your mining ration in the event your' permit is revoked and financial warranty is forfeited; 6 a, A la /lent .. The Board may suspend or revoke thli permit_ or assess a crvil penal y, upon a raiding idin th:i_ the pe.tn. ut ez violated the terrmci or conditions of this pernm':1, Act, the Mineral Rules rid Regulations, or tint in rbn mrr on atoncathed in the application or your piertrit rni;repr-_scnt important material facts; 3. if your mining irk! rt lamatiofl operations aittact minas beyond t borders of En eppraced. permit. b .,nnci.a:r-y . st penal dzts, I'D you as perrritttlt.mi can result; ;4, Any rodh._ c rI on ID the approved mining :and reclamation plan fromC`c°sT - 2 &d otilt!_r a app wri o n r iu s !you to submit a permit modification and oh . approval from. i � Board or [h h y 5. IL is your resp-omibility to notify the Dffize of any changes in your address evr hrine ; num' p a b. Upon pen= issuani:c. and tvi beginning on -site mining activity,you rnu. ' post a sign :ea nt ce of sue -ae, which l ali be 'oleo:Ay vi31' 1e from the eteces; rod, ifYith the follovrime infonration Rule 3,1.12): a, the name of the operator; b a statement that a reclamation permit for the operati m hqs been is sucd by the Colorado Mined Land Reclamation Dowd and, the permit number.. r , The boundaries or the pi-nni'A boundary area must be marked by monuments or other makers that ary c1 ar1 visible and and adequate to -dslineate such boundaries prior to .site disturbance. It is a provisiric Df this pest tMk that/ aperations will be conduclzcl i acconlanct with t errn3 and cnditions liste i you! application, as well a with ::he provisions, of the Act and the Construction "selriotrial Rules . and R.tguiations in effect at The time the permit it is issued. 9. Annua]Jy, on the anniversary date of permit ;i 3SUaace� you must stibmi t an annual fre .as specified by Statute, d an aural report which includes a inapt describing the acreage affected and the acreage reclaimed to date 'i1 there gre changes from the pr vious year), arty rnoninirbrig required by the Reclamation -Pl{ n to be submitted annually on the a ° • dates o.thz, permit approval. Annual fees are for the p:r vmmwus yearn 13 held. For rompl , a p m-li. with . nn kt y data of July 1, 1995, the annual feY is a the period I „ 1994 through June 30. 0 1 995. .Fa 1 Mute to 311 5. ins: our m rr:� u'.�a Y fee :rod e1 or'b d T ' by the perm"! arro.iversa�. Hate ��:�� result in a civil penalty, revocation of your permit, and b et o r your • n rnoi a l warranty. it is your e. .. w . e p rni e -x to continue to pay your =rte fr to the Office , wrt , i Li c Board releases you 'r Drm y OUT total roc la f. Lion responsibility. TO. ForbirDint veriturelpartnership opec'ator-n: the signing representative is authorized to sign this power of a at orney (provided by the p ae5 authorizing the signal of the representative is a tt r hedi to this w a app►. c on. ��h►►++. 7 NOTE TO C I lL T o S O BJE CT O . is liketv there Will be additions, changes, and de..letions to this document prior to final decision by the Office. Therefore, if you have any comment-si or concerns you must contact the. applicant or the Office prior to the decision date so that you will know wha: Man its ma> hac " been made to the application document. The Office is not allowed to consider CO L n tgt � kss they are r tt n. and received public period. You should contact the applicant tor the final date of th.t. public comment period, If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals precess, you may contact the Office at (303) 866-3567. 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 34-3 2.5- t t 5 (4)(e), R.. .). 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115(4)(0, C.R.S,; 3. As the applicant/operator, I do not have any extraction/exploration operations in the State of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-323-120, C.R.S.) as determined through a Board finding. 4. I understand that statements in the application are being made under penalty ofperjury 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 a32 . -I' I2tC.Rv&_g of the Colorado Land Reclansation A.ct,,'or the Extraction of Construction Materials. Any alteration or modtfication 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 ut a permit pursuant to section 34-32.5-123, CJtS. Signed and dated this =, *chiday of 4PRJA—. S Jen ) j 1CP-5 r 'If Corporation Attest (Seal) Applicant/Operator or Company Name I s Signed: Title: President State of ) ss. County of _ The fo regu i n. instrument was q.cknowledged before me h i s -0 day of F A by (r _.. df ' ? . " r (/4C0/1 JOD1 COX Notary Public State of Colorado Notary ID# 20144022503 y Commission Ex Iras 06-.05-2022 Signed: Corporate SSc tary or Equivalent Town/City/County Clerk Notary Public My Commission expires: SIGNATURES MUST BE IN BLUE INK You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a t c. proposed mining operation. The following is a sample of the Notice required for Rule 1.6.2(1)(h) that you may wish to use, NOTICE is _ ..rOR 0 ft- Fi This site the location of a proposed construction materials operation. (Name of the Applicant/Operator) i c ant/Operator) , / whose ddress and phone number is (Address and Phone Number of the Apl i waperctor) ,esy Ar2,004, 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) `y Cou . L Clerk and Recorder's Office, ,fl(Clerk and Recorder's Office Address) - �� -= and should send comments prior yyy � to the end of the public comment period to the Division of Reclamation, Mining, and Safe r 1313 Sherman St, Room 215,Denver, Colorado 80203. Certification: I � here certify os that I posted a sip containing the above fo r or theproposed r r permit area known as the Ope ration) eration) Nc - L f - Piit on (Date Posted). ear — .4 SIGNATURE DATE EXHIBITS FOR NORTH STAR AMENDMENT Exhibits that were charrged; Exhibit A Exhibit C Exhibit 0 Exhibit E Exhibit F I Exhibit L ExhibitQ Exh€bi-t R Exhibits that were unchanged Exhibit B Exhibit Exhibit H Exhibit I Exhibit i Exhibit K Exhibit M Exhibit N Exhibit 0 Exhibit P Exhibit S NORTH STAB PIT AMENDMENT APPLICATION Exhibit - Le at Description , a °its ion ci t kapLI 1 tv S^s • rag r ti I 'Lr I f 14.1. . DS {tk County Southwest Qjarter • o � � sh qtr ; ��,,, e`'„� or 4." Weld, more r i cu i ar y described as forioyis: COMMTNCING asksu,mng the 88a57140" cLasL, be;ng a grid bearing f the •Coorado Rorie 0oordnate System, north Zone, North Arnerican Datum 1953/2007, w7+ . recjathie thereto. N 't h 3xth •r• ! t..r, Settste fl; 4 or , of j thy e t c rner Sectton 22 ._ n �. tiS O Li nt t i,rt' of said ct bearing oil Deanngs con toned her =si Ys !-Ev H North 88'57t4Q" cthon the South i Qne of l d SWi/'l a distance of 1144.94 fecat to h e POINT OF 8 ECt N*N' * ! H 1-44 7i North 31'47'58" West t �' � ar 3"'''p : s Let8881'Lit 2 'x.15 0 distance of .1219.75 Fee ; distance of" 1060.21 leet; THENC:E South 374101345" 7 ast a distance of 4129519 te eet R ! r 4..E ' r ini..... or Said T;FSWI/4); t E ,. South 8BWest aiong said South i}n Q a distance of 1197,4-8 .Pia, to thePONTFaEGiNiNING.5 F le 0 SQtd deserted, i r c e i of land contains- i 5tat 1,183,026 ft or 27.159 aci s, more or less: and is subject to any exist.ing easements and rights of way of record or as now existing on said described parcel of land. NORTH STAR Pit 112 RECLAMATiON PERMIT APPL]CATJQN EXH1 B ND EX A.P 40 North Star 112 R.eclarnation gir th NORTH STAR PIT 9i2 RECLAMATIoN PERMIT APPLECATLON EXHmITC—• PREISMINThO AND MINING PLAN MAP See attached EXHIBIT 13 as MINING PLAN fa,) Description of the t (s)o,mhithg to be employee/1Meach stsge of the operation as related to any surface disturbance an affected lands,. This site has been mined under an approved 112 permit since 2014, it is being amended due to an increase in acreage. The total permitted area will now be approximalely 27 18 acres Miringwit(' bedone from west to east working the material from the north to the south to the permit boundaries, this wilt be done once the west side bank has been . a li M M d through to the existing lower elevations added to the permit bound - des worked and included., rb� (c) EartArnovings Scrapers will strip the topsoil and overburden materials and place them in the designated areas for future use dung reciama onr These areas will be at the south end of the permit area on the west side. Any excess material not needed for recreation may be sold or haufed off -site during the life of the mine. The topsoil will be seeded if it is left undisturbed for more than one growing season. The site Ali be mined in one phase using scrapers, bulldozers,front-end load rs excavator. or similar type equipment. Material will be fed to the r � usf;irag and screening operations by front end loaders picked up at the embankment areas and transported for processing. The plant sites for the crushing and screening will vary d ndin on i`. is i _ � what part of the site being minedThe processed material It stockpiled y conveyor or front end loaders depending on avariabie space. There wilt be a ten foot set back left around the entire permit boundary its the exception of the west side that will be daylighted ht through to the existing ground level. The remaining sides will be orked at a 4/1 slope with the in place material being used for the s;opes, thereby negating to need for fill material to be used for reclamation. The operator may import material from ocher~ sites, The applicant is aware in accordance with Rote 311.5{j of the Construction Material Rues and egulation if any effete material is used as hack ii, a notarized letter will be submitted to the Division iv ■ ■ ior7 indicating the materials are inert, The applicant will s supply such a fDivisionif�� '' �r �� the ��, at the time of Redamation, the applicant intends to use off -site material as backfrits Al Hafer liven/on and o n ents and it is not anticipated that this operation will impact suer � � aor gmundwater. A water truck will be assigned to the site when in operation for dust control if needed. Water will be sourced froman industrial well leased by the operator approximately miles north in Wyoming. An estimated 6,000 gallons per day wilt be used for dust North Star Pit 112 Reclamation Permit NORTH STAR PIT 112 RECLAMATIoN PERMIT APPLICATION Stonwater will be contained on site by berms placed in the correct areas, Stormr water t y i l i be controlled on site and reteased in a controlled manner to not damage off site areas in accordance with the operation's stormwater management plan North Star Pit 112 Reclamation Permit NORTH STAR PIT 112 RECLAMATION PERIVUT APPLICATION 'dJ The the of area(s) to be worked at any one time. The entire 27 13 acre site will be mined in one phase. if sstbi reclamation ,pit. be done II areas Chat have been completed and are out of the future mining ach es, (e) n ape /irate timetable to describe the mining o. • ra//on The timetable ifs for the pines of establishing the relationship between mining and/reclamation burin the .Y different „aas c/a mining operation, It i estimated that mining will be completed within five ears. but the life of the operator) is dependent on market demand. Any recCa.mation not done before, the mining is completed MI I e finished post mining Use ilinithy Plan Map At wail/action with narrative to present (I) Nature, depth and thickness of the deposit and thicimess and Oppe of overburden burden to removed The thickness of the opsoil is 4j to '}. The overburden ranges from 1 foot to 2 feet. The sand and gravel resource is an lluv f deposit that ranaes in depth from approximately ten to 16 feet. (1) Nature ore stratum Immediately beneath the master/alto be mrned sedimentary deposits The stratum immediatety beneath the sand and gravel deposit is claystone with banses of siltstone and sandstone bedrock. r (gl Identify the pros . and secondary commodities / - ties to be extracted and describe the Intended use. The primary commodities are sand, gravel and fill; intended for construction materials: Name and describe the Intended use of all expected Incidents? prc to be mined/extracted by the proposed o era /oa there are no expected incidental products to be mined: Specifrf explosives wills used incan u tin wfth the Milling (orr reclamation) V' e ph&ve material wilt be used D itEr 1 North Star Pit 112 Reclamation Permit NORTH STAR PJT 112 RECLAMATION PERMIT APPLICATION EXHIBIT E -� E LAMATION PLAN (if aescription of the pe(s) of reclamation the Operator - .ro es to achieve /the reclamation of the affected lnd, why each was chosen, the amount of acreage accorded it, each, tide generale:cuss/on of methods of reclamation as relatedto the mechanics of ead/mi'o vhig; Upon completion of mining, the slopes will be shaped to a maximum sbpe of 4,1 to connect with the existing grade on the perimeter of the properpropent and the mined aren, The mined areas writ be seeded to the grass mixture noted on the reclamation plan and returned to pasture rand that the property owner can then dry lard farm if he wishes The lei& areas mined wifl be graded, top sodded and returned to pasture land graded to work with the surrounding elevations, (b) A comparison the proposedi ing land use to other land uses in the vicinity d to adopted state and local land use plans and prosrrams. The proposed pasture land compatible with the other land uses in the vici it f which is essentially a cturllands (c) dascription of how the eci a5 O Plan will be inapplemented to meet each. applicable requirement of Section 3.1. The Operator will carry reclamation to compietion with reasonable diligence.- The site reclamation wilt be completed rtl in appro imete&y one year from completion of minin but not mom than two years from the date the Operator informs s the Board or ice that such phase has commenced. Senor 3.1.5 Reclamation Afeasvres Materiii Handing Grading of the upland area will be consistent with the existing pre -mining grades in this area which is appropriate for this use, When backfilling The upland, the operator will use overburden and non -saleable soils compacted for stability. Grading will be performed to heap control erosion and siitet on of the affected lands dthing mining, implementing good operation techniques to handle material as life as possible, and vegetation of stockpiles remaining m place for more than one growing - season, Although the use of erosion protection devices is not antic€ .ate , if deemed necessary the operator at the time cf excavation, silt fence and he bale dams ill be installed to prevent erosion, Backfllrng and grading will be completed as soon as feasible after the mining process, is complete. Maximum slopes and slope combinations will be compatiblewith he configuration of surrounding conditions and land use. Mining will be done at a slope of 4:1 allowing for farming of the area post mining. Sermon 11.8 WateraGeneral Requirements. The Operator will comply - with applicable plicabl p �' Rp e Colorado water laws governing injury to existing water rights and with applicable state and federal water quality and dredge and fill laws and regulations, North Star Pit 112 Reclamation Permit NORTH STAR PIT 112 RECLAMAroq PERMIT APPLICATION Section 3.1.7 Groundwater - Specific Requitement& Ft is not anticipated that : i operation will impact any groundwater. North Star Pit 112 Reclamation Permit NORTH STAR PIT 112 RECLAMATIoN PERMIT APPLICATION Section In Wild/if The mining and reclamation plans have been designed to accout for the safety and protection of wildlife or the mire site. Currently there is no significant vegetation Dr topographic stratification that contributes to wildlife habitat The proposed seed mix Mt provide food, cover and nesting areas for wildlife. 44 _ Section , t9 Top Soiling Topsoil shall be removed and segregated r � from other soil: Topsoil stockpiles shall be stored in places and configurations to mini erosion and located in areas where disturbance by ongoing mining erations will be minimized. Once stockpiled, topsoil shall be re -bandied as little as possible. Stockpiles � � that wit! remain �n. place for more than one growing season will receive vegetativeminimize erosion, Section I fig Revegethtibr The tand shali be revegetated ed in a manner that establishes a diverse, , effective, and long-lasting vegetative cover that is capable of Msail-regeneration without continued dependence on irrigation or fertilizer and is at least equal in � extent of cover to the natural vegetation of the surrounding area. Refer to the Reclamation ation Plan map for the proposed seed -mix. Section ! 1. ft Bu sad tures No buildings will be impacted pasted by this proposal. Section 3. f• f2 Signs and Markers: The Operator it l' post appropriate signage at the entrance to the mine Se. The permit area will be ri arKedexisting or to existing County roads. byfencing, proximity Plans for topsoil segregation, pres e of/o and replacement; for stabilization, compaction and gradinof sil,. and for revegetation. Topsoil shall be removed and segregated from othersoil.- Please, �' tl�e refer to the Mining Plan Map in Exhibit C for general locations of stockpiles For reclamation, � e topsoil will be replaced by a scraper and generalfy graded with a blade• Grading shall ll be done in a manner that controls erosion and siltation of the affected land to protect areas • affected -- t and poutside the ted land from slides other damage. In addition, backfiffing and grading cornpP ted as soon as feasible after the mining rocess. Finalgracfrg will create a final topo ra.hy that is r ri a r.topography � the final land �� Topsoil ��lt! be uniformly placed and spread on areas disturbed minfrinurn thickness halt be 6 inches above the surrounding undinr finished r. .� . keyed • grade. The topsoil shat! be keyed to the underlying and surrounding material b - theharrows,-a � �� f rollers or other equipment suitable for the purpose. The Operator will revegetate the land in such a manner so as to establish a diverse, effective, and long-lasting vegetative cover that is capableof . �. a�l� narat��n without continued dependence on irrigation or fertilizer and is at least u l in extent of cover to the natural vegetation of the surrounding area. North Star Pit 112 Reclamation Peru it NORTH STAR PIT 112 RECLAMATION PERMIT APPLICATION a) A pan or schedule indicating how and when reclamation will be implemented. include; 1,1 An estimate of the periods of time which will be !nuked for the various or pa s of reclamation, Reclamation of the site will be rnp etad within approximately on r after mintng is :o plete, but no longer than two year. Please note that the schedule is an estimate based on current market conditions, The timing may vary depending demand for construction material, which may impact the life of the mining � r�ang operation, 2) A descriptionat er gr~a t _ /mum anticipated sto gradient nt or expected ra: the The maximum anticipated slope gradient will be 41. 3, Seeding - frpes, mixtures, quantities and time of apl aton The operator will seed during the appropriate season to ensure adequate . moisture for germination and implement ,weed controls to allow the grasses to successfully establish. L Native Sandy Grassland Seed Mix Common Name Scientific Name % of Mix N PL/Acre Yellow Indiangrass Sorghastrumt n+ tans Little .B lue tern Schizachyruim scopariun Indian Ricegrass c nather m hyrnenoicies 20 10 5 3.00 1,05 Sideoats Grarna Bouteloua Curti ert u l a I 10 Sand Lovegrass rasa Eragrosti trio e 10 Prairie Sandreedai •r i___ aaft 1 Switchgrass p Panicurn vir -at rr i Sand Bluestem Andropogon flan 1.80 1,35 .30 2.1D 120 5 Species and/or ° may change depending on availability. Seeding rate: 11140 PL /acre drilled, 223 PL.acre broadcast 45.0 PUacre smaller areas. 0.80 Fefillization -types; mirtures, quantities, and time of a i at on; It is not anticipated that any fertilizer will be necessary. If it is, i the type and application rate of fertilizer shall be dedetermined based on a soil test atthe time of final reclamation. North Star Pit 112 Reclamation Permit 101 NORTH STAR PIT 112 RECLAMATION PERMIT APPLICATION Revegetatkin a types of trees,. shrubs, etc.; and No trees or shrubs will be planted as the area is too arid to naturally sustain them. Top Soiling a specify anthpated miniumdepth or range of depths for those areas waiters topsoil will be replaced. Topsoil ill be uniformly taped and spread on all areas disturbed by the mining to a minimum thickness of 6 inches. WEED MANAGEMENT PLAN The operator will monitor and control noxious weeds meth a n t l l y by mowing andlor � disking, If necessary weeds will be trolled with a contact herbicide by a person who is certified to urcha e and handle the herbicides, EXHIBIT F RECLAMATION PLAN MAP See attached. EXHIBIT WATER INFORMATKN The operation is not expected to directly affect surface or groundwater systems,_ EXHIBIT HiWtLDLJFE INFORMATION 1 The Opera/or/Applicant shall include, in this Erhibit a descittion of the game and How a resources on and In the vicinity of the application area, lrycludingit a) A description of th significant wildlife resources on the affected /a There are no significant Midiffe resources on the site as this site has been disturbed by mining for over 13 months. Poor to that the site was regularly disturbed as it was cultivated ir a dculturai land (and t is surrounded by cultivated agricultural land). The C characterizes this site as Loamy Pains and 'Gravel Break' with low - plant ,nt density (refer to Figure ¶ on the next page for. illustrative gr hic). We have incorporated several of the grasses historically on the site (Little BuFestem,Sideoats Grams) into our seed mbx to help improve the site's wfidiire value post.reciamaton. North Star Pit 112 Reclamation Permit NORTH STAR PIT 412 RECLAMATION PERMIT APPLICATION b) Seasonal use of the area; ; Because the site does not contain any significant wikilife resources, seasonal use of the area is limited . c) Threatened r endangered species; The site does not contain suitable habitat for any threatened or endangered dl General sect during anda the propose' operation on the ax/slugwildlife of the area; The agricultural and mining activities on the site have limited its value to wildlife. The site is small enough that migrating wildlife may travel around the site. Once the site is revegetated, to to a', it will create improved cover, foraging, and nesting areas for wildtifa, • 7' AI Ecolog1 - Viw Ali gtok of .%1 PM Info p P Pi �I Cum -grant 7�±yc,lc;i:al 7 .ita 'Asa r-ci M MD p.Jib& .nz aiRnrt iazie Lek rres� Et-ci-O .fc&i "Site T.j ,s k�figiralzinc Wu Ati EcWg4cai ilE s zsfa 10+ 7BY 0aC . — LOWRY Mahn 71,.I a. Ecological Ske Blue &ain.a/8uffalograss Sod 1 3fue Gr3rnateuffaiogrags Cod with Cool Season Remnants ae,-back J -b ad/ - d C Leci-W Plant Danstty, Excessive Litter Red Threeawnr Anntiafs, Bare GrQurrdl Seeded rge#.and -� • IWeratern *he ac gra s 3, lug Creme 3reer. � lrt Rearm, Pal ng ft h Plant Corntu� ty flf -- Grant Smirks # -1i Y �11 This �.•(i•'•fie Rare 3 —round, :erotica —mg Annuals P'L1n core. je Gramm Sod, Threaded Sedge PCanbrrm 'r alusa 3c3rna alit Dearened and Tad Grays P €tt fi..orir1' r;t'd idle m, Sidecars Crania Plant Community Figure 1 Source: USDA Natural Resources Conservation Service: h tip • :flirt'? 'I ~4 aigi • •�� ▪ ▪ r q q. r. x .411 L° North Star Pit 112 Reclamation Permit 121 NORTH STAR PIT 112 RECLAMATION PERMiT APPLICATION EXHIBIT I smq SOILS INFORMATION (I)I cons ultation withthe So/ i Coaservation Service or other qualifiedpeaon, indicate on a map (in ft ? or by by. statement the genera/tope, es and distribueloo of od over affected/strut Weld County, Coilorardor Northern Part (CO617) ,- Map Unit Snit oi 3 nap Unit Name Acres Percent in AOl of ACM -14'.w a .: _ ' 'Thee sairo w �i L� as V •v !-d4 cecen sic -e IMO !'1 ma Sara f bet ;sr. ,re +r!.a • a ' .. i1 i u ' 5 � T 1 Mo 3 f • 'Totals for Area ra Interest 12.0 31110,0% flgu r 2 Source: USDA Natural Resources Conservation Service: a *etc �}�s V r a at '.. " _� 'r '�� onil '�' I-- �T� k.� ':.• • � r;T, ,r +"w J North Star Pit 112 Reclamation Permit 13 NORTH STAR PiT 112 RECLAMATION PERMIT APPLICATION EXHIBIT J - 1%EGETATION INFORMATION (a) Description of present vegetation ty' hiitcWhig estimates of cover and height of pri c / specks in each fife -form representeit This site has been mined under an approved 110 peniiit since May 01 . it is being converted to a 112 Reclamation permit due to a slightincrease in acreage. As a result, the entire site is disturbed and there is scant vegetation. ('4) Relationsh0 of present vegetation to soil types; This site has been mined under an approved 110 permit since 2012, It. is being converted to a 112 Reclamation permit due to a slight increase in acreage. As a result, the entire site is disturbed' and there is scant vegetation.. (�l Estimates of annual production and carrying capacity if the choice for reclamation is for range or agriculture. According to the Natural Resources ConservationServices (R), 'most areas with Peeti gravelly sandy loam its are used as rangeland...a a few areas are used as a source of gravel." The NRCS estimates that the average annual production of air-dry vegetation ranges from 500 to 1)200 pounds and that livestock grazing should be managed to maintain the desired balance of preferred species in the plant community. EXHIBIT K - CLIMATE INFORMATION !�l Provide a oiescrOtion of the significant climatological factors for the locality This property is in a semi -arid continental climate strongly influenced by the Rocky Mountains. The area is usually warm in the summer with frequent hot days. In winter, periods of very cold ► eather are caused by arctic air moving in from the north or northwest., Milder periods occur when westerfy winds are warmed as they move down slope off of the mountains to be west. Weather monitoring data is not available- from the siteThe nearest weather monitoring station is the Greeley LING, Colorado, Station 053553 in the National Weather Service (NWS) cooperative network. Figure 3 on, the following plists the average minimum and maximum temperature, average total precipitation, average total snowfall and average snow depth on a monthly and annual basis. Most of the precipitation occurs as rainfall during the warmer pad of the year with the heaviest rainfalls in the late spring and early summer. Winter snowfall is frequent but the sno cover usually melts quickly during the milder periods. North Star Pit 112 Reclamation Permit 14 I NORTH STAR PIT 112 RECLAMATiON PERMIT APPUCAT]ON Greeley Uric., CO La€ LLA tr.4 ) r4tct , LaoNilNicie . • 1 `4215 ' EI V aLi 4;115 ID ti:. ::55 Jan Feb Mar Apr May Jun %ha Aug Sep co Nov Dee High & Low Ternperatiarecf l Cooling & Healing Degree Days t Precip to lion (inches) - a s T- �S .fan Feb Mar Apr May Jun Jul Aug Sep Oa New Dec - 'inter Spring Summer Autumn. Figure Source: rittp , 'Vety rts corn: U.S A -Start n ,_. , 0 O _ 5 5 Exwasr L -- RECLAMATON COSTS See Attached. n EXHIBIT III --- OTHER PERMITS AND LICENSES The operator has the following permits: APENs for crusher, screen, generator and overall mining operation. The operator also has a stormwater management plan per Colorado Department of Public Health and Environment requirements, EXHIBIT N SOURCE OF LEGAL RIGHT TO ENTER North Star Pit 112 Reclamation Permit 15 N NORTH STAR PIT i12 RECLAMATION PERMIT APPLICATION EXHIBIT N — SOURCE OF LEGAL RIGHT TO ENTER AC"Qc AUTHORIZATION TheC� ' r.v of {'4"'`•_,FF;oc. .ice 11 r W `F h PM • r R e grow. a • ck� it .tir '�.+ �T .��•,� � �.� �� .� . f4-�r. -, � h^i � , R63 t P e 4�� F ! � � Br � r �.•• hereby ��,r��" �� : i E � � k� �,. �, ,! 1' •a: ugnera. tip Superkir ilf+ Id Sclrvieis Co,, LTD, PC) Box 3363`'t, Grr:cley.CO 80633, to build and us -ea roadway, to be bu iLt within a 100 ft corridor bordered by the south SEC ti o 1 lineof section YY and running for one nine- west from Weld County 1 lire mut shalt be built and :artii%rrtaine by, Superior Oilfield Services, Co at their exilen.se'r The actess sleuth he granted for a period of ZL yearsor until all mining and ,edit'! o do rt is ` ornpl L+i al the- iiii:orLh Stagsmine '.n Section 22. SjpititM and agreed this 11' day car' April, 2012, by �•� i'se-P--r�—�I�- �_s:ir-!s�rsa— JEr Joel Ka M ember KBE 'fn c. 5 851 CR81 G r vn r, CO 80729 a, .$14toorcol r rriziLi County of Weld _ r ! M b:b ail Miller Pre std a ri k Super-1pr Services Co., LID P0Box 336 56 Grim 14.1yr CO 80633 T b e foreg•orthg instrument was acknowledged before me this ire 1r- day of Apra, f 01 by M :%ail frillier arud Irr& unt per ;arm y known to notary, Tara grisby Nota i 42 BQ CFI 7 2 R , Box 336:356 # ree1 eyL CO 43QS3 • n0.464,3222 * Fay.: 970.454.8723 W ivve .r.1flrif cIlfield.Ciim • superior, iiiel:d} hot, 'aiLfeor North Star Pit 112 Reclamation Permit 13I Page NORTH STAR PIT 112 RECLAMATION PERMIT APPLICATION A E= M" ~ ' J '�r' S ..tf l Eat} This y ..4 r;r ! r rAr i .. f . �� t f o 1 � yr i3. �a. � `{�J{�i �{^� `��a+y.� +�+= the }y�� ,� ( � �'+ �_• �+•• jj• 1 �{ `i IM LEASE AGREEMENT 7.•. '•-i3.i�• 2 .1'`�fxiI S�'hR_ ,` y c S�,7I{ ,tf 1 ctS it Ucc A" cr. ≥U] 1 [th r . 1 I 't TV [.S), [ 4betviottn Karig Ag Co uir s idri .} wb! ce prau, ip � Et &tem is 37231 ry t �•� l its 7 L •I• I �.i, r N...._ j3(t � 133511 f■. ..pw�� +��■1�ri� {i � 1�+ w' S' ,y' � 7 } '� Can � Ltd., ( ,y��y .t '� _ n lly S tQ, iln •'�a,YS akAi•.{, c t :+� Y �.r�:G.l�3Y� C i cs c' ;3' and } i "4'i'i_T{ O •� €a1 1 Sie v i'i.•rn Tir�� np�•f n . Ltd., a s } y +.. t k,ln;tc '� `" h i t4 J t b it, i company, linage � r#nc•• Y irv3', ! ?antes k Pre ) Box 1163564 Gray, s a i y, Ci'! ct _i 4: 2 ( L d 1e he; #` rctz �r ti F t - lI # • the. �� s � l • � �`Ert '� 1( Lessor �;• and F,,aj• acg � !��'�a. i r �.Y �?T i Y.1 � �� (' l�, i•'• i # ), r'. �Gr ��, (•..x• 4,�' • �• •�� t �� ~� FMS � � � �. • 1 s° ti ♦ . .,1 F -JS. l� Li _ .F�J,z iSe''S' j 4 !.•f .f 5 �l _;S.� 1 �''- i�a �. 1 1 iJL . i M`.F S�".i i a 'ir�Y • irr �- i` a �� •. s�. i. '� 7t �a.. 1 ECf 7A.:€ T T ';'fir t iS'rL 41y do c _mod in the owner i1'1. erl tract f kind a. °tom e, x er t.j ie�'F E c L mar • macIn crts uw c1t! hereto arid incorporatut Eaeth by re irc nc Oh i- -'SIRf ice' . !LL• -'.g' 6' 'i �u✓i� IS Property csanistiiill srgicund di ; . nkk it sand anil grintel. 17, LA: Now desircs ij L /'a.sci and B. +: it frcni Les3cg aad Lbw r &sires to ',raw andgrant to E xsr I et z on ' : rcrc y 1kw tha situp n tibit ina r p & . �r S cers.de n ii ct cW i ,, Trcggih � �Sd 1, sC jaagit L..4) C)L1 Li - in LC alter valuable l ,�i�{}�•� r�rr��i � i , f�" r�{ and }� ,may � .p a r l%''a { i t< mryl'b� It i ticcne the receipt. and `u i a p � � r • �1-y et i S 4 t i t ti Partiest fl st: ARTICLE 1 DE lNri'ION Sfpction Li i Derimitizna M. used in this Leipy, brit fc ria itg_ teginIS shall haw, the Inemning,s Nth ,.. nth 1o. riipmfrainsal Cn rooLmet`ee ntoilik �. Ln r,A ,B+#�.`)n the thus it tilt: C lineitai {,' r L ukt defined in L pa h n be ), r) 4 ts usti255.cd ox kvaivriaf . ,y Licata- anti Lam. Utrecktist,t tL• Date shalstir'arr ti -4 date ri whia tibial I w: is excebitP.4 by S th Lt; it Lesser ' l _ I tag Year ghat itc s Pt d LT I` trintim enntiirS bbtgi tg d I o Cci su t�;.et �ititt 'iilrg i ` in w• ny annivenary theire htlig it* LAY io 'Tenn; p o'' kk�an ev tt tit if t o me ment Date do not ecc r •� g ITS day of a c-aa oath der tie Y r • 3 .Loth& the rtima a' x of Cie Onin which the Cununencontarti .ate OMB : &Eld than =I on the to Fi c ary of the lint day of the ryt cEatinchst month. lw 4S R t `d t� sii ii 11 i g 1 operations stunt; r aZnd 1i1andan ra vei any valuable s'1hd i ngr l that LI' tl.!1.•. L 4. 1 dent t o a grave' erai�-7.i4 ..L. s he d1 r an which tit; LT iaka1 it aad r i '` tine 1 1 f t t Nopetty an t w Gerunc of slith cipti.rativas. !todiici Top shill 6.0-40 00 pennds of Makrrials from flag Prci Mfiy word E. r..k . Es&:Ate racastinxi Or weight d) afier 1.19abrie ft11ow 1titkit` kiihno w fir.; providEd ki in Paragraph +' rB (bckw), b Wellt,fi f ara yph fibeforgi. Lzase Term sal have the ntrir {.frig Paragrapb 3 tekew. North Star Pit 112 Reclamation Permit P NORTH STAR PIT 112 RECLAMATION PERMIT APPLICATION r ItT E+ : i .F; It r&AN,.E S 1 Ce` I0t 1 1274, ri five a� i the.+ 1 •f .- .- ;4tar tit c to I a Hoc! leas i;, s relm; , y .• �. i � L � With {{ k �}r �•��[ •y r �,r�^[Lt � !cSf • v 14 ['� �i as � r � s. 1.■ at ai . •f t t. +1a ..+ < $�f { Y�rr r }'7 't �• p ��T -�V C-`' �'^ y� t1 i . •--7 _9 �t, y the 'r+I, !� '11 i F},. 40 Zi E.T.. iSI 1.'�.. S�1 t: S3 •t' S � S : I�! �.3 r6" L. a.� tt4" �■ ;, j E� '�'•}� " '!'il I T 1� 1 a rc'�!-'�,• Y j "d (I J i^ E U e, 1' i• f 4 Q 1.4 3.;:i i i 1, f � t �t�. k•�'E' s . � 9.i y,}'' tJ� � y■ t^1 [ a•� .ty .<'r ° ,'tr.— �r ai •S rl^� v •^a � T r.f.°'. 1 � . � lf�"3. �cr � i' rJr � i Ala , P r Op Cf ,) •1 1 M li '( . A rf w /1 •il' • t`2 •� Y ri •* • L p R�� L wi E y} �A J . j or p iTt ,{�,e Y �I _� I � a � l.N f:� it. �:�.T a-.[L� ♦E M.�fr�.J; 3...�1 �rP�, ��L..C�.t� 1 �+•4' �� Y �� i 1•it e 1 IJ SSS I•ir �'s�� I ra �t:•i'�%� 7 for the �.i ��l �s�■17 R...•L i> Y t< • cu`. -t Kin , exca a. i1;� �•at '�� i I sc. dye. ,j 1 m, tpcs 'yyt j`��■�i st.'(��''�}� ;.- t z5"'1r:� crushing,pt. tioi fir# 1• �ri� � r �.. � � E �7��1i�� Ft iff•��ij.a ��t�i�r7 i1� 7t ■♦'+'R i��.■n q.�a3�.�l a. �:� v_,��S �i•v�{�a., (.ire .1•_.�.Gl gk, ~ 47.x• .. � E' + -F ___t. X777 �� 111 i � i 'ice ;ri WW1 t Mf• till 411S a s'f 11e r.t suc' °d e tillS 1.^ re1mii r / y t�'rf ;mil ARTICLE 111 - TERM Section 3A Leae 7al d for B riu COMMelltillog, O1 13W .fit aAlt4C- Dare Mid; cxtc-tieo. Per a period or 1.0 :tan (the '--Prirr En the evtii this fn 4 i� .* tcMed 1:14 pi EP/kW for Settlion 3 2 below, • ►2 ad Ltocith period cifihne shall be referred to as t txwnckt1frw1 Primry ' trni and ExtendtilTtimt shall col leciiwty ref -crime as- the 'Lea.: -,g: atioi� ��L� n • . al� �. •^r a' . S I�rx ar � * ILt , y . r ^_ �' i, r al r. • i. t ' 3�, + ' i .� Ti=t �i u *htril b 4�.t.4trwic y the ,„i itl Zia or y p r�of1rias tr i titt1 i � br:t (f the following b rr^ prc �'i -i o q•.r'� ) • : c haw! i �"' c� Iyja j 11 r , .rT e„s s• .r • ; , 54 •�' yi 1 ,i E , b acreage r i it i �f_ t� ��-�. ��L{.�� i,� ,��.• '+��, P•;,a:�t��,:-�..�_� ��.��i: fifty ��':i•�-'�� _ !s�{i�Yil� ��l: E�,-�.�-. t"rJ' ��i�1�'4.. ��' G`r�L;L�J k� kreximitkin by the- c Md -ort c P-i≥imrair Tara, (h) IreFirree i of ittitviluatrate a -rood faith effort. o �, f � t i o G�4 thc J•1 Z acreage aa• , v ,'� •ai■ y' �• • a �' ��. ti�� MM1 c sac remaining •..i < eage a-: 3 g the Ext.c dcdTerm, �.- team Into_ J;tlw- "`t- �i EI n `e 4*t P m t 3 rLM1 etru it c• .!' trp1.! 7uc' 5 ucb pem: i- & end (4) Lessot m i x it c t:IF1iit.,e with t a! temec (. ibi ARTICLE IV PAYMENT TO LESSOR +r 7 v at. ,•r � . Paragraphs ,� . t. Section 4 Production uc.t.io � .:� �. Subject tci Paragraph 4.2 and 44 for ail M n melts • V or ro:ink• ' rrort the: Prop rty t.rfng -� dtt calendar Womb, `_, slid1_ within :45 0 days �s run- ibe cIo'a ci 3 p }U.�. � � ; mirf .h,. p ' �: L.� .ss 'r U ;' _ .u•�.:.,� - (11n:t:1(twn Ro•vaIt y") 4tc 3. a 4r=. n Payis .iiriu t c hsttitd -d Tent LI this Lear is=t . It��- ,. p.s provided ��_#r in • _. .. Mick HI the AT,t, the royalty rate 1 rcratti rt Olt &antic VS: Mc ft -Tate rate; appticl bJC: during the tat Lease '' cn t T i t Primary term , 1 c"ssi a* crup t fi c r c tG tf{. +�..,a. mitt a. � k- v i . � h. �� .. 1 �f y�T `' i�a:� E 'Ir; �■ d fc ai• `• I.i_' Sr �a� 6 E i�•�J .ti s 1 .� i lrvtk @ 4,3 ;. eit 1 T . T c ._ . p. 'aftyf rate for , rntd siLv r or olike; pttciors fTtlais atI K td riviri the, F41',31. ' k.l y if (f tri, utL yi.... mils I ui Uy -' -e r lb" is i• p a •r-t_■t uu &crisp IA r`t:O cy. Records- ss e. &WI kccpA.134 mat t i: Adequate and aixtu -c r nt; of die: gtai tk it : of. Maitrai; mihe-d tind G).11 orremaved from qv Tent -Site Ets0 Pro: ty 0. peritat dctitertaitation of thc Product'rpm i thalculAtion af the :Prodacticat Royalty, Thy royalty pardimits shall fir- accompaicd by a r. oo$b.ly statc mcnl with ctC- royalty maculation t that induct= au acct:Partilim of the ions of itlateria mined #may th c Property al r id r removed Car deemed it r n tin: to Paragraph _C-) for tim moan), n shall hue thc. tisiti3t itasoAablic tin= during business hours and upon r asonat ' prior notice 1n ex min ' a ri d andit sties mortis Cilris4MCC at officis of Lt&see and to verity the an [ ies of -�S SI r& tvtt s nil Joi a S c e *r wy. of the w sr - s Inca tc Weiii2M4. tie Niggria13, l(he event of a di sprite haivecuti the purtia With r i tot the rittafiurttritrai o ' w' f ing of thri. atmla , a;! the ru =` ii r pw t i re 1O .giabifdr. tobtridirieg athiEratirn purgua a the tree of rti I , 2 North Star Pit 112 Reclamation Permit NORTH STAR PIT 112 RECLAMATION PERMIT APPLICATION rFilIMESS WitPRF IF, Uhl fort} h vc cr r43 ur0 t i , I t( ia.$ lit; }ffeoc :; af= f bits: E. l ktcii z : Dalc LESSOR; STAtt Of COLORADO r. a C4 COUNTY OF I LD K no a ai . r u+ . 13 n .`..fir r'.i Aire. ;/, `r lide LESSEE: L ' b1:kt.rado Coi : oo ti at° A vii:(t Services CCr: Ynorir2CGS 1c ra . Cc,�n•i��- C 2i1.c, ilk :ore cin , i'astrutrpeni visas- riekillOSIged. Co. Mt Commission Ez i t �a 0 i r X STATE ) r COIThirre OF WELD p ,[ Omar' day of .k of nig SUSAN C. 11CC0LLUM Nottiry Public Stare Of Colorado Y Wit -N.1=;4 -Ss sirly hand and cp c .l k? Notary Public: Ti A _ re _ I �r raving,. i la a enl wa ac - nw dg fg r t .i day f 2011, Michie M l S EIS Pt adkat of Suproricir Oil S r i Con unye Ltd. My COMM iniOn &storm:: latt tat, .6 U1' IT SS my hand and Offiri` C tee.. sot fit Notary Public: T }U � y � � ! Al T s. I. . •Y c t$ mNA � LIKE ?Ant EASE & G lEM E • r North Star Pit 112 Reclamation Permit 16� Page NORTH STAR PIT 112 RECLAMATION PERMIT APPLICATION ATTACHTIdENT Attached ach to thift certain Grail', Mining Leave eigreement dated October 5 aur1 by and ti-rtH'trn konig Ag as Lessor and Superior ( e/( Sntkc1s Company, La as Lei`s , gentcn ly deal-i wed is as fuvii - :'s: W+ Half CW I/2■) and the boutst u ter (S ; E/4) a i2 2 . To i p ■■ `} G e& of Me ' Pi.l. In Weld o :linty, Colorado.. Datv P rrh Bangt 153 IN '-f ( _ +{may � � }S � � CS. haw ■rti `{,� ■ • it1 Y r- .... � ■ � • o i' i; 'i. �, s : � � '■^■�� i� �''• � �♦a � 11 � ��j �' � Ji�i f�' �� •� ii '"1 � �cj C +.r■.� �']J ��g. yy� t •f2' �r` �Ly uLL iI � I 5 I' ,(a,� it • , � •� �-'��•��'7n' ��3F7' �>��.l�YT� �''s�� I�r'Yi ��T��L��1 *�� T� .��•'f•�tiv a KnilisS7c..115 m [mad() .d) C nt it,': s LESSEE; Superior 0j LLPfJtxisw P.:tar 1Mint I a cplomdo Lan lux] North Star Pit 112 Reclamation Permit 171 Page NORTH STAR PIT 112 RECLAMATION PERMIT APPLICATION %lick ilk 14 CHNIEN't :"tererchoa_ to that ' inGrin ilMiths.f isx LicriiTi1Ve _ 4��Ir Cligindfittit dared (, kW& ) 2011 1 9t I it and bt$ {Y'Vfl he. (g#n f r Co. r . ig-. .fi-• of Superior tthlicaird pintiotti,lid. it4.; leis ;di P M. in n zid r iv . ,p -,1 j , z In F� r_. 7X. n Qua: E'i jr6- flu r set .1- 4 Y 1 tgloat-oh.� � gait f i Lid `f 6 ktliY c - .. . S :r a ■ Y• , .a3 4 --a fee di . i• ..3 - '.M- +- tars al. anSl.i, sr �Irz. . 4-I.Jf�M• • aP_ $ p T' T. stir- • G 5.q - s fl n ■ iliLt f�,, ' -a.t-a'ae++ v s4z 1 j Y I a'• N u at '--r IP .�1' tN�� r msc. e.aaL - - rioir ask e I . .� �e , - Lea, North Star Pit 112 edam aUon Permit a - a. •••• - f J .a� R '; a 4 us -Age e a�a . •,1 : � s■ NORTH STAR PIT 112 RECLAMATION PERMIT APPLICATION EXHIBIT O -- OWNERS OF RECORD OF AFFECTED LAND (SURFACE AREA) AND OWNERS OF SUBSTANCE TO BE MINED Konig Ag Co., is the owner of record and of the substance to be mined. EXHIBIT P MUNICIPALITIES WWITHIN Two MILES There are no municipalities within two miles. Carpenter, WyoSig is approximately Four miles north of the property and Hereford, Colorado is approximately irately five miles southwest (as the crow flies). EXHIBIT Q - PROOF OF MAILING OF NOTICES TO BOARD OF COUNn' COMMISSIONERS AND SOIL CONSERVATiON DISTRICT rr1 rR i - nu cr a C r9 Er r- U.S. Postal ervice" CERTIFIED MAIL® RECEIPT Domestic Mail Only �.i. t" yT • -.. For delivery intormatton, visit our websit at WWW!USPLCOm GREEL obi Certified Niall Fell $3. ai_I S Extra Services & Foes caeca bolt add f 11'1.'r er ki! ❑ Return Receipt @CRY) a Return Receipt (electronic) Certified Mali Fleetricted Delivery ❑ Adult Signature Required $ ._ [3, .r:5iltSignature Restricted Dkvery $ $ d 0 S i3` it ral Postage $t.10 Fetal Postage end F+ . 20 Postman( Here 03 004/26/2019 rfr +od al -id -Apr. Nor, 1..11*Flitiox p. ��s.it.a - Cdrp+45. Ii ei ia >s-sacts a E-9.iaa.asa i•-c - Ecac}-sa;.8s acts s s ca;as.s as as a a a.. a a a-'- ass ai __ma. _ a -- PS Form 3800, April '1201 a PSN 7530-02-000-9047 See Reverse for instructions r ru r9 r- n_i C a a r1 Cr rg II r U.S. PostalService"' CERTIFIED MAIL" RECEIPT Domestic Mail Only For deliver ► information, visit our website at www.usps.com= GRE.E LET C -13 Cortikeid M II i=;;.� $3,50 Extra Service -5 GS -9aas7 itchock bor odd fon og Ftuturn Receipt (hordoopy) $ f'� ❑ Return Receipt (electronic) $ ❑ Certified Mall Reacted Delivery I ❑ Adult Signature Riai;u rti $ ❑ Adult Signature Rrouranci Delivery I i hi r i Usti riel . Slat .0 - Postage S Total Postage and F S It a 90 0401 03 Postmark Here 04/26/2019 ie -- a 8170°117c p�-,5#(7- �'�a.n jsS - aia - al bw °1 8 r u r Apt 1 / t 4 e 1 Nu.' -rte ter° J _�� , _ i o lrl 1.1--, 9 ik. at ad2i> ci d - 'tiipeg.z ifs,r PS Farm 3800, April 2(15 PSN :f-1 a-02-,;C:Qr-g047 North Star Pit 112 Re tarn ation Permit 21 NORTH STAR PIT 112 RECLAMATION PERMIT APPLICATION EXHIBIT R -- PROOF OF FILING WITH COUNTY CLERK AND RECORDER PLACED WITH WELD COUNTY CLERK AND RECORDER A COPY OF THE AMENDMENT APPLICATION FOR PERMIT # M2012-004 ON APRIL 2C3, 2O1 9 AS PER NOTICE REQUIREMENTS. Receivedyj CARLY K p E with COWITY CLERK & RECORDER 1402 Nom ilitH AVENUE P BOX 459 GREELS `, COLORADO 80632 North Star Pit 112 Reclamation Permit 221 NORTH STAR PIT 112 RECLAMATIoN PERMIT APPLICATION EXHIBIT S- PERMANENT MAN-MADE STRUCTURES The mining operation will not adversely affect the stability of any significant, valuable and permanent rnan+macfe structure located within 200 feet of the affected land as there are no structures on or adjacent to the site. North Star Pit 112 eclamation Permit 23 I Exhibit L - Reclamation Costs The following reclamation cost estimate is based on reclaiming the whole 27 acres at one time when mining is complete. As stated En the mining plan the shaping and sloping of the site will be done during the mining process, thus not requiring any cuts or fills needing to be done. Topsoil wilt be placed using a 25 - 30 yard scraper at the designed depth of 6!". The area will then be seeded with the approved seed mix being drilled and mulched as required. As stated no irrigation or fertilizer is anticipated to be used during the process. The revegetation cost figure used includes approved ssed mix, mulch, labor, drilling costs and mobilization from Greeley. A blade will be used to do the final grading both before and after topsoil placement. VOLUMES / AREAS 27 acres to be reclaimed. 21,600 cubic yards of topsoil to be placed at a depth of 6" over the 27 acres. ESTIMATED UNIT COSTS Revegetation including all: of the above mentioned items Topsoil placement with scraper Mobilization from Greeley per trip Blade per hour RECUWATION COSTS Topsoil placement - 21,600 cu yds @ $1.10 / cu yd Revegetation ' $600 / acre for 27 acres Secondary revegetation of 9 acres @ $600 per acre Mobilization - four trips from Greeley and return with scraper and blade. 50 hours blade time. SUB TOTAL Insurance, Bond, Management & Profit Administration Costs SUB - TOTAL TOTAL Recommended Bond Amout Current Bond Amount Additional Amount Required 600.00 per acre $1.10 per cu yd $450.00 per trip $125.00 Per hour $23,760.00 $16,200.00 $ 5,400.00 $1,800100 $6,250.00 $53,410,00 $6,409.20 $2.670.50 9,079,70 $62,4a97o $62,500.co $30,100.00 $324OOMa I ti s. 1 G t V 1 g I L G-999 1OL.6) :71 I occo$ OP O1QD `Jospu S'- A' 'tIf I LOS -98 \ I )AU 9i' (OL.6) :2ucaid [ uap1Ut 'I 099 I � • ,, �, IQVA' all OD S3OIh�13S 01314110 .QI�13d 1S de l Mild &NINIW t7N'd f�.INI(N-3Jd r - - W — 31aa 4101S1431:1 z U Brvi Q E WMeg h*N1 on te%1 herN io gg tE 6tr = J f°5 S L u.. 0 W IS: I - g Y I�t 0 az j-zo c op,- LA w,,aD0 !;!! a !!;1: esr 8! §Wgege5 ;2g% tWg4 l! :I;1! 0.3B 0;gg li 4s 4FOIwoacem 4 2 2 wg flea - Ridge WW 2 F^ id O 1 °rd• 42 wst 61 .�a= a g iR rem W g oL IY = �{ A W {y 1fi G 3 ea EXISTING vEGITkTDON: PASTURE LAND egg r z m tai t!i! 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Greeley, CO 80634 April 10, 2020 Prepared by Kimberly Fridsma EIT 74572 Revised by Mark A. Taylor CO PE 46065 "I hereby attest that this drainage narrative for Richard Miller was prepared by me, or under my direct supervision, in accordance with the provisions of the Weld County Storm Drainage Design Criteria for the responsible parties thereof. I understand that Weld County does not and shall not assume liability for drainage facilities designed by others." Mark A. Taylor Registered. Professional Engineer State of Colorado No. 46065 1 ATD Job # 2019-119 Property Description; The total area of the property is 475 +1- Acres though 27+1- Acres are currently being used for mining. The property (Parcel ##004322000007) is located in the South half and Northwest quarter of Section 22, Township 12 North, Range 63 West of the P.M., County of Weld, State of Colorado. Weld County Road 138 borders the property to the South. Weld County Road 71 is approximately 1.5 miles East of the property. Weld County Road 140 borders the property to the North The existing ground cover is dry farmland, planted in dry -land corn, for a majority of the site and a small portion is an existing gravel pit. According to the United States Department of Agriculture's (USDA) WebSoil Survey, the site is made up of approximately 71.4% Ascalon fine sandy loam with o to 6 percent slopes, 12.3% Ascalon sandy loam with 5 to 9 percent slopes, and 16.3% Peetz gravelly sandy loam with 5 to 20 percent slopes. Both the Ascalon fine sandy loam and the Ascalon sandy loam are type B soils and the Peetz gravelly sandy loam is a type A soil. Through a site inspection, ATD agrees with the Web Soils Report in terms of soil type and site grades. Adjacent Property Owners: Adjacent to the Northeast of the site is an agricultural property owned by Gary, Terry, and Scott R.ohrbouck and Tammy Tenley. To the East of the site is an agricultural property owned by KBF Inc. To the South is an agricultural property owned by Peters 313 Ranch Inc.. To the West of the site are two agricultural properties owned by the Philip V Breeden Revocable Trust. To the North across the Wyoming -Colorado border is an agricultural property owned by Koing Investments 11,C. No developments are located near the site. The land surrounding the property is agricultural. Proposed Site Development: The proposed development of the property includes: a gravel pit that is about 27 acres and as the pit is depleted of resources it will be returned to the flat farmland and another small section of the 475 -acre lease will be mined for the gravels. All stormwater is draining into the pit and does not flow off the gravel mining site. Drainage Policy, Exception to Stormwater Detention: Weld County's Storm Drainage Criteria is provided in Article XI of Chapter 8 of the Weld County Code (Sec 8-11-40. — Drainage Policy). It adopts the most recent edition of the Urban Drainage and Flood Control District's Urban Storm Drainage Criteria Manual (volumes 1-3), with amendments. Sec. 8-11-40. — Drainage Policy. I. Exceptions to stormwater detention shall not jeopardize the public health, safety, and welfare of public and private property. No stormwater detention will be required for sites that meet any of the following conditions. 6. Gravel pits if the stormwater drains into the gravel pit. Releases from the site shall comply with the Weld County Storm Drainage Criteria, including dewatering. Topographical information shall be provided. 2 Requirements of the Municipal Separate Storm Sewer System (MS4) areas do not apply to the site as the site is not located in an MS4 area (Please see attached map). The site is approximately 12 miles Northwest of the town of Grover, CO (Please see attached map). As the site is not located within a half mile radius of an Urbanized area, the site is classified as Non -Urbanized area. Drainage Flow Patterns: All storm water flows are contained in the gravel pit, please see attached topography map from topographic data obtained from 1/21/2020 to 2/8/2020. Minor offsite flows from the north and east may enter the gravel pit area in major storm events. There is a small dry creek that feeds into the Little Crow Creek just West of the 27 acre gravel pit that cuts through the 475 acre lease parcel, this will not have an impact on the gravel pit and there are no plans to mine this area. No stormwater flows leave the gravel pit area and do not impact the dry creek. No known previous drainage problems have occurred at the site. Only part of the whole 475 -acre parcel is being used at a time, the areas not in use are kept as the historic use of the parcel which is dry farmland. When they have finished mining current 27 acres, the area is reclaimed and returned to dry -land corn and a new area is opened up to the east of the last mining area. It is assumed that as they gravel mining operations move to the east the stormwater drainage patterns will continue to drain into the gravel pit. 3 ALLES TAYLOR & DUKE, LLC 3610 35TH AVE. UNIT #6 LICENSED PROFESSIONAL ENGINEERS EVANS, 80634 LICENSED PROFESSIONAL LAND SURVEYORS 970-330-0308 April 14, 2020 Diana Aungst Weld County Department of Planning Services 1555 N. 17th Ave. Greeley, CO 80631 RE: Noise Report - Weld County USR Application North Star Mining Operation Gravel Pit (PRE19-0180) Dear Ms. Aungst, Noise Report According to Section 25-12-103 of the Colorado Revised Statues (CRS) permissible noise levels 25' outside of the property line for an industrial area activity are to be 80dB(A) from 7:00 a.m. to 7:00 p.m. and 75dB(A) from 7:00 p.m. to 7:00 a.rn. Table 1. CRS 25-12-103(1) — Maximum Permissible noise levels 25 feet from property line. Zone Maximum permissible between 07:00 —19:00 noise hours Maximum between 19:00 permissible — 07:00 noise hours Residential 55 db(A) 50 db(A) Commercial 60 db(A) 55 db(A) Light Industrial 70 db(A) 65 db(A) Industrial L 80 db(A) 75 db(A) Within the site, peak noise levels have been estimated based on the equipment type using the Federal Highway Associations' "Construction Noise Handbook' where available. Table 2 shows the information obtained from the handbook. For the additional equipment not listed in the handbook, the manufacturers were contacted via email and phone in an attempt acquire the required noise measurements but were either unwilling or unable to provide the requested information. Table 2. Federal Highway Associations' "Construction Noise Handbook"— published Peak Noise Levels for equipment on - site. Machine Manufacturer Model/Type (Year) Peak Noise Level* (dBA) Cone Crusher Cedar Rapids RC -4511 No Information Available Wheel Mounted Stacker Superior 36"x125' No Information Available Land Conveyor CC Fab 36"x60' (2006) No Information Available Land Conveyor Superior 36"x60' (2002) No Information Available Land Conveyor CC Fab 36"x603' (2005) No Information Available Land Conveyor Cedar Rapids 36"x60' (1996) No Information Available Belt Feeder General 36' HD (2012) No Information Available ALLES TAYLOR & DUKE, LLC 3610 35TH AVE. UNIT #6 ?e, LICENSED PROFESSIONAL ENGINEERS EVANS, 80634 LICENSED PROFESSIONAL LAND SURVEYORS 970-330-0308 8" Dewatering Pump (x2) Mody Pumps G10027 No Information Available Stacker McCloskey ST100T No Information Available Screen McCloskey 5190 2DT No Information Available Portable Generator Magnaplus 361PLS1601 81 Wheel Loader (x2) John Deere 844K -II 79 As shown in Table 3 below, additional noise levels were obtained on -site with a db meter at distances of 100 feet, 200 feet, at the South property line and the East and West limits of the working area, please see the attached noise exhibit and were the decibel noise measurements were obtained . When running at full capacity the equipment on -site is operating above the 80 db limit when standing within 25' of the equipment. However, noise levels drop off rapidly and are well within the published limits once the outer boundaries of the mining site are reached. The majority of the equipment has limited mobility and is established in a centralized location within the working site with only the wheel loaders expected to operate within close proximity to the boundary. Per the "Construction Noise Handbook" these have a db rating of 79 db(A) and fall below the allowable threshold during daylight hours. North Star will not be working from 19:00 to 07:00, therefor the lower 75 db(A) limit will does not apply. Table 3. Measured noise levels* Distance Noise reading <25' (In Pit Work Area) 98 db(A) 100' 80 db(A) 200' (East line) 70 db(A) South Line (CR 138) 59 db(A) West Line 50 db(A) *see attached survey drawing "Noise Report Exhibit Map" for graphic representation Given that the nearest occupied structures are on the Peters 313 Ranch a mile to the South, and at the Highpoint Operating Corporation site more than 7,000 feet to the East, the measured noise levels will not have an impact at these distances, and are well within tolerance at the Mining Permit Lease line. I hope you find this information useful as an addition to the Use by Special Review Application. Feel free to contact me regarding any questions at Alles taylor duke@yahoo.com or 970-970-330-0308. Sincerely, Mark A. Taylor PE, Alles Taylor & Duke LLC. • • • 01011111111110/1 . 1 1)9I% r • /j • • • a ( Lu a. W co I a CD U a W it J c W a. D OF COLORAD ta 0 U a. a_ co W F -- W tr G7 W tOZ C9 Z r s N 0 t Z Z 0 res +.1 a W Cr LEJ W V C O cm y EN 44 1/2 Lzq qD 0 N C 03 el -0 d Q O 4 0 M r� o e o a) C3 fez O O 1" -- W %a-, I) W C-) cc Li (h & LAND SURVEYING z C: Li DESIGNED BY: DRAWN BY: CHECKED BY: PROJECT NO, 04/02/2020 a X D II X 4 F- • I' Description First Draft G N O 0 r X( f riliallialmbliS ca ce u1 0 iti't J Lo to cc ci O ° Ct AC op >Lai: W COUNTY OF z al 1/4 OF SEC. 7, OF THE NE w Q C N T SHEET j. OF i NORTH STAR MINE TRAFFIC IMPACT STUDY WELD COUNTY, COLORADO FEBRUARY 2020 Prepared for: Superior Oilfield Services 2986 29th Street #12-13 Greeley, CO 80631 Prepared by: DELICH ASSOCIATES 2272 Glen Haven Drive Loveland, CO 80538 Phone: 970-669-2061 FAX: 970-669-5034 R Project #2001 TABLE OF CONTENTS 1. INTRODUCTION _. 11. EXISTING CONDITIONS . _ 3 Land Use 3 Roads.. 3 Existing Traffic 3 III. PROPOSED DEVELOPMENT 5 Trip Generation ........ _... 5 Trip Distribution/Haul Rout ....5 Trip Assignment .. 5 Background Traffic 9 Total T raf i c 9 Roads 9 IV. CONCLUSIONS/RECOMMENDATIONS 12 LIST OF TABLES 1. Trip Generation .......... 5 LIST OF FIGURES 1. Site Location ... 2. Existing Daily and Hourly Traffic 4 3. Site Plan 4. Trip Distribution/Haul Route 7 5. Site Generated Daily and Hourly Traffic ...3 6. Background (2030) Daily and Hourly Traffic 10 7. Total (2030) Daily and Hourly Traffic 11 LDELICH "7 e' lif rASSOC1ATES 1 I. INTRODUCTION This traffic impact study (TES) is for the Superior Oil Services North Star Mine site, located west of Weld County Road 71 (VI/CR71) and north of Weld County Road 138 (WCR13B) in Weld County, Colorado. The location of this site is shown on Figure 1. The North Star Mine is an existing gravel mining operation. The North Star Mine has been in operation since 2012. The permitted site is 27 acres and the lease is for 475 acres. There are two years remaining on the permitted use. It is expected that an application for expansion of the site will be submitted that will extend the operation another five years beyond that, with the mined area expanded accordingly. Therefore, the North Star Mine is expected to be operational until at least 2027. The purpose of the TIS is to provide information documenting the daily and hourly traffic that occurs and/or will occur along the designated haul route for the North Star Mine. This study involved the collection of data, trip generation, trip distribution, trip assignment, and road link volumes in the area for the existing conditions and the mine operating conditions. During the course of this analysis, numerous contacts were made with the owner representative (Jim McFarland) and the Weld County Public Works staff (Zackery Roberson). DELICH �ar I —ASSOCIATES Page 1 _____I sz/d N WCR140 WCR138 i: co N. C.) � COLORADO WCR136 STATE LINE WCR136.5 Star North ' , CR32 N. IN,. i: dine O J O i Ln N. cr WCR130 a SCALE: SITE LOCATION -4000! Figure 1 DELICH -"ASSOCIATES Page 2 IL EXISTING G COND{TiONS Land Use The North Star Mine site is currently anactive mining operation. The land surrounding the site consists of agricultural, other mining operations, and an oillgas collection facility. Weld County currently operates a gravel mine west of WCR71, along WCR1 6.5. Roads The designated haul route for the North Star Mine is on: WCR138, WCR71, VICR136, and WCR77. Access to the site is via WCR138. Weld County Road 138, west of WCR71, is a gravel east -west road that primarily serves the North Star Mine site. It is classified as a Gravel Local Road. From available aerial photography, it appears to be a minimally maintained road. Vehicles on WCR1 8 approaching WCR71 from the west stop at the VVCR71IWCR13B intersection. Weld County Road 71 is a gravel north -south two-lane road. It is classified as a Gravel Local Road. From available aerial photography, it appears to have a higher level of maintenance. Weld County Road 71 continues to the south, as a gravel road, with a break in north -south continuity, a number of miles to the south. Weld County Road 136 is a gravel east -west two-lane road. It is classified as a Gravel Local Road. From available aerial photography, it appears to have a higher level of maintenance. At the WCR7I1W R1 6 (T -intersection), W R1 6 goes east as a gravel road for three miles to VCR77. East of WCR77, WCR1 6 is a paved road to Hereford. It is posted at 55 mph on the paved segment. The paved segment of W R1 6 is classified as an Arterial Road. Weld County Road 77 is a paved north -south two-lane road, south of '► Ic R 13 . It is classified as an Arterial Road. it is posted at 55 mph. Weld County Road 77 continues to the south, intersecting with State Highway 14 at Briggsdale. Existing Traffic Recent daily directional traffic volumes on the key road segments in the area are shown on Figure 2. These traffic counts were obtained on January 14 and 15, 2020. Also shown on Figure 2 are the highest directional hourly counts on each day. The raw count sheets are provided in the Appendix. Since there was minimal traffic on W R1 8 (no trucks), it is apparent that there was no mining activity at the North Star Mine on either day. DELICH —ASSOCIATES Page 3 N Tuesday, January 14, 2020/Wednesday, January 15, 2020 Daily Traffic Highest Hour 0/1 WCR138 (SITE) 3/6 4/6 111 0 itr st— r 22118 172/113 149/112 2315 EXISTING DAILY AND HOURLY TRAFFIC --n i-DELICH �/ CASSOCIATES WCR136 37/37 398/332 385/311 42/21 cc% Figure 2 Page 4 W. SITE DESCRIPTION The North Star Mine is an existing gravel mining operation. The material produced at the site is used for pads and access roads at oil/gas drilling sites, primarily in eastern and southern Weld County. Figure 3 shows the site plan, at 27 acres, of the North Star Mine. The amount of activity at the mine is based upon demand for the material. It is estimated that it will operate approximately 200 days per year. On any given day, there will be 2-5 employees at the site to process/load materials and weigh the trucks. Haul trucks will enter the site empty and leave the site full. The typical haul truck is a tractor --trailer with a capacity of approximately 25 tons. Trip Generation Trip generation is important in considering the impact on the existing road system. This land use is not contained in the customary trip generation reference Tri Generation, 10th Edition, !TE). Therefore, information provided by the operator was used to develop the daily and hourly trip generation. On active mining days, it is estimated that there would be 20-60 loads exiting the site. The 85th percentile of the high end of the range was used (50 loads [60 times 0.85]). This resulted in 100 truck trip ends on an active mining day. Assuming a uniform hourly rate resulted in 12 truck trip ends per hour (6 in/6 out) between 7:00 am and 4:00 pm. The on -site employees resulted in 12 trip ends per day. A trip is defined as a one-way vehicle movement from origin to destination. Table 1 shows the expected trip generation from the site on a daily and hourly basis. Trip TABLE Generation 'I Code Use Size AWDTE AM Hourly (trucks) PiVi Hourly(trucks) Rate Tnps Rate In Rate Out Rate in Rate Out l A Nark t r Mini Acres � A, 2 N/A 6 N/A 6 N/A 6 N/A 6 Trip Distribution/Haul Route Trip distribution for the North Star Mine was determined along the agreed upon designated haul route as shown on Figure 4. Once the trucks are on WCR77, 7, to/from the south, the origin or destination is determined by the market for the material. Trip Assignment The trip assignment is how the generated and distributed trips are expected to be loaded on the road network. 1 he site generated daily and nourly directional volumes for the North Star Mine are shown on Figure 5. The highest hour volumes, on Figure 5, are all trucks. DELICH H ASSOCIATES Page 5 ka'• _?3ai. iC. ...�� .. mod -t "Mmv m SITS PLA Lt*r.. ; :." U. — , • .•=1•1•••1 • r 'cL}wc JIG CO. 44, at 1 r o. • x {�- is "" • it iY 1aca 1 1.11C•93 i t ' 7• It w� N 4 tit tti.a�a'4w. 4•a figure 3 DELICH ASSOCIATES Page 6 if [ iii 1. ' WCR138 (SITE) ti U TRIP DISTRIBUTION/HAUL ROUTE Haul Route WCR136 ti N O Figure 4 a n' Ln DELICH in -ASSOCIATES Page 7 N Daily Traffic Highest Hour WCR138 (SITE) 56 56 6 r U) SITE GENERATED DAILY AND HOURLY TRAFFIC a/ LSDELIH L -ASSOCIATES 6 0 56 0 WCR136 56 6 V G ti O Figure 5 Page 8 Background Traffic Since the application for extending the life of the mine will be submitted in the near future, a conservative future analysis year of 2030 was used in developing the following traffic forecasts. Background traffic forecasts for the future horizon were developed by factoring the current traffic by 2 percent per year to the year 2030. The traffic counts on the highest day were used to develop the 2030 forecasts. The 2030 background daily and hourly directional volumes are shown on Figure 6. Total Traffic The site generated traffic was combined with the background traffic to determine the total forecasted traffic for the designated haul route roads. The 2030 total daily and hourly directional volumes are shown on Figure 7. Roads The existing gravel roads, on the designated haul route, are expected to continue to have a gravel surface for the foreseeable future. Whether these roads are paved should be determined by Weld County. It is expected that they will be treated for dust mitigation as necessary. Weld County Road 77, south of VICR136, will continue to have a two-lane cross section. The three key intersections should have stop sign control on the appropriate legs of each intersection. Auxiliary lanes are not required at the WCR71/WCR138 intersection and the WOR711WOR136 intersection. Given the forecasted hourly traffic volumes (<10 in one hour), auxiliary lanes will not be required at the WCR136JW R77 intersection. Given the opposing traffic on VVCR77 (southbound), there will be numerous gaps such that the northbound traffic (empty trucks) will have little/no delay at this intersection. Operation at this intersection should be periodically evaluated if/when the background traffic conditions change in the area. The impact of the North Star Mine site generated traffic is considered to be small. In a given hour (operating hour), there will be one truck on any of the road segments along the designated haul route every 10 minutes in each direction, -:al=IC claraontrant.___ aseil! z:DELICH rASS0C1ATES Page 9 u�9 Daily Traffic Highest Hour WCR138 (SITE) a O) N 3 BACKGROUND (2030) DAILY AND HOURLY TRAFFIC y Figure 6 astil ISDELl H r -ASSOCIATES Page 10 WCR138 (SITE) 56 56 7 C) (N Daily Traffic Highest Hata 6 5 266 486 WCR136 TOTAL (2030) DAILY AND HOURLY TRAFFIC 470 Figure 7 ,astiA—DELICH r,. ASSOCIATES Page 11 IV. CONCLUSIONS/RECOMMENDATION This traffic impact study assessed the traffic impacts associated with the continued operation of the North Star Mine in 'Feld County, Colorado. As a result of these analyses, the following is concluded: continued operation of the North Star Mine site is feasible from a traffic engineering standpoint. As analyzed, the North Star Mine generates approximately 112 daily trip ends and 12 hourly trip ends during each hour on operating days. The gravel roads, on the designated haul route, can continue to have a gravel surface with the appropriate dust mitigation. Auxiliary lanes are not required at the key intersections. Traffic volumes and operation should be periodically evaluated if/when background traffic conditions change in the area. The impact of the North Star Mine site generated traffic is considered to be small. artirliDELICH 47,/ j _ ASSOCIATES Page 12 APPENDIX Vehicle Volume Report - Hourly In r . . . . . . 1 r . 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Southbound / VWRestbou Y to CX; :L OEM NbthjnWaIn: 1770)660-404B nothan.tva-rcn apcxdcsignpc corn STATE OF COLORADO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AIR POLLUTION CONTROL DIVISION TELEPHONE: (303) 692-3150 CONSTRUCTION PERMIT PERMIT NO: 13WE3001 F DATE ISSUED: April 21, 2014 ISSUED TO: Initial Approval Superior Oilfield Services Co., LTD THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Sand and gravel pit, known as the North Star Pit, located at CR 71 & 138, Hereford, in Weld County, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: AIRS Po Irit Description 001 a a Material extraction, handling, stockpiling, and hauling. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND CONTROL ACT C.R.S. (25-7-101 et sect}, TO THOSE GENERAL TERMS AND CONDITIONS INCLUDED IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: R►E IREME T TO SELF -CERTIFY TIF FOR FINAL APPROVAL YOU MUST notify the Air Pollution Control Division (Division) no later than fifteen days after commencement of operation under this permit by submitting a of Startup IN S) form to the Division. The Notice of Startup (NOS) form may be downloaded online at vvww.cdpheistate.co.usiapidownloadforms.html. Failure to notify the Division of startup of the permitted source is a violation of AQCC Regulation No, 3, Part B, Section Ill.G.1 .1 and can result in the revocation of the permit. 2 Within one hundred and eighty days (180) after commencement of operation, compliance with the conditions contained on this permit shall be demonstrated to the Division. It is the permittee's responsibility to self certify compliance with the conditions. Failure to demonstrate compliance within 180 days may result in revocation of the permit or enforcement action by the Division. Information on how to certify compliance was mailed with the permit or can be obtained from the Division. (Reference: Regulation No. 3, Part B, 111.G.2), 3. This permit shall expire if the owner or operator of the source for which this permit was issued: (i) does not commence construction/modification or operation of this source within 18 months after either the date of issuance of this initial approval permit or the date on which such construction or activity was scheduled to commence ence as set forth in the permit application associated with this AIRS ID: 1 / C1 C/OO1 Page 1of6 Version, 2009-1 Colorado Department of Public Health and Environment Air Pollution Control Division Superior Oilfield Services Co., LTD Permit No. 13WE3001 F Initial Approval permit; (ii) discontinues construction for a period of eighteen months or more; or (iii) does not complete construction within a reasonable time of the estimated completion date (See General Condition No. 6., Item 1.). Upon a showing of good cause by the permittee, the Division may grant extensions of the permit. (Reference: Regulation No. 3, Part B, Section III.F.4. ) 4. Within one thirty (30) days after commencement of operation, the AIRS ID (example: 001/0179/012) number shall be posted in an easily visible location for ease of identification. (Reference: Regulation No. 3, Part B, III.E,) E,) (State only enforceable) EMISSION LIMITATIONS AND RECORDS 5. Emissions of air pollutants shall not exceed the following limitations (as calculated using the emission factors included in the Notes to Permit Holder section of this permit). (Reference: Regulation No, 3, Part B, Section II.A,4) Annual Emission Limits: Facility Equipment ID AIRS Poirrt Tons per Year Emission Type Pnn pm, PM.5 NOx CO North Star Pit Fugitive 8.5 3.0 0.4 m - 001 Note: Compliance with the fugitive emission limits shall be demonstrated by not exceeding the production limits listed below and by following the attached particulate emissions control plan. PR ESS LIMITATIONS AND RECORDS 6. This source shall be limited to the following maximum consumption, processing and/or operational rates as listed below. Daily and annual records of the actual process rate shall be maintained by the applicant and made available to the Division for inspection upon request. (Reference: Regulation 3, Part E, II.A,4) Production Limits: AIRS Point Production Parameter Daily (tons/play) Limit Annual (tons/year) Limit 001 Sand and gravel extraction 4,000 150,000 STATE AND FEDERAL REGULATORY REQUIREMENTS 7. Visible emissions from conveyors and transfer points shall not exceed twenty percent (20%) opacity during normal operation of the source. During periods of startup, process modification, or adjustment of control equipment visible emissions shall not exceed 30% opacity for more than six minutes in any sixty consecutive minutes. (Reference: Regulation No. 1, Section 1 I.A.1. & 4.) OEEI TING & MAINTENANCE REQUIREMENTS AIRS ID: 12319C1 /001 Page 2 of 6 Colorado Department of Public Health and Environment Air Pollution Control Division Superior Oilfield Services Co., LTD Permit No, 13WE3001F Initial Approval 8. This source is not required to follow a Division -approved operating and maintenance plan. COMPLIANCE TESTING AND SAMPLING Initial Testing Requirements 9. There are no initial testing requirements. Periodic Tester ! uirements 10. Periodic testing is not required for this source. ADDITIONAL REQUIREMENTS 11. The AIRS ID number shall be posted in an easily visible location for ease of identification. (Reference: Regulation No. 3, Part E, 111.E.) (State only enforceable) 12. The particulate emission control measures listed on the attached page (as approved by the Division) shall be applied to the particulate emission producing sources as required by Regulation No. 1, Section III.D.1.b. D.1.b. 13. This permit is for the activities specified above; any additional process equipment (i.e. crushers, screens, etc.) to be located at this site must have a separate permit from the Division. (Reference: Reg. 3, Part B, PIl,E.) 14. A Revised Air Pollutant Emission Notice (APEN) shall be filed: (Reference: Regulation No. 3, Part A, Section II.C.) a. Annually whenever a significant increase in emissions occurs as follows: For any criteria pollutant: For sources emitting less than 100 tons per year, a change in annual actual emissions of five (5) tons per year or more, above the level reported on the last APEN; or For sources emitting any amount of lead, a change in actual emissions of fifty (50) pounds of lead above the level reported on the last APEN submitted. For any non -criteria reportable pollutant: If the emissions increase by 50% or five (5) tons per year, whichever is less, above the level reported on the last APEN submitted to the Division. b. Whenever there is a change in the owner or operator of any facility, process, or activity; or c. Whenever new control equipment is installed, or whenever a different type of control equipment replaces an existing type of control equipment; or d. Whenever a permit limitation must be modified: or AIRS ID: 123/9 1 C/00 1 Page 3 of 6 Colorado Department of Public Health and Environment Air Pollution Control Division Superior Oilfield Services Co., LTD Permit No, I3WE 001 F Initial Approval e. No later than 30 days before the existing APEN expires. GENERAL TERMS AND CONDITIONS: 15. This permit and any attachments must be retained and made available for inspection upon request. The permit may be reissued to a new owner by the Division as provided in Regulation No, 3, Part B, Section II.S upon a request for transfer of ownership and the submittal of a revised APEN and the required fee. 16. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon conduct of the activity, or construction, installation and operation of the source, in accordance with this information and with representations made by the applicant or applicant's agents. It is valid only for the equipment and operations or activity specifically identified on the permit. d By, By: K.C. Houlden Permit Engineer Permit History Permit l-listor Issuance Date Description Initial Approval This Issuance Issued to Superior Oilfield Services Co., LTD • ,:isafas i • . 1. FOR R K Hancock III, P. E . Construction Permits Unit Supervisor Notes to Permit Holder (as of permit issuance): 1) The production or raw material processing limits and emission limits contained in this permit are based on the production/processing rates requested in the permit application. These limits may be revised upon request of the permittee providing there is no exceedence of any specific emission control regulation or any ambient air quality standard. A revised air pollutant emission notice (APEN) and application form must be submitted with a request for a permit revision. 2) This source is subject to the Common Provisions Regulation Part II, Subpart E, Affirmative Defense Provision for Excess Emissions During Malfunctions. The perm ittee shall notify the Division of any malfunction condition which causes a violation of any emission limit or limits stated in this permit as soon as possible, but no later than noon of the next working day, followed by written notice to the Division addressing all of the criteria set forth in Part I l . E,1. of the Common Provisions Regulation. See: http:Thvvww,cdphe.state. co. usiregulationstairregs/5CCR1001- .pdf. 3 In accordance with . R.S. 25-7-114.1, each Air Pollutant Emission Notice (APEN) associated with this permit is valid for a term of five years from the date it was received by the Division. A revised APEN shall be submitted no later than 30 days before the five-year term expires. Please AIRS ID: 12319 C 1 C/OO 1 Page 4 of 6 Colorado Department of Public Health and Environment Air Pollution Control Division Superior Oilfield Services Cot, LTD Permit No. 13V1 E300 I F initial Approval refer to the most recent annual fee invoice to determine the APEN expiration date for each emissions point associated with this permit. For any questions regarding a specific expiration date call the Division at (303)-692-3150. 4 5 ) This facility is classified as follows: Applicable Requirement Status Minor source Operating Permit PSD/NAN R Minor source The permit holder is required to pay fees for the processing time for this permit. An invoice for these fees will be issued after the permit is issued. The permit holder shall pay the invoice within 30 days of receipt of the invoice. Failure to pay the invoice will result in revocation of this permit (Reference: Regulation No, 3, Part A, Section Vl.B.) 6) If this permit specifically states that final approval has been granted, then the remainder of this condition is not applicable. Otherwise, the issuance of this construction permit does not provide "final" authority for this activity or operation of this source. Final approval of the permit must be secured from the Division in writing in accordance with the provisions of 25-7-114.5(12)(a) C. R, , and Regulation No. 3, Part B, Section III.Q. Final approval cannot be granted until the operation or activity commences and has been verified by the Division as conforming in all respects with the conditions of the permit. Once self -certification of all points has been reviewed and approved by the Division, it will provide written documentation of such final approval. Details for obtaining final approval to operate are located in the Requirements to Self -Certify for Final Approval section of this permit. 7 Unless specifically stated otherwise, the general and specific conditions contained in this permit have been determined by the Division to be necessary to assure compliance with the provisions of Section 25-7-114.5(7)(a), C.R.S. 8) Each and every condition of this permit is a material part hereof and is not severable. Any challenge to or appeal of a condition hereof shall constitute a rejection of the entire permit a n d upon such occurrence, this permit shall be deemed denied ab initlo. This permit may be revoked at any time prior to self -certification and final authorization by the Division on grounds set forth in the Colorado Air Pollution Prevention and Control Act and regulations of the AQOC including failure to meet any express term or condition of the permit. If the Division denies a permit, conditions imposed upon a permit are contested by the applicant, or the Division revokes a permit, the applicant or owner or operator of a source may request a hearing before the AOCC for review of the Division's action. 9) Section 25-7-114.7(2)(a), D.R.S. requires that all sources required to file an Air Pollutant Emission Notice (APEN) must pay an annual fee to cover the costs of inspections and administration. If a source or activity is to be discontinued, the owner must notify the Division in writing requesting a cancellation of the permit. Upon notification, annual fee billing will terminate. 10) Violation of the terms of a permit or of the provisions of the Colorado Air Pollution Prevention and Control Act or the regulations of the AQOO may result in administrative, civil or criminal enforcement actions under Sections 25-7-115 (enforcement), -121 (injunctions), -122 (civil penalties), -122.1 (criminal penalties), C.R.S. AIRS ID: 123/9C1C/001 C/001 - Page 5 of 6 Colorado Department of Public Health and Environment Air Pollution Control Division S uperior Oilfield Services Co., LTD P ermit No. 13 E300 I F Initial Approval PARTICULATE EMISSIONS CONTROL PLAN FOR MINING AND PROCESSING ACTIVITIES THE FOLLOWING PARTICULATE EMISSIONS CONTROL MEASURES SHALL BE USED FOR COMPLIANCE PURPOSES ON THE ACTIVITIES COVERED BY THIS PERMIT, AS REQUIRED BY THE AIR QUALITY CONTROL COMMISSION REGULATION NO.1, SECTION III.D.1.b. THIS SOURCE IS SUBJECT TO THE FOLLOWING EMISSION GUIDELINES: a. Mining and Processing Activities a Visible emissions not to exceed 20%, no off -property transport of visible emissions. b Haul Roads , No off -property transport of visible emissions shall apply to on -site haul roads, the nuisance guidelines shall apply to off -site haul roads. c Haul Trucks - There shall be no off -property transport of visible emissions from haul trucks when operating on the property of the owner or operator. There shall be no off -vehicle transport of visible e missions from the material in the haul trucks when operating off of the property of the owner or operator. Control Measures Adequate soil moisture must be maintained in topsoil and overburden to control emissions during removal. Watering shall be implemented if necessary. 2. Topsoil and overburden stockpiles shall be revegetated within one year. 3. Emissions from material handling (i.e. removal, loading, and hauling) shall be controlled by watering at all times unless natural moisture is sufficient to control emissions. 4. Haul roads shall be graveled and watered as often as needed to control fugitive particulate e missions such that the above guidelines are met. 5 Reclamation works and sequential extraction of material shall be initiated to keep the total disturbed areas at any one time to a minimum. 6. All disturbed areas shall be watered as often as needed to control fugitive particulate emissions such that the above guidelines are met. AIRS ID: 123/9C1C/001 Page 6 of 6 Permit number: Date issued: Issued to: COLOR A DO Air Pollution Control Division J'-'� . 1 i 1 - H• ?"• 1 4. -1 V i ; r i• v�I ii I'S 1 •1 I CONSTRUCTION PERMIT 13WE3001 F April. 5, 2019 Issuance: 2 Superior Oilfield Services Co., LTD Facility Name: Plant AIRS ID: Physical Location: County: General Description: North Star Pit 123/9C1C Weld County Rd 71 a 138, Hereford Weld County Sand and gravel pit Equipment or activity subject to this permit: AIRS Point1 Description 001 Material extraction, handling, stockpiling, and hauling. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND CONTROL ACT C.R.S. (25-7-101 et seq), TO THOSE GENERAL TERMS AND CONDITIONS INCLUDED IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: REQUIREMENTS TO SELF-CERTIFYSELF-CERT1FY FOR FINAL APPROVAL 1. This construction permit represents final permit approval to operate. Therefore, it is not necessary to self -certify. (Regulation Number 3, Part B, III.G.5). C . S) . EMISSION LIMITATIONS AND RECORDS 2. Emissions of air pollutants must not exceed the following limitations (as calcutated using the emission factors included in the Notes to Permit Holder section of this permit) . (Reference: Regulation Number 3, Part B, III.A.4) Annual Emission Limits: Source T Emission Type AIRS i Tons per Year Point Rik PM1 o pM2.5 Nox CO Mining and O petitions Hauling 001 7.7 2.5 0.4 -- -= Fugitive „my COLORADO ;.:Ln-itI nI Page 1 of 6 Note: In the absence of credible evidence to the contrary, compliance with the fugitive emission limits is demonstrated by complying with the production limits listed below and by following the attached particulate emissions controt plan. PROCESS LIMITATIONS AND RECORDS This source must be limited to the following maximum consumption, processing and/or operational rates as listed below. Daily and annual records of the actual process rate must be maintained by the applicant and made available to the Division for inspection upon request, (Reference: Regulation Number 3, Part 0, Hi . A.4) Production Limits: AIRS Point Production Parameter Daily tnsda Limit y) Annual "tons/year) Limit 001 Sand and gravel extraction 2,500 300,000 STATE AND FEDERAL REGULATORY REQUIREMENTS 4. Visible emissions from conveyors and transfer points must not exceed twenty percent (20%) opacity during normal operation of the source. During periods of startup, process modification, or adjustment of control equipment visible emissions must not exceed 30% opacity for more than six minutes in any sixty consecutive minutes. (Reference: Regulation Number 1/ II .A-1. Et 4.1 OPERATING Et MAINTENANCE REQUIREMENTS 5t This source is not required to follow a Division -approved operating and maintenance plan. COMPLIANCE TESTING AND SAMPLING Periodic Testin Requirements 6. Periodic testing is not required for this source. ADDITIONAL RE UIREMENTS 7. All previous versions of this permit are cancelled upon issuance of this permit. 8. The AIRS ID number must be posted in an easily visible location for ease of identification. (Reference: Regulation Number 3, Part B, iII.E.) (State only enforceable) 9. The particulate emission control measures listed on the attached page (as approved by the Division) must be applied to the particulate emission producing sources as required by Regulation Number 1, III.0.1 o b. 1 o a This permit is for the activities specified above; any additional process equipment (i.e. crushers, screens, etc.) to be located at this site must have a separate permit from the Division. (Reference: Regulation Number 3, Part B, I i I. E. ) COLORADO Pc 1?'it: if �� ''' ��'i.�l I Page 2 of 6 11. A Revised Air Pollutant Emission Notice (APEN) must be filed: (Reference: Regulation Number 3, Part A, 11.C.) a. By April 30 of the year following a significant increase in emissions. A significant increase in emissions is defined as follows: For any criteria pollutant: For sources emitting less than 100 tons per year, a change in annual actual emissions of five (5) tons per year or more, above the level reported on the Last APEN; or For sources emitting any amount of lead, a change in actual emissions of fifty (50) pounds of lead above the level reported on the East APEN submitted. For any non -criteria reportable pollutant: If the emissions increase by 50% or five (5) tons per year, whichever is less, above the level reported on the last APEN submitted to the Division. b. Whenever there is a change in the owner or operator of any facility, process, or activity; or c. Whenever new control equipment is installed, or whenever a different type of control equipment replaces an existing type of control equipment; or d. Whenever a permit limitation must be modified; or e. No later than 30 days before the existing APEN expires. GENERAL TERMS AND CONDITIONS: This permit and any attachments must be retained and made available for inspection upon request. The permit may be reissued to a new owner by the Division as provided in Regulation Number 3, part B, l I . B upon a request for transfer of ownership and the submittal of a revised APEN and the required fee. 13. If this permit specifically states that final approval has been granted, then the remainder of this condition is not applicable. Otherwise, the issuance of this construction permit is considered initial approval and does not provide "final" approval for this activity or operation of this source. Final approval of the permit must be secured from the APCD in writing in accordance with the provisions of 25-7-114.5(12)(a) C.R.S. and AQCC Regulation Number 3, Part B, I I! . G . Final approval cannot be granted until the operation or activity commences and has been verified by the APCD as conforming in all respects with the conditions of the permit. Once self -certification of all points has been reviewed and approved by the Division, it wilt provide written documentation of such final approval. Details for obtaining final approval to operate are located in the Requirements to Self -Certify for Final Approval section of this permit. The operator must retain the permit final approval letter issued by the Division after completion of self -certification with the most current construction permit. 14. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon conduct of the activity, or construction, installation and operation of the source, in accordance with this information and with representations made by the applicant or applicant's agents. It is valid only for the equipment and operations or activity(ies) specifically identified in this permit. If subsequent operations or testing at the source indicate the information supplied to obtain this permit and retied upon in the creation COLORADO {r Page 3 of 6 and issuance of this permit is inaccurate, the source must submit an application to modify the permit to address the inaccuracy(ies). es) . (Reference: Regulation Number 3, Part B lilt.) By: - r (Greg Marcinkowski Permit Engineer Permit History: Permit History By: FOR: R K Hancock III, P.E. Construction Permits Unit Supervisor Issuance Date 1 Description Initial ApprovalA April l 21, 2014 Issued to Superior Oilfield Services CO., LTD issuance #2 This Issuance Increased year and from 4,000 decreased annual tons per production daily day. issued raw from material 150,000 as removal Final Approval. tons per Notes to Permit Holder (as of permit issuance): 1) The production or raw material processing limits and emission limits contained in this permit are based on the production/processing rates requested in the permit application. These limits may be revised upon request of the permittee providing there is no exceedence of any specific emission control regulation or any ambient air quality standard. A revised air pollutant emission notice (APEN) and application form must be submitted with a request for a permit revision. (Reference: Regulation Number 3, Part B I I . A.4. ) 2 This source is subject to the Common Provisions Regulation Part II, Subpart €, Affirmative Defense Provision for Excess Emissions During Malfunctions. The permittee must notify the Division of any malfunction condition which causes a violation of any emission Limit or limits stated in this permit as soon as possible, but no later than noon of the next working day, followed by written notice to the Division addressing all of the criteria set forth in Part i i . E.1 } of the Common Provisions Regulation. See: https://www.colorado.govipadficicdphelacicc- regs. 3) in accordance with C.R.S. 25-7-114.1, each Air Pollutant Emission Notice (APEN) associated with this permit is valid for a term of five years from the date it was received by the Division. A revised APEN must be submitted no later than 30 days before the five-year term expires. Please refer to the most recent annual fee invoice to determine the APEN expiration date for each emissions point associated with this permit. For any questions regarding a specific expiration date call the Division at (303)-692-3150. 4 This facility is classified as follows: Applicable Requirement Status Operating Permit Minor source PSD # NANSR Minor source BSI f [l(`lf.11l..C11 :i' n11':) ltrIc:nm Page 4 of 6 5) The permit holder is required to pay fees for the processing time for this permit An invoice f o r these fees will be issued after the permit is issued. Failure to pay the invoice wilt result in revocation of this permit. The permit holder must pay the invoice within 30 days of receipt of the invoice (Reference: Regulation Number 3, Part A, VI.B.). B+) . 6) Unless specifically stated otherwise, the general and specific conditions contained in this permit have been determined by the Division to be necessary to assure compliance with the provisions of Section 25-7-114.5(7)(a), C.R.S. .S. 7) Each and every condition of this permit is a material part hereof and is not severable. Any challenge to or appeal of a condition hereof must constitute a rejection of the entire permit and upon such occurrence, this permit must be deemed denied ab ini tia, This permit may be revoked at any time prior to self -certification and final authorization by the Division on grounds set forth in the Colorado Air Pollution Prevention and Control Act and regulations of the AQCC including failure to meet any express term or condition of the permit. If the Division denies a permit, conditions imposed upon a permit are contested by the applicant, or the Division revokes a permit, the applicant or owner or operator of a source may request a hearing before the AQCC for review of the Division's action. (Reference: Regulation Number 3, part B III.F. ) 8 9 } Section 25-7-114.7(2)(a), C.R.S. requires that all sources required to file an Air Pollutant Emission Notice (APEN) must pay an annual emission fee. If a source or activity is to be discontinued, the owner must notify the Division in writing requesting a cancellation of the permit. Upon notification, annual fee billing will terminate. Violation of the terms of a permit or of the provisions of the Colorado Air Pollution prevention and Control Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under Sections 25-7-115 (enforcement), -121 (injunctions), -122 (civil penalties), -122,1 (criminal penalties), C.R.S. p at 1 y COLORADO i\ir f'i.;!iIPlLii' 11 11`tI,,flf Page 5 of 6 PARTICULATE EMISSIONS CONTROL PLAN FOR MINING AND PROCESSING ACTIVITIES THE FOLLOWING PARTICULATE EMISSIONS CONTROL MEASURES MUST BE USED FOR COMPLIANCE PURPOSES ON THE ACTIVITIES COVERED BY THIS PERMIT, AS REQUIRED BY THE AIR QUALITY CONTROL COMMISSION REGULATION NUMBER 1, III . B 41, b. THIS SOURCE IS SUBJECT TO THE FOLLOWING EMISSION GUIDELINES: Mining and Processing Activities - Visible emissions not to exceed 20%, no off -property transport of visible emissions. b. Haul Roads - No off -property transport of visible emissions must apply to on -site haul roads, the nuisance guidelines must apply to off -site haul roads. c. Haul Trucks r There must be no off -property transport of visible emissions from haul trucks when operating on the property of the owner or operator. There must be no off -vehicle transport of visible emissions from the material in the haut trucks when operating off of the property of the owner or operator. Control Measures 1. Adequate soil moisture must be maintained in topsoil and overburden to control emissions during removal. Watering must be implemented if necessary. 2, Topsoil and overburden stockpiles must be revegetated within one year. Finished product stockpiles must be watered as necessary. 3. Emissions from material handling (i.e. removal, loading, and hauling) must be controlled by watering at all times unless natural moisture is sufficient to control emissions. 4, Vehicle speeds on unpaved raw material haul roads and disturbed areas must not exceed a maximum of 10 mites per hour. Speed limit signs must be posted. 5. Haul roads must be graveled and watered as often as needed to control fugitive particulate emissions such that the above guidelines are met. 6, Reclamation works and sequential extraction of material must be initiated to keep the total disturbed areas at any one time to a minimum. 7 AU disturbed areas must be watered as often as needed to control fugitive particulate emissions such that the above guidelines are met. COLORADO i-ti,} fjivvi',:'rn e; Page 6 of 6 P7 r tl 1 a r 7Y tllll rr j V _ j - ,i f r i - . t a GRAVEL MINING LEASE AGREEMENT This LEASE AGREEMENT ("Lease") effective as of the 5th day of October, 2011 (the "Effective Date"), is between Kong Ag Co. , a Colorado corporation, whose principal address is 37231 Highway 14, Briggsdale, Colorado 80611 ("Lessor") and Superior Oilfield Services Company, Ltd., a Colorado limited liability company, whose principal address is P.O.. Box 336356, Greeley, Colorado 80633 ("Lessee"). Lessor and Lessee may be referred to individually as a "Pay " and collectively as the "Parties." RECITALS A. Lessor is the owner of a tract of land located in Weld County, Colorado, more particularly described in Attachment A attached hereto and incorporated herein by reference (the "Property'), B. The Property contains underground deposits of sand and gravel. C. Lessee desires to lease and accept from Lessor and Lessor desires to lease and grant to Lessee a lease on the Property for the purpose and term hereinafter provided. AGREEMENT In consideration of the foregoing and the mutual covenants contained in and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows; Section 1.1 set forth below: ARTICLE I DEFINITIONS Definitions. As used in tins Lease, the following terms shall have the meanings Commencement Date shall mean the date that the Contingencies (as defined in. Paragraph 73 below) are satisfied or waived by Lessor and Lessee. Effective Date sh,9ll mean the date on which this Lease is executed by both Lessor and Lessee. Lease Year shall mean a period of twelve months beginning on the Commencement Date or on any anniversary thereof during the Lease Term; provided however, that if the Commencement Date does not occur on the first day of a calendar month then the first Lease Year shall include the remainder of the month in which the Commencement Date occurs and shall end on the ann i versar of the first daay of the next calendar month. Materials shall mean stone, sand and gravel and any valuable solid minerals that are removed incident to sand and gravel operations hereunder and which are saleable and recoverable from the Property in the course of such operations. Product_ Ton shall paean 2,000 pounds of Materials als fram. the Property used in products that are measured (or weighted) after making allowance for tailings and wash fines as provided for inParagraph : 913 (below), subject to the terms of Paragraph 6 below. Lease Term shall have the meaning given in Paragraph 3 below. l ARTICLE II GRANT Section 2.1 From and after the Effective Date and subject to the terms and conditions of this Lease (and any easements, encumbrances and right-of-way of record or in use with respect to the Property), Lessor hereby grants, leases and demises exclusively to Lessee the Property for the purposes of quarrying, excavating, mining, producing, transporting, processing, stockpiling, crushing, removing, or selling the Materials and conducting such other activities related thereto. ARTICLE HI TERM Section 3.1 This Lease is granted for a term commencing on the Effective Date and extending for a period of 10 years (the "Primary Term"). In the event this Lease is extended as provided for in Section 3.2 below, the additional period of time shall be referred to as the "Extended Term". The Primary Term and Extended Term shall collectively be referred to as the "Lease Tea" Section 3.2 This Lease shall be extended by the satisfactory performance by the Lessee of the following provisions: (a) Lessee must have developed at least fifty percent (50%) of the acreage permitted for extraction by the end of t e Primary Term, (b) Lessee must demonstrate a good faith effort to continue development of the remaining acreage during the Extended Term, (c) Lessee must have all necessary permits and be in compliance with such permits, and (d) Lessee must be in compliance with the terms of this Lease. ARTICLE T'7 PAYMENT TO LESSOR Section 4 Prneineiinr Ithrity Suh ect :n Paragraphs 42 and 4.3, for ail Materials sold or removed from the Property during each calendar month, Lessee shall, within 30 days after the close of such calendar month, pay to Lessor a royalty at the rate per Product Ton (the "Production Royalty"). Section 4.2 Payments during the Extended Term. If this Lease is extended, as provided for in Article III above, the royalty rate shall remain the same as the royalty rate applicable during the last Lease Year of the Primary Term, unless otherwise agreed to by the parties. Section 4.3 Precious Metals. The royalty rate for gold, silver or other precious metals extracted from the Property, if any, shall be 50% of net proceeds received by Lessee for such precious metals. Section 4.4 Production Records. Lessee shall keep and maintain adequate and accurate records of the quantities of Materials mined and sold or removed from the Plant Site and Property to permit determination of the Product Tons and calculation of the Production Royalty. The royalty payments shall be accompanied by a monthly statement with the royalty calculation that includes an accounting of the tons of Materials mined from the Property and sold or removed (or deemed sold or removed pursuant to Paragraph 6,C) for the month. Lessor shall have the fight at al reasonable times during business hours and upon reasonable prior notice to examine and audit such records of Lessee at the offices of Lessee and to verify the quantities of Materials removed, and sold and the accuracy of the scales used to weigh the Materials. In the event of a dispute between the parties with respect to the measurement or weighing of the Materials or the calculation of the royalty ratd, the parties agree to submit to binding arbitration pursuant the terms of Article XI. sea ARTICLE V WEIGHING OF MATERIALS Section SI For purposes of calculation of Production Royalty, quantities of Materials sold and/or removed from the Property on which Production Royalty is due will be measured as described below. For purposes of this Lease, any materials that are removed from the Property shall be considered removed and sold regardless of whether Lessee has or will receive compensation for such Materials. Section 5.2 Use of Scales; Scale Adjustments. All Materials shalt be weighed on a certified scale upon sale and removal from the Property. Accuracy of the scales at the Plant shall be checked and adjustments made at least as often as required to continue to be certified under all applicable laws rules and regulations. Records of the accuracy check and adjustments shall be preserved and made available in the same manner as other records, ARTICLE VI OPERATIONS Section 6.1 Mining Practices.. Compliance with Laws. Lessee shall conduct its operations on the Property in a prudent and workmanlike manner and in accordance with good and accepted mining and business practices and in compliance with the Permits as well as all applicable federal, state and local, laws, rules and regulations, The timing, nature, manner and extent of mining operations, processing and sales shall be within the sole discretion of Lessee, except that Lessee will not occupy more than 100 acres at any one time for mining operations, Lessee shall not be required to mine, preserve or protect in its operations any Materials which, under good mining practices, cannot be mined or sold at a reasonable profit to Lessee at the time they are encountered, Section 6.2 Use of Property. Lessee shall have the right to construct, maintain, and use roads, pipe lines, power lines, telephone lines, and stockpile areas and any right of way it deems necessary or desirable for its operations on the Property related to Lessee's operations under this Lease. Lessee shall have the right during the Lease Term and without payment to Lessor to strip and remove overburden (subject to the Permits) and otherwise to use and occupy the Property as is reasonably required in connection with mining, quarrying, extracting, processing (including tailings -washed fines storage facilities), storage, transportation, sale and removal of Materials from the Property and from other properties on which Lessee is conducting operations, Section 6.3 Processing Plant. Lessee shall have the right to construct and maintain a processing plant ('Plant") at a location selected by Lessee and approved by Lessor in compliance with applicable zoning, and Lessor agrees that Lessee shall have full right of access for the construction, use and maintenance of the Plants and for stockpiling Materials processed or to be processed, whether from the Property or from other properties on which Lessee is con.du.oting operations. Lessee may construct and operate a Plant for asphalt or concrete operations, subject to issuance of regulatory permits. Section 6.4 Zoning. Lessor hereby authorizes Lessee, at Lessee's expense and in Lessor's name, if required, to apply for zoning classifications, variances or exceptions, and the Permits, and agrees to cooperate with Lessee in obtaining such approvals and to execute or join in applications, plats and other documents which are required to obtain the same that are reasonably required in connection with the operations_th at are contemplated under this Lease; provided, however, that (1) Lessee shall provide bonds or other financial assurance for its operations, including for the restoration, reclamation or rehabilitation of the Property, as may be required to obtain such permits and approvals, and (ii) any such approvals and permits shall be assignable to Lessor upon, Lessor's discretion, at the end of the Lease Term or earlier termination of this Lease. 3 Section 10.3 Without regard to the warranties of title given to Lessee by Lessor, if Lessor own less than 100% of the Materials under all or any portion of the Property, then the amounts payable to Lessor hereunder shall be reduced in the proportion that the interest of the Lessor in the Materials bears to 100% of the Materials Within the Property. Section 10.4 Lessor shall not enter into any new oil and gas leases or other new agreements regarding oil and gas operations of the Property during the Lease Term, except under conditions which prohibit surface entry or occupancy in any manner which would unreasonably interfere with Lessee's operations on the Property. With respect to new Wellsites and other surface facilities under existing oil and gas leases, Lessor shall promptly notify Lessee of any notices or requests by an oil and gas operator regarding surface use and hereby authorizes Lessee to use reasonable efforts to obtain understandings with the oil and gas lessees or operators to minimize impact of such wellsites and other surface facilities on Lessee's sand and gravel operations on the Property. Lessor shall reasonably cooperate with requests by Lessee for assistance in Lessee's efforts to negotiate surface use agreements with the oil and gas operators relative to existing leases, Section 10.5 Notwithstanding anything to the contrary in this Lease, Lessor has disclosed to Lessee all existing oil and gas leases and Lessee takes this Lease subject to all existing oil and gas leases. Lessor and Lessee agree to cooperate to manage current or future oil and gas operations in a manner that is mutually beneficial. Section 10.6 Notwithstanding anything to the contrary in this Lease, Lessor reserves the right to ,gaze and/or farm the property, use the surface water, hunt the property, or issue other surface use licenses that do not unreasonably interfere with ongoing mining or production activities of Lessor, ARTICLE XI TAXES Section 11.1 During the Lease Term, Lessee shall pay when due all ad valorem property taxes assessed on the production, severance or extraction of Materials from the Property. In addition, Lessee shall pay all personal and real property taxes assessed against machinery, tools, equipment, supplies, buildings, improvements, pipelines, stockpiles of Materials, and other property an.dior fixtures placed by Lessee on the Property. Lessor shall pay all other real property taxes on the Property and on any improvements thereon, including without limitation, improvements that Lessor installs on the Property for Lessor's own purposes and any taxes attributable to the production royalty or to Lessor's farming operations. ARTICLE XII LABOR. ) MATERIALS Section 12.1 Lessee agrees to keep the Property free and clear of liens, charges, claims or demands arising from Lessee's operations hereunder and to promptly pay for all labor performed on the Property and for all supplies, materials, and equipment used or placed on the Property. Lessee shall defend, indemnify and hold harmless Lessor from and against any and all claims, charges, demands, causes of action, damages and liability, including reasonable attorneys fees and expert fees, that arise from or are connected to the acts or omissions of Lessee hereunder or to those of its contractors, subcontractors, employees, officers, agents or lessees in regard to providing labor and acquiring or installing materials, equipment and supplies for operations under this Lease. Lessee may in good faith and at its ownexpense, contest any lien by appropriate proceedings so long as Lessee posts a bond or takes other steps acceptable to Lessor that stay enforcement of such lien. 7 ARTICLE Xlll TERMINATION Section 13.1 hi. addition to the remedies available to Lessor under the provisions of this Lease and all applicable laws, Lessor shall have the right at Lessor' option to terminate this Lease if Lessee fails to perform any of its obligations hereunder as follows: (a) If Lessee fails to pay when due any amounts to be paid hereunder, Lessor may at Lessor's option give Lessee written notice of such failure and Lessee shall have 45 days from the date it receives notice to pay the amounts owed to Lessor. If Lessee fails to pay the past due amounts to Lessor within the 45 day period, Lessor may at Lessor's option declare Lessee in default and terminate this Lease. (b) If Lessee defaults in the performance of any obligation hereunder other than the obligation to pay money when due, Lessor may at Lessor's option give written notice of such default to Lessee, and Lessee shall have 30 days from the date it receives such notice to cure the default. If Lessee fails to cure the default within the thirty day period, Lessor may at Lessor's option terminate this Lease; provided, however, that if the default is minor and the default can be fully compensated for in damages, then such default shall not be a basis for cancellation or forfeiture of this Lease or any of Lessee's rights hereunder if Lessee pays the full amount of damages within 30 days after demand by Lessor. If, through no fault of Lessee, such failure is impracticable to correct within the 30 day period, Lessor shall have no right to to ate this Lease if Lessee commences in good faith to correct the failure and provided that Lessee diligently pursues and completes the correction within a reasonable time not to exceed 90 days. (c) If Lessee shall file a petition under any section or chapter of the federal Bankruptcy Code, as amended, or under any similar law or statute of the United States or any state thereof; or Lessee or Guarantor shall be adjudged bankrupt or insolvent in proceedings filed against Lessee or Guarantor, Section 13.2 Upon termination of this Lease for any reason, Lessee shall continue to be liable for the performance of all obligations and the satisfaction of all liabilities to Lessor including, but not limited to, the payment of royalties which have accrued prior to the date of termination and the compliance with all laws, regulations, and permit conditions that apply to the Property and the operations on the Property including, but not limited to the Permits all reclamation, environmental and land use laws, regulations and permit conditions. Section 13.3 Upon termination of this Lease with respect to all or any part of the Property, Lessee agrees to furnish Lessor with a document reasonably satisfactory to Lessor verifying such termination and release of Lease, Section 13.4 Upon termination of this Lease by Lessee for any reason, all sums paid hereunder to Lessor shall remain the property of Lessor and shall not be recoupable or refundable except to the extent that they have already been recouped or refunded as of the effective date of termination, Section 13.E End of Lease Term. Lessee shall have the right for one year from the date of the expiration or termination of this Lease to dismantle and remove machinery, equipment, improvements, and other facilities installed or constructed on the Property by Lessee and also to sell and remove Materials s then stockpiled on the Property, subject to its obligations under this Lease including, without limitation, the obligations to pay Production Royalties and maintain insurance. 8 Section 13.6 Restoration of Property. With respect to each cell identified on the Mining Plan, Lessee shall restore the Property to the condition required by law and by the applicable permits and approvals required for Lessee to conduct operations hereunder (including the Permits) on or before the date which is two (2) years after the earlier to occur of (a) the Substantial Completion of such cell or portion of the Mining Plan or (b) the expiration or earlier termination of this Lease, The term "Substantial Completion" shall mean, with respect to each cell or portion of the Mining Plan, excavation of such cell or cells as provided for in the Mining Plan. Following the expiration or termination of this Lease for any reason, Lessor covenants that Lessor will not extract or allow others to extract Materials until Lessor or others effect the termination of the Permits or transfer of the Permits to their names for reclamation or rehabilitation of the Property aid the release of any security or bond provided by Lessee to secure its performance or discharge its responsibilities and Lessee hereby agrees to cooperate with such termination or transfer of the Permit. Unless Lessor desires to continue operations to extract Materials (either by Lessor or through an operator, representative, or other lessee), Lessee shall have the right to access and enter the Property and to effect on the Property such restoration, rehabilitation and reclamation as may be required to discharge the responsibilities which Lessee has assumed pursuant to the Permits and otherwise under this Lease and to procure the release of any bond or other financial assurance provided by Lessee; provided, that, Lessee shall deliver written notice upon completion of such reclamation obligations and shall remain liable for its obligations hereunder (including its indemnification obligations to Lessor) until completion of its reclamation obligations, and; provided further, that, Lessee shall not have such continued access from and after such time as Lessor elects, in its sole discretion, to assume Lessee's obligations as successor operator under the Permits and procures the release of any and all outstanding bonds posted by Lessee under the Permits. ARTICLE xry ARBITRATION Section14.1 Arbitration. Any claim or dispute arising out of or relating to the matters in. this Luise which reference thia Paragraph, if notresolvcd by ncgotiution botwaeri: the partec .hereto, shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association as administered by the Judicial Arbiter Group ("JAG"). The claim or dispute shall promptly be submitted to arbitration by a single arbiter through JAG, any successor of JAG, or any similar arbitration provider who can provide a former judge to conduct such arbitration if JAG is no longer in existence, or an arbiter appointed by a court or competent jurisdiction1 The arbiter shall be selected by JAG or the relevant court on the basis, if possible, of his or her expertise in the subject matter(s) of the dispute. The arbitration shall take place in Weld County, Colorado. The arbitrator shall be bound by the laws of the State of Colorado applicable to the issues involved in the arbitration and all Colorado rules relating to the admissibility of evidence, including, without limitation, all relevant privileges and the attorney work product doctrine. All such discovery shall be completed in accordance with the time limitations prescribed in the Colorado Rules. of Civil Procedure, unless otherwise agreed by the parties or ordered by the arbitrator on the basis of strict necessity adequately demonstrated by the party requesting an extension or reduction of time. The arbitrator shall issue a written opinion setting forth her or his decision and the reasons therefore wits 'n thirty (30) days after the arbitration proceeding is concluded. In no event shall any arbitration award provide a remedy beyond those permitted under this Agreement, and any award providing a remedy beyond those permitted under this Agreement shall not be confirmed, no presumption of validity shall attach, and such award shall be vacated. Each party shall bear its own costs relating to such arbitration and all related proceedings, and discovery shall take place pursuant to a protective order entered by the arbitrator that adequately protects the confidential nature of the parties' proprietary and confidential information, he decision of the arbiter shall be final, nonappealable and binding upon the parties, and it may be entered in any court of competent jurisdiction. The obligation of the parties to submit any dispute arising under or related to this Lease to arbitration as provided in this Paragraph shall survive the expiration or earlier termination of this Lease. . 9 ARTICLE ICLE XV MISCELLANEOUS PROVISIONS Section 15.1 Assignment. The provisions of this Lease shall extend to and be binding upon the heirs, personal representatives, successors, assigns and sublessees of the respective parties to this Lease. Lessee may assign this Lease only with the prior written consent of Lessor, such consent may not be unreasonably withheld. Lessor may assign this Lease without Lessee's consent. Lessee shall have the right to subcontract with others for the performance of exploration, development and mining work hereunder, with the prior written consent of Lessor, subject to all terms of this Lease, but no such subcontract shall relieve Lessee of its obligations to Lessor hereunder, Section 15.2 Notice, Any notices required or authorized to be given by this Lease shall be in written form, addressed to the proper Party at the following address or such address as the Party shall have designated to the other Party in accordance with this Section: If to Lessor: With a copy to: If to Lessee: With a copy to: Konig Ag Co. 37231 Highway 14 Briggsdale, Colorado 80611 (970) 590-5061 Lind & 0ttenhoff, LLP. 355 Eastman Park Drive, Suite 200 Windsor, Colorado 80550 (970) 674-9888 (Telephone) (970) 674-9535 (Fax) Superior Oilfield Services Company, Ltd. P.O. Box 336356 Greeley, Colorado 80633 (970) 454-3222 Lind & Otte.nhoff, LLP. 355 Eastman Park Drive, Suite 200 Windsor, Colorado 80550 (970) 674-9888 (Telephone) (970) 674-9535 (Fax) All notices shall be given by (a) personal delivery to the Party, (b) electronic communication, capable of producing a printed transmission, (c) by registered or certified mail return receipt requested, or (d) by overnight or other express courier service. All notices shall be effective and shall be deemed given on the date of receipt at the principal address if received during normal business hours, and, if not received during normal business hours, on the next business day following receipt, or if by electronic communication, on the date of such communication. Either Party may change its address for notice purposes by notice properly given. Section 15.3 Condemnation. If the whole or any part of the Property shall be taken by any public authority under the power of eminent domain at any time during the Lease Term, Lessor and 10 Lessee shall each be entitled to share in the award to the extent of their respective interests in the Property with respect to any taking. In the event only a portion of the Property is taken, and if notwithstanding such taking Lessee will be able to continue to conduct its business in the remainder of the Property in substantially the manner it was being conducted immediately prior to such taking, this Lease shall cease only as to the part taken. If, however, by reason of the condemnation there is not sufficient property left in or upon the Property for Lessee to conduct its business in substantially the manner in which it was being conducted immediately prior to such taking, then and in such event this Lease shall terminate. All condemnation awards on account of the interest of the Lessor shall be paid to the Lessor and all awards on account of Lessee's leasehold interest shall be paid to Lessee. The allocation of any lump sum award for any taking between Lessor and Lessee shall be made by agreement between them, if possible, or if the parties cannot agree, then by arbitration, taking into account (i) the value of Lessor's interest in the property affected by such taking and under this Lease, and (ii) the value of Lessee's interest therein under the Lease. Section 15.4 Non -Business Day Deadlines. If a date for notice, performance or payment falls on a holiday or weekend, the time for performance or payment shall be extended to the next business day, and if notice, performance or payment has occurred on such weekend or holiday or after 5:00 p.m. on any business day, it shall be deemed to have occurred on the next business day. Section 15.5 Confidentiality. Recording. . The Parties agree that the terms and conditions of this Lease are confidential and shall not be disclosed to any third party without the consent of the other. Neither Party shall record this Lease without the consent of the other. The Parties agree to execute a short form lease for recording to provide record notice of this Lease without disclosing the economic terms hereof. Section 15.6 Headings The headings of the Sections of this Lease are for convenience of referenceonly and are not a part of the substantive provisions of this Lease. Section 15.7 Further Instruments. Each Party shall from time to time execute and deliver such further instruments as the other Party or its counsel may reasonably request to effectuate the intent of this Lease. a. Entire Agtce en.t_yAmendments- Waiver.. This Lease supersedes all prior agreements between the Parties relating to the Property and constitutes the entire agreement thereof. No amendment or modification of this Lease shall be binding on either Party unless made in writing and duly executed by both Parties. Failure of either Party to insist in any one or more instances upon the strict performance of any terms, covenants, conditions or obligations of this Lease, or to exercise any right, remedy or election contained in this Lease, shall not be construed as a waiver or relinquishment for the future of the performance of such one or obligations of this Lease or of the right to exercise such right, remedy or election, but the same shall continue and remain in full force and effect with respect to any subsequent breach, act or omission. Section 15.8 Choice of Law: Construotiont This Lease was drafted jointly by the Parties, and shall be construed and enforced in accordance with the laws of the State of Colorado. The language in all parts of this Lease shall in all cases be construed as a whole according to its fair meaning and not strictly for or against either Party. Section 15.9 Cou.nte arts, This Lease may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same Lease. This Lease may be executed by facsimile or electronic signatures. 11 Section 15.10 Brokers. Each Party represents and warrants to the other that it has not dealt with any broker or finder in connection with this Lease. Each Party hereby agrees to indemnify, defend, and hold the other Party harmless from any and all claims or liability for the commissions or fees payable to any broker or finder with which it has dealt in connection with. this Lease and for any and all other loss or damage resulting from the falsity of the representation made by it in the first sentence of this Article. Section Severability. In the event that any part of this Lease shall be held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be reformed, and enforced to the maximum extent permitted by law. If such provision cannot be reformed, it shall be severed from this Lease and the remaining portions of this Lease shall be valid and enforceable. Section 15.12 No Partnership or John Venture. This Lease does not re -present an intent or act. whether e iresscd or implied., to form a partnership or :pint venture between the Parties to this Lease. [Remainder of Page Intentionally Left Blank] 12 I i NESS WHEREOF, the Parties have executed this Lease to be effective as of the Effective Date. LESSOR: Konie .fig Co. , a _Colorado Corporation, STATE OF COLORADO COUNTY OF WELD } ss By: Name, title f. r By: 4'n7 me, title / LESSEE: Su je for Oilfield Services Com.pan 0-, Ltd. A a Colorado Limited Liability Lid Complay ?&2$ i:ocr Tie , ore i. ing instrument was acknowledged , fore me flails A..) , 2011, by Konig Joel as O. My ommission Expires: day of of Konig Ag SUSAN C. MCCOLLUM Notary Public State of Colorado YI STATE OF COLORADO ss COUNTY OF WELD WITNFSS my hand and official seal Notary Public: TC f re i instrument was acknowledged before me this day of , 2011, by Michael Miller as President of Superior Oil Services Company, Ltd. My Commission Expires: /fa D /al) SUSAN C. MCCOLLUM Notary Public State of Colorado WIT SS my hand and official seal Notary Public: [SIGNATURE PAGE TO LEASE AGREEMENT] ATTACHMENT A Attached to that certain Gravel Mining Lease Agreement dated October 5, 2011 by and between Konig Ag. Co. as Lessor and Superior Oilfield Services Company, Ltd. as Lessee. 1, The Property generally described is as follows: West Half (Wi/2) and the Southeast Quarter (SEI/4) of Section 22, Township 12 North, Range 63 West of the 6th Pi M. in Weld County,Colorado. Date. IN WITNESS WHEREOF, OF, the Parties have executed this Lease to be effective as of the Effective LESSOR: Konig a. a Colorado Corporation By: owe LESSEE: Superior Srvices Cos i an LtcL, a Colorado Limited Liability Com a By: Michael Miller, PLa' Dcirtwe It when Retarded send tv t.oneir a Energy a Associates. IL LC 3 West Dry Creek Circle Littleton, CO 80120 54210 Pages: I. of 5 . 33 ® 3 i l :17 rF R Fee Wald �eun� `CO S05/0112M3 or c k Err and Recorder , li'1t0 II II Steve w� Morro . 1 i 1 tuItE,ui! ■� Producers $ Rocky Mountain 1989 (Paid -Up Rev.1996a) PAID -UP OIL AND GAS LEASE THIS AGREEMENT, made and entered into this 11 ' day of October, 2012 and being effective July 24. 2013, by and between Joel W. Konip and Marcy J. koniq, husband and were, whose address is, 37231 Highway 14, Briq+gsdale, CO 80611, hereinafter called lessor (whether one or more), and COG Resources, Inc. whose address is P.O. Box 4362 Houston, TX 77210-43621 hereinafter called lessee: WITHESSETH 1. That lessor, far and in consideration of 1'tTECJ AND MORE'`7.4" dollars ($10.004) in hand paid, receipt of which is hereby acknowledged and of the agreements of lessee hereinafter set forth, hereby grants, demises, leases and lets exclusively unto lessee the lands described below for the purpose of investigating,, prospecting, exploring (by geophysical and other methods), drilling, operating for and producing oil or gas, or both (as defined below), together with the right to construct and maintain pipelines, telephone and electric lines, tanks, ponds, roadways, plants, equipment, and structures thereon to produce, save and take care of said oil and gas (which right shall include specifically a right-of-way and easement for ingress to and egress from said lands by lessee, or its assignees, agents or permiittees, necessary to or associated with the construction and maintenance of such pipelines, telephone and electric lines, tanks, ponds, roadways, plants, equipment; and structures on said lands to produce, save and take care of the oil and gas), and the exclusive right to inject air; gas, water, brine and other fluids from any source into the subsurface strata, and any and all other rights and privileges necessary, incident to, or convenient for the economical operation of said land,alone or conjointly with neighboring land, for the production, saving and taking care of oil and gas and the injector of air, gas, water, brine, and other fluids into the subsurface strata, said lands being situated in the County of Weld, State of Colorado described as follows, to -wit: To�w►nshlt 10 North, Range 62 VVest, 6th P.M. Section 3: Lot 3 (41.48), Lot 4 001.49), rit2NW!4 Section 4: S/2, SI2NW/4 Section 19: E!2 E/4 Township 12 North, Range 63 West, 6th P.M. Section 22: Lot 3 (3632), Lot 4 (36,444, SIN 14, S12 SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF and containing 1._ acres, more or less. In addition to the land described above, lessor hereby grants, leases and lets exclusively unto lessee, to the same extent as if specifically described, lands which are owned or claimed by lessor by one of the following reasons: (1) all lands and rights acquired or retained by lessor by avulsion, accretion, relictiorl or otherwise as the result of a change in the boundaries or centerline of any river or stream traversing or adjoining the lands described above; (2) all riparian lands and rights which are or may be incident, appurtenant, related or attributed to lessor In any lake, stream or river traversing or adjoining the lands described above by virtue of lessor's ownership of the land described above; (3) all lands included in any road, easement or right-of-way traversing or adjoining the lands described above which are or may be incident, appurtenant, related or attributed to lessor by virtue of lessor's ownership of the land described above; and (4) all strips or tracts of land adjacent or contiguous to the lands described above owned or acquired by lessor through adverse possession or other similar statutes of the state In which the lands are located. The term oil as used in this lease shall be interpreted to include any liquid hydrocarbon substances which occur naturally in the earth, including drip gasoline or other natural condensate recovered from gas without resort to manufacturing process. The term gas as used in this lease shall be interpreted to include any substance, either Combustible or noncombustible, which is produced in a natural state from the earth arid which maintains a gaseous or raffled state at ordinary temperature and pressure conditions, including but not limited to helium, nitrogen, carbon dioxide, hydrogen sulphide, coal bed methane gas, casinghead gas and sulphur. Subject to the other provisions herein contained,, this lease shall remain in force for a term of five (5) years from July 24, 2013 (herein called "primary terra") and as long thereafter as oil and gas, or either of them, is produced from the leased premises or drilling operations are continuously prosecuted. For purposes of this tease, a well completed for the 394210 Pages; 2 of 5 eam 1zola 11:17 1*11 Ft Fee'$31. -00 j I Stave 'yltren° . C L ark and d Recorder, We kd CoLI { y CO P° ,` I J!j!M Li{ '�I i4 I 6a 4 production of coalbed methane gas shad be deemed to be producing gas under this lease at all times when dewatering of the coal seams from which the coalbed methane gas will be produced is occurring. For purposes of this lease, "drilling operations" shall includeoperations for the drilling of a new well and operations for the reworking, deepening or plugging back of a wed or hole or other operations conducted in an effort to establish, resume or re-establish production of oil and gas; drilling operations shall be considered to be "continuously prosecuted" if not more than one hundred twenty (120) days shall elapse between the completion and abandonment of one well or hole and the commencement of drilling operations on another well or hole; drilling operations shall be deemed to be commenced for a new well at such trine as lessee has begun the construction of the wellsite location or the road which provides access to the wellsite location; and drilling operations shall be deemed to be commenced with respect to reworking, deepening, plugging back or other operations conducted in an effort to resume or re-establish production of oil and gas at such time as lessee has the requisite equipment for suchoperations at the wellsite. 2 The lessee shall deliver to the credit of the lessor as royalty, free of cost, into the tanks or in the pipe line on the leased premises to which lessee may connect its wells the equal fifteen percent (15%) part of all oil produced and saved from the leased premises, or lessee may from time to time at its option purchase any royalty oil in its possession, paying the market price thereof prevailing for oil of like grade and gravity in the field where produced on the date of purchase. The lessee shall pay lessor, as royalty, on gas, including casinghead gas or other gaseous substances, produced from the [eased premises and sold or used off the premises or used in the manufacture of gasoline or other products, the market value at the well of fifteen percent (15%) of the gas sold or used, provided that on gas sold the royalty shall be fifteen percent (15%) of the amount realized trorn such sale. The amount realized from the sale of gas shall be the price established by the gas sales contract entered into in good faith by lessee and a gas purchaser for such term and under such conditions as are customary in the industry. Price shall mean the net amount received by lessee after giving effect to applicable regulatory orders and after application of any applicable price adjustments specified in such contract or regulatory orders. In the event lessee compresses, treats, purifies or dehydrates such gas (whether on or off the leased premises) or transports gas off the leased premises, lessee in computing royalty hereunder may deduct from such price a reasonable charge for each of such functions performed; including associated fuel. 3. This is a paid -up lease and all cash consideration first recited above and annual rentals have been paid to lessor in advance to keep this lease in full force and effect throughout the primary term. In consideration of the payment ,cf such cash consideration and advance annual rentals, lessor agrees that lessee shall not be obligated, except as otherwise provided herein, to commence or continue any operations during the primary term. Lessee may at any time or times surrender this lease as to all or any portion of the land described above, and as to any strata or stratum, by delivering to lessor or by filing of record a release or releases, and be relieved of alll obligations thereafter accruing to the acreage surrendered. 4. Any payments required to be made to lessors pursuant to this lease, other than the payment of royalties, may be paid by lessee to the lessor or to lessor's credit in the Qav direct to Lessor Bank, at the above address (or its successor or successors, or any bank with which it may be merged or consolidated, or which succeeds to its business assets or any part thereof, by purchase or otherwise) which shall continue as the depository regardless of changes in the ownership of said land or the oil and gas. All such payments may be made by cash, check or draft, mailed or delivered on or before the due date for that payment Any payments so made shall be binding on the heirs, devisees, executors, administrators, and personal representatives of lessor and on lessor"s successors in interest or on lessors assigns. 5. If, at the expiration of the primary term of this lease, oil or gas is not being produced from the leased premises but lessee ,is then engaged in drilling operations, this lease shall continue in force so long as drilling operations are continuously prosecuted; and if production of oil or gas results from any such drilling operations, this lease shall continue in force so long as oil or gas shall be produced from the leased premises.. If, after the expiration of the primary term of this lease, production on the leased premises should cease for any cause, this lease shall not terminate if lessee is then engaged in drilling operations, or within one hundred twenty (120) days after each such cessation of production commences or resumes drilling operations, and this lease shall remain in force so long as drilling operations are continuously prosecuted, and if production results therefrom, then as long thereafter as oil or gas is produced from the leased premises. 6. If at any time, either before or after the expiration of the primary term of this lease, there is a well capable of producing oil or gas ail lands covered by this lease, or on other lands with which lands covered by this lease are pooled or unitized, but the well, is shut-in, whether before or after ptuction therefrom, and this lease is not being maintained otherwise as provided herein, this lease shall not terminate (unless released by lessee) and it shall nevertheless be considered that oil or gas is being produced from lands covered by this lease during all times while the well is so shut-in. Lessee shall use reasonable diligence to market the oil or gas capable of being produced from such shut-in well, but shall be under no obligation to market the oil or gas under terms, conditions or circumstances which, in lessee's judgment exercised in good faith, are unsatisfactory. When the lease is continued in force in this manner, lessee shall pay or tender to the lessor or lessor's successors or assigns, an amount equal to $1.00 per year per net mineral acre covered by the lease. Such payments shall be made on or before the shut-in royalty payrnecit date, as defined below, next occurring after the expiration of one hundred twenty (120) days from the date the well was shut-in, unless prior to such date oil or gas from the well is sold or used or the lease is otherwise maintained as provided herein. In like manner, on or before each succeeding shut-in royalty payment date while such well remains shut-in, lessee shall make payment of shut-in royalty in the same amount and manner. The term "shut-in royalty payment date" shall mean the anniversary date of this lease- Any shut -ire royalty payment may be made by cash, draft or check, mailed or tendered on or before the shut -ire royalty date. Lessee's failure to pay or tender, or properly pay or tender, any such sum shall render lessee liable for the amount due but it shall not operate to terminate the lease. 7. If lessor owns a lesser interest in the above described land than the entire and undivided fee simple estate therein, then the royalties, including shut-in royalty„ herein provided shall be paid to lessor only in the proportion which 3954210 Pages: 3 of 5 08/07/2013 11:17 PM R Fee : $31 AG Steve Morena, vlerk and Recorder, Weld Ceuntys CD IiiPIANYVKIIIIN MAkildilliMINTilihNik11111 lessor's interest bears to the whole and undivided fee. Any interest in production from the lands described herein to which the interest of lessor may be subject shall be deducted from the royalty herein reserved. 8. Lessee shall have the right to use, free of cost, gas, oil and water produced on said land for its operation thereon, except water from wells and reservoirs of lessor. Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises, including the right to draw and remove casing 9. Lessee shall pay to lessor reasonable amounts for damages caused by its operations to growing crops on said land. When requested by lessor, lessee shall bury its pipelines which traverse cultivated lands below plow depth. No well shall be drilled nearer than two hundred (200) feet to a house or barn now on said premises, without written consent of lessor. Lessee shall have the right at any time (but not the obligation), to remove all improvements, machinery, and fixtures placed or erected by lessee on said premises, including the right to pull and remove casings 10. Lessee is hereby given the right and power at any time and from time to time as a recurring right, either before or after production, as to all or any part of the land described above and as to any one or more of the formations hereunder, to pool or unitize the leasehold estate and the mineral estate covered by this lease with other land, lease or .leases in the immediate vicinity for the production of oil and gas, or separately for the production of either, when in lessee's judgment it is necessary or advisable to do so, and irrespective of whether authority similar to this exists with respect to such other land, lease or leases. Likewise, units previously formed to include formations not producing oil or gas may be reformed to exclude such non -producing formations. The forming or reforming of any unit shall be accomplished by lessee executing and filing of record a declaration of such unitization or reformation, which declaration shall describe the unit. Any unit may include land upon which a well has heretofore been completed or upon which drilling operations have been commenced. Production, drilling or reworking operations or aa: well shut-in for any reason anywhere on a unit which includes all or a part of this lease shall be treated as if it were production, drilling or reworking operations or a well shut-in under this lease. In lieu of the royalties elsewhere herein specified, lessor shall receive on production from the unit so pooled royalties only on the portion of such production allocated to this lease; such allocation shall be that proportion of the unit production that the total number of surface acres covered by this lease and included in the unit bears to the total number of surface acres in such unit. 11. Lessee shall have the right to unitize, pool, or combine all or any part of the land described above as to one or more of the formations thereunder with other lands in the same general area by entering into a cooperative or unit plan of development or operation approved by' any governmental authority and, from time to time, with like approval, to modify, change or terminate any such plan or agreement and, in such event, the terms, conditions, and provisions of this lease shall be deemed modified to conform to the terms, conditions, and provisions of such approved cooperative !or unit plan of development or operation and particularly, all drilling and development requirements of this lease, express or implied, shall be satisfied by compliance with the drilling and development requirements of such plan or agreement, andthis lease shall not terminate or expire during the life of such plan or agreement. In the event that the land described above or any part thereof shall hereafter be operated under any such cooperative or unit plan of development or operation whereby the production therefrom is allocated to different portions of the land covered by said plan*, then the production allocated to any particular tract of land shall, for the purpose of computing the royalties to be paid hereunder to lessor„ be regarded as having been produced from the particular tract of land to which it is allocated and not to any other tract of land; and the royalty payments to be made hereunder to lessor shall be based upon production only as so allocated. 12. If the estate of either party hereto is assigned or sublet, and the privilege of assigning or subletting in whole or in part is expressly allowed, the express and implied covenants hereof shall extend to the sublessees,, successors and assigns of the parties; and in the event of an assignment or subletting by lessee, lessee shall be relieved and discharged as to the leasehold rights so assigned or sublet from any liability to lessor thereafter accruing upon any of the covenants or conditions of this lease, either express or implied. No change in Ownership of the land, royalties, or other payments, however accomplished, shall operate to enlarge the obligations or diminish the rights of lessee or require separate measuring or installation of separate tanks by lessee- Notwithstanding any actual or constructive knowledge of or notice to lessee, no change in ownership of said land or of the right to. receive royalties or other payments hereunder, or of any interest therein, whether by reason of death,. conveyance or any other matter, shall be binding on lessee (except at lessee"s option in any !particular case) until one hundred twenty (120) days after lessee has been furnished written notice thereof, and the supporting information hereinafter referred to, by the party claiming as a result of such change in ownership or interest. Such notice shall be supported by original and certified' copies of all documents and other instruments or proeeediegs necessary in lessee's opinion to establish the ownership of the claiming party. 13, in the interest of conservation, the protection of reservoir pressures and recovery of the greatest ul nate yield of oil and/or gas, lessee shall have the right to combine the leased premises with other premises in the same general area for the purpose of operating and maintaining repressuring and recycling facilities, and for such purpose may locate such facilities, including input wells, upon leased premises, and no royalties shall be payable hereunder upon any gas used for repressuring and recycling operations benefiting the leased premises. 14. If lessor, during the !primary term of this lease, receives a bona fide offer from a third party to purchase from lessor a lease covering any or all of the substances covered by this lease and covering all or a portion of the land described herein. with such lease to become effectiveupon expiration of this lease, which lessor is willing to accept from the offering party, lessor hereby agrees to notify lessee in writing of said offer immediately, including in the notice the name and address of the offeror, the price offered and all other pertinent terms and conditions of the offer. Lessee, for a period of fifteen (15) days after the receipt of the notice, shell have the prior and preferred right and option to purchase the lease or part thereof or interest therein covered by the offer at the price and on the terms and conditions specified in the offer from a third party. All offers made up to and including the last day of the primer), term of this lease shall be subject to the terms and conditions of this paragraph 14. Should lessee elect to purchase the lease pursuant to the terms hereof, it shall so notify lessor in writing by mail, telefax, or telegram prior to expiration of said fifteen (15) day period. Lessee shall promptly thereafter furnish to lessor the new lease for execution by lessor along with lessee's sight draft payable to lessor in payment of the specified amount as consideration for the new lease, such draft being subject to approval of title 3954210 Pages: 4 of 5 0$/0712013 11:17 AM R Fige. x..00 Steve r1orcna Gierk. esti Recorder, Weld County, CO VIII RUNTEAM HMO lL)Wiii4611 II according to the terms thereat. upon receipt thereof, lessor shall promptly execute said lease and return same along with the draft through lessor's bank of record for payment. 15, In the event lessor considers that lessee has not complied with all its obligations hereunder, either express or implied, lessor shall notify lessee in writing, setting out specifically in what respects lessee has breached this lease. Lessee shall then have sixty (60) days after receipt of said notice within which to meet or commence to meet all or any part of the breaches alleged by lessor. The service of said notice shall be precedent to the bringing of any action by lessor on said lease for any cause, and no such action shall be brought until the lapse of sixty (60) days after service of such notice on lessee. Neither the service of said notice nor the doing of any acts by lessee aimed to meet all or any of the alleged breaches shall be deemed an admission or presumption that lessee has failed to perform all its Obligations hereunder. This lease shall never be forfeited or cancelled for failure to perform in whole or in part any of its ?implied covenants, conditions, or stipulations until a judicial determination is made that such failure exists and lessee fails within a reasonable time to satisfy any such covenants, conditions, or stipulations. 16. All express and implied covenants of this lease shall be subject to all federal and state, county or municipal laws, executive orders, rules and regulations, and lessee's obligations and covenants hereunder, whether express or implied, shall be suspended at the time or from time to time as compliance with such obligations and covenants is prevented or hindered by or is in conflict with federal, state, county, or municipal laws, rules, regulations or executive orders asserted as official by or under public authority claiming jurisdiction, or Act of God, adverse field, weather, or market ccnditions, inability to obtain materials in the open market or transportation thereof, wars, strikes, lockouts, riots, or other conditions or circumstances not wholly controlled by lessee, and this lease shall not be terminated in whole or in part, nor lessee held Iiable in damages for failure to comply with any such obligations or covenants if compliance therewith is prevented or hindered by or is in conflict with any of the foregoing eventualities. The time during which lessee shall be prevented from conducting drilling or reworking operations during the primary term of this. lease, under the contingencies above stated, shall be added to the primary term of the lease, 17. Lessor hereby warrants and agrees to defend the title to the lands described above, and agrees that the lessee, at its option, shall have the right at any time to pay for lessor, any mortgage, taxes orother liensexisting, levied or assessed on or against the above described lands in the event at default of payment by lessor and be subrogated to the rights of the holder thereof, and lessor hereby agrees that any such payments made by lessee for the lessor may be deducted from any amounts of money which may become due the lessor under the terms of this lease. 18. This lease and all its terms, conditions, and stipulations shall extend to and be binding on all successors in interest, in whole or in part, of said lessor or lessees 19. With respect to and for the purpose of this lease, lessor, and each of them if there be more than one, hereby release and waive the right of homestead, WHEREOF witness our hands as of the day and year first above written. STATE OF CderedQ j COUNTY OF WCJ( INDIVIDUAL ACKNOWLEDGMENT On this day of ; 2012, before me, the undersigned authority, personally appeared Joel r Ionia and husband and wife, known to me or proved to me by satisfactory evidence to be the person(s) whose name(s) (is/are) subscribed to the foregoing instrument. and acknowledged to me he/she/they executed the same for the,purposes therein stated - 1 r. J.1.,! 17.. . • .., C • I ., ._ ■ f 1" Affix Ntstarial SealiStaipp Above) Notary Signature Printed Name of Notary: Notary Public for the Slate of l Residing at: Cagtic5ig hive m CO 877/ My Corn mission Expires: �' EXHIBIT "A" Attached to and made a part of that certain Oil and Gas Lease dated October 1, 2012 but being eff:ect[ve July 24, 2013, by and between Joel W. Kanig and Marcy J, Konig, husband and wife, as Lessor, and E0Q__Resources, Inc., as Lessee, covering thefollowing described lands in Weld County, Colorado. Township 10 North, Range 62 West, 6th P.M. Section 3: Lot 3 (41.48), Lot 4 (41.49), S/2NW/4 Section 4: Sf2, S12NW/4 Section 19: E129E14 3954210 Pages: 5 OF 5 08/07/2013 11:17' AM P Fee:$31,00 $31 r 00 , Weld cqunty, Co $l�sw• Mtwara, C1grk arm Recorder1111 11 Towrishih 12 North, Range 63 West, 6th P.M. Section 22: Lot 3 (36J2), Lot 4 (36,45), S/2NW14, $12 Containing 1,'l= acres, mere or less in Weld county, Colorado. NOTWITHSTANDING ANYTHING CONTAINED WITHIN THIS LEASE TO THE CONTRARY, THE FOLLOWING PROVISIONS APPLY: Lessor and Lessee acknowledge that the lands described in this Lease are presently subject to an Oil and Gas Lease dated July 24, 2008, recorded as Document Number 3589272 of the records of Weld County, Colorado, from (James M. Kanig and Janet F. Konig, individually and as husband and wife, as Lessor, to Exterra Resources, LW, as Lessee (the "Existing Lease"). Lessor warrants, covenants and agrees not to extend, renew, amend, or modify the Existing Lease. 1) This lease is presently subject to the existing lease., and shall become effective only at such time and only as to such portion of the above desonbed lands which cease to be subject to the existing lease. if the existing lease terminates at the end of its primary term as to all of the above described lands, then Lessee shall have thirty (30) days from the expiration of said primary term to tender payment to Lessor for any bonus due as consideration for this Lease_ If, however, the existing lease is extended beyond its primary term under continuous operations or any other provisions of said existing lease, then the provisions of paragraph 2 shall apply. Upon termination of the existing lease as to any portion of the above -described lands, which may occur from time to time under the provisions of said existing lease, this lease shall became effective as to such portion and Lessee shall have 30 days to tender payment to Lessor for any bonus due for this lease as to said portion. One (1) year from the expiration of the primary term of the existing lease, the rights under this lease shall terminate as to any and ail of the above -described lands not theretofore made subject to this lease under the provisions of this paragraph or of paragraph 1, above. 3) Notwithstanding the provisions of this lease to the contrary, this lease shah terminate at the end of the primary term as to all land except those within a production or a spacing unit prescribed by law or administrative authority on which is located a well producing or capable of producing oil andior gas, or on which Lessee as engaged in drilling or reworking operations, This lease shall not terminate so long as drilling or reworking o-perations are being continuously prosecuted if not more than 180 days shall elapse between the completion or abandonment of one well and the beginning of operations for the drilling of another well. Signed for identification this 30+4* day of Joel •T_ Ko �racy � a �. Konig v-s\c'nia1/4 6 Oienchaie: 2012. COPY RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF COUNTY ROAD 138 AND AUTHORIZE CHAIR TO SIGN SUPERIOR OILFIELD SERVICES, LTD. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Nonexclusive License Agreement for the Upgrade and Maintenance of County Road 138 Right -of -Way between the County of Weld, State of Colorado, by and through the Board of county Commissioners of Weld County, on behalf of the Department of Public Works, and Superior Oilfield Services Ltd., 14280 County Road 72, Greeley, Colorado 80633, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy at which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Nonexclusive License Agreement for the Upgrade and Maintenance of County Road 138 Right -of -Way between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Superior Oilfield Services, Ltd., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of July, A, D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk to the Board 1 Deputy C k to he Boa APPROVED AS TO FORM: Date of signature: 1-5' -J t - Ant Sean P Conway, Chair EXCUSED illi ,ri r_ Garcia. Pro -tern rr arbara I.irkrneyer EXCUSED &David E. Long c Dougla Rademach-r 4F- a - c 2012-1698 EG0064 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT -0F -WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into �` this � 1 day of Mt( , 2012, by and between WELD COUNTY, COLORADO, by and through the Board of County Commissioners of Weld County, Colorado, whose address is 1150 0 Street, Greeley., Colorado 80631, as First Party, and Superior Oilfield Services, Ltd. as Second Party whose address is 14280 County road 72, Greeley, CO 80633. WIT ES S ETH.: WHEREAS, Second Party desires to more effectively access property located at the PT SW 4 of Section 22, Township 12 North, Range 63 West of the Oh P.M, in Weld County, Colorado, and WHEREAS, First Party is the owner of the right-of-way known as WCR 138 section line west of WCR 71 and located as follows: 30 foot of tight -of -way on the south section line of Sections 22 and 23 Township 12 North, Range 63 West, in Weld County, Colorado, which is hereinafter referred to as "ROW," and Superior Oilfield Services, Ltd, has a lease agreement with the property owner allowing use and access to the subject property along the south 30 foot of Sections 22 and 23, Township 12 North, Range 63 West, and WHEREAS, ROW is currently not being maintained by First Party, and WHEREAS, Second Party wishes to upgrade and thereafter maintain ROW at his/her/its sole expense in order to provide said m o re effective access. NOW, THEREFORE, in consideration of the covenants contained herein and the agreements of said Second party to be performed hereunder, and upon the conditions herein stated, First Party does grant to Second Party, its successors and assigns, a nonexclusive license to upgrade and maintain ROW without gating or fencing across the same, The conditions by which Second Party may upgrade and maintain ROW are as follows: 1, First Party retains the right to revoke this Nonexclusive License Agreement at any time for any reason, but such revocation shall not prohibit Second Party's continued use of the ROW for access to Second Party's property, to the extent that such continued use is consistent with the right of the public to use the ROW. First Party shall give Second Party written notice of its intent to revoke this Nonexclusive License Agreement at least ninety (90) days prior to the intended date of revocation. Such notice shall be sent to Second Party by Certified Mail l to its address written above or served upon Second Party in accordance with the Colorado Rules of Civil Procedure. Second Party shall have the duty of informing First Party of Second Party's change in address from his address written above. The upgrade and maintenance of ROW by Second Party shall be done in such manner as reasonably prescribed by First Party, which manner shall include, but not be limited to, the following: 38580C9 Pages: 1 of 4 07/1012012 10:46 AM R Fee:$0.00 $0 .O0 Steve Morenm Clerk and Recorder. Weld County, GO III I'h F'l$ I 69049 nroet‘ 49ci) a. ROW shall be constructed and maintained as a graded and drained all-weather road, The access width requirements for emergency equ ipnent (fire department) are a rninirnum of 20 feet, Dust control may be required, If the installation of a cross culvert is required through an existing drainage pattern or ditch, Second Party shall be responsible to supply and install such culvert, which shall be inspected by First Party to ensure adequacy of capacity, strength, and length. Second Party shall be responsible to maintain the culvert after its installation, including periodically cleaning the same. c, If the installation of a cattle guard is required, Second Party shall be responsible to supply and install such cattle guard, which shall meet County standards. Second Party shall be responsible to maintain the cattle guard after its installation, including periodically cleaning the same. d. This Nonexclusive License Agreement does not giant the right to gate or fence ROW for private use, but is intended to provide access to private property. e. Prior to commending work within the ROW, Second Party shall, through the services of a licensed registered surveyor hired and paid for by Second Party, mark the location of the exterior boundaries of the ROW. 3 The upgrade and maintenance of the ROW by Second Party, including those items set forth in Paragraph 1 above, or any other requirements stated by First Party, shall be at its own expense and without the aid or use of Weld County funds. Second Party shall be responsible for snow removal from ROW, if required to gain access, as part of the maintenance responsibilities referred to herein. 4. Except for the negligence of First Party, Second Party shall indemnify and save harmless First Party, its successors, assigns, employees, and agents from any damage or loss sustained by them or any of them to the extent caused by Second Party's negligence with respect to the upgrade and maintenance of the ROW. 5, Except for the negligence of First Party, Second Party agrees to protect First Party and save and hold it harmless from any and all third party claims and damages that said upgrade and maintenance may directly or indirectly cause to the extent attributable to the negligence of Second Party, Second Pam hereby releases First Party, its successors, assigns, employees, and agents from any and all claims and damages of whatsoever character to property owned by Second Party resulting from any act, either on the part of the First Party or on the part of any third party. 6, Other than assignments in connection with the mortgage or sale of ell' or substantially all of the Second Party's assets or equity interests in Second Parry, for which no consent shall be required. Second Party shall not assign any or all of its rights under this Nonexclusive License Agreement without first obtaining written consent to such assignment from First Party, which consent shall not be unreasonably withheld, 3858009 'Pages; 2 of 4 � @ Steve Moreno, �` Off'/ 0/20ii 10:46 PM P Fee:$0,00 : $ ' 00 Yerk. and' Record r �ii County, CO %CIO (�ThAtill !Eh MI 6 2 The parties hereby agree that neither has made or authorized any agreement with respect to the subject mater of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party hereto, or its agents or employees, This Nonexclusive License Agreement embodies all agreements between the parties hereto and there are no prom ises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 8. If any term or provision of this Nonexclusive License Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Nonexclusive License Agreements or the application of such terms or provisions, to a person or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Nonexclusive License A greerne rat shall be deemed valid and enforceable to the extent permitted by law. 9. No portion of this Nonexclusive License Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Nonexclusive License Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Nonexclusive License Agreement. 10. It is expressly understood and agreed that the enforcement of the terms and conditions of this Nonexclusive License Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Nonexclusive License Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Nonexclusive License Agreement, it is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Nonexclusive License Agreement shall be an incidental beneficiary only. 11. There shall be a $150 fee for the fabrication and installation of blue and white cross roads signs identifying the section line road intersection for the use of addressing and emergency response. The blue and white signs identify a nonirnaintainecd County right-of-way, Distance and location from the nearest maintained County road may require additional information signs. If existing signs are in place, the fee may be waived. 1? . There shall be a $100.00 fee for the Nonexclusive License Agreement. 13. Weld County Road "Access Permit Application Form" is included in the packet. It will be required for all new and existing roads, driveways, change in use or other means of providing ingress or egress to lands adjoining County right-of-NJ/ay, There may be a fee of $75.00 - $150.00. It is mutually understood and agreed that this Nonexclusive License Agreement and all the terms and conditions hereof shall extend to and be binding upon the parties hereto, their successors, and assigns. 3858009 Pages: 3 of 4 07/10/2012 le:46 AM R FeC:SO.MO Steve Moreno, Clerk and Recorder Weld County. CO EXECUTED IN DUPLICATE the day and year first above written, FIRST PARTY: WELD COUNTY, COLORADO, by and through the BOARD OF COUNTY COMMISSIONERS IONER OF WELD COUNTY, COLORADO ATTEST: Clerk tote Board By: Deputy . irk SECOND PARTY: NAME • seeEP- Sean P. Conway NAME By; Chair JUL 12 SUBSCRIBED .IBEI AND SWORN to before me hrs, 1 day I' alam, 20 it By :Prct, WITNESS my hand and official se& i IsiaLrdi My commission expires: • toy M:tAOREE TENTS\Non-exclus ive'2U 12\Superiur Oilfi e] d Services.docx 345800 Pages: 4 of 4 07/10/2012 10:45 AM R Fee 4O _ O Steve Moreno. ClerN and Recorder. Weld Cocunt•y, C IIM tiNFIFY lila�114i1441.1thil� Ali 11111 4 Notary Public TARA BRISBY Notary Public Stateof Colorado I My Commission Expires Jonuary 06, 2015 ,;(71,6? /61 91(5) _e eitai •J I e e tiff 1 Lai • • is , •M 1 R , a. • , ,. '1 I • of 1 AVEa.I�►I II 4 E a - JP a �' ac • f e.�f •• r r•I- f isfl e et C - II- II Al1 — VI k r ''.+,'i•'rr. IIi - G a ° PETE: }-V •$•! It , '~.._#. .. a I 1, • nap E 1 • 1• I •-•• XI V ter • a fin • 4. 1 , Ottifr. b� *nrs {/ •-. p.. Ohl IG JANET T F • ti4 ,rte ‘if Fr rar.ra�• •• , .{ r•' r ti ' •• 1 • N Ali l •h+Lk Yips. .11. _ yam C . r • r r • r s - ' t'• 4 µ3•.,r+� �. - -'n i 8 y — 1 ''! - •ale—'+ 7•[,•ri Se.:313 RANCH INC4 l ly•� • F' -cis. 17u. I• i el II a vn I 6 , atifierikke 4„, ` b 1"r r . • • e' ' a W61 ; . - 1 • Ilk L . t'(I 'a'�: 1 f 6'Yi e,1 e '•s • r 1 • L a 'SMITH SMITH GARY _ t z H rat. L a .1 e r1r -r- . Mil air" i'1ePL A ' Org • I I el 'him • •' e ; �.ic • .„2 r ( 'x-79 fti I 16 LAND CAS. I MI t 4 N T R Y e . �'� As, �� ,J tn` YD FAF • - 01% PI U'�•'E f'Y k• I. am a •K !strati' t91.O A Ye pie FF cif irSTMEN.T ER Ci?lialI 'A + Y' -4 r p1 EYJF1 E Ie lvES MEADER IAN H INC 'MEADER RANCH INC •'y� I 1 lI F Jo. • r Y- •�VI La` y y ` Y.Yee1, I' , _ I 1 5• E- t anima .: - Ja NORTH STAR PIT 112 RECLAMATION PERMIT APPLICATION EXHIBIT N - SOURCE OF LEGAL RIGHT TO ENTER ACCESS AUTHORIZATION The owners of sec to n Z3, T1214, 6 3 WA ,1, PM, KB? I RC- h eruby grant an acceb.. c-asern tint to S u Evertor Oilfield Services Co., LID, Pty Box 336354, Greeh y, CO 8 06 33, to build and use a roadway to be built within a 100 ft corridor bordered by the south section line &f Sec. Rion Z3 mid running for one mile west from Weld County 71_. The rid shalt be bulk arid maintained: by Superior Oilfield Services, Ca at their expense, The a access 5h - 1l be granted for a period cif 20 years ctr until all raining and reclamation i.i completed ?tit. th u North Star mine E=nSuction 22. Signed n rid agreed this 111h day Of -April , 2D12 by: Joel Ko j Mt rnb r KB F '1hC 57851 CR.8-1 Groverc CO 00729 State of CcIor !° County of Weld a - Michael Miller President Superior Oilfield Services Co LTD PO Box 336356 Creek*, CO 80633 The foregoing instrument was acknowledged before me this 11th day of A prier 2012 by thfichei Miller and PM Korrig personally known Liu notary, Jet Tara i are risby N otar 14280 CR 72 el P,O. Box 336356 I reeIey, CO60833 • n0_454.3222 * Fax.: g70.454.8723 www.supseriotoilfield.com • superioro tieldgh trnaul?c-orn North Star Pit 112 Reclamation Permit 131 Page Diana Aungst From: John McFarland <jmcfarland 1@grnail.com> Sent Thursday, October 15, 2020 8:17 AM To: Diana Aungst Cc: jack.rn@laserollfield.com Subject: Re: RN: CASE: U R o-oo 5 (Comments from CDPHE) Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Diana, The attached comments are all a part of our approved APEN permit for the site and are all being complied with so as to keep the permit in good standing. Please let me know if you have any questions or concerns. Thanks Jim. On ue, Oct 13, 2020 at 8:24 AM Diana Aungst <daungst@weldgay.com>wrote: Good morning: Please find below and attached the comments from the CDPHE. Please address these comments and send me an email that all these concerns have been addressed. Than ks, Diana Auttgst Planner Weld County Department of Planning Services 1555 N. 17th A venue - Greeley, Colorado 80631 D: 970-400-3524 O: 970-400-6100 Fax:970-304-6498 70-304-6498 daungst weldgo v. corn 1 www. weldgo v. corn f Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Localreferral - CDPHE, CDPHE ccdphe_localreferral@state.co.us> Sent: Thursday, October 1, 2020 2:29 PM To: Michelle Wall <mwal I@we Idgov.co m> Subject: Re: CASE: USR20-0025 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon, Michelle: In addition to the applicable requirements in CDPHE's general comments available here, the attached Air Pollutant Emissions Notice (APEN) for mining operations may be required for this project. Thank you for the opportunity to comment. On Wed, Sep 23, 2020 at 4:20 PM Localreferral - CDPHE, CDPHE <cdphelocalreferral@state.co.us>wrote: Thank you for contacting the Colorado Department of Public Health and Environment (CDPHE). CDPHE's general comments are available here. We will continue to review this referral to determine whether additional comments are necessary. If additional comments are necessary, we will submit them by the referral deadline. 2 cdphe localreferral@state.co.us I colorado.govlcdphe cdphe Ioca1referraI@state,co.us I colorado.gov/cdphe 3 Hello