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Home My WebLink About20191545.tiffCOLORADO Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman St. Room 215 Denver, CO 80203 June 4, 2019 Weld County Commissioners 915 10th St Greeley, CO 80631 RECEIVED JUN 07 201 WELD COUNTY COMMISSIONERS RE: Notice of 110(c) to 112(c) Construction Materials Reclamation Permit Conversion Application Consideration Arnolds Custom Seeding, LLC, Arnold Pit No. 1, Permit No. M-2016-022-CN0I Dear Sir or Madam: Please be advised that on June 4, 2019, Arnolds Custom Seeding, LLC, whose address and telephone number are 4626 CR 65 , Keenesburg, CO 80643; (303) 732-4021, filed an application to convert M- 2016-022, Arnold Pit No. 1, a 110(c) Limited Impact Construction Materials Permit to a 112(c) Regular Construction Materials Permit. The mining and reclamation operation is located at or near Section 35, Township 2N, Range 63W, 6 Principal Meridian, in Weld County. The application decision is scheduled for September 2, 2019. A copy of the application is available for review at the Weld County Clerk & Recorder's office and at the office of the Division of Reclamation, Mining and Safety, Room 215, 1313 Sherman Street, Denver, Colorado 80203. If you desire to make comments or objections, they must be submitted within twenty (20) days of the date of the newspaper public notice to be considered in the application review process by the Division. You should contact the applicant for the newspaper publication date. If we do not receive your comments or any objection by the end of the public comment period, the Office will assume you have no objection or comment to the proposed activity If you have any questions, please contact me. Si S'6ttie Tate Administrator III for Peter S. Hays Environmental Protection Specialist M-CR-04 1313 Sherman St. Room 215 Denver, CO 80203 P (303) 866-3567 F (303) 832-8106 https://mining.state.co.us Jared Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director ?Lc (3euD Col(7/1cj cc;.PL(.TP) Dw(,aMItR/c,1§bz e"s Co/it It q 1876 201c -►s'- 5 Receipt and Proof of Filing Arnold Pit No. 1, Construction Material Regular (112) Operation Reclamation Permit I, P3e4-10-r J Fr -8 , with the Weld County Commissioners 8ffice, hereby acknowledge receipt of the following: • "Notice of Filing Application for the Colorado Mined Land Reclamation Permit" • Arnold Pit No. 1, 112 Reclamation Permit Application Form RECEIVED MAY 3 0 2019 WELD COUNTY COMMISSIONERS Signature Date Public (y/10/ IQ Cc.: PL -CT P), PkAICJM/ec ioAlcv,) 3V1q 2oI c - 15c4 5 MENTAL cUNSUT1IN May 29, 2019 Weld County Commissioners Office 1150 O St. Greeley, CO 80632 Re: Arnolds Custom Seeding, LLC; Arnold Pit No. 1; 110-112 Construction Materials Reclamation Permit Conversion Application Package Resubmittal to Address Items in Response to The Colorado Division of Reclamation Mining and Safety Letter of Incompleteness and Pre - Operational Inspection Report To Whom It May Concern, The following are additional items included in Arnolds Custom Seeding, LLC 110 to 112 Construction Materials Reclamation Permit Conversion Application Package in response to a letter from The Colorado Division of Reclamation Mining and Safety dated May 3, 2019 regarding an Incomplete Submittal of: • Revised Reclamation Permit Application to reflect the exact company name as registered with the Colorado Secretary of State Office as Arnolds Custom Seeding, LLC; • Revised organization type as Limited Liability Company (LLC) in Section 1.1 of the application form; • Revised location information in Section 9 of the application form to include the quarter/quarter section for which the center of the mining operation is located; • Documentation providing Tyrun Huwa the authority to sign on behalf of Arnolds Custom Seeding, LLC; • Documentation providing Duraroot, LLC the authority to act on behalf of Arnolds Custom Seeding, LLC; • Revised Exhibit Cto indicate approximately 160 -acre permit boundary and the proved 9.9 -acre permit boundary; • Revised Exhibit F to indicate approximately 160 -acre permit boundary and the appr.ved 9.9 -acre permit boundary; • Revised Exhibit R providing receipt indicating the date on which the revised conversion . . plication documents were filed with the Weld County Clerk and Recorder; and • As per the Pre -Inspection Report, Exhibit S has been revised to include a structure agreeme with Noble Midstream for the presence of an underground waterline located in the northwest cor -r of the permit boundary and to Morgan County REA for the overhead power lines alo g the easter ' and southern permit boundaries. The structure identified in the Pre -Inspection Report a a water w- I is a waterline riser that is no longer in use. These additional features have been identifie, in the revised Figure C-3. Additional revisions include: • Exhibit G — Water Information: An Approved Jurisdictional Determination has been received f US Army Corp of Engineers (USACOE). Exhibit G has been revised and re -submitted in its entir • Exhibit M — Other Permits and Licenses: Exhibit M has been updated to include the Pre-Applicati Review was submitted to Weld County and a Mining Operations APEN was submitted to CDPHE. Duraroot Environmental, LLC 4626 WCR 65 Keenesburg, CO 80643 303-732-4021 Additionally, as described in Exhibit G, the USACOE has requested that a depressed area in the southeast corner of the permit boundary not be used for extraction. The figures have been revised to reflect this adjustment in the boundary. However, the estimated permit area remains at approximately 160 acres. Please feel free to contact the undersigned with any further questions by email at rspears@duraroot.com or by phone at (720) 346-4301. Sincerely, Ron Spears Senior Biological Scientist / Project Manager Duraroot Environmental Consulting 2 STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 CONSTRUCTION MATERIALS REGULAR (112) OPERATION RECLAMATION PERMIT APPLICATION FORM COLORADO DIVISION OF RECLAMATION MINING —&— SAF ETY CHECK ONE: I I There is a File Number Already Assigned to this Operation Permit # M - -_ (Please reference the file number currently assigned to this operation) ITINew Application (Rule 1.4.5) Amendment Application (Rule 1.10) Conversion Application (Rule 1.11) Permit # M _ 2016. 022 _ (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts: (1) the application form; (2) Exhibits A -S, Addendum 1, any sections of Exhibit 6.5 (Geotechnical Stability Exhibit; and (3) the application fee. When you submit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (1) copy of the completed application form, two (2) copies of Exhibits A -S, Addendum 1, appropriate sections of 6.5 (Geotechnical Stability Exhibit, and a check for the application fee described under Section (4) below. Exhibits should NOT be bound or in a 3 -ring binder; maps should be folded to 8 1/2" X 11" or 8 1/2" X 14" size. To expedite processing, please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, ALL information requested below. 1. Applicant/operator or company name (name to be used on permit): Arnolds Custom Seeding, LLC 1.1 Type of organization (corporation, partnership, etc.): Limited Liability Company 2. Operation name (pit, mine or site name): Arnold Pit No. 1 3. Permitted acreage (new or existing site): 3.1 Change in acreage (+) 3.2 Total acreage in Permit area 4. Fees: 4.1 New Application 4.2 4.4 4.5 New Quarry Application Amendment Fee Conversion to 112 operation (set by statute) 5. Primary commoditie(s) to be mined: Top Soil 5.1 Incidental commoditie(s) to be mined: 1. 3. / lbs/Tons/yr 9.99 150.01 160 permitted acres acres acres $2,696.00 application fee $3,342.00 quarry application $2,229.00 amendment fee $2,696.00 conversion fee lbs/Tons/yr 2. / 4. / lbs/Tons/yr 5. / 5.2 Anticipated end use of primary commoditie(s) to be mined: Top soil use on construction locations 5.3 Anticipated end use of incidental commoditie(s) to be mined: none lbs/Tons/yr lbs/Tons/vr -2- 6. Name of owner of subsurface rights of affected land: Rich and Patricia Huwa If 2 or more owners, "refer to Exhibit O". 7. Name of owner of surface of affected land: Rich and Patricia Huwa 8. Type of mining operation: Surface Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN (check one): 1 6th (Colorado) 10th (New Mexico) EI Ute SECTION (write number): S 35 TOWNSHIP (write number and check direction): T 2 1:1 North El South RANGE (write number and check direction): R 63 El East IZI West QUARTER SECTION (check one): �� NE El ® ® SW QUARTER/QUARTER SECTION (check one): ® NE El NW SE SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): Site is approximately 4.25 miles east of Keenesburg, CO. Approximate elevation 4,813. 10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) 39° 44' 12.98" (W) 104° 59' 3.87" Latitude (N): deg 40 min 6 sec 7 .59 (2 decimal places) Longitude (W): deg 104 min 24 sec 33 . 36 (2 decimal places) OR Example: (N) 39.73691° (W) -104.98449° Latitude (N) 40 . 10211 (5 decimal places) Longitude(W) -104 .409300 (5 decimal places) OR Universal Tranverse Mercator (UTM) Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Datum (specify NAD27, NAD83 or WGS 84) Easting Northing Zone -3- 11. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Contact's Name: Tyrun Huwa Title: Director Company Name: Arnolds Custom Seeding, LLC Street/P.O. Box: 4626 WCR 65 P.O. Box: City: Keenesburg State: Colorado Zip Code: 80643 Telephone Number: (720 ) - 463-9837 Fax Number: ( ) - PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Ronald Spears Title: Project Manager Company Name: Duraroot, LLC Street/P.O. Box: 810 Brickyard Cir. #4 P.O. Box: City: Golden State: Colorado Zip Code: 80401 Telephone Number: (720 ) - 346-4301 Fax Number: ) - INSPECTION CONTACT Contact's Name: Darren Dever Title: Superintendent Company Name: H2 Enterprises Street/P.O. Box: 4626 WCR 65 P.O. Box: City: Keenesburg State: Colorado Zip Code: 80643 Telephone Number: (303 ) - 732-0510 Fax Number: ( ) - CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Telephone Number: ( ) - CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Telephone Number: ( ) - - 4 - i 12. Prima future (Post -mining) land use (check one): Cropland(CR) _IDPastureland(PL) Rangeland(RL) Forestry(FR) Residential(RS) Recreation(RC) Developed Water Resources(WR) 13. Primary present land use (check one : El Cropland(CR) El Rangeland(RL) a_ Residential(RS) Pastureland(PL) Forestry(FR) Recreation(RC) Developed Water Resources(WR) j1General Agriculture(GA) Wildlife Habitat(WL) - Industrial/Commercial(IC) 11 Solid Waste Disposal(WD) HGeneral Agriculture(GA) Wildlife Habitat(WL) ElIndustrial/Commercial(IC) 14. Method of Mining: Briefly explain mining method (e.g. truck/shovel): The top 4 inches of the top soil will be stripped and piled for reclamation using a CAT D6 dozer. The remaining 8 inches of top soil will be stripped and piled using a CAT D6 dozer and front end loader. 15. On Site Processing: I Crushing/Screening 13.1 Briefly explain mining method (e.g. truck/shovel): None List any designated chemicals or acid -producing materials to be used or stored within permit area: None 16. Description of Amendment or Conversion: If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s). Converting from 110 permit to a 112 permit for increased production. -5 - Maps and Exhibits: Two (2) complete, unbound application packages must be submitted. One complete application package consists of a signed application form and the set of maps and exhibits referenced below as Exhibits A -S, Addendum 1, and the Geotechnical Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of reference. If separate documents are used as appendices, please reference these by name in the exhibit. With each of the two (2) signed application forms, you must submit a corresponding set of the maps and exhibits as described in the following references to Rule 6.4, 6.5, and 1.6.2(1)(b): EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT I EXHIBIT J EXHIBIT K EXHIBIT L EXHIBIT M EXHIBIT N EXHIBIT O EXHIBIT P EXHIBIT Q EXHIBIT R EXHIBIT S Rule 1.6.2(1)(6) Rule 6.5 Legal Description Index Map Pre -Mining and Mining Plan Map(s) of Affected Lands Mining Plan Reclamation Plan Reclamation Plan Map Water Information Wildlife Information Soils Information Vegetation Information Climate Information Reclamation Costs Other Permits and Licenses Source of Legal Right -To -Enter Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined Municipalities Within Two Miles Proof of Mailing of Notices to County Commissioners and Conservation District Proof of Filing with County Clerk or Recorder Permanent Man -Made Structures ADDENDUM 1 - Notice Requirements (sample enclosed) Geotechnical Stability Exhibit (any required sections) The instructions for preparing Exhibits A -S, Addendum 1, and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule 1.6.2(1)(6) of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required, or would like to schedule a pre -application meeting you may contact the Office at 303-866-3567. Responsibilities as a Permittee: Upon application approval and permit issuance, this application becomes a legally binding document. Therefore, there are a number of important requirements which you, as a permittee, should fully understand. These requirements are listed below. Please read and initial each requirement, in the space provided, to acknowledge that you understand your obligations. If you do not understand these obligations then please contact this Office for a full explanation. -14-1 I. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; -6- 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the application or your permit misrepresent important material facts; 14- 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as permittee can result; 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; 5. It is your responsibility to notify the Office of any changes in your address or phone number; 6. Upon permit issuance and -prior to beginning on -site mining activity, you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information (Rule 3.1.12): a. the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c. the permit number. 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate_ such boundaries prior to site disturbance. 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listedinyour application, as well as with the provisions of the Act and the ConstructionMaterialRules and Regulations in effect at the time the permit is issued. 9. Annually, on the anniversary date of permit issuance, you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example, a permit with the anniversary date of July 1, 1995, the annual fee is for the period of July 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the permittee, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. 10. For joint venture/partnership operators: the signing representative is authorized to sign this document and a power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application. -7 - NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office. Therefore, if you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document. The Office is not allowed to consider comments, unless they are written, and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process, you may contact the Office at (303) 866-3567. g , by I +(t x,.k''+ -8- Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: I. To the best of my knowledge, all significant, valuable and permanent man-made structure(s) in existence at the time this application is filed, and located within 200 feet of the proposed affected area have been identified in this application (Section 34-32.5-115(4)(e), CR.S.). 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115(4)(f), C.R.S.; 3. As the applicant/operator, I do not have any extraction/exploration operations in the State of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-32.5-120, C.R.S.) as determined through a Board finding. 4. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,C.R.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to section 34-32.5-123, C.R.S. Signed and dated this O16/.11 day of k--010-3. (Lvnoidc C .s1vrn Seed -0(W) Applicant/Operator or Company Nam Signed: Col Title: i✓1f the✓ State of ) ) ss. County of lct If Corporation Attest (Seal) Signed: Corporate Secretary or Equivalent Town/City/County Clerk The foregoing instrument was acknowledged before me is ( ' " day of L- as 1(P% o t G 6t LL , Notary Public My Commission expires: MONICA L VICKERS NOTARY PUBLIC STATE OF � COLORADO � NOTARY MY COMMISSIONtWIIRESS JUNE 1O, 2019 NOTICE This site is the location of a proposed construction materials operation. (Name of the Applicant/Operator) Ads Custom Seeding LLC, whose address and phone number is (Address and Phone Number of the Applicant/Operator) 4626 WCR 65 Keenesburo. co 80643 , has applied for a Reclamation Permit with the Colorado Mined Land Reclamation Board. Anyone wishing to comment on the application may view the application at the (County Name) Weld County Clerk and Recorder's Office, (Clerk and Recorder's Office Address) 1402 N. 17th Avenue Greeley, Co 80631 , and should send comments prior to the end of the public comment period to the Division of Reclamation, Mining, and Safety, 1313 Sherman St, Room 215, Denver, Colorado 80203. Certification: I, Tyrun Huwa , hereby certify that I posted a sign containing the above notice for the proposed permit area known as the (Name of Operation) Arnold Pit No. 1 , on (Date Posted) 4/15/2019 q11-7/ SIGNA' ,lam" DATE Date ,5'9,'a, V1 STATE OF )ss. COUNTY OFWe- C ) The foregoing was acknowledged before s '' 4-Y 114 1Y1 aki-q- Notary Public CUSTOM SEEDING Mr. Peter Hays Environmental Protection Specialist Colorado Division of Reclamation, Mining and Safety 1313 Sherman St, Room 215 Denver, CO 80203 „pLppffiNa?t NEVE0F R GROW PANOg May 14, 2019 Subject: Letter of Authorization for Duraroot, LLC to Act on Behalf of Arnolds Custom Seeding, LLC Dear Mr. Hays I, (O�� ((� J , hereby authorize Duraroot, LLC to act on behalf of Arnolds Custom Seeding, LLC for al,jontractual items pertaining to the assembly and submittal of the 112 Construction Materials Reclamation Permit Conversion for Arnold Pit No. 1, Permit ID M-2016-022, located in Weld County, Colorado. This authorization is valid for the duration of the permitting process, expiring at anticipated end of mine life. Authorizer of Arnolds Custom Seedin Si ACKNOWLEDGED BY: �} j( CompanA f\fl\AS 1Y1 &diU'1P ULName 0 0 y'e9 1 Y l tA) (� J ✓ Title tg 1 j14� this ay of ,rr by �y� WA- as �Lffi bi of �, fld1Cls OLtatO111 Seed(' My Commission Expires; MONICA L. VICKERS NOTARY PUBLIC STATE OF COLORADO NOTARY Ipp 20p0q34011009 MY COMMISSION EXPIRES JUNE 10, 2019 t. L 2-6 Arnold's Custom Seeding, LLC • 4628 WCR 85 • Keenesburg, CO 80843 • P: 303.732A021 • F: 303.732.0510 • acsseeding com CUSTOM SEEDING Mr. Peter Hays Environmental Protection Specialist Colorado Division of Reclamation, Mining and Safety 1313 Sherman. St, Room 215 Denver, CO 80203 'PLANING THE g OF 90 DANOgit Neva CROW May 14, 2019 Subject: Letter of Authorization for Duraroot, LLC to Act on Behalf of Arnolds Custom Seeding, LLC Dear Mr. Hays 1, OtekA U. b3a,, , hereby authorize Tyrun Huwa to sign on behalf of Arnolds Custom Seeding, LLC for aldocuments pertaining to the 112 Construction Materials Reclamation Permit Conversion for Arnold Pit No. 1, Permit ID M-2016-022, located in Weld County, Colorado. This authorization is valid for the duration of the permitting process, expiring at anticipated end of mine life. Authorizer of Arnol . : Custom Seeding, nature ACKNOWLEDGED BY: Company Date STATE OF 1 OkI8 @, skrn 9\i 1°1 0.0 COUNTY OF _,(_)Q,` )ss. ) Title Corn , kU L tOtL1Mte The foregoing was acknowledged before f }me this day of , o(c by \.,001\ , 411,U30-3OL as 11P1/of ` nOWS (116 -to rvi &Mt'? r LLC... vdl.�C¢t., fi My Commission Expire. Notary Pubiic NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20944011009 COLIIMi38gN EXPIRES JUNE 10, Arnold's Custom Seeding, LLC • 4626 WCR 65 • Keansburg C0110643 • P: 303.732.4021 • F: 303.732.0510 • acss eeding.c om Exhibit A — Legal Description The mining area is located in the Northwest quarter, of the Northwest quarter of Section 35, Township 2 North, and Range 63 West, in Southeast Weld County. Physical address of the property is 34216 County Road 16, Keenesburg CO 80643. The nearest intersection is County Road 69 and County Road 16. From the point of the intersection drive east on County Road 16 approximately 1,360 feet to the entrance of the Arnold Pit No. 1. The entrance access is on the south side of County Road 16 located at 40.102110°, - 104.409300°. Buried utilities and overhead power lines are located within the 200 -foot buffer of the proposed boundary. Structure agreements have been drafted and mailed to all interested parties. Receipts included in Exhibit S. Exhibit B -- Index Map Figure B-1 presents the regional location and local access roads to the site. . I. (:heist" Minot 19 "rCra1:1 d i71ffl FAFJF f I 4 %acrin t ¶f.4yr CaNttrd RG41 ' 1 1 7 Kt4neblfrg CCMif Nwdti count, Rn i:14d Legend I Project Location • Cal-retp f cad II t> i..ranr' Raid 10 Caanti Qord C2 CcanR neat 63 1 P c. tun% It cad It C 4,14.rtto K•4i: 18 Erra 1p Iva., 14 sic 1 Litt. 5 5 a CmicavRes-to Cco p kcRd is: •1)71F , 1r. Can* $tta/t 1 S. 3 •z • s C.c4fl!% Fic l't i v (stun RA* c c_sr' St R ..uj;rlA...,;1v Sources: Esri, HERE, Garmin. USGS. Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong). Esri Korea. Esri (Thailand) NGCC. © OpenStreetMap contributors. and the GIS User Community 0 05 075 Scale in Notes pitoxiii Duraroot LLC 310 Brickyard Cr #4 Golden, CO 80401 PAPSIWS Arnolds Custom Seeding 4626 WCP 65 Keenesburg, CO 80643 Title: Index Map Project Arnolds Pit No. 1 Location Weld County, Colorado Project No: 40195.00 Date 4/11/2019 Figure Figure B-1 Exhibit C — Pre -mining and Mining Plan Maps of Affected Lands The following figures are presented as Exhibit C: Figure C-1: Adjoining Surface Owners of Record Figure C-2: Names and Locations of Structures and Water Wells Figure C-3: Names and Locations of Power and Communication Lines Figure C-4: Topography, Water Bodies, and Vegetation USA Parcel ID: 130334000017 - Turnpike LLC PV Lone Tree, LLC Parcel ID: 130334000015 .A.Ora Rupple Farms, LLC Parcel I D : 13 0334000013 Legend 110 Permitted Area Affected Land 200 Foot Buffer Adjoining Surface Owners Boundary Arnusch Investments, LLC Parcel ID: 130326000002 VII r• Parcel ID: 130334000016 SO" ._..r._,•S .4......4- Surface Owners of Affected Land Patricia and Richard Huwa Parcel ID: 130335000003 :or •••••• emiemivaarge amo wee. mama 'intros. +Pune Patricia and Richard Huwa Parcel ID: 130335000003 Elaine and FredericK Hepner Parcel I D : 130326000014 Stanley Gingerich Parcel ID: 130335100008 Keene Storage Parcel I D : 130335400009 N A Notes: Parcel data obtained from Weld County property portal https //www.caweld weld co us /maps/propertyportal/ Well data obtained from DWR website Duraroot 810 Golden, 80401 ' Brickyard rJ tsi�+u _sx i r LLC Cr #4 CO ... Title: Adjoining Surface -:f . �• r'° Owners of Record Arnolds Custom Seeding 4626 WCR 65 Project: Arnolds Pit No. 1 Project 40195.00 No: Figure: Keenesburg, 80643 CO Location: Weld County, Cclorado Date 5/24/2019 Figure C-1 https://www.colorado 0 220 440 660 880 Scale in Feet gov/pacific /cdss/division-1-south-platte Sarah Petty Building Turnpike LLC Building Richard and Patricia Huwa Legend Q Well Riser within the Project Buffer Ali- Water Wells within Project Buffer 110 Permitted Area 200 Foot Buffer Affected Land Adjoining Surface Owners Boundary 220 440 660 880 Scale in Feet Richard and Patricia Huwa Building Notes: Parcel data obtained from Weld County property portal https //www co.weld.co.us /maps/propertyportal/ Well data obtained from DWR website https://www colorado.gov/pacific /cdss/division-1-south-platte ,1...,,...µ.. Duraroot LLC 810 Brickyard Cr #4 Golden, CO 80401 Mark Arnusch Building Arnusch Investments itita Arnolds Custom Seeding 4626 WCR 65 Keenesburg, CO 80643 Title: Stanley Ginerich Building Names and Locations of Structures and Water Wells Project: Arnolds Pit No. Location: Weld County. Colorado Project No: 40195.00 Date 5/24/2019 Figure: Figure C-2 Loydline Canal 'T 7 -�- awastasestra Walla 1_— r _ a I .__T -r -r -r —I �. - r 9 ir- ---T• t--- .__T --T _ ---- _ -_T _ • --r _ .__T _ --_r _ --r _ -- County Road 69 -t- - --t- at- ant- is _u -i 1 1 1 1 ax S OD UPI WM n —a Legend Dry and Abandoned Oil and Gas Well Approximate Location of Noble Midstreams underground waterline Approximate Location of Xcel Energy High Pressure Gas Line Approximate Location of Century Link Fiber Optic Line --i� Approximate Location of Morgan County REA Overhead Power Line Affected Land 200 Foot Buffer Zone 110 Perm tted Area Sources: Esri, HERE. Garmin. Intermap. increment P Corp., GEBCO, USGS. FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI. Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community N A i 0 220 440 660 880 Scale in Feet Notes: Parcel data obtained from Weld County property portal https //www.co weld co us /maps/propertyportal/ Well data obtained from DWR website https://www colorado.gov/pacific /cdss/division-1-south-platte Duraroot LLC 810 Brickyard Cr #4 Golden, CO 80401 AJLNOWNS'TOM SEEo;yo 1,- Arnolds Custom Seeding 4626 WCR 65 Keenesburg, CO 80643 Title : Names and Locations of Power, Communication and Water Lines Project: Arnolds Pit No. 1 Location: Project No: 40195.00 Date 5/24/2019 Figure: Figure C-3 Weld County, Colorado Legend Lowline Canal Existing Site Contours 110 Permitted Area Affected Land N 220 440 660 Scale in Feet 880 I Notes: Parcel data obtained from Weld County property portal https://www.co.weld.co.us /maps/propertyportal/ Well data obtained from DWR website https://www.colorado gov/pacific /cdss/division-1 -south-platte tr 4800 ;t Present Vegetation: Crop 7'GH►tu C Ell r Duraroot LLC 810 Brickyard Cr #4 Golden. CO 80401 1:644, 1.%5M, ° Arnolds Custom Seeding 4626 WCR 65 Keenesburg. CO 80643 N N Topography, Water Bodies and Vegetation Project: Arnolds Pit No. 1 Location. Weld County. Colorado Project No: 40195.00 Date 5/24/2019 Figure: Figure C-4 Exhibit D -- Mine Plan Arnolds Custom Seeding is applying for a (112) Reclamation Permit to mine 310,000 tons of top soil from 150 acres of land located in the Northwest quarter of Section 35, Township 2 North, Range 63 West in Weld County, Colorado. Mining of the Arnold Pit No. 1 will begin as soon as DRMS approves the (112) Reclamation Permit. Mining will be completed by December 31, 2021. The estimated top soil depth in the mining area is 12 inches. The top four inches of top soil will be salvaged for reclamation using a CAT D6 dozer and stockpiled on site. Erosional BMPs will be employed around the stockpile to limit runoff. The remaining eight inches of top soil will be stripped and piled using a CAT D6 dozer and frontend loader. It will then be loaded into trucks using a frontend loader and hauled offsite. The total disturbance depth will not exceed 24 inches. Mining will be undertaken year-round during the mine life. Excavation will occur 2-3 days per week, and the remainder of the week, the material will be transported off -site. Once mining is complete, the sub soil will be graded as shown in Figure F-1 (Exhibit F) and covered with salvaged top soil. The area will be de -compacted and prepared for crop production (Exhibit E — Reclamation Plan). Exhibit E — Reclamation Plan The current, pre -disturbed land use of the Arnold Pit No 1 location is agricultural, primarily cropping. According to NRCS soil survey data (Exhibit I) the location soils are primarily medium textured loam soils, with grades less than 3 -percent. Soils are predominately neutral to moderately alkaline (pH 7.0 to 7.9). Soils are moderately deep to deep (> ?4 -inches) and typically moderately -well to well drained. Soils are neither saline, nor sodic. Following mining activities, the land will be returned to productive cropland. Soil and nutrient amendments will be based on surface owner requests at the time of reclamation. Upon request of the surface owner, location soils may be sampled and analyzed to establish current soil physicochemical properties for further reclamation planning. Soil sample analytical data would be used to develop site -specific amendment recommendations based on the current soil chemistry. The following recommended seedbed preparation steps will aid in successful reclamation. Steps may be omitted, conducted in different order, or changed to optimize success and efficiency depending on field conditions, sub -soil properties, and local terrain. • At the completion of mining activities, the site will be regraded to approximate pre -disturbance contours as shown in Figure F-1 (Exhibit F). • Prior to topsoil re -spreading, the subsurface soil will be deep ripped to a minimum depth of 16 - inches to reduce soil compaction and improve drainage. Ripping will be conducted using a double pass with a straight -shank agricultural ripper or parabolic ripper. The shanks on the back of a grader or dozer should NOT be used to alleviate soil compaction due to outcome inadequacies. During ripping operations, the surface will be left rough and irregular to help tie the topsoil and subsoil horizons together. Tillage can be used to break soil clods apart prior to topsoil application. • Re -apply stockpiled topsoil and incorporate requested soil amendments to improve the soil's physical and chemical characteristics and to supplement any soil nutrient deficiencies. • Finally, till the site to a depth of 4.0 to 6.0 -inches to incorporate applied soil amendments and to create a seedbed conducive to seedling establishment using a disk and harrow, field cultivator, vibra- shank, or other alternative suitable for site conditions. Planting will be determined by reclamation timing and consists of the following options: • Cropping Season: The site will be handed directly to the surface owner to be used for cropping production. • Non -cropping Season: A cover crop should be seeded when establishment of the crop will not occur within 45 -days or less of reclamation activities. A cover crop will protect the soil from wind and water erosion, increase soil stabilization, improve soil structure, suppress weed establishment, and improve overall reclamation success. The cover crop seed mix (Table E-1) was developed to provide quick cover due to a rapid germination rate and to aid in accelerated soil stabilization by helping to prevent the migration of topsoil during periods of freeze/thaw and rain events. Cover crop seeding should be conducted using a drill seeder suitable for the location's soils and capable of direct seed placement. Drill seeding should occur on the contour using a drill equipped with a double disc opener, wheel press, and depth bands to ensure proper seeding depth. Seed should be planted to the depth specified by the vendor to ensure proper germination and emergence. It is recommended that grain seed be placed 0.50 to 1.0 -inch deep. Table El. Arnold Pit No 1 recommended cover crop seed mix. Common Name Scientific Name # PLS/acre PLS/sq ft % of Mix Triticale Triticosecale 60 18 90% Nitro Radish Raphanussativus 3.5 2.0 10% Total -- 64 20 100% Exhibit F — Reclamation Plan Map .,t. Legend Post Reclamation ContoLr Affected Land 110 Permitted Area N •!OF 0 220 440 660 880 Scale in Feet S 4800 Its intistosies, ---.��. m Y•wY .4 ...........444..... _ . .. ,�•:..,__.. ��mw[Maar sa.. x Y fic9"N'-'^i 7MnwVi r.n.. t w a. ;4:.7:1':' Y • —w.wwN C NM..iM1.wwy'. m.mwm Notes: Final reclamation contours are based off an assumption that effort will be made to return land to existing grade Duraroot LLC 810 Brickyard Cr #4 Golden. CO 80401 Arnolds Custom Seeding 4626 WCR 65 Keenesburg, CO 80643 Title: Final Reclamation Contours Project: Arnolds Pit No. - Location: Weld County, Colorado Project No: 40195.00 Date 5/24/2019 Figure: Figure F-1 Exhibit G — Water Information Impact to Surface and Groundwater The operation of the proposed topsoil mine is not anticipated to have any effects to surface or groundwater systems. The nearest surface water feature is Lowline Canal located approximately 1,000 feet to the north (Figure C- 4, Exhibit C). No surface water feature is present on the Affected Land. An Approved Jurisdictional Determination has been received from the United States Army Corps of Engineers (USACE), Omaha District, stating "a Department of the Army permit will not be required for the discharge of fill material on this site under section 404." However, the USACE has requested that approximately one acre of depressed area be removed from the southeast corner of the permit area. These changes are reflected in figures presented in Exhibit C. A copy of the letter is provided as an attachment to this Exhibit. The Affected Land is bound by a 4 to 6 -inch berm and is anticipated to prevent discharge form the site. There are four groundwater wells located within the 200 -foot buffer zone of the affected area. Review of the well permits indicate that the wells are constructed within alluvium of the Lost Creek Basin. Based on an aquifer recharge and storage study prepared for the Lost Creek Ground Water Management District (CGS, 2011), groundwater is located within the Pleistocene Gravel and Alluvium at a depth of approximately 50 feet below ground surface. As the maximum depth of impact within the Affected Land will be less than 2 feet below ground surface, groundwater will not be impacted. Operational dewatering will not be undertaken. During preparation of the 110 Permit application, Colorado Division of Water Resources indicated no impact to groundwater resource (letter appended to this Exhibit). Estimated Water Usage and Sources Currently, no water is anticipated to be utilized during the topsoil mining efforts. Primary dust control will be through increasing soil surface roughness in areas not actively being mined for topsoil and in areas that have been mined. Water may be used infrequently for dust control duringminingactivities. Waterwillbesourcedfrommunicipalwater sources and transported to the site by a water tanker vehicle if needed. Discharge Permit Requirements As the mining operational plan involves no water usage, no discharge will occur at the site and a NPDES discharge permit is not required. Reference CGS (2011) Lost Creek Basin Aquifer Recharge and Storage Study. Colorado Geological Survey report prepared for Lost Creek Ground Water Management District dated December 2011. DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT DENVER REGULATORY OFFICE, 9307 SOUTH WADSWORTH BOULEVARD LITTLETON, COLORADO 80128-6901 May 3, 2019 SUBJECT: Approved Jurisdictional Determination, Topsoil Mine (Arnold Pit No.1), Corps File No. NWO-2019-00515-DEN, Weld County, Colorado Mr. Ronald Spears Duraroot Environmental Consulting 4626 WCR 65 Keenesburg, Colorado 80643 Dear Mr. Spears: This letter is in response to the March 25, 2019 approved jurisdictional determination (AJD) request on behalf of Arnold's Custom Seeding, LLC for an 160 -acre project site proposed for a topsoil mine. On May 2, 2019 the project boundary was revised to approximately 159 acres. The project site is located at 40.102110N, -104.409300 °W, southeast of the WCR 16 and WCR 69 intersection, in Weld County, Colorado. The project site has been reviewed in accordance with Section 404 of the Clean Water Act (Section 404) under which the U.S. Army Corps of Engineers regulates the discharge of dredged or fill material, and any excavation activity associated with a dredge and fill project in waters of the United States. Based on the review of available information and an April 24, 2019 site visit, we have determined that the project site does not contain waters of the United States. As such, a Department of the Army permit will not be required for the discharge of fill material on this site under Section 404. At your request, an AJD has been completed for the aquatic resources within the project area. The AJD is attached to this letter. If you are not in agreement with the AJD decision, you may request an administrative appeal under regulation 33 CFR 331, by using the attached Appeal Form and Administrative Appeal Process form. The request for appeal must be received within 60 days from the date of this letter. If you would like more information on the jurisdictional appeal process, contact this office. It is not necessary to submit a Request for Appeal if you do not object to the AJD. This AJD is valid for a period of five years from the date of this letter, unless new information warrants revisions of the AJlls before the expiration date, or unless the Corps has identified, after a possible public notice and comment, that specific geographic areas with rapidly changing environmental conditions merit re -verification on a more frequent basis. -2 - If there are any additional questions or concerns, please contact Ms. Celena Cui of my office at 303-979-4120 or by email at Celena.H.Cui@usace.axmy.mil and reference Corps File No. NWO-2019-00515-DEN. Sincerely, John Urbanic Chief, Denver Regulatory Office Attachments: Approved Jurisdictional Determination (May 3, 2019) Approved Jurisdictional Determination Appeal Form Approved Jurisdictional Determination Appeal Form Instruction Sheet Permit Boundary - 160 Acres &WI= fs agarOa 2r c1 slrllial&i ai D3, LIMN, 43t3.3,;� t -A; I EigaBitits (RR 'kw Ofrianuillil N NQte'.rf. Outined permit area is for visual representatio only and may not consist of exact acreage r MIMI • 80643 A Avitillatioli Are ""'`^ -.. W., Arnolds Custom Seedng 4626 MR 65 Keenesburg CO, 80643 ink Arnold Pit No. I Aerial View Proiect Mncld Pit No. 1 - Permit Application elect No: 40195 00 _. re. Figure 2 Durarcot, LLC 4626 WCR 65 Keenesburg, CO location: Weld County, Colorado D,;,: May 1, 2019 0 50 100 30 200 0 S: ale in Feet 400 5000 DRY LAND APPROVED JURISDICTIONAL DETERMINATION FORM' U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): May 3, 2019 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Omaha District- Denver Regulatory Office, Topsoil Mine (Arnold Pit No.1), Corps File No. NWO-2019-00515-DEN C. PROJECT LOCATION AND BACKGROUND INFORMATION: State: Colorado County/parish/borough: Weld County City: Center coordinates of site (lat/long in degree decimal format): Lot. 40.102110°, Long. 104.409300° Universal Transverse Mercator: Zone 13'1; 5036.9E, 39257.7N Name of nearest waterbody: Sand Creek Name of watershed or Hydrologic Unit Code (HUC): 10190003 Pr Check if map/diagram of review area is available upon request. ✓ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): • Office (Desk) Determination. Date: May 3, 2019 +! Field Determination. Date(s): April 24, 2019 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There are no "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. SECTION III: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): F1 Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Received 25 March 2019 7i Data sheets prepared/submitted by or on behalf of the applicant/consultant. ri Office concurs with data sheets/delineation report. f Office does not concur with data sheets/delineation report. f Data sheets prepared by the Corps: • 11 S Geological Survey Hydrologic Atlas. USGS NHD data. Fl USGS 8 and 12 digit RUC maps. U.S. Geological Survey map(s). Cite scale & quad name: 1950 Photorevised 1978, Prospect Valley, Colorado 1:24000 USDA Natural Resources Conservation Service Soil Survey. Citation: National wetlands inventory map(s). Cite name: State/Local wetland inventory map(s): FEMA/FIRM maps: 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: WI Aerial (Name & Date): Google Earth 14 June 2016 or fl Other (Name & Date): Previous determination(s). File no. and date of response letter: Applicable/supporting case law: Applicable/supporting scientific literature: Other information (please specify): Figure 2: Aerial View 1 May 2019 X11'1 "in B. REQUIRED ADDITIONAL COMMENTS TO SUPPORT JD. EXPLAIN RATIONALE FOR DETERMINATION THAT THE REVIEW AREA ONLY INCLUDES DRY LAND: The project site is an agricultural field in the uplands. During the site visit, the western field was bare and the eastern field was seeded with western wheatgrass. There are no aquatic resources within the approximate 159 -acre project site. This form is for use only in recording approved JDs involving dry land. It extracts the relevant elements of the longer approved JD form in use since 2007 for aquatic areas and adds no new fields. NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS ANT) PROCESS.AND . :: . :REQUEST FOR APPEAL Applicant: Arnold's Custom Seeding, LLC File Number: NWO-2019-00515-DEN Date: May 3, 2019 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D PRE NARY JURISDICTIONAL DETERMINATION appeal cif the *iv :: al.. " tlotto x . .. . SEC li •1• The follov irrg identifies your rig hts'and options regarding an administrat •v decision '.Additional tnforination"may:be foundf0thidfin'borps regulations at -33. CFR Part 331: or ttp ns e Y rrl• 1aiefnslCivilWiarksL.RegulatotyProgradPeiritii Xecter 1 ' A: INITIAL PROFFERED PERMIT: You may accept or object to the perruit. ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your sigmature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Cotps distiict fit finale]. instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD. Administrative Appeal Process for Approved Jurisdictional Determinations Approved JD valid14 _ for 5 years. Yes District makes new approved JD. k Yes To continue with appeal process, appellant must revise RFA. See Appendix D. District Issues aIII pproved Jurisdiclional Determination (JD) to applicant/landowner with NAP. Does applicant/landowner accept approved JD? ApplicantAandowner provides new information? No Applicant decides to appeal approved JD. Applicant submits RFA to division engineer within 60 days of date of NAP. No Yes Corps reviews RFA end notifies appellant within 30 days of receipt. Division engineer or designee remands derision to district, with specific Instructions, for teconsideraticn; appeal process completed. Appendix C Optional JD Appeals Meeting and/or site investigation. RO reviews record and the division engineer (or designee) renders a decision on the merits of the appeal within 90 days of receipt of an acceptable RFA. Yes Ices the appeal have merit? No District's decision is upheld; appeal process completed. f..... COLORADO Division of Water Resources Department of Natural Resources 1313 Sherman St., Room 821 Denver, CO 80203 RECEIVED r/0CT 0 4 2016 DIVISION OF RECLAMATION !MlNGAADSAFE Y Response to Construction Materials Reclamation Permit Application Consideration To: Peter Hays, Division of Reclamation, Mining and Safety From: Neelha Mudigonda, Division of Water Resources Date: October 4, 2016 t. Re: File No. M-2016-022 Mine Name: Arnold Pit No. 1 Operator: Arnold Custom Seeding, LLC Section 35, Township 2 N, Range 63 W, 6th P.M., County: Weld CONDITIONS FOR APPROVAL The proposed operation does not anticipate exposing groundwater. Therefore, exposure of ground water must not occur during or after mining operations. • The applicant has not identified any proposed use of water at the permit site. If water will be used for any purpose at this site, the applicant will need to document that the water was obtained from a legal source that allows such industrial use. ❑ The proposed operation will expose and consume ground water by: O evaporation, ❑ dust control, Dreclamation, O water removed in the mined product, O processing, O other: Prior to exposure of and initiation of these uses of ground water, the applicant will need to obtain either a gravel pit or other type of well permit, as applicable. However, prior to obtaining a permit, an approved replacement plan is required. ❑ The applicant has indicated plans to use other water for _ purposes at the permit site. The source of other water for this use is proposed to be obtained from _ The applicant will need to document that the water was obtained from a legal source that allows such industrial use. COMMENTS: If the Cropland post -mining land is used to irrigate in the future, all well permits must be submitted to the Division of Water Resources. 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 (rte ., :„ '" jc John W. Hickenlooper, Governor l Robert Randall, Executive Director l Dick Wolfe, State Engineer *\.•-• t 4.j -,4*)' I ,\;:!...,_"•,_,..;,-).!, t, 1&76 ," 1 Exhibit H — Wildlife Information The proponent has submitted letters to Colorado Parks and Wildlife (CPW) and the United States Fish and Wildlife Service for concurrence of our findings that no apparent impacts to state or federally threatened and endangered species would occur due to mining operations on the subject property. Copies of the letters and responses have been provided as attachments to this Exhibit. Based on wildlife information reviewed for the preparation of the attached letter, the following findings were made: • No significant wildlife resources are anticipated to exist within the proposed mine area. • Seasonal use of the area includes farming activities producing crops between spring and fall. During the winter the site remains fallow. Wildlife may utilize the area for access to other sites. However, the site contains no forage or cover for long-term use. • No threatened and endangered state or federal wildlife species are anticipated to occur. • The subject property and adjacent land consist of cropland. As such, there is a lack of habitat for listed Threatened and Endangered Species on the Affected Lands. • Existing land use and the proposed mine may affect both small and big game due to land use, potential for collision with automobiles, and temporary activity and noise from the infrequent operation of heavy equipment. • There are no anticipated permanent loss of food or habitat because of the proposed mine operations. • Temporary impacts to small mammals and birds (e.g. field mice, rabbits, crow) could affect raptors during high activity levels but are not anticipated to have significant effects. The project proponent understands that the application may be reviewed and commented on by CPW and that additional information may be required. Copies of correspondence with CPW is provided as an attachment to this Exhibit. U.S. Postal Service's CERTIFIED MAIL® RECEIPT Domestic Mall Only •o #� Ggrim acipiiipt n s_ QGn sts u _ $0.00 • I a Orbited Mai Rasa as Navvy $ - • s o G Ai Sgnan f R.guk.a .O Watts* Ratticied Delvery s o .Po$7.35 res v for deb , t. -My znfo m:lisp, visit our webnite at wsn v: usps.corrr'' DEPk"' Fq212C 1 L USE Sad Mail $3.50 stage and Fees $12.45 ('268 06 03g2/2019 l4 loL f At' LIT 4/8/2019 USPS.com® - USPS Tracking® Results USPS Tracking® FAQs > (https://www.usps.com/fags/uspstracking-faqs.htm) Track Another Package -I- Tracking Number: 70182290000125505117 Remove X Your item was delivered to the front desk, reception area, or mail room at 11:48 am on March 25, 2019 in DENVER, CO 80228. Delivered March 25, 2019 at 11:48 am Delivered, Front Desk/Reception/Mail Room DENVER, CO 80228 Get Updates \/ m m cu a 0 CD 0 Text & Email Updates V Return Receipt Electronic Tracking History March 25, 2019, 11:48 am Delivered, Front Desk/Reception/Mail Room DENVER, CO 80228 Your item was delivered to the front desk, reception area, or mail room at 11:48 am on March 25, 2019 in DENVER, CO 80228. March 23, 2019, 10:35 am Delivery Attempted - No Access to Delivery Location DENVER, CO 80228 https://tools.usps.cornigo/TrackeonfirmAction?tRet=fullpage&tic=2&text28777=MLabels=70182290000125505117%2C 1/3 March 22, 2019 Ms, Sara Backsen United States Fish and Wildlife Service 134 Union Boulevard, Suite 650 Lakewood, CO 80228 RE: Topsoil Mine (Arnold Pit No. 1) - Exhibit H — Wildlife Information Dear Ms. Backsen, At the request of Arnold's Custom Seeding, LLC, Duraroot, LLC (Duraroot) has been retained to assist in preparing supporting documentation for a State of Colorado, Division of Reclamation, Mining, and Safety: Construction Materials Regular (112) Operation permit. Site Description The proposed mining area is in the NW quarter section of Section 35, Township 2 North, and Range 63 West. The location is in southeast Weld County. Nearest intersection is CR 69 and CR 16. From the point of the intersection drive East approximately 1360 feet to the entrance of the Arnold Pit No. 1. The entrance access is on the south side of CR 16. The total area to be mined will be roughly 160 acres. The current existing land use of the area is cropland. Upon completion of mining, reclamation of the disturbed area will take place putting it back into cropland production. Threatened and Endangered Species Prior to conducting the field assessment, Duraroot accessed the United States Fish and Wildlife Service's Information for Planning and Consultation (IPaC) to determine the threatened and endangered species potentially impacted by the mine operations for Weld County. The following species were identified: Mammals Preble's Meadow Jumping Mouse (Zapus hudsonius preblei) Birds Least Tern (Sterna antillarum) Mexican Spotted Owl (Strix occidentalis lucida) Piping Plover (Charadrius melodus) Whooping Crane (Grus Americana) Fish Pallid Sturgeon (Scaphirhynchus albus) Plants Colorado Butterfly Plant (Gaura neomexicana var. coloradensis) WWW.DURAROOT.COM I OFFICE: 720.772.1228 I INFO@DURAROOT.COM Ute Ladies' Tresses (Spiranthes diluvialis) Western Prairie Fringed Orchid (Platanthera praerlara) Field investigation Biologists from Duraroot visited the project area on March 18, 201, to investigate the possible presence of listed species and confirmed the lack of suitable habitat for listed species given the onsite and adjacent land use. Accordingly, we conclude that the proposed topsoil mine will have no effect on any of the listed species due to lack of habitat. Closing Please provide comments on any possible issues that might emerge with respect to threatened or endangered species or other resources from the construction of the proposed mine. We request concurrence with our determination. Please provide any comments regarding associated laws or any information relevant to this project at the current time. We thank you in advance for your timely response and cooperation. Please feel free to contact us with any questions that you may have concerning the extent of site disturbance associated with this project. Should you have any questions or concerns, please do not hesitate to contact the undersigned at (720) 346-4301 or rspears@duraroot.com. Best Regards, Ronald E. Spears Senior Biological Scientist — DURAROOT, LLC Attachments: Location Maps, Site Photographs WWW.OURAROOT.COM I OFFICE: 720.772.1228 I INFO@DURAROOT.COM Exhibit 1: Location Maps WWW.DURiR0O1.COM I OFFICE: 720.7721228 E INFO@DURABOOT.COM N �— CFO T COLLINS PUEBLO N71E5 Data is for loca£ron reference only. The data presented may not he suitable for other purposes or uses. Duraroot, LLC 4626 WCR 65 Keenesbtug, CO 80643 Oriariarsaric Arnokis Custom Sec'd ng 4626 WCR 65 Keenseburg, CO 80643 itaittainsotis [VALLEY` Project Location Arnold Pit No 1. - Permit Application 40195.00 LOCATIQra Weld County. Colorado ()AI f - MARCH 18 2018 Figure 1 Legend Permit Boundary - 160 Acres Notes OuUned permit area 1s for visual reprEsentau . only and may not consist of exact acreage �� 80643 A � r Mk: Arnold Pit No. I Aerial View 't'r Arnoids Custom Seeding 4628 WCR 65 Keenesburg CO. 80843 ?fat Arnold Pit No 1 - Pertrnt Appricaron Project No 40195 00 Nuce Figure 2 Duraraot. LLC 4626 WCR 65 Keenesburg. CO 0 50 100 200 300 scab in Feet CO 500 Location Weld County. Colorado are March 18, 2019 Exhibit 2: Site Photos WWW.DURAROOT.COM I OFFICE: 720.772.1228 I INFO@DURAROOT.COM Arnold's Custom Seeding, LLC Photolog Arnold's Pit #1, Weld County, Colorado Topsoil Mine Permit Application • • S PHOTOLOG SHEET Site: Arnold Pit #1 Weld County, CO Project No: 40195.00 Date: March 2019 Photo #: 1 Photographed by: R.E. Spears Description: North view. Access Road to County Rd. 16. -1 Site: Arnold Pit #1 Weld County, CO Project No: 40195.00 Date: March 2019 Photo #: Photographed by: R.E. Spears Description: East view from Access Road. Ai Hold's Custom Seeding, LLC Photolog Arnold's Pit #1, Weld County, Colorado Topsoil Mine Permit Application .Arnold's Custom Seeding, LLC Photolog Arnold's Pit #1, Weld County, Colorado Topsoil Mine Permit Application PUOTOLOG SHEET Site: Arnold Pit #1 eld County. CO Project No: 40195.00 Date: March 2019 Photo #: 5 Photographed by: R.E. Spears Description: South view along County Road 69 4 itt Site: Arnold Pit \Veld County. CO Project No: 40195.00 Date: March 2019 Photo #: 6 Photographed by: R.E. Spears Description: Land use — Row Crop. COLORADO Parks and Wildlife Department of Natural F sources Area 2 - Lon Hagler State Wildlife Area 4207 W CR 16E Loveland, 'CO 8537 P 970-472-4461 I F 970-472-4468 April 19, 2019 Ronald Spears, Duraroot, LLC 4626 County Road 65 Keenesburg, CO 80643 rspears@duraroot.com Re: Topsoil Mine (Arnold Pit No. 1)- Exhibit H - Wildlife Information Dear Mr. Spears, We have received your request for comment on the Arnold Pit No. 1 mining pit located in the NW quarter section of Section 35, Township 2 North, and Range 63 West in southeastern Weld County. The mission of Colorado Parks and Wildlife (CPW) is to perpetuate the wildlife resources of the state, to provide a quality state parks system, and to provide enjoyable and sustainable outdoor recreation opportunities that educate and inspire current and future generations to serve as active stewards of Colorado's natural resources. Our goat in responding to land use proposals such as this is to provide complete, consistent, and timely information to alt entities who request comment on matters within our statutory authority. Colorado Parks and Wildlife has performed a site visit and assessed the impacts of this project to any threatened and endangered wildlife and to other wildlife in the area. The assessment of the site found that the property is bare ground cropland with little to no habitat for wildlife. In addition, there was no wildlife observed on the property. Therefore we concur with your assessment that there is no impact to any threatened or endangered wildlife species. Colorado Parks and Wildlife does recommend that during and after the mining process that all noxious weeds be controlled to prevent the spread of weeds to neighboring properties and impacting other areas where wildlife habitat can be found. Mining equipment should be cleaned prior to arrival and departure to and from the property to help prevent the spread of noxious weeds. If you have any questions or concerns, please contact District Wildlife Manager Chris Mettenbrink at (303) 906-1979. Thank you, Kristin cannon Area Wildlife Manager Cc M. Leslie, T. Kroening, C. Mettenbrink Jeffrey M. Ver Steeg, Acting Director, Colorado Parks and Wildlife • Parks and Wildlife Commission: Taishya Adams • Robert W. Bray • Charles Garda • Marie Haskett Carrie Besnette Hauser • John Howard, Chair • Marvin McDaniel • Luke Schafer • Eden Vardy • James Vigil, Secretary • Michelle Zimmerman, Vice•Chair h2t5 0SS2 7000 0622 9'tOL 4/8/2019 USPS.com® - USPS Tracking® Results USPS Tracking® FAQs > (https://www.usps.com/fags/uspstracking-faqs.htm) Track Another Package + Tracking Number: 70182290000125505124 On Time Expected Delivery on SATURDAY 23 by MARCH 2019 8:OOpm ee Delivered March 23, 2019 at 9:30 am Delivered, Individual Picked Up at Postal Facility DENVER, CO 80216 Get Updates \/ Remove X -n m rn 0_ cr n Text & Email Updates Return Receipt Electronic Tracking History March 23, 2019, 9:30 am Delivered, Individual Picked Up at Postal Facility DENVER, CO 80216 Your item was picked up at a postal facility at 9:30 am on March 23, 2019 in DENVER, CO 80216. https://tools.usps.com/go/TrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=70182290000125505124%2C 1/3 March 22, 2019 Colorado Parks and Wildlife Northeast Region Office 6060 Broadway Denver, Colorado 80216 RE: Topsoil Mine (Arnold Pit No. 1) - Exhibit H — Wildlife Information To Whom it May Concern, At the request of Arnold's Custom S.ee≥rling, LLC, Duraroot, LLC (Duraroot) has been retained to assist in preparing supporting documentation for a State of Colorado, Division of Reclamation, Mining, and Safety: Construction Materials Regular (112) Operation permit. Site Description The proposed mining area is in the NW quarter section of Section 35, Township 2 North, and Range 63 West. The location is in southeast Weld County. Nearest intersection is CR 69 and CR 16. From the point of the intersection drive East approximately 1360 feet to the entrance of the Arnold Pit No. 1. The entrance access is on the south side of CR 16. The total area to be mined will be roughly 160 acres. The current existing land use of the area is cropland. Upon completion of mining, reclamation of the disturbed area will take place putting it back into cropland production. Threatened and Endangered Species Prior to conducting the field assessment, Duraroot accessed Colorado Parks and Wildlife's (CPW) list of state threatened, state endangered, and state species of concern. We also accessed the United States Fish and Wildlife Service's Information for Planning and Consultation (IPaC) to determine the threatened and endangered species potentially impacted by the mine operations for Weld County. The following federally listed species were identified: Mammals Preble's Meadow Jumping Mouse (Zapus hudsonius preblei) Birds Least Tern (Sterna antillarum) Mexican Spotted Owl (Strix occidentalis lucida) Piping Plover (Charadrius melodus) Whooping Crane (Gros Americana) Fish Pallid Sturgeon (Scaphirhynchus a/bus) Plants A .COM I OFFICE: 720.772.1228 IIIIFQ@DURAROOT.COM Colorado Butterfly Plant (Gaura neomexicana var. coloradensis) Ute Ladies' Tresses (Spiranthes dlluvlalis) Western Prairie Fringed Orchid (Platanthera praeclara) Field investigation Biologists from Duraroot visited the project area on March 18, 2019, to investigate the possible presence of listed species and confirmed the lack of suitable habitat given the onsite and adjacent land use. Accordingly, we conclude that the proposed topsoil mine will have no effect on any of the listed species due to lack of habitat. Closing Please provide comments on any possible issues that might emerge with respect to threatened or endangered species or other resources from the construction of the proposed mine. We request concurrence with our determination. Please provide any comments regarding associated laws or any information relevant to this project at the current time. We thank you in advance for your timely response and cooperation. Please feel free to contact us with any questions that you may have concerning the extent of site disturbance associated with this project. Should you have any questions or concerns, please do not hesitate to contact the undersigned at (720) 346-4301 or rspears@duraroot.com. Best Regards, Ronald E. Spears Senior Biological Scientist — DURAROOT, LLC Attachments: Location Maps, Site Photographs WWW.DURRROOT.C.ONI I OFFICE: 720.772.1228 I JNFO@DURAROOT.COM Exhibit 1: Location Maps WWW.DUIIAHOOT.COM I OFFICE: 720.772.1228 I INFO@DUUAHOOT.COM to E N A NOT F:≥ Data is for location reference only. The data presented may not be suitable for other purposes or use; Quraroot, LLC 4626 WCR 65 Keenesburg.CO 80643 cSwit Arnolds Custom Seeding 4626 WCR 65 Keenseburg, CO 80643 Project Location Puto.cc* Arnold Pit No 1. - Permit Application tOC ATION Weld County. Colorado OWL( C.rtK) 40195.00 DATE MARCH 18,201 Figure 1 Legend .•.e• —..-.-- ... ns•.• .. > _..NMrT•Mri,..wMaAV�f'. ♦ .• :sift.,-Yr isistm I it Permit Boundary - 160 Acres }�.+,�11eof MA �: r�{a{'. rA r l s. iS r 'i� ya . *u O%. I I�0%, lAti-�. •`tir`•c3:I�, il%j? l a {3 mule/ r� A !dotes Outineu permit area is tar visualrepresentet,,u1 only and may not canslst of exact acreage �' 80641 ,, , +!.A/+ 7, ,tkArnold Pit No. 1 Aerial ViewI Real Arnoic Pit No Pert,..: :: •1 ,.,,uon . •.n 4;2195 CC csrxo Figure 2 Osuaraot. LLC 4626 WCR 65 Keenesburg. CO Amotds Custom Seeding 4626 WCR 65 Keenesburg CC 50643 0 5C 10c 20C 300 Scab m Fast 400 500 Location Weld County. Colorado Ca March 18. 2019 Exhibit 2: Site Photos WWW.OURAROOT.COM I OFFICE: 720.772.1228 1 IAFO@OURAROOT.COM Arnold's Custom Seeding, LLC Photolog Arnold's Pit #1, Weld County, Colorado Topsoil Mine Permit Application Arnold's Custom Seeding, LLC Photolog Arnold's Pit #1, Weld County, Colorado Topsoil Mine Permit Application LRa11 .•..w - V 1. �a•r•Jl.tfr[ Wlwr �1pr 1 �r y; p•Ei w _ �` i.. ^�''�, • { •t+�,� yw� f; �. "Mw • Rv.;, �� K �, `•if p o y. ... 'c ... x .. ' tF•R ^1if � ►_. :: ",r."rf �.4Y`kg9.,''" ?em &cK Y.:"l.f'ti'�'; 2tt� �Y_•:._ .dk.-Y�� 36: ,. } 'R Arnold's Custom Seeding, LLC Photolog Arnold's Pit #1, Weld County, Colorado Topsoil Mine Permit Application • PHOTOLOG SHEET Site: Arnold Pit Weld County, CO Project No: 40195.00 Date: March 2019 Photo #: 5 Photographed by: R.E. Spears Description: South view along County Road 69 Site: Arnold Pit #1 Weld County, CO Project No: 40195.00 Date: March 2019 Photo #: 6 Photographed by: R.E. Spears Description: Land use - Row Crop. Exhibit I — Soils Information Soils within the affected lands are mapped primarily as the Colby (Fine -silty, mixed, superactive, calcareous, mesic Aridic Ustorthents) and Weld (Fine, smectitic, mesic Aridic Argiustolls) soil series. The Colby and Weld soil series comprises approximately 65% and 35% of the soils within the prepared location, respectively. The Colby soil series is predominantly along the western border of the location and within the northeast and southeast quadrants of section 35. The Weld soil series is primarily located within the central portions of the northwest and southwest quadrants of section 35. A desktop review of NRCS soil survey was used to describe location soils on the proposed Arnold Pit No 1 and is appended to this Exhibit. Site specific soils were not sampled and analyzed to establish current soil physiochemical properties. Surface horizon depths range from 0 to 9 inches across the location. The depth of the soil profile extends to a maximum depth of 80 inches below the ground surface. Soils within the location are very deep, well drained with 0 to 3 percent slopes. According to the NRCS, surface soils have silt loam soil textures with a granular soil structure. A noticeable increase in clay content may be found in the Weld soil series at a depth of 5.0 to 10 inches. Soils have low lime content (<5%) in the surface horizon. Lime content increases (>5%) at the 7.0 -inch depth in the Colby series and at the 28 -inch depth of the Weld series. Soil chemical properties of the location soils indicate soil pH is neutral to moderately alkaline. Soil electrical conductivity and SAR are below 1 percent. According to the USDA-NRSC soils are neither saline, nor sodic. NRCS soil survey data was reviewed to assess chemical and physical soil properties that may limit reclamation success. A summary of the chemical and physical soil properties is as follows: • pH: Soil pH of the proposed location ranges from 7.0 to 7.9. Soil pH is suitable for reclamation. • Salinity: Soil electrical conductivity (EC) of the proposed location soils is approximately 0.1 dS/m. Soil salinity is suitable for reclamation. • Sodicity: Soil sodium adsorption ratio (SAR) of the proposed salvage material is approximately 0. Soil sodicity is suitable for reclamation_ • Texture: The proposed location soil has a silt loam soil texture. Soil texture is suitable for reclamation success. • Percent Lime: Lime content of the proposed soil material is ranges from 0 to 3 percent. Lime content increases at 7.0 inches to approximately 10 percent. Elevated lime content may limit phosphorous availability. • Coarse Fragments: Coarse fragments (coarse gravels - 20 to 76 mm diameter) compose 5.0 percent or less of the proposed location soils. Coarse fragment content is suitable for reclamation. USDA United States Department of Agriculture N RCS Natural Resources Conservation Service A product of the National Cooperative Soil Survey. a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local participants Custom Soil Resource Report for Weld County, Colorado, Southern Part April 10 2019 Preface Soil surveys contain information that affects land use planning in survey areas. They highlight soil limitations that affect various land uses and provide information about the properties of the soils in the survey areas. Soil surveys are designed for many different users, including farmers, ranchers, foresters, agronomists, urban planners, community officials, engineers, developers, builders, and home buyers. Also, conservationists, teachers, students, and specialists in recreation, waste disposal, and pollution control can use the surveys to help them understand, protect, or enhance the environment. Various land use regulations of Federal, State, and local governments may impose special restrictions on land use or land treatment. Soil surveys identify soil properties that are used in making various land use or land treatment decisions. The information is intended to help the land users identify and reduce the effects of soil limitations on various land uses. The landowner or user is responsible for identifying and complying with existing laws and regulations. Although soil survey information can be used for general farm, local, and wider area planning, onsite investigation is needed to supplement this information in some cases. Examples include soil quality assessments (http;//www.nres.usda.govlwps/ portal/nres/main/soils/healthlj and certain conservation and engineering applications. For more detailed information, contact your local USDA Service Center (https://offices.se.egov.usda.govilocator/app?agency=nrcs) or your NRCS State Soil Scientist (http://www.nrcs.usda.gov/vvps/portal/nrcsidetailisoils/contactusr? cid=nres142p2 053951). Great differences in soil properties can occur within short distances. Some soils are seasonally wet or subject to flooding. Some are too unstable to be used as a foundation for buildings or roads. Clayey or wet soils are poorly suited to use as septic tank absorption fields. A high water table makes a soil poorly suited to basements or underground installations. The National Cooperative Soil Survey is a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local agencies. The Natural Resources Conservation Service (NRCS) has leadership for the Federal part of the National Cooperative Soil Survey. Information about soils is updated periodically. Updated information is available through the NRCS Web Soil Survey, the site for official soil survey information. The U S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require 2 alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. 3 Contents Preface 2 How Soil Surveys Are Made 5 Soil Map 8 Soil Map 9 Legend 10 Map Unit Legend 11 Map Unit Descriptions 11 Weld County, Colorado, Southern Part 13 14 —Colby loam, 0 to 1 percent slopes 13 15 —Colby loam, 1 to 3 percent slopes 14 25—Haverson loam, 0 to 1 percent slopes 15 78 —Weld loam, 0 to 1 percent slopes 16 References 19 4 How Soil Surveys Are Made Soil surveys are made to provide information about the soils and miscellaneous areas in a specific area. They include a description of the soils and miscellaneous areas and their location on the landscape and tables that show soil properties and limitations affecting various uses. Soil scientists observed the steepness, length, and shape of the slopes; the general pattern of drainage; the kinds of crops and native plants; and the kinds of bedrock. They observed and described many soil profiles. A soil profile is the sequence of natural layers, or horizons, in a soil. The profile extends from the surface down into the unconsolidated material in which the soil formed or from the surface down to bedrock. The unconsolidated material is devoid of roots and other living organisms and has not been changed by other biological activity. Currently, soils are mapped according to the boundaries of major land resource areas (MLRAs). MLRAs are geographically associated land resource units that share common characteristics related to physiography, geology, climate, water resources, soils, biological resources, and land uses (USDA, 2006). Soil survey areas typically consist of parts of one or more MLRA. The soils and miscellaneous areas in a survey area occur in an orderly pattern that is related to the geology, landforms, relief, climate, and natural vegetation of the area. Each kind of soil and miscellaneous area is associated with a particular kind of landform or with a segment of the landform. By observing the soils and miscellaneous areas in the survey area and relating their position to specific segments of the landform, a soil scientist develops a concept, or model, of how they were formed. Thus, during mapping, this model enables the soil scientist to predict with a considerable degree of accuracy the kind of soil or miscellaneous area at a specific location on the landscape. Commonly, individual soils on the landscape merge into one another as their characteristics gradually change. To construct an accurate soil map, however, soil scientists must determine the boundaries between the soils. They can observe only a limited number of soil profiles. Nevertheless, these observations, supplemented by an understanding of the soil -vegetation -landscape relationship, are sufficient to verify predictions of the kinds of soil in an area and to determine the boundaries. Soil scientists recorded the characteristics of the soil profiles that they studied. They noted soil color, texture, size and shape of soil aggregates, kind and amount of rock fragments, distribution of plant roots, reaction, and other features that enable them to identify soils. After describing the soils in the survey area and determining their properties, the soil scientists assigned the soils to taxonomic classes (units). Taxonomic classes are concepts. Each taxonomic class has a set of soil characteristics with precisely defined limits. The classes are used as a basis for comparison to classify soils systematically. Soil taxonomy, the system of taxonomic classification used in the United States, is based mainly on the kind and character of soil properties and the arrangement of horizons within the profile. After the soil 5 Custom Soil Resource Report scientists classified and named the soils in the survey area, they compared the individual soils with similar soils in the same taxonomic class in other areas so that they could confirm data and assemble additional data based on experience and research. The objective of soil mapping is not to delineate pure map unit components; the objective is to separate the landscape into landforms or landform segments that have similar use and management requirements. Each map unit is defined by a unique combination of soil components and/or miscellaneous areas in predictable proportions. Some components may be highly contrasting to the other components of the map unit. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The delineation of such landforms and landform segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, onsite investigation is needed to define and locate the soils and miscellaneous areas. Soil scientists make many field observations in the process of producing a soil map. The frequency of observation is dependent upon several factors, including scale of mapping, intensity of mapping, design of map units, complexity of the landscape, and experience of the soil scientist. Observations are made to test and refine the soil -landscape model and predictions and to verify the classification of the soils at specific locations. Once the soil -landscape model is refined, a significantly smaller number of measurements of individual soil properties are made and recorded. These measurements may include field measurements, such as those for color, depth to bedrock, and texture, and laboratory measurements, such as those for content of sand, silt, clay, salt, and other components. Properties of each soil typically vary from one point to another across the landscape. Observations for map unit components are aggregated to develop ranges of characteristics for the components. The aggregated values are presented. Direct measurements do not exist for every property presented for every map unit component. Values for some properties are estimated from combinations of other properties. While a soil survey is in progress, samples of some of the soils in the area generally are collected for laboratory analyses and for engineering tests. Soil scientists interpret the data from these analyses and tests as well as the field -observed characteristics and the soil properties to determine the expected behavior of the soils under different uses. Interpretations for all of the soils are field tested through observation of the soils in different uses and under different levels of management. Some interpretations are modified to fit local conditions, and some new interpretations are developed to meet local needs. Data are assembled from other sources, such as research information, production records, and field experience of specialists. For example, data on crop yields under defined levels of management are assembled from farm records and from field or plot experiments on the same kinds of soil. Predictions about soil behavior are based not only on soil properties but also on such variables as climate and biological activity. Soil conditions are predictable over long periods of time, but they are not predictable from year to year. For example, soil scientists can predict with a fairly high degree of accuracy that a given' soil will have a high water table within certain depths in most years, but they cannot predict that a high water table will always be at a specific level in the soil on a specific date. After soil scientists located and identified the significant natural bodies of soil in the survey area, they drew the boundaries of these bodies on aerial photographs and 6 Custom Soil Resource Report identified each as a specific map unit. Aerial photographs show trees, buildings, fields, roads, and rivers, all of which help in locating boundaries accurately. 7 Soil Map The soil map section includes the soil map for the defined area of interest, a list of soil map units on the map and extent of each map unit, and cartographic symbols displayed on the map. Also presented are various metadata about data used to produce the map, and a description of each soil map unit. 8 4e° 61O N 5 3�..'' N A strop 549900 54991 Custom Soil Resource Report Soil Map I I 5O:O0 553100 Map Scale: 1:7,080 d printed on A landscape (11" x 8.5") sheet. 0 100 200 400 I I i I I I I i I KCC30t1 5=i 9505)3 550ECO 5507W 5'50W 5510X 551100 -3 Meters 43OO Feet 0 300 600 1200 1800 Map projection: Web Me-otor Corner oxorcinaaes: WGSB4 Edge tic.: LIT i Zone 1311/41 WGS$4 b p. 9 4Cr C 10" ra 40° S 36- N Custom Soil Resource Report Area at Interest (AO1) El soils El CJ fig X 0 0 A. 0 0 MAP LEGEND Area of Interest (AOl) Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Blowout Borrow Pit Clay Spot Closed Depression Gravel Pit Gravelly Spot Landfill Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip Sees Spot g Spoil Area Stony Spot ® Very Stony Spot r' Wet Spot A Other Special Line Features Water Features Streams and Canals Transportation Ky Rags ,+w Interstate Highways - US Routes Major Roads Local Roads Background Aerial Photography MAP INFORMATION The soil surveys that comprise your AO{ were mapped at 1:24,000. UHaming: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil tine placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Sod Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Weld County, Colorado, Southern Part Survey Area Data: Version 17, Sep 10, 2018 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Jul 17, 2015 —Oct 2, 2017 The orthophofo or other base map on which the soil fines were compiled and digitized probably (fifers from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. 10 Custom Soil Resource Report Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI I14 Colby loam, 0 to 1 percent slopes 109.6 62.1% 15 Colby loam, 1 to 3 percent slopes 25 Haverson loam, 0 to 1 percent slopes 5.6 1 1.8 3.2% 1.0% 178 Weld loam, 0 to 1 percent slopes 59.5 33.7%, Totals for Area of Interest 176.5 I 100.0% Map Unit Descriptions The map units delineated on the detailed soil maps in a soil survey represent the soils or miscellaneous areas in the survey area. The map unit descriptions, along with the maps, can be used to determine the composition and properties of a unit. A map unit delineation on a soil map represents an area dominated by one or more major kinds of soil or miscellaneous areas. A map unit is identified and named according to the taxonomic classification of the dominant soils. Within a taxonomic class there are precisely defined limits for the properties of the soils. On the landscape, however, the soils are natural phenomena, and they have the characteristic variability of all natural phenomena. Thus, the range of some observed properties may extend beyond the limits defined for a taxonomic class. Areas of soils of a single taxonomic class rarely, if ever, can be mapped without including areas of other taxonomic classes. Consequently, every map unit is made up of the soils or miscellaneous areas for which it is named and some minor components that belong to taxonomic classes other than those of the major soils. Most minor soils have properties similar to those of the dominant soil or soils in the map unit, and thus they do not affect use and management. These are called noncontrasting, or similar, components. They may or may not be mentioned in a particular map unit description. Other minor components, however, have properties and behavioral characteristics divergent enough to affect use or to require different management. These are called contrasting, or dissimilar, components. They generally are in small areas and could not be mapped separately because of the scale used. Some small areas of strongly contrasting soils or miscellaneous areas are identified by a special symbol on the maps. If included in the database for a given area, the contrasting minor components are identified in the map unit descriptions along with sorno characteristics of each. A few areas of minor components may not have been observed, and consequently they are not mentioned in the descriptions, especially where the pattern was so complex that it was impractical to make enough observations to identify all the soils and miscellaneous areas on the landscape. 11 Custom Soil Resource Report The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The objective of mapping is not to delineate pure taxonomic classes but rather to separate the landscape into landforms or landform segments that have similar use and management requirements. The delineation of such segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, however, onsite investigation is needed to define and locate the soils and miscellaneous areas. An identifying symbol precedes the map unit name in the map unit descriptions. Each description includes general facts about the unit and gives important soil properties and qualities Soils that have profiles that are almost alike make up a soil series. Except for differences in texture of the surface layer, all the soils of a series have major horizons that are similar in composition, thickness, and arrangement. Soils of one series can differ in texture of the surface layer, slope, stoniness, salinity, degree of erosion, and other characteristics that affect their use. On the basis of such differences, a soil series is divided into soil phases. Most of the areas shown on the detailed soil maps are phases of soil series. The name of a soil phase commonly indicates a feature that affects use or management. For example, Alpha silt loam, 0 to 2 percent slopes, is a phase of the Alpha series. Some map units are made up of two or more major soils or miscellaneous areas. These map units are complexes, associations, or undifferentiated groups. A complex consists of two or more soils or miscellaneous areas in such an intricate pattern or in such small areas that they cannot be shown separately on the maps. The pattern and proportion of the soils or miscellaneous areas are somewhat similar in all areas. Alpha -Beta complex, 0 to 6 percent slopes, is an example. An association is made up of two or more geographically associated soils or miscellaneous areas that are shown as one unit on the maps. Because of present or anticipated uses of the map units in the survey area, it was not considered practical or necessary to map the soils or miscellaneous areas separately. The pattern and relative proportion of the soils or miscellaneous areas are somewhat similar. Alpha -Beta association, 0 to 2 percent slopes, is an example. An undifferentiated group is made up of two or more soils or miscellaneous areas that could be mapped individually but are mapped as one unit because similar interpretations can be made for use and management. The pattern and proportion of the soils or miscellaneous areas in a mapped area are not uniform. An area can be made up of only one of the major soils or miscellaneous areas, or it can be made up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example. Some surveys include miscellaneous areas. Such areas have little or no soil material and support little or no vegetation. Rock outcrop is an example. 12 Custom Soil Resource Report Weld County, Colorado, Southern Part 14 —Colby loam, 0 to 1 percent slopes Map Unit Setting National map unE symbol: 361 p Elevation: 4,850 to 5,050 feet Mean annual precipitation: 12 to 16 inches Mean annual air temperature: 48 to 50 degrees F Frost -free period: 135 to 155 days Farmland classification: Prime farmland if irrigated Map Unit Composition Colby and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Colby Setting Down -slope shape: Linear Across -slope shape: Linear Parent material: Calcareous eolian deposits Typical profile H9 - 0 to 7 inches: loam H2 - 7 to 60 inches: silt loam Properties and qualities Slope: 0 to 1 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 2.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 15 percent Available water storage in profile: High (about 10.6 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 4c Hydrologic Soil Group: B Ecological site: Loamy Plains (R067BY002CO) Hydric soil rating: No Minor Components Wiley Percent of map unit: 6 percent Hydric soil rang: No Keith Percent of map unit: 5 percent 13 Custom Soil Resource Report Hydric soil rating: No Weld Percent of map unit: 4 percent Hydric soil rating: No 15 —Colby loam, 1 bo 3 percent slopes Map Unit Setting National map unit symbol: 361q Elevation: 4,850 to 5,050 feet Mean annual precipitation: 12 to 16 inches Mean annual air temperature: 48 to 50 degrees F Frost -free period. 135 to 155 days Farmland classification: Prime farmland if irrigated Map Unit Composition Colby and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Colby Setting Down -slope shape: Linear Across -slope shape: Linear Parent material: Calcareous eolian deposits Typical profile H1 - 0 to 7 inches: loam H2 - 7 to 60 irrhes: silt loam Properties and qualities Slope: 1 to 3 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 2.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 15 percent Available water storage in profile: High (about 10.6 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonimgated): 4e Hydrologic Soil Group: B Ecological site: Loamy Plains (R067BY002CO) Hydric soil ratrv: No 14 Custom Soil Resource Report Minor Components Wiley Percent of map unit: 9 percent Hydric soil rating: No Keith Percent of map unit: 6 percent Hydric soil rating: No 25—Haverson loam, 0 to 1 percent slopes Map Unit Setting National map unit symbol: 3622 Elevation: 4,500 to 4,800 feet Mean annual precipitation: 12 to 17 inches Mean annual air temperature: 46 to 54 degrees F Frost -free period: 125 to 180 days Farmland classification: Prime farmland if irrigated Map Unit Composition Haverson and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Haverson Setting Landform: Flood plains, stream terraces Down -slope shape: Linear Across slope shape: Linear Parent material: Stratified, calcareous alluvium Typical profile Hi - 0 to 4 inches: loam H2 - 4 to 60 inches: stratified loamy sand to loam to clay loam Properties and qualities Slope: 0 to 1 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.60 to 2.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 15 percent Gypsum, maximum in profile: 1 percent 15 Custom Soil Resource Report Salinity, maximum in profile: Nonsaline to moderately saline (0.0 to 8.0 mmhos/cm) Available water storage in profile: High (about 9.6 inches) Interpretive groups Land capability classification (irrigated): 3w Hydrologic Soil Group: B Ecological site: Loamy Plains (R067BY002CO) Hydric soil rating: No Minor Components Vona Percent of map unit: 8 percent Hydric soil rating: No Fluvaquentic haplustolls Percent of map unit: 4 percent Landform: Terraces Hydric soil rating: Yes Other soils Percent of map unit: 3 percent Hydric soil rating: No 78 —Weld loam, 0 to 1 percent slopes Map Unit Setting National map unit symbol: 2x0hy Elevation: 3,600 to 5,750 feet Mean annual precipitation: 12 to 17 inches Mean annual air temperature. 46 to 54 degrees F Frost -free period: 115 to 155 days Farmland classification: Prime farmland if irrigated Map Unit Composition Weld and similar soils: 80 percent Minor components: 20 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Weld Setting Landform: Interfluves Landform position (two-dimensional): Summit Landform position (three dimensional): Interfluve Down -slope shape: Linear Across -slope shape: Linear Parent material: Calcareous loess Typical profile Ap - 0 to 8 inches: loam 16 Custom Soil Resource Report Bit - 8 to 12 inches: clay Bt2 - 12 to 15 inches: clay loam Btk - 15 to 28 inches: loam Bk - 28 to 60 inches: silt loam C - 60 to 80 inches: silt loam Properties and qualities Slope: 0 to 1 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately low to moderately high (0.06 to 0.20 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 14 percent Salinity, maximum in profile: Nonsaline to very slightly saline (0.1 to 2.0 mmhos/cm) Sodium adsorption ratio, maximum in profile: 5.0 Available water storage in profile: High (about 11.3 inches) Interpretive groups Land capability classification (irrigated): 2c Land capability classification (nonirrigated): 3c Hydrologic Soil Group: C Ecological site: Loamy Plains (R067BY002CO) Hydric soil rating: No Minor Components Colby Percent of map unit: 8 percent Landform: Hilislopes Landform position (two-dimensional): Backslope Landform position (three-dimensional): Side slope Down -slope shape. Cutrvex Across -slope shape: Convex Ecological site: Loamy Plains (R067BY002CO) Hydric soil rating: No Wiley Percent of map unit: 7 percent Landform: I nterfluves Landform position (two-dimensional): Shoulder Landform position (three-dimensional): Side slope Down -slope shape: Convex Across -slope shape: Convex Ecological site: Loamy Plains (R067BY002CO) Hydric soil rating: No Keith Percent of map unit: 3 percent Landfonn: I nterf luves Landform position (two-dimensional): Summit Landformn position (three-dimensional): interfiuve Down -slope shape: Linear 17 Custom Soil Resource Report Across -slope shape: Linear Ecological site: Loamy Plains (R067BY002CO) Hydric soil rating: No Baca Percent of map unit: 2 percent Landform: interfluves Landform position (two-dimensional): Summit, shoulder Landform position (three-dimensional): Interfluve Down -slope shape: Linear, convex Across -slope shape: Linear, convex Ecological site: Loamy Plains (R067BY002CO) Hydric soil rating: No 18 References American Association of State Highway and Transportation Officials (AASHT0). 2004. Standard specifications for transportation materials and methods of sampling and testing. 24th edition. American Society for Testing and Materials (ASTM). 2005. Standard classification of soils for engineering purposes. ASTM Standard D2487-00. Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of wetlands and deep -water habitats of the United States. U.S. Fish and Wildlife Service FWS/OBS-79/31. Federal Register. July 13, 1994. Changes in hydric soils of the United States. Federal Register. September 18, 2002. Hydric soils of the United States. Hurt, G.W., and L.M. Vasilas, editors. Version 6.0, 2006. Field indicators of hydric soils in the United States. National Research Council. 1995. Wetlands: Characteristics and boundaries. Soil Survey Division Staff. 1993. Soil survey manual. Soil Conservation Service: U.S. Department of Agriculture Handbook 18. http://www.nrcs,usda.gov/wps/portal/ nres/detail/national/soils/?cid=nres142p2_054262 Soil Survey Staff. 1999. Soil taxonomy: A basic system of soil classification for making and interpreting soil surveys. 2nd edition. Natural Resources Conservation Service, U.S. Department of Agriculture Handbook 436. http:// www. nres. usda.gov/wpsfportalInres/detail/national/soils/?cid=nres142p2_053577 Soil Survey Staff. 2010. Keys to soil taxonomy. 11th edition. U.S. Department of Agriculture, Natural Resources Conservation Service. http:// www. nres. usda.gov/wps/portal/nres/detail/national/soilsi?cid=nres142p2053580 Tiner, R.W., Jr. 1985. Wetlands of Delaware. U.S. Fish and Wildlife Service and Delaware Department of Natural Resources and Environmental Control, Wetlands Section. United States Army Corps of Engineers, Environmental Laboratory. 1987. Corps of Engineers wetlands delineation manual. Waterways Experiment Station Technical Report Y-87-1. United States Department of Agriculture, Natural Resources Conservation Service. National forestry manual. http://www.nrcs.usda.gov/wps/portal/nrcs/detail/soils/ hoineOcici— trt s142p2_053374 United States Department of Agriculture, Natural Resources Conservation Service. National range and pasture handbook. http://www.nrcs.usdagov/wps/portal/nrcsi detaiwnational/landuse/rangepasture/?cid=stelprdb 1043084 19 Custom Soil Resource Report United States Department of Agriculture, Natural Resources Conservation Service. National soil survey handbook, title 430 -VI. http://www.nres.usda.gov/wpsiportal/ nres/detail/soils/scientists/?cid=nres142p2 054242 United States Department of Agriculture, Natural Resources Conservation Service. 2006. Land resource regions and major land resource areas of the United States, the Caribbean, and the Pacific Basin. U.S. Department of Agriculture Handbook 296. http://www.nres.usda.gov/wps/portallnres/detail/national/soils/? cid=nrcs142p2_053624 United States Department of Agriculture, Soil Conservation Service. 1961. Land capability classification. U.S. Department of Agriculture Handbook 210. http:// www.nrcs.usda.gov/Intemet/FSE_DOCUMENTS/nrcs142p2_052290.pdf 20 Exhibit J — Vegetation Present Vegetation The Affected Land will occupy approximately 160 acres of an existing agricultural/crop field. The location is devoid of vegetation as it is routinely tilled and prepared for crop production. The site does contain sporadic mound forming grass species such as western wheat grass (Pascopyrum small). Vegetation cover for the site is less than 0.10 acre for the entire site. No trees or shrubs were identified during the site walk. Typical surface vegetation conditions are shown in Figure C-4, Exhibit C and in Exhibit G. Relationship to Soils There is no specific relationship of vegetation to the soils of the site due to cropping land use. Production Following construction, the land will be returned to productive cropland as described in Exhibit E. Relationship to Topography The Affected Land has a slope of <3% and is thus suited for cropping land use. Existing topography is shown in Figure C-4, Exhibit C. Exhibit K — Climate The climate of the site is local steppe climate with hot summers and mild, cold winters. The area receives most of its rainfall between April and September with the highest average rainfall in May. The temperatures average between 17 degrees Fahrenheit (°F) in the winter and to 89°F in the summer. Although normally mild, extreme weather is possible and has been the cause of below freezing temperatures in the winter, over 100 °F days in summer and less commonly, tornadoes. Climate in this area would allow for year-round mining operation. Exhibit L— Reclamation Costs Reclamation costs were assembled using the Standard Reclamation Cost Estimator (SRCE) version 1.4.1. The bond amount is $318,901.00. A breakdown of the reclamation costs is attached to this Exhibit. Closure Cost Estimate Cost Summary Project Name: Arnold Pit No.1 Project Date: 4/1212019 Model Version: Version 1.4.1 File Name: SRCEVersion_1 4_1 O17_MinePermit.xlsm ) Eartltworli/Recdnta'u"r7n9: 4iSM:.,a :.. ` .«:,. ..,;;,::.,, Labor.tR:::..EquigrnejiiO cr=Mate dais a:;' ,Total lfgasits Exploration SD 50 SO 50 Exploration Roads & Drill Pads 50 S0 50 50 Roads 50 50 50 50 Well Abandonment 50 50 50 50 Pits 50 SO NrA SO Ouanies& Borrow Areas 554.406 5143,516 $5 5197,90E Underground Openings SO 50 SO $0 Process Ponds SO 50 50 SO Heaps $0 50 50 S0 Waste Rock Dumps SO SO So SO Landfills 50 SO 50 50 Tailings SO 50 SO SO Foundation& Euddinos Areas 50 SO 50 5O Yards. Etc. 50 50 SC 5O Drainage& Sediment Control SO SO SO 50 Generic Material Hauling SO 50 5O 40 Other User Costs (front Other user sheet) 50 SO SO 50 Other' I SO Subtotal $54,455 5142,516 50 $157,500 Mob/Demob if included In Other User sheet SO 50 SO SO MohiDemob € S0 Subtotal"A" $54,466 $143,516 $0 $197,962 .e , . ..a .. B;:Revegeta4lon15tabilizatton.,. O.`.,- „v ;;w �.�;,; � ..:,: :tabor'i�...:Equipment�� `� ,.FNaterials x Total .r' - Ekploration SO 50 501 50 Exploration Roads & Dr01 Fads SO 55 50 50 Roads 50 SD 50 SO Wei Abandonment WA Pits 50 50 SO 50 quarries &BonovrAreas 515,000 55,700 56,750 - 627,950 Underground Openings NIA Process Ponds SO 55 S0 SO Heaps SO SD 50 50 Waste Rock Dumps 50 55 55 00 Landfills 50 50 50 SO Tailings S0 50 50 SO Foundation & Buildings Areas So SO 50 50 Yards, Etc. 50 50 SO 50 Drainage &Sediment Control 50 SO 50 50 Generic Material Hauling 50 $0 SO 5O Other User Casts (from Other User sheet) SO SO 50 50 Other" I.. . . .. 5O Subtotal "II" $15,000 $5,700 $6,750 $27,450 .. ..., ...wk ,� f .. G:'I]etbzifica`�ion�Vl[titer,TreafinettitlDlspasai`afWastea,. ..:.�... ,r .(1 Lalron:...l . :::Equitsment��i�; tp.- .,, r;ft�iateriais . s, r �s.t�� 11:ataltam; Process Ponds/Sludge • • 59 Heaps .. - . . .. 50 Dumps (Waste & Landfill) ... .. .. .. SO Tai0nes - - 50 Surplus Water Disposal 50 Monitoring .. .. . - SO Miscellaneous 50 Solid Waste -On Site 50 S0 14/5 SO Solid Waste -05Site 50 Hazardous Materials SO Hydrocarbon Contaminated Soils S0 SO 55 SO Other User Costs (from Other User sheet) SO SO SO 50 Other I subtotal"c" So So So $o ,y, ...,,,,:...,.._.�- _.—.,_....-.- :, -,.._ ; ...-. ..:.:�-._.._.:.,,,w.. . ......:.:.<.V�-�;_ D, ,$fructu_re; Egwpmenf and.Facility Ftemov_a1 andMtsc: c.-• S1 r yr,:�•c.,�>xF_, 1 :x;,, , . t 7 , v Labor:-� � ;s�x�.��-n•.:-_.K<=`. 2zt: (1,, Equipment-� _ - Ivlaterlals_ -l:. vc;-.c ;; z _._g ti � .,.�Toiab,� Via_ Foundation & Bulldogs Areas 50 50 50 SO Other Demolition 50 50 50 SO Equipment Removal 50 SO SO 50 Fence Removal SO 55 SO Fence Installation 50 50 SO 50 Culvert Removal 50 50 NIA SO Pipe Removal S0 SO N/A S0 Powedine Removal SO SO Transformer Removal 5O SO Rip -tap, rock lining, gabions 90 50 S0 50 other misc. costs 50 50 S0 50 Other User Costs (from Other User sheet) 50 50 50 S9 Other- I SD Subtotal "0" 50 $0 $0 50 E"Monitoringr x : : 5? .,s„ ._ .r *titian ::Equipment:(�?"*=₹'Materials. 4!r;vs Renamagan Mantle/Ennarid Maintenance SO 50 50 SO Ground and Surface Water Moniloon& . . SO SO 50 S0 Other User Costs (from Other User sheet) 59 SO 50 SO Subtotal"E" $0 SO $0 SO EXCOngruetionManageitientAlSuppoit , zr., ._.. T.. 3 Labor 1 ,._Egiiipmeitt4} z .':Materials Tata1..; `.Z.4* Construction Management 50k Sit fi1A SO (:ansxlpletlon t @014 Read Maintenance I10 00 p 50 'y0 50 30 SO Other User Costs (from Other User sheet) 50 SD 50 S0 Other- i .... .. .... ... .. .:.. .. .. .:. .. SO Subtotal"F" $0 $0 $0 $0 Selototal0p.erationalAMendenenceCostis,' .,,... : "tar: , ti. EquiptnenM ,MateiSalli _:x:. NT:6601 ew: Subtotal A through F $69,466 $149,216 $6,750 $225,402 " Other Operator supplied costs - additional documentation required_ 4/122079 a.axcxx.•xra Pagel or 2 4/172019 Closure Cost Estimate Cost Summary Project Name: Arnold Pit No. 1 Project Date: 4/1212019 Model Version: Version 1.4.1 File Name: SRCE Version_1 4 1_017 MinePermit.xlsm IndirectCosts>; ,. ,,eE':..� ` at '1 F r < rr r .'... . .... ... ..s*. „..__ ,•+r ., ..,>. ... .. ..v:.'d ..,... ..., �.. .,." .:. .. �... ":,. fl q,.M �_..hmlude7 "z ,, .3.�':?rOtal< '$ 1. Engineering, Design and Construction (ED&C) Plan t7) - asinst` hri r ?m - $18,035 2. Contingency (8) " .' 2isilrsaa.s � 522.543 3. Insurance(9) I 01.042) .- 5`, :12u� sw1 51842 4. Performance Bond (16) `W?s,<aKra°a&: :iw^_:n 55,763 5. Contractor Profit (11) ;,ASSOirerrala:S'r3'Izi 522543 6 -Contract Administration (12) ika?tM:'.a%%NSI2 522.543 7. Government Indirect Cost (13) N/A Subtotal Add -On Costs $13,469 Total Indirect Costs as % nt Direct Cast 41% GRAND TOTAL $318,901 Administrative:C.ost,Rates,(%): .-.5 c_ _: w _w ':TP5LINw `'x .„,._._ '.- t..4' r ; `• .0 __ `" CoatRanges tor;fndlract CosttPercersta es _' E . , . . . 91. ate_' _ 4 . 1. Engineering, Design and Construction (EDBCI Plan (7) 51,000,000 525.000.000 025,000,000 small Plan Variable Rate 8% 6% 4% 0% ` 2. Contingency (8) - 5500.000 55.000.000 550,000.000 550.000,000 Small Plan Variable Rate 10% 8% 6% 4% 0% 3. Insurance (9) 1.5°% of labor costs 4, Bond (10) 3,0% of the O5% costs if O&M costs are .5100800 5. Contractor Profit (11) 10% of the O&M costs Ce r_ a 6. Contract Administration (12) 51.000.000 525.000.000 325.000.00 Variable Rate 10% 8% 6% Government ledirectCost 113) 21% of contact administration RECLAMATION COST ESTIMATIONSUMMAR? SHEET FOOTNOTES 1. Federal construction contacts require Davis -Bacon wage rates for contracts over 52,000. Wage rate estimates may include base pay, payroll loading. Z. The reclamation cost estimate must include tie estimated plugging cost of at least one drill hole for each active drill rig in the project area. Where the submitted 3, Miscellaneous items should be itemized on accompanying worksheets. 4. Raid management should be calculated only when mineral processing activities are involved. Fluid management represents the costs of maintaining proper 5. Handing of hazardous materials includes the cost of decontaminating. neutralizing, disposing, treating endlor Isolating all hazardous materials used, produced, 6. My mitigation measures required in the Plan of Operations must be included In the reclamation cost estimate. Mitigation may Include measures to avoid, 7. Engineering, design and construction (6O8O) plans are often necessary to provide details on the reclamation needed to contract for the required work. To 8. A contingency costis included in the reclamation cost estimation to cover unforeseen cost elements. Calculate the contingency cost as a percentage of the 9. Insurance premiums are calculated a11,5% of the total labor costs. Enter the premium amount if 5abiihly Insurance is not included in the Itemized unit costs. 10. Federal construction contracts exceeding 5100,000 require both a performance and a payment band (Miller Act, 40 USC 27001 seq.). Each bond premium is 11, For Federal construction contracts, use 10% of estimated O&M cost for the contractors profit 12. To estimate the contract administration cost. use 61010% of the operational and maintenance (O&M) cost. Calculate the contract administration cost asa 13. Government indirect cost rate Is 21% of the contract edminislra9an costs. 4/12120:9 SALEWurer eneend Page2of2 442/2019 Exhibit M — Other Permits and Licenses The following agencies have been contacted regarding applicable permits: • Colorado State Historical Preservation Office have indicated that they will provide guidance following filing of the Permit Application. • The Colorado Division of Water Resources have not been contacted regarding water rights as no water will be used for operations. • As for the existing 110 Permit, the operation has no potential to discharge stormwater, and no Stormwater Discharge Permit is required from CDPHE. • U.S. Bureau of Land Management and U.S. Forest Service have not been contacted as the Affected Lands are entirely on private lands. • A Jurisdictional Determination has been requested from the U.S. Army Corps of Engineers (Exhibit G). • A Use by Special Review may be required by Weld County Planning and Zoning. A Pre - Application Review has been completed and is attached to this exhibit. • A Weld County Public Works Department Access Permit is in place (attached). • An Air Pollution Emission Notice (APEN) has been submitted and is attached to this exhibit. WELD COUNTY ACCESS PERMIT Weld County Public Works Dept. 1111 H Street P.O. Box 758 Greeley, CO 80632 C®PY Phone: (970) 304-6496 After Hours: (970) 356-4000 Emergency Services: (970) 304-6500 x 2700 Inspection: (970) 304-6480 Permit Number: AP16-00226 Issuance of this permit binds applicant and its contractors to all requirements, provisions, and ordinances of Weld County, Colorado. Project Name: Res. upgrade to Industrial Applicant Information: Name: Darren Dever Company: Arnold's Custom Seeding LLC Phone: 970-324-5123 Email: ddever@acsseeding.com Location: Access is on WCR: Nearest Intersection WCR: Distance From Intersection: Number of Existing Accesses: Planning Process: 16 16 1350 6 Road Surface Type & Construction Information: Road Surface: Asphalt Culvert Size & Type: Start Date: Finish Date: Materials to Construct Access: roadbase/gravel & WCR: 69 15" CMP/RCP min. if req. Expiration date: Property Owner Information: Name: Richard Huwa Company: Richard Huwa Phone: Email: 970-381-3257 Proposed Use: Temporary: Single Residential: Industrial: Small Commercial: Oil & Gas: Large Commercial: Subdivision: Field (Agricultural Only)/Exempt: Required Attached Documents Submitted: Traffic Control Plan: Yes Certificate of Insurance: Yes Access Pictures: Yes A copy of this permit must be on site at all times during construction hours Daily work hours are Monday through Friday DAYLIGHT to %n HOUR BEFORE DARK (applies to weekends if approved) Approved MUTCD traffic control/warning devices are required before work begins and must remain until completion of work Special Requirements or Comments Parcel 130335000003. Utilize existing upgraded access point on CR 16 (1 -Industrial) located approx. 1350 ft. East of CR 69. Note: CR 16 is a Collector roadway with a 60 ft. setback from centerline. Digitally signed by Mogan Gabbert Ok mdtagan Gabbal. 0, cu. ematl•tngabbenywcMgl»<am. c•U5 Dam 2016D5]7 11:4136-06 O' Weld County Public Works Date: 5/31/2016 Print Date -Time: 5/31/2016 11:42:26AM Access Permit PW008 Page 1 of 1 PRE APPLICATION REVIEW REQUEST • The first meeting with the County's Development Review Team is a Pre -Application review meeting. Anyone with a development idea can schedule a Pre -Application review meeting to get feedback on their idea. Pre - Application meetings are free and are meant to assist property owners and applicants in understanding what is required during development review. • At the Pre -Application meeting, staff from various departments will provide comments on the development proposal. Based on the input from the meeting the applicant can then decide if t-iey would like to move forward with a formal Land Use application. • Submit the Pre -Application Review Request form, questionnaire, and map to the Planning Department. The application can be emailed to Tom Parko (tparko@weldgov.com); mailed/dropped off at the Planning Department: 1555 N. 17th Ave, Greeley, CO, 80631; or faxed to 970-304-6498 • The Pre -Application will be assigned to a planner and a planner will contact you and set up a date and time for the Pre -Application meeting. Pre -Application reviews are typically held Thursdays and Fridays of any given week at the Planning Department offices at the address at the bottom of this form. • The week following the Pre -Application meeting, the applicant will receive meeting minutes summarizing the requirements that are specific to the project discussed during the meeting. The comments from the meeting minutes assist you in preparing the detailed components of your formal Land Use application. OFFICE USE ONLY Case Number: Planner: Contact Information: Date and time of meeting: Name Ronald Spears Phone 720-346-4301 Fax Email rspears@duraroot.com Address 4626 CR 65, Keenesburg, CO 80643 Project Description Topsoil extraction expansion from 10 acres to 160 acres total. Property Information: Section -Township -Range Section 35, Township 2 North, and Range 63 West Zone District 1 3N Parcel Number 130335000003 Acreage 160 Site Address 34216 County Road 16, Keenesburg CO 80643 Water Source None Legal Description Northwest quarter of Section 35, Township 2 North, and Range 63 West Sewer\Septic Portable Toilets Owner Name Patricia and Richard Huwa Is this property currently in violation? {jNo Yes Case Number Preferred date and time for meeting (Thursday or Friday): Thursday (a.m.) a.m. or p.m. • View the Weld County Code https://www.weldgov.com/ • View the Weld County Property Portal https://www.co.weld.co.us/maps/propertyportal/ • View other Weld County Planning Cases - E -permit center https://accela-aca.co.weld.co.us/citizenaccess/ 9/2018 1 Weld County Department of Planning Services I Development Review 1555 N. 17th Avenue, Greeley. CO 80631 I Ph: 970-4006100 I Fax: 970-304-6498 https://www.weldgov.com/departmentsiplanning_and_zoning PRE APPLICATION REVIEW REQUEST QUESTIONNAIRE: Answer the following questions on a separate sheet. If a question does not pertain to your use, please respond with "not applicable". Planning Questions: Planner on Call 970-400-6100 1. Explain in detail, the proposed use of the property. 2. What are the hours and days of operation? (e.g. Monday thru Friday 8:00 a.m. to 5:00 p.m.) 3. List the number of full-time and/or part-time employees proposed to work at this site. 4. If shift work is proposed include the number of employees per shift. 5. List the number of people who will use this site. Include contractors, truck drivers, customers, volunteers, etc. 6. If this is a dairy, livestock confinement operation, kennel, etc., list the number and type of animals. 7. Describe the type of lot surface and the square footage of each type. (e.g. asphalt, gravel, landscaping, dirt, grass, buildings) 8. Is this site in a Regional Urbanizing Area (RUA)? Public Works Questions: 970-304-6496 1. Describe how many roundtrips/day are expected for each vehicle type: Passenger Cars/Pickups, Tandem Trucks, Semi-Truck/Trailer/RV (Roundtrip = 1 trip in and 1 trip out of site) 2. Describe the expected travel routes for site traffic. 3. Describe the travel distribution along the routes (e.g. 50% of traffic will come from the north, 20% from the south, 30% from the east, etc.) 4. Describe the time of day that you expect the highest traffic volumes from above. 5. Describe where the access to the site is planned. 6. Describe the plans or containment for the stormwater runoff. Environmental Health Questions: 970-304-6415 1. What is the drinking water source on the property? If utilizing a drinking water well include the well permit number. 2. What type of sewage disposal system is on the property? If utilizing an existing septic system provide the septic permit number. 3. If storage or warehousing is proposed, what type of items will be stored? Building Questions: 970-400-6100 1. List the type, size (square footage), and number of existing and proposed structures. 2. Explain how the existing structures will be used for this USR. 3. List the proposed use(s) of each structure. MAP: Show and label the following items: 1. Existing and proposed structures, sizes and uses 2. Existing and proposed parking with dimensions 3. Nearest public roads 4. Proposed and existing access points 5. Property boundary Development Review Staff are available to assist applicants through this process. For questions, please visit us or call The Department of Planning Services at (970) 400-6100. 9/2018 2 eki County Department of Planning Services I Development Review 1555 N. 17" Avenue, Greeley, CO 80631 I Ph: 970-400-6100 I Fax: 970-304-6498 https://vwwv.weldgov.com/departments/planning_and__zoning Planning Questions: 970-400-6100 1. Explain in detail, the proposed use of the property. The property will be used to remove 310,000 tons of topsoil. The top four inches of top soil will be stripped and piled for reclamation using a CAT D6 dozer. The remaining eight inches of top soil will be stripped and piled using a CAT D6 dozer and frontend loader. It will then be loaded into trucks using a frontend loader and hauled offsite. The total disturbance depth will not exceed 24 inches. Following disturance, the property will be reclaimed and restored to it's current use as cropland. 2. What are the hours and days of operation? (e.g. Monday thru Friday 8:00 a.m. to 5:00 p.m.) Monday through Friday, 7am to 5pm 3. List the number of full-time and/or part-time employees proposed to work at this site. Three full time employees will be onsite at a given time. Seventeen total employees will be utilized for this operation. One operator for the scraper, one operator for the loader, and 15 semi -truck drivers for hauling. 4. If shift work is proposed include the number of employees per shift. N/A 5. List the number of people who will use this site. Include contractors, truck drivers, customers, volunteers, etc. The site will be used by the following: • 1 operator for the scraper; • 1 operator for the loader; and • 15 Semi -truck drivers (at various times throughout the day). 6. If this is a dairy, livestock confinement operation, kennel, etc., list the number and type of animals. N/A 7. Describe the type of lot surface and the square footage of each type. (e.g. asphalt, gravel, landscaping, dirt, grass, buildings) Cropland covering approximately 6,970,000 sq ft (160 acres) 8. Is this site in a Regional Urbanizing Area (RUA)? No Public Works Questions: 970-304-6496 1. Describe how many roundtrips/day are expected for each vehicle type: Passenger Cars/Pickups, Tandem Trucks, Semi-Truck/Trailer/RV (Roundtrip =1 trip in and 1 trip out of site) One round trip per day will be expected for each of 15 semi trucks. 2. Describe the expected travel routes for site traffic. Travel from the site will occur on County Road 16 to the east for approximately 3.1 miles, County Road 63 to the north for approximately 0.3 miles and County Road 16 %z for approximately 2.0 miles. 3. Describe the travel distribution along the routes (e.g. 50% of traffic will come from the north, 20% from the south, 30% from the east, etc.) 100% of traffic will come from the East via County Roads 16 1/2, 63, and 16. 4. Describe the time of day that you expect the highest traffic volumes from above. The highest traffic volume will occur between 7am to 5pm with semi trucks hauling material offsite. 5. Describe where the access to the site is planned. Access to the site will be via CR 16 approximately 1,360 feet east of the intersection of CR 69 and CR16. The access road is on the south side of CR 16 located at 40.102110°, - 104.409300° 6. Describe the plans or containment for the stormwater runoff. An eight -inch berm will be constructed around the property to prevent run-off. Environmental Health Questions: 970-304-6415 1. What is the drinking water source on the property? If utilizing a drinking water well include the well permit number. No water source 2. What type of sewage disposal system is on the property? If utilizing an existing septic system provide the septic permit number. Portable toilets will be provided on site for all mine personnel. 3. If storage or warehousing is proposed, what type of items will be stored? N/A Building Questions: 970-400-6100 1. List the type, size (square footage), and number of existing and proposed structures. There are three outbuildings currently existing onsite and are 4,000 square feet, 1,000 square feet, and 1,000 square feet. There are no additional structures proposed for this site. 2. Explain how the existing structures will be used for this USR. Existing structures will not be used for this project. 3. List the proposed use(s) of each structure. N/A MAP Figure 1: Property Boundary, Access and Nearest Public Roads Figure 2: Existing Structures, Sizes and Uses Legend Nearest Public Roads Property Boundary )♦ Existing Access point County Road 16 Richard and Patricia Huwa Parcel ID: 130335000003 *Ong Eft D it a Outbuildings (See Figure 2) 1 e. (1 %iattea f CUESCeitilni 1g3, ANear.00.424.- Notes: N ,. Parcel data obtained from Weld County property portal hops://www.co.weld.co.us /maps/propertyportal/ "`"�� Duraroot 810 Brickyard Golden, CO 80401 ` LLC Cr #4 Title: Property Boundary, Access and - , est Public Roads Arnolds 4626 Custom Seeding WCR 65 Project: Arnolds Pit No. 1 Project J 40195.00 No: Figure: g Figure 1 Keenesburg, 80643 CO Location: Weld County, Colorado Date 5/24/2019 0 130 260 390 520 Scale in Feet Structure: Outbuilding Size: -1.000 Square Feet Use: None Structure: Outbuilding Size: -1.250 Square Feet Use: None Structure: Outbuilding Size: -500 Square Feet Use: None Structure: Outbuilding Size: 4,000 Square Feet Use: None Sosra DigitalGlobe. GeoEyenrth ar Ge US A,USG�S. AeroGRID. IGN, and th- =~ - N A Notes: Duraroot 810 Brickyard Golden. 80401 ‘40 NIKO IglEIMit ig LLC Cr CO #4 4RNOIIVR,Title aga Exisiting Structures, Sizes Uses ---411b0:744:_ri: and Arnolds Custom Seeding 4626 WCR 65 Project -Project Arnolds Pit No. 1 40195.00 No: Figure: Figure 2 Keenesburg, CO 80643 Location Weld County. Colorado Date 5/24/2019 0 z o o Scale in Feet Mining Operations APEN - Form APCD-222 Air Pollutant Emission Notice (APEN) and Application for Construction Permit All sections of this APEN and application must be completed for both new and existing facilities, including APEN updates. Incomplete APENs will be rejected and wilt require re -submittal. Your APEN will be rejected if it is filled out incorrectly, is missing information, or lacks payment for the filing fee. The re -submittal will require payment for a new filing fee. This APEN is to be used for mining operations (i.e. quarries, pits, or mines). This APEN may also be used to report haul road activities at non -mining facilities. Additional APENs may be required for process equipment located at the mine. A specialty APEN may be available for the process equipment (e.g. asphalt plant, crusher/screen, concrete batch plant, engines, etc.). In addition, the General APEN (Form APCD-200) is available if the specialty APEN options will not satisfy your reporting needs. A list of all available APEN forms can be found on the Air Pollution Control Division (APCD) website at: www.colorado.gov/cdphe/apcd. This emission notice is valid for five (5) years. Submission of a revised APEN is required 30 days prior to expiration of the five-year term, or when a reportable change is made (significant emissions increase, increase production, new equipment, change in fuel type, etc.). See Regulation No. 3, Part A, II.C. for revised APEN requirements. Permit Number: AIRS ID Number: / / [Leave blank unless APCD has already assigned a permit # and AIRS ID] Section 1 - Administrative Information Company Name: Mine/Pit Name: Arnold Pit No. 1 Mine/Pit Location: Arnolds Custom Seeding, LLC Mailing Address: 34216 County Road 16 Keenesburg CO 80643 (Include Zip Code) 4626 WCR 65 Keenesburg, CO 80643 Mine/Pit Location County: Weld NAICS or SIC Code: Contact Person: Phone Number: E -Mail Address2: rspears@duraroot.com Ron Spears 720-346-4301 1 Use the full, legal company name registered with the Colorado Secretary of State. This is the company name that will appear on all documents issued by the APCD. Any changes will require additional paperwork. 2 Permits, exemption letters, and any processing invoices will be issued by the APCD via e-mail to the address provided. Form APCD-222 - Mining Operations APEN - Revision 3/2019 COLORADO 1 "�,� r. Permit Number: AIRS ID Number: [Leave blank unless APCD has already assigned a permit # and AIRS ID) Section 2 - Requested Action O NEW permit OR newly -reported emission source -OR - ❑ MODIFICATION to existing permit (check each box below that applies) ❑ Change fuel or equipment O Change company name3 O Add point to existing permit O Change permit limit 0 Transfer of ownership4 O Other (describe below) - OR • APEN submittal for update only (Note blank APENs will not be accepted) - ADDITIONAL PERMIT ACTIONS - El APEN submittal for permit exempt/grandfathered source Additional Info £t Notes: 3 For company name change, a completed Company Name Change Certification Form (Form APCD-106) must be submitted. 4 For transfer of ownership, a completed Transfer of Ownership Certification Form (Form APCD-104) must be submitted. Section 3 - General Information General description of the activity (additionally, provide a topographic site mop): The top four inches of top soil will be salvaged for reclamation using a CAT D6 dozer and stockpiled on site. The remaining eight inches of top soil will be stripped and piled using a CAT D6 dozer and frontend loader. It will then be loaded into trucks using a frontend loader and hauled offsite via paved County Road 16. For existing sources, operation began on: For new or reconstructed sources, the projected start-up date is: August 2019 Normal Hours of Source Operation: 10 hours/day 4 days/week 52 weeks/year Seasonal use percentage: Dec -Feb: 100 Mar -May: 100 Jun -Aug: 100 Sep -Nov: 100 Commodity Produced: (check each box below that applies - as indicated on the applicable Division of Minerals and Geology Permit) O Aggregate / Sand and Gravel ❑ Stone ❑ Coal ❑ Minerals or Metals (type): O Other (describe): Form APCD-222 - Mining Operations APEN - Revision 3/2019 2 I M®COLORADO ap,.wF�emwnu Permit Number: AIRS ID Number: f f ye blank unless APCD has already assigned a permit k and AIRS ID) Section 4 - Processing/Manufacturing Information Et Material Use ❑ Check this box if APEN is for Haul Roads only (not located at a mining site) and complete the applicable sections, Section 4H - Raw Material Transport and/or Section 41 - Finished Product Transport on pages 6 and 7. Otherwise complete all of Section 4. From what year is the actual annual amount? to tiva . )J vns qu A era 123,500 5 Requested values will become permit limitations. Requested limit(s) should consider future process growth. Section 4A - Topsoil Removal Topsoil removed daily (tons) 200 Topsoil removed annual (tons) 41,600 Proposed controls for topsoil removal ❑ Moist Material Q Water Spray ❑ Other (specify) Removal Equipment used for removal N/A Stockpile(s) Maximum stored on site (tons) 41,600 Proposed controls for topsoil stockpile ❑ Watering ❑ Chemical Stabilizer ❑■ Compacting of Piles ❑ Enclosures (choose one option from below) O Complete ❑ Partial ❑ Revegetation (must occur within one year of site disturbance) O Other (specify) Section 4B - Overburden Tons removed by dragline (daily) 0 Tons removed by dragline (annual) 0 Dragline drop height (feet) Hours scraper operated (daily) Hours scraper operated (annual) 0 0 0 Proposed controls for overburden removal El Moist material ❑ Water Spray ❑ Other (specify) APCD-222 - Mining Operations APEN • Revision 3/2019 Stockpile(s) Maximum stored on site (tons) 0 Proposed controls for overburden stockpile ❑ Watering ❑ Chemical stabilizer ❑ Compacting of piles ❑ Enclosures (choose one option from below) ❑ Complete ❑ Partial ORevegetation (must occur within one year of site disturbance) ❑ Other (specify) Ay COLORADO [W3p2r§ �n,YleMmBAt. Permit Number: AIRS ID Number: [Leave blank. unless APCD has already assigned a permit # and AIRS ID] Drilling Number of holes drilled (daily) Number of holes drilled (annual) Proposed controls for drilling o Water injection ❑ Bag collectors ❑ Other (specify) Section 4C - Drilling and Blasting 0 0 Removal Material removed daily (tons) 0 Blast area (acres) Number of blasts (daily) Number of blasts (annual) Type of blasting material Blasting 0 0 0 N/A Blasting material used (daily) 0 Blasting material used (annual) 0 Section 4D - Raw Material Material removed annual (tons) 0 Maximum drop height (feet) 0 Specific moisture content (%) N/A Proposed controls for raw material removal ▪ Moist material ❑ Water spray ❑ Other (specify) Stockpile(s) Maximum stored on site (tons) 0 Proposed control for raw material stockpile ❑ Watering ▪ Chemical stabilizer o Compacting of piles ❑ Enclosures (choose one option from below) O Complete O Partial ❑ Other (specify) Section 4E - Convenors and Transfer Points (not assigned to process equipment) Include a map detailing the conveyor system layout within the site. Conveying Material conveyed daily (tons) 0 Material conveyed annual (tons) 0 Proposed controls for conveyors ❑ Enclosures (choose one option from below) O Complete 0 Partial ▪ Other (specify) Form APCD-222 - Mining Operations APEN • Revision 3/2019 Number of transfer points Transfer Points N/A Proposed controls for transfer points ▪ Watering o Chemical stabilizer Enclosures (choose one option from below) ▪ Complete O Partial ❑ Other (specify) Allow COLORADO 4 I �:a Permit Number: AIRS ID Number: [Leave blank unless APCD has already assigned a permit # and AIRS ID] Section 4F - Processing Equipment Will processing (i.e., crushing, screening, etc.) occur on site? (yes/no) No If you answered "No" above (i.e. no processing/manufacturing equipment will be located on site) check the box below and skip to page 6, Section 4G - Finished Product. 0 Check this box if no process equipment is located on site. List any additional emission sources and related controls (e.g. concrete batch plants, crushers/screens, engines, conveyors and transfer points associated with process equipment, asphalt plants, etc.). Additional APENs for any such equipment may be required. The following specialty APENs are available: Form APCD-224 Concrete Batch Plant APEN, Form APCD-221 Crusher/Screen APEN, Form APCD-233 Compression Ignition Engine APEN. If a specialty APEN is not appropriate for the additional equipment, use Form APCD-200 General APEN. Additionally, complete the section below regarding crushing and screening performed on site. Primary Crushing Maximum crushed per year (tons) Design process rate (tons/hour) Duration of daily crushing (hours) Secondary Crushing Maximum crushed per year (tons) Design process rate (tons/hour) Proposed control for crushing ❑ Moist material ❑ Water spray OEnclosures (choose one option from below) ❑ Complete ❑ Partial ❑ Other (specify) Screening/Classifying Maximum screened per year (tons) Design process rate (tons/hour) Duration of daily screening (hours) Secondary Screening/Classifying Maximum screened per year (tons) Design process rate (tons/hour) Proposed control for screening ❑ Moist material ❑ Water spray OEnclosures (choose one option from below) 0 Complete ❑ Partial ❑ Other (specify) Note: Completion of this section does not relieve the applicant from the requirement to submit APEN forms for process equipment subject to APEN or permitting requirements. Form APCD-222 - Mining Operations APEN - Revision 3/2019 5) COLORADO n=e�mnsoxwwi� fl Permit Number: AIRS ID Number: / / [Leave blank unless APCD has already assigned a permit # and AIRS ID] Section 4G - Finished Product Stockpile(s) Maximum stored on site (tons) 594 Proposed control for finished product stockpile Q Watering ▪ Chemical stabilizer ▪ Compacting of piles ▪ Enclosures (choose one option from below) O Complete ID Partial Revegetation (must occur within one year of site disturbance) ▪ Other (specify) Section 4H - Raw Material Transport (raw material removal to stockpiles) Annual on site transfer: ntons Haul Vehicle 1 Haul Vehicle 2 Haul Vehicle 3 Haul vehicle capacity: Haul vehicle empty weight: Max number of trips per day: Haul road length (avg. one way): Posted speed limit on haul road: List all air pollution controls used for the haul roads: O Paved Surface Street sweeping: O No O Unpaved Surface Watering: None Surface is graveled: O No Chemical stabilizer applied: O No mph O Yes tons tons feet • As needed Frequent6: times/day ▪ Yes Yes Type: (e.g. mag chloride, resin, etc.) 6 If "Frequent" is selected, your permit may include a requirement to water haul roads daily as often as listed in this APEN. Form APCD-222 - Mining Operations APEN - Revision 3/2019 6 I ANCOLORADO Y �:a� Permit Number: AIRS ID Number: / / PCD has already assigned a permit 11 and AIRS Iv_] Section 41 - Finished Product Transport Annual off -site transfer: 123,500 tons Haul Vehicle 1 Haul Vehicle 2 Haul Vehicle 3 Haul vehicle capacity: 22 22 22 tons Haul vehicle empty weight: 16,000 16,000 16,000 tons Max number of trips per day: 9 9 9 Haul road length (avg. one way): 2,600 2,600 2,600 feet Posted speed limit on haul road: 20 mph List all air pollution controls used for the haul roads: ❑ Paved Surface Street sweeping: ❑■ No ❑ Yes Q Unpaved Surface Watering: O None Q As needed ❑ Frequent6: times/day Surface is graveled: O No ❑ Yes Chemical stabilizer applied: ❑ No ❑ Yes Type: (e.g. mag chloride, resin, etc.) 6 If "Frequent" is selected, your permit may include a requirement to water haul roads daily as often as listed in this APEN. Section 5 - Site Information 40.102110, -104.409300 Attach a topographic site map indicating location. Total site area (acres): 160 Total disturbed site area (acres): 160 Proposed site controls ❑� Watering (choose one option from below) ❑ Frequent (2 or more times per day) ❑■ As needed ❑ Chemical stabilizer ❑ Revegetation (must occur within one year of site disturbance) ❑ Seeding with mulch ❑ Seeding without mulch ❑ Other (specify) -222 a' i i a i s APEN 7I CQLOSADO 131,24.. . oersc!w Permit Number: AIRS ID Number: Section 6 - Applicant Certification I hereby certify that all information contained herein and information submitted with this application is complete, true, and correct. Signatu, :f Legally Authorized Person (not a vendor or consultant) Date Tyr n Huwa Name (print) Director Title Check the appropriate box to request a copy of the: ❑ Draft permit prior to issuance ❑ Draft permit prior to public notice (Checking any of these boxes may result in an increased fee and/or processing time) This emission notice is valid for five (5) years. Submission of a revised APEN is required 30 days prior to expiration of the five-year term, or when a reportable change is made (significant emissions increase, increase production, new equipment, change in fuel type, etc.). See Regulation No. 3, Part A, I1.C. for revised APEN requirements. Send this form along with $191.13 to: Colorado Department of Public Health and Environment Air Pollution Control Division APCD-SS-B1 4300 Cherry Creek Drive South Denver, CO 80246-1530 Make check payable to: Colorado Department of Public Health and Environment For more information or assistance call: Small Business Assistance Program (303) 692-3175 or (303) 692-3148 APCD Main Phone Number (303) 692-3150 Or visit the APCD website at: httos://www.colorado.eov/cdphe/apcd ®Y.COIORAD3 County Road 59 County Road 20 ounty Road 18 Woodward Ave Keenesbur g 4 a a C X 2' C U County Road 10 Legend Project Location 14% GcA'rx County Road 18 County Road 16 1`2 County Road 14 County Road 61 County Road 10 ounty Road 61 County Road 63 3 0 re C v County Road 63 County Road 18 County Road 16 County Road 14 lib Ri ten, 04? County Road 65 cr County Road 10 County Road 67 County Road 20 County Road 18 County Road 67 County Road 16 County Road 1 4 County Road 67 m a a 0 CC r M C U County Road 10 County Road 1 County Road 14 County Road 10 Sources: Esri; HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community N Notes: - i Duraroot 810 Brickyard Golden, 80401 _LIMP:..,, LLC Cr #4 CO ��1»s�D .' 4.1 4. , Title Index Map Arnolds Custom Seeding 4626 WCR 65 Keenesburg. CO 80643 Project: Arnolds Pit No. 1 Project 40195.00 No: Figure: Figure 1 Location: Weld County, Colorado Date 5/29/2019 0 0.25 0 5 Scale in Miles 0.75 1 LOViiine canal 4800 4810 Legend Existing Site Contours Total Disturbed Area - 160 Acres • _ County Road 69 1 1- N 4820 N N N Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO; NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community N Notes: taw- Duraroot LLC 810 Brickyard Cr #4 Golden, CO 80401 Title: Site Topography ..tr " .. . Arnolds Custom Seeding 4626 WCR 65 Keenesburg, CO 80643 Project: Arnolds Pit No. 1 Project 40195.00 No: Figure: Weld : County, Colorado Date 5/29/2019 Figure 2 Scale in Feet Exhibit N - Source of Legal Right to Enter COPY May 11, 2016 Rick Gillan, Vice President Arnolds Custom Seeding LLC 4626 CR 65 Keenesburg, Colorado 80643 Dear Rick, I Rich Huwa am the recorded surface owner of the property located in North West 1/4 of Section 35, Township 2 North, Range 63 West of the Sixth Principal Meridian, Weld County, Colorado. Pursuant to your recent request, this is to confirm that 1, Rich Huwa, have authorized Arnolds Custom Seeding LLC to enter the subject property for the purpose of mining construction materials from an area located on the North West portion of the section, provided, that Arnolds Custom Seeding LLC applies for and obtains all necessary permits and approvals from the State of Colorado and any other agency having jurisdiction over such activity. I also authorize Arnolds Custom Seeding LLC to use the existing access road to West of the permit area. Should you require any additional statement from myself, Rich Huwa regarding Arnolds Custom Seeding LLC legal right to enter this property to mine, please contact me. Thank you. Sincerely yours, Rich Huwa ACKNOWLEDGMENT State of Colorado County of Weld Copt The letter regarding legal right to enter property to mine construction materials was acknowledged before me this U day of S J , 2016 by Rich Huwa, surface owner of property proposed to be mined. w e ex. tu'otee Notary Signature Commission Expiration MONICA POOLE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20064048340: MY COMMISSION EXPIRES FEBRUARY 27 2C, Exhibit O — Owners of Record of Affected Land and Owners of Substance to be Mined Owner of record is Patricia and Richard Huwa as shown on Figure C-1, Exhibit C. Exhibit P — Municipalities within Two Miles Prospect Valley, an unincorporated community of Weld County, is the sole municipality located within two miles of the affected land (Figure P-1). There is no general office, with the township of Keenesburg serving as the Prospect Valley postal address. l egend * Colorado Municipalities Affected Land 7. We Buffer Zone N 0 1.000 2.000 3.000 Scale in Feet Notes. Municipality data obtained from https l/www cohealthmaps dphe state.co us/arcgis/rest (services/OPEN_DA TA] cdphe_geographic_analysis boundaries/MapServer Duraroot LLC 810 Brickyard Cr #4 Golden. CO 80401 PROSPECT VALLEY Arnolds Custom Seeding 462E WCR 65 Keenesburg CO 80643 Title Municipalities within Two Miles Project Arnolds Pit No. 1 Location Weld County, Colorado Project No 40195.00 Date 4/11/2019 Figure. Figure i J Exhibit Q— Proof of Mailing of Notices t. Board of County Commissioners and Soil Conservation District rn rn rag Cl C] CD 0 c ru N U.S. Postal Services, CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our wobsite► at www0Spsranyf GF>E.E'. -" __ 6 I A Li deSedMaaFee $3`5Ci _ $ extra Sery see & Fees be-Pcark! in 4 O ptCWOCO s a_ Ili 400 0 Return Receipt*,' p cartrSad WNW Reetricted Navvy $ O Midi Signature Maned [] Adult Signature Reaz tisd DrAlvey S Postage total Postage end $7.35 rien a .65 Sent To isle; tied+ we- $►0.00 $0.00 ................ 0268 ('6 Posimwwk Hero 4/12/201 9 1. Proof of Notification Moiling to Weld County Commissioners Office r n 3 sq n n r U U U.S. Postal Service' CERTIFIED MAIL RECEIPT Domestic Mail Only For delivery information, visit our ebsito at www.usps.carrt . KE Certified Mid Fee $3.50 ,s 'Extra Sen4c-eo & Fee* rhea biz add to. ML USE Oo o Return R:er.Agpt (eiec5oricy I �}��okdir��' 13a C rt ed u Restricted Dsivery S €, N. +e DAS*Sgr„ Ra tsiD wn, $ �f�.10-- ;C $ 0 AS* Scams Rewired ores ice. Jl. Sd:.:"x sc, ,'ip+ A.!. e..1,. 0' ' p PS Form 3800, Aprtd 2 143 rati 73≥3RY£'•00tit? •.ruv*., may. < h../.v,� - -. .. Here 34/12/201 9 eqtylit 2. Proof of Notification Mailing to Southeast Weld County Conservation District ii i SENDER: COMPLETE THIS SECTION I Complete items 1, 2, and 3. r Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: W tAck C,,.�y CafrtteCi��s so ski. Gtict-tij Co iftLaS( IiIIIlI1IIiuhIIItIiii 1111111111 111111111 9590 9402 1436 5329 2274 93 COMPLETE THIS SFCTION ON DELIVERY A. S x ture ❑ Agent ❑ Addressee B. Received by (Printed Name) Marto Aragon D. Is delivery address different from item 1? O Yes If YES, enter delivery address below: O No C. Date of Delivery 2 Artir-1n Alt ember (Francfpr frnm sPrvira lahati 7018 2290 0001 2551 0333 3. Service Type Q Adult Signature Q Adult Signature Restricted Delivery Ci Certified Mail) Q Certified Mail Restricted Delivery O Collect on Delivery O Collect on Delivery Restricted Delivery it ii Restricted Delivery TurniereGrirWT O Priority Mall Express® O Registered MaWTM o Registered Mail Restricted Delivery O Return Receipt for Merchandise Signature ConfrrnationTM C} Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt April 12, 2019 Weld County Commissioners 1150 O Street Greeley, CO 80631 To Whom it May Concern: The Enclosed Notice is being sent to you because Arnolds Custom Seeding LLC, 4626 CR65, Keenesburg, CO 80643, 303-732-4021, is applying for a Construction Materials Regular (112) Operation Reclamation Permit. As a requirement for the permit acceptance, a Notice of Filing Application must be sent to the County Conservation District. Please respond with a signature on the Receipt and Proof of Filing and return to the above Arnolds address Attn: Ronald Spears (return envelope enclosed). If you have any questions, please give me a call directly at 720-346-4301 or email me at rspearsr&duraroot.com. Thank you for your time and I look forward to receiving your receipt. Sincerely, Ronald Spears Senior Biologist CERTIFIED MAIL Return Receipt Requested SENDER: COMPLETE THIS SECTION a Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: SavoiAttfri-topetei CA-otiteths fko 6me 14-4se,r5, govi3 limo uii iiii iiiiiimiii1i iii iiiii lil 9590 9402 1436 5329 2275 09 COMPLETE THIS SECTION ON DELIVERY ived by (Printed Name) ❑ Agent I El Addressee C. Date of Delivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 2. Article Number (Transfer from service label) 7018 2290 0001 2551 0240 3. Service Type C Adult Signature O Adult Signature Restricted Delivery C Certified MaWS Li Certified Mail Restricted Delivery 0 Collect on Delivery Q Collect on Delivery Restricted Delivery 4all Restricted Delivery of [? Priority Mail Express® O Registered Mail'"" O Registered Mail Restricted Delivery O Return Receipt for Merchandise O Signature Confirmation1M El Signature Confirmation Restricted Delivery PS Form 3811, July 2.015 PSN 7530-02-000-9053 Domestic Return Receipt April 1, 2019 Southeast Weld Conservation District Po Box 381 Keenesburg, Co 80643 To Whom it May Concern: The. Enclosed Notice is being sent to you because Arnolds Custom Seeding LLC, 4626 CR65, Keenesburg, CO 80643, 303-732-4021, is applying for a Construction Materials Regular (112) Operation Reclamation Permit. As a requirement for the permit acceptance, a Notice of Filing Application must be sent to the County Conservation District. Please respond with a signature on the Receipt and Proof of Filing and return to the above Arnolds address. Attn: Ronald Spears (return envelope enclosed). If you have any questions, please give me a call directly at 720-346-4301 or email me at rspears@duraroot.corn. Thank you for your time and I look forward to receiving your receipt. Sincerely, Ronald Spears Senior Biologist CERTIFIED MAIL Return Receipt Requested Exhibit R — Proof of Filing with County Clerk and Recorder Receipt and Proof of Filing Arnold Pit No. 1, Construction Material Regular (112) Operation Reclamation Permit , with the Southeast Weld CountConservation District, hereby acknowledge receipt of the following: • "Notice of Filing Application for the Colorado Mined Land Reclamation Permit" • Arnold Pit No. 1, Arnold Pit No. 1, Construction Material Regular (112) Operation Reclamation Permit Application Form Signature Dale Exhibit S — Permanent Man -Made Structures Buried utilities, overhead power lines and individually owned water wells are located within the 200 -foot buffer of the proposed boundary. Arnolds Custom Seeding has opted for option (a) under section 6.4.19 of the Code of Colorado Regulations that states: The applicant may provide a notarized agreement between the applicant and the person(s) having an interest in the structure, that the applicant is to provide compensation for any damage to the structure. Existing manmade structures within 200 ft of the mining area include: • Water wells owned by: o Mark Arnusch; o Stanley Gingerich; o Elaine and Frederick Hepner; o Keene Storage; and o Prospect Valley Farms • Buildings owned by: o Elaine and Frederick Hepner; o Stanley Gingerich; o Sarah Petty; and o Turnpike LLC. • An overhead powerline owned by Morgan County REA; • A high pressure gas line owned by Xcel Energy; • A fiber optic owned by Century Link; and • An underground waterline owned by Noble Midstream. Structure agreements have been drafted and mailed to all interested parties except for Century Link and Prospect Valley Farms. A point of contact was identified and numerous attempts to contact have been left unanswered. They are both assumed to be non responsive and a physical address for mailing cannot be obtained. Return receipts for all certified mailings have been received except for landowner Sarah Petty, Morgan County REA and Noble Midstream. Copies of correspondence and certified mail return receipts are attached to this exhibit. March 27, 2019 Mark Arnusch 33521 WCR 16 Keenesburg, CO 80643 Subject: Structure Agreement — Mine Permit Application for Arnolds Custom Seeding Dear Mark Arnusch, Duraroot, LLC, on behalf of Arnolds Custom Seeding, is converting the existing 110 Mine Permit M-2106- 022 to a 112 Mine Permit due to the expanded operation. The enclosed Notice is being sent to you because it is our understanding you own an actively permitted water well within 200 feet of Arnolds Custom Seeding's proposed mining operation known as Arnold Pit No. 1. The location of the of subject property is part of the Northwest % of the Northwest%< of Section 35, Township 2 North, Range 63 West in Weld County, Colorado. Arnolds Custom Seeding. LLC is in the process of filing a 112 Reclamation Permit Application with the Colorado Division of Reclamation, Mining and Safety. The Arnold Pit No. 1 reclamation plan is to return the area disturbance back to crop production. The water well(s) is located on the North side of County Road 16. The area to be mined is located on the South side of County Road 16. The mine boundary will be staked. There will be no reason the water well should be disturbed during the mine process. Enclosed with this letter is a "Structure Agreement" whereby Arnolds Custom Seeding LLC agrees t provide compensation for any damages to the referenced water well as the result of mining top soil from the subject property (see map attached). If the enclosed Structure Agreement is acceptable to you please complete the portion of the agreement identified as "Notary for Structure Owner" and return same to Mackenzie Fernald, Duraroot, LLC, 810 Brickyard Circle #4, Golden, Colorado 80401. If you have any questions about Arnolds Custom Seeding LLC Reclamation Permit Application please contact the Colorado Division of Reclamation, Mining and Safety at (303)-866-3567, or you can call me, Mackenzie Fernald at (970) 729-2421 for further information. Sincerely, Mackenzie Fernald Duraroot Environmental, LLC 4626 WCR 65 Keenesburg, CO 80643 303-732-4021 Structure Agreement This letter has been provided to you as the owner of a structure on or within two hundred (200) feet of a proposed mine site. The State of Colorado, Division of Reclamation, Mining and Safety ("Division") requires the where a mining operation will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred (200) feet of the affected land, the Applicant shall either; a. Provide a notarized agreement between the Applicant and the Person(s) having an interest in the structure, that the Applicant is to provide compensation for any damage to the structure; or b. Where such an agreement cannot be reached, the Applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or c. Where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility. (Construction Materials Rule 6.3.12 and Rule 6.4.19 & Hard Rock/Metal Mining Rule 6.3.12 and Rule 6.4.20) The Colorado Mined Land Reclamation Board ("Board") has determined that this form, if properly executed, represents an agreement that complies with Construction Materials Rule 6.3.12(a), Rule 6.4.19(a), and C.R.S. § 34-32.5-115(4)(e) and with Hard Rock/Metal Mining Rule 6.3.12(a), Rule 6.4.20(a), and C.R.S. § 34-32-115(4)(d). This form is for the sole purpose of ensuring compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to any private civil lawsuit to enforce the terms of the agreement or create any enforcement obligations in the Board or the Division. The following structures are located on or within 200 feet of the proposed affected area: Water Well 1. 2. 3. 4. 5. (Please list additional structures on a separate page) CERTIFICATION The Applicant, Arnolds Custom Seeding LLC (print applicant/company name), by Tyrun Huwa (print representative's name), as Director (print representative's title), does hereby certify that Mark Arnusch (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Arnold Pit No.1 (operation name), File Number M- 2016 022 This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this form. NOTARY FOR PERMIT APPLICANT ACKNOWLEDGED BY: Applicant Arnolds Custom Seeding LLC Date March 26, 2019 STATE OF C P lb vzi-cko COUNTY OF Lk.) U.ci ss. Representative Name Tyrun Huwa Title Director The foregoing was acknowledged before me thisaQ day ofimaye,h ,aOI'j by , L L�- 1 JYt in 41AAN as ��Q of �o1c�5 CUS Seci1 J INtart' Public My Commission Expires: JAMSIE C PEAKE Notary Public State at Colorado Notary I D4# 20144016780 Mx Commis: on Ex inn 04.18.2022 17(O0aa NOTARY FOR STRUCTURE OWNER ACKNOWLEDGED BY: Structure Owner Date STATE OF COUNTY OF )ss. Name Title The foregoing was acknowledged before me this day of , by as of My Commission Expires: Notary Public SENDER: COMPLETE THIS SECTION Its Complete items 1, 2, and 3. M Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: COMPI_ETE:THIS SECTION ON DELIVERY. Signature O Addressee 0. Received by (Printed Name) C. Date of Delivery 3352 t in:LrL tC� EC-�s�3t,2 C. us) Cflot..0�t3 IllIII] III I VIII IIII I"MBIMMMI in 011 9590 9402 4301 8190 8221 21 D. Is delivery address different from Item 1? O Yes If YES, enter delivery address below: O No 3. Service Type 0 Priority Mall Express® 0 Adult Signature 0 Registered Main. 0 Adult Signature Restricted Delivery 0 Registered Mail Restricted ilk; Certified Malta Delivery 0 Certified Mall Restricted Delivery ❑ Return Receipt for 0 Collect on Delivery Merchandise n.snre N,nnhar !Transfer from service /abet) 0 Collect on Delivery Restricted Delivery 0 Signature Confirmation' 0 Signature Confirmation 7 018 3090 0000 8148 8171 eta Restricted Delivery Restricted Delivery PS Form 3811, July 2015 PSN 7530.02-000.9053 Domestic Return Receipt March 27, 2019 Stanley Gingerich 120 W Nelson Avenue PO Box 316 Keenesburg, CO 80643 Subject: Structure Agreement — Mine Permit Application for Arnolds Custom Seeding Duraroot, LLC, on behalf of Arnolds Custom Seeding, is converting the existing 110 Mine Permit M-2106- 022 to a 112 Mine Permit due to the expanded operation. The enclosed Notice is being sent to you because it is our understanding you own an actively permitted water well and buildings within 200 feet of Arnolds Custom Seeding's proposed mining operation known as Arnold Pit No. 1. The location of the of subject property is part of the Northwest of the Northwest% of Section 35, Township 2 North, Range 63 West in Weld County, Colorado. Arnolds Custom Seeding LLC is in the process of filing a 112 Reclamation Permit Application with the Colorado Division of Reclamation, Mining and Safety. The Arnold Pit No. 1 reclamation plan is to return the area disturbance back to crop production. The water well(s) is located east of the mine boundary and between roughly 1,300 feet to 2,500 feet south of County Road 16. The area to be mined is located on the South side of County Road 16. The mine boundary will be staked. There will be no reason the water well should be disturbed during the mine process. Enclosed with this letter is a "Structure Agreement" whereby Arnolds Custom Seeding LLC agrees to provide compensation for any damages to the referenced water well as the result of mining top soil from the subject property (see map attached). If the enclosed Structure Agreement is acceptable to you please complete the portion of the agreement identified as "Notary for Structure Owner" and return same to Mackenzie Fernald, Duraroot, LLC, 810 Brickyard Circle #4, Golden, Colorado 80401. If you have any questions about Arnolds Custom Seeding LLC Reclamation Permit Application please contact the Colorado Division of Reclamation, Mining and Safety at (303)-866-3567, or you can call me, Mackenzie Fernald at (970) 729-2421 for further information. Sincerely, Mackenzie Fernald Duraroot Environmental, LLC 4626 WCR 65 Keenesburg, CO 80643 303-732-4021 Structure Agreement This letter has been provided to you as the owner of a structure on or within two hundred (200) feet of a proposed mine site. The State of Colorado, Division of Reclamation, Mining and Safety ("Division") requires the where a mining operation will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred (200) feet of the affected land, the Applicant shall either; a. Provide a notarized agreement between the Applicant and the Person(s) having an interest in the structure, that the Applicant is to provide compensation for any damage to the structure; or b. Where such an agreement cannot be reached, the Applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or c. Where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility. (Construction Materials Rule 6.3.12 and Rule 6.4.19 & Hard Rock/Metal Mining Rule 6.3.12 and Rule 6.4.20) The Colorado Mined Land Reclamation Board ("Board") has determined that this form, if properly executed, represents an agreement that complies with Construction Materials Rule 6.3.12(a), Rule 6.4.19(a), and C.R.S. § 34-32.5-115(4)(e) and with Hard Rock/Metal Mining Rule 6.3.12(a), Rule 6.4.20(a), and C.R.S. § 34-32-115(4)(d). This form is for the sole purpose of ensuring compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to any private civil lawsuit to enforce the terms of the agreement or create any enforcement obligations in the Board or the Division. The following structures are located on or within 200 feet of the proposed affected area: 1. 2. 3. 4. 5. Water Well Building(s) (Please list additional structures on a separate page) CERTIFICATION The Applicant, Arnolds Custom Seeding LLC (print applicant/company name), by Tyrun Huwa (print representative's name), as Director (print representative's title), does hereby certify that Stanley Gingerich (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Arnold Pit No. 1 (operation name), File Number M- 2016 022 This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this form. NOTARY FOR PERMIT APPLICANT ACKNOWLEDGED BY: Applicant Arnolds Custom Seeding LLC Date March 27,2019 STATE OF CO tQ ) tt __tt )ss. COUNTY OF �I CJ ) Representative Name Tyrun Huwa Title Director The foregoing was acknowledged before me this> ) day of MaVekl Ty MA V,1l as ()Unit/ of Pa'Y'tS I ri tary Public My Commission Expires: JAMSIE C PEAKE Notary Public Str's of Colorado Nctary ID4t 20144016730 M�CCmmissionn Expires 04-18-2022 NOTARY FOR STRUCTURE OWNER ACKNOWLEDGED BY: Structure Owner Name Date Title STATE OF COUNTY OF )ss. ) The foregoing was acknowledged before me this day of by as of My Commission Expires: Notary Public SENDER. COMPLETE THIS SECTION Si Complete items 1, L, and 3. Print your name and address on the reverse so that we can return the card to you. la Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: i 7,0 IA) N�r-N AVE Au fox 3 tip Iiiil11111111111111IIlIIIIIIIi 11111111111III 9590 9402 4301 8190 8221 14 • COMPLVTE TI -VS SECTION ON SELIVDRY A. Si9�tt X B. Rece"e d' by led Name) ❑ Agent © Addressee C. Date of Delivery D. Is delivery address different from Rem 1? O Yes If YES, enter delivery address below: Q No 3. Service Type O Adult Signature O Adult Signature Restricted Delivery ggedifled Mara 0 Certified Mat Restricted Delivery 0 Collect on Delivery .,...-__�__.r•.___r_.�.r,.___-,__._�_. rir ne..r...tDeuvery Restricted Delivery 7 018 3090 0000 8148 8164 18 tag Restricted Delivery I tower ssLiDi O Priority Mail Exptease O Registered Mall" O Registered Mail Restricted) Delivery 0 Return Receipt for Merchandise ❑ Signature Confirmation:. O Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt March 27, 2019 Elaine and Frederick Hepner 6846 County Road 71 Keenesburg, CO 80643 Subject: Structure Agreement — Mine Permit Application for Arnolds Custom Seeding Dear Elaine and Frederick Hepner, Duraroot, LLC, on behalf of Arnolds Custom Seeding, is converting the existing 110 Mine Permit M-2106- 022 to a 112 Mine Permit due to the expanded operation. The enclosed Notice is being sent to you because it is our understanding you own an actively permitted water well and buildings within 200 feet of Arnolds Custom Seeding's proposed mining operation known as Arnold Pit No. 1. The location of the of subject property is part of the Northwest % of the Northwest% of Section 35, Township 2 North, Range 63 West in Weld County, Colorado. Arnolds Custom Seeding LLC is in the process of filing a 112 Reclamation Permit Application with the Colorado Division of Reclamation, Mining and Safety. The Arnold Pit No. 1 reclamation plan is to return the area disturbance back to crop production. The water well(s) is located on the Northside of County Road 16 and to the Northeast of the permitted area. The area to be mined is located on the South side of County Road 16. The mine boundary will be staked. There will be no reason the water well should be disturbed during the mine process. Enclosed with this letter is a "Structure Agreement" whereby Arnolds Custom Seeding LLC agrees to provide compensation for any damages to the referenced water well as the result of mining top soil from the subject property (see map attached). If the enclosed Structure Agreement is acceptable to you please complete the portion of the agreement identified as "Notary for Structure Owner" and return same to Mackenzie Fernald, Duraroot, LLC, 810 Brickyard Circle #4, Golden, Colorado 80401. If you have any questions about Arnolds Custom Seeding LLC Reclamation Permit Application please contact the Colorado Division of Reclamation, Mining and Safety at (303)-866-3567, or you can call \ me, Mackenzie Fernald at (970) 729-2421 for further information. Sincerely, Mackenzie Fernald Duraroot Environmental, LLC 4626 WCR 65 Keenesburg, CO 80643 303-732-4021 Structure Agreement This letter has been provided to you as the owner of a structure on or within two hundred (200) feet of a proposed mine site. The State of Colorado, Division of Reclamation, Mining and Safety ("Division") requires the where a mining operation will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred (200) feet of the affected land, the Applicant shall either; a. Provide a notarized agreement between the Applicant and the Person(s) having an interest in the structure, that the Applicant is to provide compensation for any damage to the structure; or b. Where such an agreement cannot be reached, the Applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or c. Where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility. (Construction Materials Rule 6.3.12 and Rule 6.4.19 & Hard Rock/Metal Mining Rule 6.3.12 and Rule 6.4.20) The Colorado Mined Land Reclamation Board ("Board") has determined that this form, if properly executed, represents an agreement that complies with Construction Materials Rule 6.3.12(a), Rule 6.4.19(a), and C.R.S. § 34-32.5-115(4)(e) and with Hard Rock/Metal Mining Rule 6.3.12(a), Rule 6.4.20(a), and C.R.S. § 34-32-115(4)(d). This form is for the sole purpose of ensuring compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to any private civil lawsuit to enforce the terms of the agreement or create any enforcement obligations in the Board or the Division. The following structures are located on or within 200 feet of the proposed affected area: 1. Water Well Building(s) 2. 3. 4. 5. (Please list additional structures on a separate page) CERTIFICATION The Applicant, Arnolds Custom Seeding LLC (print applicant/company name), by Tyrun Huwa (print representative's name), as Director (print representative's title), does hereby certify that Elaine and Frederick Hepner (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Arnold Pit No.1 (operation name), File Number M 2016 022 This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this form. NOTARY FOR PERMIT APPLICANT ACKNOWLEDGED BY: Applicant Arnolds Custom Seeding LLC Representative Name Tyrun Huwa Date March 27, 2019 STATE OF W RW {a-- ) _+ )ss. COUNTY OF Title Director The foregoin was acknowledged before me thisal day of OJ, by ` \r/V. 1! 1 Alts as OA_ -k0-,( of A-trv%O l� S n lk6 -At" My Commission Expires: f �,. N, tary Public JAMSIE C PEAKE Notary Public State of Colorado Noiary ry ID # 201440 1 8730 M_LComniissiun Exiron D4.18-2022 NOTARY FOR STRUCTURE OWNER ACKNOWLEDGED BY: Structure Owner Name Date Title STATE OF )ss. COUNTY OF The foregoing was acknowledged before me this day of , by as of My Commission Expires: Notary Public ..r SENDER: COMPLETE Ti SECTION a Complete items 1, 2, and 3. sr Print your name and address on the reverse so that we can return the card to you. U Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: 6,aytL ea �l it 6E -NE's CPA -12 A G-) IIIllllll IIII IIIIIII IIIIIIIIIIIIIIIIIIIIIII III 9590 9402 4301 8190 8220 84 COMPLETETHISSECTION ON DELIVERY A. Signature X Etdd nt Ad dressee ssee B. Received by (Printed Name) E I& tno G�L,.LI D. Is delivery address different from item 11' El Yes If YES, enter delivery address below: `} No C. Date of Delivery • 3. Service Type O Mull Signature O Adult Signature Restricted Delivery Sit Certified Male ❑ Certified Mail Restricted Delivery O Collect on Delivery O 2. Artirla i.4 u.+tia• ^�^^^`^_ `-�'... r Delivery Restricted Delivery ❑ 7018 3090 0000 81t!8 8133 lan Restricted Delivery all Restricted Delivery lover 5500} ; PS Form 3811. July 2015 PSN 7530-02-000-9053 ❑ Priority Mall Expresse O Registered Mail," El Registered Mail Restricted Delivery O Return Receipt for Merchandise Signature CanfirmatlonT" Signature Confirmation Domestic Return Receipt gI!MUL1I March 27, 2019 Keene Storage 120 W Nelson Ave PO Box 316 Keenesburg, CO 80643 Subject: Structure Agreement — Mine Permit Application for Arnolds Custom Seeding To Whom it May Concern, Duraroot, LLC, on behalf of Arnolds Custom Seeding, is converting the existing 110 Mine Permit M-2106- 022 to a 112 Mine Permit due to the expanded operation. The enclosed Notice is being sent to you because it is our understanding Keene Storage owns an actively permitted water well 200 feet of Arnolds Custom Seeding's proposed mining operation known as Arnold Pit No. 1. The location of the of subject property is part of the NorthwestY4 of the Northwest% of Section 35, Township 2 North, Range 63 West in Weld County, Colorado. Arnolds Custom Seeding LLC is in the process of filing a 112 Reclamation Permit Application with the Colorado Division of Reclamation, Mining and Safety. The Arnold Pit No. 1 reclamation plan is to return the area disturbance back to crop production. The water well(s) is located approximately 0.5 miles south of County Road 16 and near the southeast corner of the mine boundary. The area to be mined is located on the south side of County Road 1\6. The mine boundary will be staked. There will be no reason the water well should be disturbed durin: the mine process. Enclosed with this letter is a "Structure Agreement" whereby Arnolds Custom Seeding LLC agrees to provide compensation for any damages to the referenced water well as the result of mining top soil from the subject property (see map attached). If the enclosed Structure Agreement is acceptable to you please complete the portion of the agreement identified as "Notary for Structure Owner" and return same to Mackenzie Fernald, Duraroot, LLC, 810 Brickyard Circle#4, Golden, Colorado 80401. If you have any questions about Arnolds Custom Seeding LLC Reclamation Permit Application please contact the Colorado Division of Reclamation, Mining and Safety at (303)-866-3567, or you can call me, Mackenzie Fernald at (970) 729-2421 for further information. Sincerely, Mackenzie Fernald Duraroot Environmental, LLC 4626 WCR 65 Keenesburg, CO 80643 303-732-4021 Structure Agreement This letter has been provided to you as the owner of a structure on or within two hundred (200) feet of a proposed mine site. The State of Colorado, Division of Reclamation, Mining and Safety ("Division") requires the where a mining operation will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred (200) feet of the affected land, the Applicant shall either; a. Provide a notarized agreement between the Applicant and the Person(s) having an interest in the structure, that the Applicant is to provide compensation for any damage to the structure; or b. Where such an agreement cannot be reached, the Applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or c. Where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility. (Construction Materials Rule 6.3.12 and Rule 6.4.19 & Hard Rock/Metal Mining Rule 6.3.12 and Rule 6.4.20) The Colorado Mined Land Reclamation Board ("Board") has determined that this form, if properly executed, represents an agreement that complies with Construction Materials Rule 6.3.12(a), Rule 6.4.19(a), and C.R.S. § 34-32.5-115(4)(e) and with Hard Rock/Metal Mining Rule 6.3.12(a), Rule 6.4.20(a), and C.R.S. § 34-32-115(4)(d). This form is for the sole purpose of ensuring compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to any private civil lawsuit to enforce the terms of the agreement or create any enforcement obligations in the Board or the Division. The following structures are located on or within 200 feet of the proposed affected area: Water Well 1. 2. 3. 4. 5. (Please list additional structures on a separate page) CERTIFICATION The Applicant, Arnolds Custom Seeding LLC (print applicant/company name), by Tyrun Huwa (print representative's name), as Director (print representative's title), does hereby certify that Keene Storage (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Arnold Pit No. 1 (operation name), File Number M- 2016 022 This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this form. NOTARY FOR PERMIT APPLICANT ACKNOWLEDGED BY: Applicant Arnolds Custom Seeding LLC Date March 27, 2019 STATE OF Ametia , _+ )Ss. COUNTY OFY, - ) Representative Name Tyrun Huwa Title Director The foregoing was acknowledged before me this day ofRyvvo'iCh_, byt p Vtk itC . s„A.1 as ki ttofri S A 1 "� 1rY"► ) `� My Commission Expires: Lid e- SIF C PFAKF Notary Public State of Colorado Notary ID #20144016730 MAS mmiss;on 6n ices 44.1.6-2022 NOTARY FOR STRUCTURE OWNER ACKNOWLEDGED BY: Structure Owner Name Date Title STATE OF COUNTY OF ) )ss. ) The foregoing was acknowledged before me this day of , by as of My Commission Expires: Notary Public SENDER: COMPLETE THIS SECTION x Complete items 1, 2, and 3. n Print your name and address on the reverse so that we can return the card to you. s Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: le.,c-%UAJE STDgAc IZo tA, NE So,J .Avt Po 3t,t .311.0 , Stu t -t 3 i11111111111111i1III liillllillll1I111111 Ili 1 9590 9402 4301 8190 8220 91 2. Article Number (Transfer from service !area 7018 3090 0000 8148 a PS Form 3811, July 2015 PSN 7530-02.000-9053 COMPLETE THIS SECTION N ON DELIVERY A. Signature ' / i X / O Agent fJ D Addressee B. Reo`oi c 'n - • Name) C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service type d Priority Malt Expresse E O Adult Signature 6 Registered Mani Cl Aduit Signature Restricted Delivery O Registered Mali Restricted j'LCertified Male Delivery !( ❑ Certified Mall Restricted Delivery O Return Receipt for O Collect on Delivery Merchandise O Collect an Delivery Restricted Delivery ❑ Signature CoNkmanonm l dad Cl Signature Confirmation i 140 .'tad Restricted Delivery Restricted Delivery •, l Domestic Return Receipt March 27, 2019 NYI' i i' AL CGNSIIIIMNG Sarah Petty Keenesburg, CO 80643 Subject Structure Agreement - Mine Permit Application for Arnolds Custom Seeding Duraroot, LLC, on behalf of Arnolds Custom Seeding, is converting the existing 110 Mine Permit M-2106- 022 to a 112 Mine Permit due to the expanded operation. The enclosed Notice is being sent to you because it is our understanding you own a building within 200 feet of Arnolds Custom Seeding's proposed mining operation known as Arnold Pit No. 1. The location of the of subject property is part of the Northwest% of Section 35, Township 2 North, Range 63 West in Weld County, Colorado. Arnolds Custom Seeding LLC is in the process of filing a 112 Reclamation Permit Application with the Colorado Division of Reclamation, Mining and Safety. The Arnold Pit No. 1 reclamation plan is to return the area disturbance back to crop production. The building is located near the northwest corner of the mine boundary near the intersection of County Road 16 and County Road 69. The area to be mined is located on the South side of County Road 16. The mine boundary will be staked. There will be no reason the water well should be disturbed during the mine process. Enclosed with this letter is a "Structure Agreement" whereby Arnolds Custom Seeding LLC agrees to provide compensation for any damages to the referenced building as a result of mining top soil from the subject property (see map attached). If the enclosed Structure Agreement is acceptable to yo please complete the portion of the agreement identified as "Notary for Structure Owner" and return same to Mackenzie Fernald, Duraroot, LLC, 810 Brickyard Circle #4, Golden, Colorado 80401. If you have any questions about Arnolds Custom Seeding LLC Reclamation Permit Application please contact the Colorado Division of Reclamation, Mining and Safety at (303)-866-3567, or you can call me, Mackenzie Fernald at (970) 729-2421 for further information. Sincerely, Mackenzie Fernald Duraroot Environmental, LLC 4626 WCR 65 Keenesburg, CO 80643 303-732-4021 Structure Agreement This letter has been provided to you as the owner of a structure on or within two hundred (200) feet of a proposed mine site. The State of Colorado, Division of Reclamation, Mining and Safety ("Division") requires the where a mining operation will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred (200) feet of the affected land, the Applicant shall either; a. Provide a notarized agreement between the Applicant and the Person(s) having an interest in the structure, that the Applicant is to provide compensation for any damage to the structure; or b. Where such an agreement cannot be reached, the Applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or c. Where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility. (Construction Materials Rule 6.3.12 and Rule 6.4.19 & Hard Rock/Metal Mining Rule 6.3.12 and Rule 6.4.20) The Colorado Mined Land Reclamation Board ("Board") has determined that this form, if properly executed, represents an agreement that complies with Construction Materials Rule 6.3.12(a), Rule 6.4.19(a), and C.R.S. § 34-32.5-115(4)(e) and with Hard Rock/Metal Mining Rule 6.3.12(a), Rule 6.4.20(a), and C.R.S. § 34-32-115(4)(d). This form is for the sole purpose of ensuring compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to any private civil lawsuit to enforce the terms of the agreement or create any enforcement obligations in the Board or the Division. The following structures are located on or within 200 feet of the proposed affected area: 1. Building(s) 2. 3. 4. 5. (Please list additional structures on a separate page) CERTIFICATION The Applicant, Arnolds Custom Seeding LLC (print applicant/company name), by Tyrun Huwa (print representative's name), as Director (print representative's title), does hereby certify that Sarah Petty (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Arnold Pit No. 1 (operation name), File Number M- 2016 022 This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this form. NOTARY FOR PERMIT APPLICANT ACKNOWLEDGED BY: Applicant Arnolds Custom Seeding LLC Date March 27, 2019 STATE OF ) )ss. COUNTY OF l% t- 1 ) Representative Name Tyrun Huwa Title Director The foregoing was acknowledged before me thisO day of I% V&A , of ‘r`tPY O I (AI ry OA 'Ai Wet.— asOw(«tC My Commission Expires: A �J Cry JAMSIE C PEAKE Notary Public `.3tste of Colorado Nctary 10 4 20144016730 M4Ccmrnission Expires 04-18-2022 NOTARY FOR STRUCTURE OWNER ACKNOWLEDGED BY: Structure Owner Name Date Title STATE OF COUNTY OF } )ss. } The foregoing was acknowledged before me this day of by as of My Commission Expires: Notary Public U.S. Postal Service'" CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information. visit our website at www.usps.com ". s_0tt Certified Mall Fee $ Extra : rv►cos ees Nchech box, ado In as 4PP roPnee Ream Rocapt $erdcopy) = [ Return Receipt l runt) $ Centred Mall Dewy $ ❑Adult Signature Row $ pAduft Signature Restricted Way $ �. IAL US Postago $ rr Total Postage and Fees $ «, T 040 .1*4 'aJ- C, ni Sent City irate. ,₹u3+ • 1St -Lie - St, CO TrDtp q 3 PS Form 3800, A • ii 2015 PSti 7590-02-0009041 •... See Reverse for Instructions ENYIROM IENTA . CaNSIJLTINO March 27, 2019 Turnpike LLC Keenesburg, CO 80643 Subject: Structure Agreement — Mine Permit Application for Arnolds Custom Seeding Duraroot, LLC, on behalf of Arnolds Custom Seeding, is converting the existing 110 Mine Permit M-2106- 022 to a 112 Mine Permit due to the expanded operation. The enclosed Notice is being sent to you because it is our understanding you own a building(s) within 200 feet of Arnolds Custom Seeding's proposed mining operation known as Arnold Pit No. 1. The location of the of subject property is part of the Northwest 1/4 of Section 35, Township 2 North, Range 63 West in Weld County, Colorado. Arnolds Custom Seeding LLC is in the process of filing a 112 Reclamation Permit Application with the Colorado Division of Reclamation, Mining and Safety. The Arnold Pit No. 1 reclamation plan is to return the area disturbance back to crop production. The building(s) is located near the northwest corner of the mine boundary near the intersection of County Road 16 and County Road 69. The area to be mined is located on the South side of County Road 16. The mine boundary will be staked. There will be no reason the water well should be disturbed during the mine process. Enclosed with this letter is a "Structure Agreement" whereby Arnolds Custom Seeding LLC agrees to provide compensation for any damages to the referenced building as a result of mining top soi from the subject property (see map attached). If the enclosed Structure Agreement is acceptable to you please complete the portion of the agreement identified as "Notary for Structure Owner" and return same to Mackenzie Fernald, Duraroot, LLC, 810 Brickyard Circle #4, Golden, Colorado 80401. If you have any questions about Arnolds Custom Seeding LLC Reclamation Permit Application please contact the Colorado Division of Reclamation, Mining and Safety at (303)-866-3567, or you can call me, Mackenzie Fernald at (970) 729-2421 for further information. Sincerely, Mackenzie Fernald Duraroot Environmental, LLC 4626 WCR 65 Keenesburg, CO 30643 303-732-4021 Structure Agreement This letter has been provided to you as the owner of a structure on or within two hundred (200) feet of a proposed mine site. The State of Colorado, Division of Reclamation, Mining and Safety ("Division") requires the where a mining operation will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred (200) feet of the affected land, the Applicant shall either; a. Provide a notarized agreement between the Applicant and the Person(s) having an interest in the structure, that the Applicant is to provide compensation for any damage to the structure; or b. Where such an agreement cannot be reached, the Applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or c. Where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility. (Construction Materials Rule 6.3.12 and Rule 6.4.19 & Hard Rock/Metal Mining Rule 6.3.12 and Rule 6.4.20) The Colorado Mined Land Reclamation Board ("Board") has determined that this form, if properly executed, represents an agreement that complies with Construction Materials Rule 6.3.12(a), Rule 6.4.19(a), and C.R.S. § 34-32.5-115(4)(e) and with Hard Rock/Metal Mining Rule 6.3.12(a), Rule 6.4.20(a), and C.R.S. § 34-32-115(4)(d). This form is for the sole purpose of ensuring compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to any private civil lawsuit to enforce the terms of the agreement or create any enforcement obligations in the Board or the Division. The following structures are located on or within 200 feet of the proposed affected area: 1 Building(s) 2. 3. 4. 5. (Please list additional structures on a separate page) CERTIFICATION The Applicant, Arnolds Custom Seeding LLC (print applicant/company name), by Tyrun Huwa (print representative's name), as Director (print representative's title), does hereby certify that Turnpike, LLC (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Arnold Pit No. 1 (operation name), File Number M 2016 022 This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this form. NOTARY FOR PERMIT APPLICANT ACKNOWLEDGED BY: Applicant Arnolds Custom Seeding ILC Date March 27, 2019 STATE OF Co ti) VfX(±1 ) )ss. COUNTY OF ) The foregoing was acknowledged before me this&1 day of Ty KM OraviO - as 01,i1 CW' of Representative Name Tyrun Huwa Title Director AMSIE C PEAKE Notary Public `itste of Colorado Notary ID 420144016730 M Carrnissiusi E Iles 04-10-2022 rcv.V I ,„ My Commission Expires: �\ U NOTARY FOR STRUCTURE OWNER ACKNOWLEDGED BY: Structure Owner Date STATE OF COUNTY OF )ss. Name Title The foregoing was acknowledged before me this day of , by as of My Commission Expires: Notary Public • SENDER, COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. ▪ Print your name and address on the reverse so that we can return the card to you. n Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Ti g2,N Pw-E t la G 8 D zf3 1111111111I111II1I11I ill(IIIIII IIII Ill! II II I 9590 9402 4288 8190 5072 71 COMPLETE THIS SECTION ON DELIVERY. Signature X'� 0 Agent M1 j4t2 2 Addressee i B. Received by (Prig! Name) C. Date of Delivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: ❑ No 0 Artirtlp tJr rmher (Transfer from service label) LS 3090 0000 811414 0667 3. Service Type O Adult Signature O Adult Signature Restricted Delivery 4.Certiried Mali O Certified Mal Restricted Delivery O Collect on Delivery O Collect on Delivery Restricted Delivery ❑ Insured Mail t7 insured Mail Restricted Delivery (over $500? O Priority Mail Exprsu S Cl Registered Mail*" Registered Mail Restricted Delivery Return Receipt for Merchandise O Signature ConrirmationT" D Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt March 27, 2019 Morgan County REA 17800 Co Rd 20 Fort Morgan, CO 80701 Subject: Structure Agreement —Mine Permit Application for Arnoids Custom Seeding Dear Mr. Martens, Duraroot, LLC, on behalf of Arnoids Custom Seeding, is converting the existing 110 Mine Permit M-2106- 022 to a 112 Mine Permit due to the expanded operation. The enclosed Notice is being sent to you because Morgan County REA owns the overhead power line along County Road 16 which is located within 200 feet of Arnoids Custom Seeding's proposed mining operation known as Arnold Pit No. 1. The location of the of the subject property is part of the Northwest%, of the Northwest%. of Section 35, Township 2 North, Range 63 West in Weld County, Colorado. Amolds Custom Seeding LLC is in the process of filing a 112 Reclamation Permit Application with the Colorado Division of Reclamation, Mining and Safety. The Arnold Pit No. I reclamation plan is to return the area disturbance back to crop production. Enclosed with this letter is a "Structure Agreement" whereby Arnoids Custom Seeding LLC agrees to provide compensation for any damages to the referenced water well as the result of mining top soil from the subject property (see map attached). If the enclosed Structure Agreement is acceptable' you please complete the portion of the agreement identified as "Notary for Structure Owner" an return same to Mackenzie Fernald, Duraroot, LLC, 810 Brickyard Circle #4, Golden, Colorado 80401. If you have any questions about Amolds Custom Seeding LLC Reclamation Permit Application please contact the Colorado Division of Reclamation, Mining and Safety at (303)-866-3567, or you can call me, Mackenzie Fernald at (970) 729-2421 for further information. Sincerely, Mackenzie Fernald Duraroot Environmental, LLC 4626 WCR 65 Keenesburg, CO 80643 303-732-4021 Ili Structure Agreement This letter has been provided to you as the owner of a structure on or within two hundred (200) feet of a proposed mine site. The State of Colorado, Division of Reclamation, Mining and Safety ("Division") requires the where a mining operation will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred (200) feet of the affected land, the Applicant shall either; a. Provide a notarized agreement between the Applicant and the Person(s) having an interest in the structure, that the Applicant is to provide compensation for any damage to the structure; or b. Where such an agreement cannot be reached, the Applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or c. Where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility. (Construction Materials Rule 6.3.12 and Rule 6.4.19 & Hard Rock/Metal Mining Rule 6.3.12 and Rule 6.4.20) The Colorado Mined Land Reclamation Board ("Board") has determined that this form, if properly executed, represents an agreement that complies with Construction Materials Rule 6.3.12(a), Rule 6.4.19(a), and C.R.S. § 34-32.5-115(4)(e) and with Hard Rack/Metal Mining Rule 6.3.12(a), Rule 6.4.20(a), and C.R.S. § 34-32-115(4)(d). This form is for the sole purpose of ensuring compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to any private civil lawsuit to enforce the terms of the agreement or create any enforcement obligations in the Board or the Division. The following structures are located on or within 200 feet of the proposed affected area: Overhead Power line, Morgan County REA 1. 2. 3. 4. 5. (Please list additional structures on a separate page) CERTIFICATION The Applicant, AmoIds Custom Seeding LLC (print applicant/company name), by Tyrun Huwa (print representative's name), as Director (print representative's title), does hereby certify that Overhead Power Um. MwgaiCounty AEA (structure °wrier) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet ofthe proposed affected area described within Exhibit A, of the Reclamation Permit Application for Arnold Pit No.1 (operation name), rile Number M- 2016 022 , This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this form. NOTARY FOR PERMIT APPUCANT ACKNOWLEDGED BY: Applicant Arnolds Custom Seeding LLC Representative Name Tyrun Huwa Date March 2019 Tide Director 4i STATE OF eD }ss. COUNTY OF The foregoing was acknowledged beforepethisaa day of 1X-Xklek t by V\ 4E Jam- as batttl of141'ti )t Acri— RA -4)124'— My Commission Expires: i otary Public JAMSIE C PEAKE Notary Public State of Colorado Notary ID # 20144016730 M C • omission x • 104 0448-2022 NOTARY FOR STRUCTURE OWNER ACKNOWLEDGED BY: Structure Owner N L R.E A Date 44 -s - STATE OF t p}II } )ss. COUNTY OF ) Name, 40 tk. tilika.r —41.-5 Title die t cd E :`rvita,r"""' The foregoing was acknowledged befol me this,day of KezCirttelha, as cADNII.Etlirar of NoVe41,44) Notary Pub CHERYL LEWIS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 9 20114030143 MY COMMISSION EXPIRES MAY 111,2019 My Commission Expires: bY will /REA 6-18-14 EDVYIIPE AL� March 27, 2019 Xcel Energy 1123 West 3rd Ave Denver, CO 80223 Subject: Structure Agreement — Mine Permit Application for Arnolds Custom Seeding Duraroot, LLC, on behalf of Arnolds Custom Seeding, is converting the existing 110 Mine Permit M-2106- 022 to a 112 Mine Permit due to the expanded operation. The enclosed Notice is being sent to you because Xcel Energy owns an underground High Pressure Gas Line along County Road 16 which is located within 200 feet of Arnolds Custom Seeding' s proposed mining operation known as Arnold Pit No. 1. The location of the of subject property is part of the Northwest% of the Northwest% of Section 35, Township 2 North, Range 63 West in Weld County, Colorado. Arnolds Custom Seeding LLC is in the process of filing for a 112 Reclamation Permit Application with the Colorado Division of Reclamation, Mining and Safety. The Arnold Pit No. 1 reclamation plan is to return the area disturbance back to crop production. The underground High Pressure Gas Line that Xcel Energy owns is located on the North side of County Road 16. The area to be mined is located on the South side of County Road 16. The mine boundary will be staked. The closest boundary to the High Pressure Gas line is 65 feet away. There will be no reason the High Pressure Gas Line should be disturbed during the mine process. Upon approval of the Mine Permit an 811 locate will be called in. Enclosed with this letter is a "Structure Agreement" whereby Arnolds Custom Seeding LLC agrees t provide compensation for any damages to the referenced water well as the result of mining top soil from the subject property (see map attached). If the enclosed Structure Agreement is acceptable to you please complete the portion of the agreement identified as "Notary for Structure Owner" and return same to Mackenzie Fernald, Duraroot, LLC, 810 Brickyard Circle #4, Golden, Colorado 80401. If you have any questions about Arnolds Custom Seeding LLC Reclamation Permit Application please contact the Colorado Division of Reclamation, Mining and Safety at (303)-866-3567, or you can call me, Mackenzie Fernald at (970) 729-2421 for further information. Sincerely, Mackenzie Fernald Duraroot Environmental, LLC 4626 WCR 65 Keenesburg, CO 80643 303-732-4021 Structure Agreement This letter has been provided to you as the owner of a structure on or within two hundred (200) feet of a proposed mine site. The State of Colorado, Division of Reclamation, Mining and Safety ("Division") requires the where a mining operation will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred (200) feet of the affected land, the Applicant shall either; a. Provide a notarized agreement between the Applicant and the Person(s) having an interest in the structure, that the Applicant is to provide compensation for any damage to the structure; or b. Where such an agreement cannot be reached, the Applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or c. Where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility. (Construction Materials Rule 6.3.12 and Rule 6.4.19 & Hard Rock/Metal Mining Rule 6.3.12 and Rule 6.4.20) The Colorado Mined Land Reclamation Board ("Board") has determined that this form, if properly executed, represents an agreement that complies with Construction Materials Rule 6.3.12(a), Rule 6.4.19(a), and C R.S. § 34-32.5-115(4)(e) and with Hard Rock/Metal Mining Rule 6.3.12(a), Rule 6.4.20(a), and C.R.S. § 34-32-115(4)(d). This form is for the sole purpose of ensuring compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to any private civil lawsuit to enforce the terms of the agreement or create any enforcement obligations in the Board or the Division. The following structures are located on or within 200 feet of the proposed affected area: High Pressure Gas Line, Xcel Energy 1. 2. 3. 4. 5. (Please list additional structures on a separate page) CERTIFICATION The Applicant, Arnolds Custom Seeding LLC (print applicant/company name), by Tyrun Huwa (print representative's name), as Director (print representative's title), does hereby certify that High Pressure Gas Line, Xcel Energy (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Arnold Pit No.1 (operation name), File Number M- 2016 022 This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this form. NOTARY FOR PERMIT APPLICANT ACKNOWLEDGED BY: Applicant Arnolds Custom Seeding LLC Date March 26, 2019 STATE OF Co1()O -Cia COUNTY OF WiLk_CL )ss, ) Representative Name Tyrun Huwa Title Director The foregoing was acknowledged before me thisOk day of If a.tial. , by -Ty vu v. 1-Ct t.t i 0,— as �1(Q G' of Al hA \c, �S�Ii�Y1 �U L My Commission Expires: se 13O act No#bry Public NOTARY FOR STRUCTURE OWNER ACKNOWLEDGED BY: Structure Owner Name Date Title STATE OF COUNTY OF )ss. ) The foregoing was acknowledged before me this day of by as of My Commission Expires: Notary Public t4 t SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. II Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: C.IU cat Er --(L 6(1-: 32VA.-j l�s 3 r' i (AVE Ot>vat CO c i.) Li 3 111111 III i i 9590 9402 4301 8190 8221 07 i i COMPLETE THIS SECTION ON DELIVERY A. Signature X -� ❑ Agent ❑ Addressee B. Received by (Printed Name) C. Date of Delivery D. is delivery address different from item 1? O Yes if YES, enter delivery address belom O No 3. Service Type O Adult Signature G Adult Signature Restricted Delivery V -Certified Maim o Certified Mail Restricted Delivery r " " n Delivery 2. Article Number (Transfer - 8 � �J ? �aDelivery Restricted Delivery ?ova 3D9❑E]❑DD insured Mail Restricted Delivery (over $500) ii orm 3811, July 2015 PSN 7530-02-000-9053 ❑ Priority Mail ExpressS D Registered Malin.' ❑ Registered Mail Restricted Delivery ❑ Return Receipt for Merchandise • Signature Confirmation TM ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt May 20, 2019 ENVIRONMENTAL CONSULTING Noble Midstream 2115 117th Ave Greeley CO, 80631 Subject: Structure Agreement — Mine Permit Application for Arnolds Custom Seeding Duraroot, LLC, on behalf of Arnolds Custom Seeding, is converting the existing 110 Mine Permit M-2106- 022 to a 112 Mine Permit due to the expanded operation. The enclosed Notice is being sent to you because Noble Midstream owns an underground waterline underlying the mine property in the northwestern corner. The location of the subject property is part of the Northwest% of the Northwest% of Section 35, Township 2 North, Range 63 West in Weld County, Colorado. Arnolds Custom Seeding, LLC is in the process of filing for a 112 Reclamation Permit Application with the Colorado Division of Reclamation, Mining and Safety. The Arnold Pit No. 1 reclamation plan is to return the area disturbance back to crop production. The underground waterline that Noble owns is located in the southwest corner of the mine property. The area to be mined is located over the waterline. Mining will take place within the top 12 inches of topsoil and will be staked prior to disturbance. There will be no reason the waterline should be disturbed during the mine process. Upon approval of the Mine Permit an 811 locate will be called in. Enclosed with this letter is a "Structure Agreement" whereby Arnolds Custom Seeding, LLC agrees to provide compensation for any damages to the referenced waterline as the result of mining top s it from the subject property (see map attached). If the enclosed Structure Agreement is acceptable t you please complete the portion of the agreement identified as "Notary for Structure Owner" and return same to Mackenzie Fernald, Duraroot, LLC, 810 Brickyard Circle #4, Golden, Colorado 80401. If you have any questions about Arnolds Custom Seeding LLC Reclamation Permit Application please contact the Colorado Division of Reclamation, Mining and Safety at (303)-866-3567, or you can call me, Mackenzie Fernald at (970) 729-2421 for further information. Sincerely, Mackenzie Fernald Duraroot Environmental, I.LC 4626 WCR 65 Keenesburg, CO 80643 303-732-4021 Structure Agreement This letter has been provided to you as the owner of a structure on or within two hundred (200) feet of a proposed mine site. The State of Colorado, Division of Reclamation, Mining and Safety ("Division") requires the where a mining operation will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred (200) feet of the affected land, the Applicant shall either; a. Provide a notarized agreement between the Applicant and the Person(s) having an interest in the structure, that the Applicant is to provide compensation for any damage to the structure; or b. Where such an agreement cannot be reached, the Applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or c. Where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility. (Construction Materials Rule 6.3.12 and Rule 6.4.19 & Hard Rock/Metal Mining Rule 6.3.12 and Rule 6.4.20) The Colorado Mined Land Reclamation Board ("Board") has determined that this form, if properly executed, represents an agreement that complies with Construction Materials Rule 6.3.12(a), Rule 6.4.19(a), and C.R.S. § 34-32.5-115(4)(e) and with Hard Rock/Metal Mining Rule 6.3.12(a), Rule 6.4.20(a), and C.R.S. § 34-32-115(4)(d). This form is for the sole purpose of ensuring compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to any private civil lawsuit to enforce the terms of the agreement or create any enforcement obligations in the Board or the Division. The following structures are located on or within 200 feet of the proposed affected area: Underground Waterline 1. 2. 3. 4. 5. (Please list additional structures on a separate page) CERTIFICATION The Applicant, Arnolds Custom Seeding, LLC (print applicant/company name), by Tyrun Huwa (print representative's name), as Director (print representative's title), does hereby certify that underground Waterline, Noble Midstream (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Arnold Pit No. 1 (operation name), File Number M- 2016 022 . This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this form. NOTARY FOR PERMIT APPLICANT ACKNOWLEDGED BY: Applicant Arnolds Custom•Seeding LLC Representative Name Tyrun Huwa Date May 29, 2019 STATE OF C o COUNTY OF Lid(/' )ss. Title Director The foregoing was acknowledged before me this MIA of'%(l c , ,kmby ��1'lAa'1 u as ©' f(Ch9✓ of 0U Olds C. *i Se ec., LLC. utfli(aVirA6r'uk-u- Notary Public My Commission Expires: MONICA L. VICKERS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20034011009 MY COMMISSION EXPIRES JUNE 10.2019 NOTARY FOR STRUCTURE OWNER ACKNOWLEDGED BY: Structure Owner Date STATE OF COUNTY OF )ss. The foregoing was acknowledged before me this as Name Title day of of by My Commission Expires: Notary Public N U.S. Postal Servicee' CERTIFIED MAIL° RECEIPT Domestic Mail Only Certified Mail Fee 1,113 , i $ Extra Services & Fees (check box, add fee gs 0 Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ ❑ Certified Mail Restricted Delivery $ i 'QQ a } •; 0 Adult Signature Required ❑ Adult Signature Restricted Delivery $ Postage Total Postage and Fe's 3 SeQ�t To ?1111 Street and Apt. No., or P ox Ivo. y its Jf714.. City State, ZIP+4 ® Co (X0 PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions eRslark 41 OUIJA, ENVIRONMENTAL CONSULTING May 28, 2019 Morgan County REA 17800 Co Rd 20 Fort Morgan, CO 80701 Subject: Structure Agreement — Mine Permit Application for Arnolds Custom Seeding Dear Mr. Martens, Attached is an updated figure and structure agreement to include an overhead powerline running along the eastern and southern borders of the disturbance area that were not included in the original agreement sent on March 27, 2019. If you accept the structure agreement for the addition of these lines paralleling the adjusted permit boundary please complete the portion of the agreement identified as "Notary for Structure Owner" and return same to Mackenzie Fernald, Duraroot, LLC, 810 Brickyard Circle #4, Golden, Colorado 80401. If you have any questions about Arnolds Custom Seeding LLC Reclamation Permit Application please contact the Colorado Division of Reclamation, Mining and Safety at (303)-866-3567, or you can call me, Mackenzie Fernald at (970) 729-2421 for further information. Sincerely, Mackenzie Fernald Duraroot Environmental, LLC 4626 WCR 65 Keenesburg, CO 80643 303-732-4021 Structure Agreement This letter has been provided to you as the owner of a structure on or within two hundred (200) feet of a proposed mine site. The State of Colorado, Division of Reclamation, Mining and Safety ("Division") requires the where a mining operation will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred (200) feet of the affected land, the Applicant shall either; a. Provide a notarized agreement between the Applicant and the Person(s) having an interest in the structure, that the Applicant is to provide compensation for any damage to the structure; or b. Where such an agreement cannot be reached, the Applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or c. Where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility. (Construction Materials Rule 6.3.12 and Rule 6.4.19 & Hard Rock/Metal Mining Rule 6.3.12 and Rule 6.4.20) The Colorado Mined Land Reclamation Board ("Board") has determined that this form, if properly executed, represents an agreement that complies with Construction Materials Rule 6.3.12(a), Rule 6.4.19(a), and C.R.S. § 34-32.5-115(4)(e) and with Hard Rock/Metal Mining Rule 6.3.12(a), Rule 6.4.20(a), and C.R.S. § 34-32-115(4)(d). This form is for the sole purpose of ensuring compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to any private civil lawsuit to enforce the terms of the agreement or create any enforcement obligations in the Board or the Division. 1. 2. 3. 4. 5. The following structures are located on or within 200 feet of the proposed affected area: Overhead Powerline, Morgan County REA (Please list additional structures on a separate page) CERTIFICATION The Applicant, Arnolds Custom Seeding LLC (print applicant/company name), by Tyrun Huwa (print representative's name), as Director (print representative's title), does hereby certify that Overhead Power line, Morgan County REA (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Arnold Pit No. 1 (operation name), File Number M- 2016 022 This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this form. NOTARY FOR PERMIT APPLICANT ACKNOWLEDGED BY: Applicant Arnolds Custom Seeding LLC Representative Name Tyrun Huwa Date May 28, 2019 STATE OF 7 COUNTY OF We } )ss. ) Title Director The foregoi g was acknowledged fore me this 443 day of /41'by f/tit-vi //14 t• - as /l Pd0 ✓ of /k ,f, LYf 6tedlIL( (%'10(tId Notary Public My Commission Expires: MONICA L. VICIfiER:' NOTARY PUBLIC STATE OF COLORADO MY COMMISSION E PIRE4011NE� PIKES AJNE 1 •: MONICA L VICKERS NOTARY PUBLIC STATE OF COLORADO NOTARY 1O 20034011009 MY COMMISSION EXPIRES JUNE 10, 2019 NOTARY FOR STRUCTURE OWNER ACKNOWLEDGED BY: Structure Owner Date STATE OF COUNTY OF )ss. The foregoing was acknowledged before me this as Name Title day of , by of My Commission Expires: Notary Public 0 O N r-i m v ci 0 ru ru O N U.S. Postal ServjceTM CERTIFIED MAIL° Domestic Mail Only RECEIPT For delivery information, visit rIli'�tl our ;website at wwwus s m ' p corn®, Certified Mail Fee Extra Services & Fees (check box, add fee ❑Return Receipt (harcicopy) ❑Return Receipt (electronic) $ °Certified Mail Restricted Delivery $ ❑Adult Signature Required ❑Adult Signature Restricted Delivery $ Streetanp. dA L 61 15,0- -ftiox ix o_l_�,(T1-t -- Ci ate, Z%P+4® �: �_• PS Form 3800, April 2015 pSN75a0- C 7 •V -------------- 02 000-9047 See Reverse for Instructions+ April 12, 2019 Weld County Commissioners 1150 O Street Greeley, CO 80631 To Whom it May Concern: RECEIVED APR 15 20i) WELD COUNTY comrossioNERF The Enclosed Notice is being sent to you because Arnolds Custom Seeding LLC, 4626 CR65, Keenesburg, CO 80643, 303-732-4021, is applying for a Construction Materials Regular (112) Operation Reclamation Permit. As a requirement for the permit acceptance, a Notice of Filing Application must be sent to the County Conservation District. Please respond with a signature on the Receipt and Proof of Filing and return to the above Arnolds address Attn: Ronald Spears (return envelope enclosed). If you have any questions, please give me a call directly at 720-346-4301 or email me at rspears@duraroot.com. Thank you for your time and I look forward to receiving your receipt. Sincerely, 4rifee-Li Ronald Spears Senior Biologist CERTIFIED MAIL Return Receipt Requested ►-�� 2Z,J ►�i CCG.PLC-rO,PR1sMIt icatc_ ) 14110I►q 2019-1545 NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF COUNTY COMMISSIONERS Weld COUNTY Arnolds Custom Seeding, LLC (the "Applicant/Operator") has applied for a Regular (112) reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials operations in Weld County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Reclamation, Mining, and Safety (the "Division") and the local county clerk and recorder. The applicant/operator proposes to reclaim the affected land to Cropland use. Pursuant to Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Board of County Commissioners before approving of the post -mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the application within twenty (20) days of the date of last publication of notice pursuant to Section 34-32.5-112(10), C.R. S. If you would like to discuss the proposed post -mining land use, or any other issue regarding this application, please contact the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567. NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice of a change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate description of the change. Receipt and Proof of Filing Arnold Pit No. 1, Construction Material Regular (112) Operation Reclamation Permit I, 1r ncV1occ4 , with the Weld County Commissioners office, hereby acknowledge receipt of the following: • "Notice of Filing Application for the Colorado Mined Land Reclamation Permit" • Arnold Pit No. 1, 110 Reclamation Permit Application Form RECEIVED APR 1 7 2019 WELD COUNTY M`!"MM SSIONERS Signature Date STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 CONSTRUCTION MATERIALS REGULAR (112) OPERATION RECLAMATION PERMIT APPLICATION FORM COLORADO DIVISIONOF RECLAMATION MINING —&— SAFETY CHECK ONE: n There is a File Number Already Assigned to this Operation Permit # M - (Please reference the file number currently assigned to this operation) ELNew Application (Rule 1.4.5) El Amendment Application (Rule 1.10) Conversion Application (Rule 1.11) Permit # M - (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts: (1) the application form; (2) Exhibits A -S, Addendum 1, any sections of Exhibit 6.5 (Geotechnical Stability Exhibit; and (3) the application fee. When you submit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (1) copy of the completed application form, two (2) copies of Exhibits A -S, Addendum 1, appropriate sections of 6.5 (Geotechnical Stability Exhibit, and a check for the application fee described under Section (4) below. Exhibits should NOT be bound or in a 3 -ring binder; maps should be folded to 8 1/2" X 11" or 8 1/2" X 14" size. To expedite processing, please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, ALL information requested below. 1. Applicant/operator or company name (name to be used on permit): Arnolds Custom Seeding LLC 1.1 Type of organization (corporation, partnership, etc.): Arnold Pit No. 1 2. Operation name (pit. mine or site name): 3. Permitted acreage (new or existing site): 3.1 Change in acreage (+) 3.2 Total acreage in Permit area Arnold Pit No. 1 4. Fees: 4.1 New Application 4.2 New Quarry Application 4.4 Amendment Fee 4.5 Conversion to 112 operation (set by statute) 5. Primary commoditie(s) to be mined: Top Soil 5.1 Incidental commoditie(s) to be mined: 1. 3. / lbs/Tons/yr 4. 9.99 150.01 160 permitted acres acres acres $2,696.00 application fee $3,342.00 quarry application $2,229.00 amendment fee $2,696.00 conversion fee lbs/Tons/yr 2. / lbs/Tons/yr / lbs/Tons/yr 5. / lbs/Tons/yr 5.2 Anticipated end use of primary commoditie(s) to be mined: Top soil use on construction locations none 5.3 Anticipated end use of incidental commoditie(s) to be mined: -2- 6. Name of owner of subsurface rights of affected land: Rich Huwa If 2 or more owners, "refer to Exhibit O". 7. Name of owner of surface of affected land: Rich Huwa 8. Type of mining operation: Surface Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN (check one): 6th (Colorado) El 10th (New Mexico) El Ute SECTION (write number): S 35 TOWNSHIP (write number and check direction): T 2 ✓ North El. South RANGE (write number and check direction): R 63 El East El West QUARTER SECTION (check one): SW QUARTER/QUARTER SECTION (check one): O NE NW SE SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): Site is approximately 4.25 miles east of Keenesburg, CO. Approximate elevation 4,813 10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) 39° 44' 12.98" (W) 104° 59' 3.87" Latitude (N): deg 40 min Longitude (W): deg 104 min 24 6 sec 7 .59 OR Example: (N) 39.73691° (W) -104.98449° Latitude (N) 40 Longitude(W) -104 OR 10211 (2 decimal places) sec 33 , 36 (2 decimal places) (5 decimal places) 409300 (5 decimal places) Universal Tranverse Mercator (UTM) Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Datum (specify NAD27, NAD83 or WGS 84) Nad 83 Zone 13 Easting Northing -3- 11. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Contact's Name: Title: Director Company Name: Arnolds Custom Seeding, LLC Street/P.O. Box: 4626 WCR 65 P.O. Box: City: Keenesburg State: Colorado Zip Code: 80643 Telephone Number: (720 ) - 463-9837 Fax Number: ( ) - PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Ronald Spears Title: Project Manager Company Name: Duraroot, LLC Street/P.O. Box: 810 Brickyard Cir. #4 P.O. Box: City: Golden State: Colorado Zip Code: 80401 Telephone Number: (720 ) _ 346-4301 Fax Number: ( ) - INSPECTION CONTACT Contact's Name: Darren Dever Title: Superintendent Company Name: H2 Enterprises Street/P.O. Box: 4626 WCR 65 P.O. Box: City: Keenesburg State: Colorado Zip Code: 80643 Telephone Number: (303 ) _ 732-0510 Fax Number: ( ) - CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Telephone Number: ( ) - CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Telephone Number: ( ) - -4- 12. Prima future (Post -mining) land use (check one): L'.. Cropland(CR) Pastureland(PL) Rangeland(RL) Forestry(FR) Residential(RS) Recreation(RC) riDeveloped Water Resources(WR) 13. Primary present land use (check one : Cropland(CR) Pastureland(PL) Rangeland(RL) Forestry(FR) Residential(RS) Recreation(RC) Developed Water Resources(WR) General Agriculture(GA) Wildlife Habitat(WL) Industrial/Commercial(IC) ID Solid Waste Disposal(WD) -B General Agriculture(GA) Wildlife Habitat(WL) IDIndustrial/Commercial(IC) 14. Method of Mining: Briefly explain mining method (e.g. truck/shovel): The top 4 inches of the top soil will be stripped and piled for reclamation using a CAT D6 dozer. The remaining 8 inches of top soil will be stripped and piled using a CAT D6 dozer and front end loader. 15. On Site Processing: El Crushing/Screening 13.1 Briefly explain mining method (e.g. truck/shovel): List any designated chemicals or acid -producing materials to be used or stored within permit area: 16. Description of Amendment or Conversion: If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s). Hello