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Home My WebLink About20191732.tiffCOLORADO Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman St. Room 215 Denver, CO 80203 NOTICE Consideration of Construction Materials Reclamation Permit Acreage Release Request Application DATE: December 2; 2019 TO: Weld County Commissioners 915 10th St Greeley, CO 80631 FROM: Eric C. Scott RE: Bernhardt Resource - File No. M-2002-120, Bestway Concrete Company Acreage Release Request Application (AR -1) RECEIVED DEC 0 5 2019 WELD COUNTY COMMISSIONERS Please be advised that on November 25, 2019, Bestway Concrete Company, whose address and telephone number are 301 Centennial Dr., Milliken, CO 80543; (970) 587-7287, filed an application for a/an Acreage Release Request (AR- 1) to M2002120, Bernhardt Resource, which is located approximately 1 miles Northeast of Milliken, Section 1, Township 4N, Range 67W, 06th Principle Meridian, in Weld County. Release 0.5 acres unaffected area (Town of Milliken parcel) The application decision is scheduled for January 24, 2020. Written comments or objections to the application may be submitted to and additional information obtained from Eric C. Scott at the Division of Reclamation, Mining and Safety, 1313 Sherman St. Room 215 Denver, CO 80203, by telephone at (303) 866-3567 x 8140. Comments or objections should be submitted within fifteen (15) days of this notice to be considered in the application review process. The Division is required to provide a thirty (30) day period following a decision on the release application to allow for appeals to its decision. M-GR-03A-P Pvbl;C Rev;e(ia) 1 /I6/tcl cc: pi_(rP), Pc./ (I'VER/cI.1/c Qot`t- tl3a 1313 Sherman St. Room 215 Denver, CO 80203 P (303) 866-3567 F (303) 832-8106 https://mining.state.co.us Jared Polls, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director CIVIL REStJRCES, LL( ENGINEERS S. PLANNERS October 1, 2019 Mr. Eric Scott Division of Reclamation, Mines, and Safety 1313 Sherman Street, Room 215 Denver, Colorado 80203 RECEIVED 0CT 0 2 2019 WELD COUNTY COMMISSIONERS RE: Adequacy Review 3 for 112 Construction Materials Reclamation Amendment 1 to the Permit, Bernhardt Gravel Mine, Permit M-2002-120; Response Dear Mr. Scott: This letter is being generated to satisfy the review dated September 24, 2019 for the Bernhardt Gravel Mine. The italicized items are the current comment and the bold text are the responses: The Division of Reclamation, Mining, and Safety has completed its second adequacy review of your 112 construction materials reclamation permit amendment application. The application was called complete for review on May 3, 2019. All comment and review periods began on May 3, 2019. The decision date for this application has been extended to October 7, 2019. Please be advised that if you are unable to satisfactorily address any concerns identified in this review before the decision date, it will be your responsibility to request an extension of the review period. If there are outstanding issues that have not been adequately addressed prior to the end of the review period, and no extension has been requested, the Division may deny this application. In order to allow the Division adequate time to review your responses to any adequacy issues, please submit your adequacy responses to the Division no later than one week prior to the decision date (September 30, 2019). Pub! Rev;ew to/O7/19 cc: PL. (TP),QW(SM/ER/c 4/cIK) 1O/02/19 323 FIFTH STREET• P.O. BOX 680 • FREDERICK, COLORADO 80530 • PHONE: 303.833.1416 • FAX: 303.833.2850 Please note that any changes or additions to the application on file in our office must also be reflected in the public review copy, which has been placed with the Weld County Clerk and Recorder. A copy of the response has been delivered to Weld County and the confirmation is attached. The review consisted of comparing the application content with specific requirements of Rule 6.1, 6.2, 6.4 and 6.5 of the Minerals Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials. As with most applications, there are items that will require clarification of the existing information. Any remaining inadequacies are summarized below: Please remove previous permit boundary currently shown on the north and east side of the amended parcel on all maps, so that the new permit boundary is accurately depicted. Please also include full size color copies of all final maps included in the application. The permit boundary is now shown as one perimeter line on all applicable drawings. Spillway slopes on the reclamation plan map are all listed as 5H.: 1H. Please correct. The 5H:1 V is correct as this is the profile of the spillway along the crest. The section of the spillway is labeled as 3H:1V down to the bedrock grade. Please correct the following issues with Figure 2c - Structures Structure #7 (Hillsboro Irrigation Ditch) appears to be missing/unlabeled or mislabeled on the Figure 2C provided. The ditch has been updated on all drawings. It should be noted the ditch is not the Hillsborough Ditch and it is the Big Thompson and Platte River Ditch. This has been updated and the correct ditch owner was originally notified as shown in Adequacy Review 2 correspondence. (Pol _ `,-I 3a CIVIL RESURCES,LLI ENGINEERS & PLANNERS October 1, 2019 Mr. Eric Scott Division of Reclamation, Mines, and Safety 1313 Sherman Street, Room 215 Denver, Colorado 80203 RE: Adequacy Review 3 for 112 Construction Materials Reclamation Amendment 1 to the Permit, Bernhardt Gravel Mine, Permit M-2002-120; Response Dear Mr. Scott: This letter is being generated to satisfy the review dated September 24, 2019 for the Bernhardt Gravel Mine. The italicized items are the current comment and the bold text are the responses: The Division of Reclamation, Mining, and Safety has completed its second adequacy review of your 112 construction materials reclamation permit amendment application. The application was called complete for review on May 3, 2019. All comment and review periods began on May 3, 2019. The decision date for this application has been extended to October 7, 2019. Please be advised that if you are unable to satisfactorily address any concerns identified in this review before the decision date, it will be your responsibility to request an extension of the review period. If there are outstanding issues that have not been adequately addressed prior to the end of the review period, and no extension has been requested, the Division may deny this application. In order to allow the Division adequate time to review your responses to any adequacy issues, please submit your adequacy responses to the Division no later than one week prior to the decision date (September 30, 2019). Please note that any changes or additions to the application on file in our office must also be reflected in the public review copy, which has been placed with the Weld County Clerk and Recorder. A copy of the response has been delivered to Weld County and the confirmation is attached. The review consisted of comparing the application content with specific requirements of Rule 6.1, 6.2, 6.4 and 6.5 of the Minerals Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials. As with most applications, there are items that will require clarification of the existing information. Any remaining inadequacies are summarized below: Please remove previous permit boundary currently shown on the north and east side of the amended parcel on all maps, so that the new permit boundary is accurately depicted. Please also include full size color copies of all final maps included in the application. The permit boundary is now shown as one perimeter line on all applicable drawings. Spillway slopes on the reclamation plan map are all listed as 5H.: 1H. Please correct. The 5H:1 V is correct as this is the profile of the spillway along the crest. The section of the spillway is labeled as 3H:1V down to the bedrock grade. Please correct the following issues with Figure 2c - Structures Structure #7 (Hillsboro Irrigation Ditch) appears to be missing/unlabeled or mislabeled on the Figure 2C provided. The ditch has been updated on all drawings. It should be noted the ditch is not the Hillsborough Ditch and it is the Big Thompson and Platte River Ditch. This has been updated and the correct ditch owner was originally notified as shown in Adequacy Review 2 correspondence. 323 FIFTH STREET • P.O. BOX 680 • FREDERICK, COLORADO 80530 • PHONE: 303.833.1416 • FAX: 303.833.2850 Page 2 Mr. Eric Scott October 1, 2019 '#4"near the Town of Milliken property in the center of the map is black and not red text. This has been updated. The sewer line in WCR 48 (assumed owned by Town and covered by Town of Milliken agreement), and none of the overhead electric lines within the permit or within 200' of the permit have been highlighted. These utility/lines have all been changed to a "red color". Please remove unneeded items (such as the numbers in diamonds) from the map and legend. Unneeded items have been removed. Permittee will need to commit to continue monthly water level monitoring for the site and provide data obtained in the annual report. See attached letter committing to continue to monitor groundwater levels. Exhibit L - Reclamation Cost Estimate will need to include detailed information for the line item(s) for spillway construction. Costs for design/engineering, materials, hauling and placement/construction will need to be broken out for each spillway proposed. The design and engineering have been complete as presented in the Adequacy Review Response 2, the estimated cost includes haul, place bedding and riprap and grading. A 10% contingency was added. Recent work on a riprap project further to the east (Kersey, Colorado) reported costs at $60/cubic-yard for haul and placement. A copy of the bid for similar work is attached. Due to the liability to the State for slurry walls being damaged after installation, either by the mining process, or flood events prior to final release, DRMS bonding policy for slurry walls has recently been modified to the following practice.: DRMS will require bonding for the full amount for slurry wall installation for any proposed or completed slurry wall until all flood control structures are in place, and the wall has been either fully or provisionally approved by SEO. The Cell 2 wall has been approved and no flood structures are required as Cell 2 is out of the floodplain. Cell 3 has been approved and a spillway was constructed ten months ago by Central Colorado Water Conservancy District, the ultimate owner of the water storage ponds. Cell 4 is provisionally approved and Cell 5 has been provisionally approved and is not being mined. DRMS will reduce the bond for slurry walls that have been installed, complete with all required flood control structures, and approved either fully or provisionally by SEO, by 80% (20% of full cost of wall to be retained in DRMS bond amount while slurry wall remains in the permit area). The bonding calculations have been updated. Upon final release of the slurry wall from the permitted area, the remaining 20% of the slurry wall bond will be released Acknowledged. DRMS will accept the $5/SF cost for slurry wall installation for the purposes of estimating slurry wall costs at this site, unless actual installation costs can be documented/provided. $5/sq-ft was used in the bonding calculations. Please revise the Exhibit L costs to address the above issues. Reclamation costs provided will be reviewed by DRMS when all adequacy issues have been addressed. This Exhibit should be updated as needed to reflect all changes made during the adequacy review process. Acknowledged. Permittee still needs to obtain legal right of entry from Town of Milliken for the parcel in the permit located on the west side of the permit for Exhibit N, and information for Town of Milliken must be included in Exhibit Q. The Legal Right to Enter is attached to this response. This concludes the Division's third adequacy review of this application. This letter shall not be construed to mean that there are no other technical deficiencies in your application. Other issues may arise as additional Page 3 Mr. Eric Scott October 1, 2019 information is supplied Please remember that the decision date for this amendment application is currently October 7, 2019. As previously mentioned, if you are unable to provide satisfactory responses to any inadequacies prior to this date, it will be your responsibility to request an extension of time to allow for continued review of this application. If there are still unresolved issues when the decision date arrives and no extension has been requested, the application will be denied. If you have any questions, please contact me at (303) 866-3567 x8140. CIVIL RESOURCES, LLC 6.(i4 Andy Rodriguez, P.E End: Plans Legal Right to Enter Bonding Cost J:1Bestway-2131bemhardt\DRMS Permit updatelAdequacylreview 31Adq-3-M2002-120-9-26-19.doc Bestway Concrete Mark Johnson, Manager UPDATED PLANS DIVISION OF RECLAMATION MINING AND SAFETY PERMIT M-2002-120-AM01 BESTWAY CONCRETE, INC. BERNHARDT GRAVEL MINE AM01 WELD COUNTY, COLORADO A SEM .SWPAL' \it! haft. \d SITE �\ �.� ��\�\\\\��\i_•�W �t 47/ TERN : TNOmPSO1V 7',v CONVEYOR AMENDMENT BOUNDARY 4746 • • • • PROJECT LOCATION MAP e N Milliken U '52 - HIGHWAY 60 SCAL_ I.. - 1000 aniels ITCH. C SCh a CERTIFICATION: SET #: I HEREBY CERTIFY THAT THESE PLANS FOR THE DRMS PERMIT FOR THE - WERE PREPARED UNDER MY DIRECT SUPERVISION FOR THE OWNERS "HEREOF. BY: ANDREW R. RODRIGUEZ, P.E. DATE: 10/01/19 BESTWAY CONCRETE. INC. DOES HEREBY ACCEPT AND APPROVE THESE PLANS FOR THE DRMS PERMIT. BY: AUTHORIZED REPRESENTATIVE BESTWAY CONCRETE. INC. PREPARED FOR: DATE: 1O/O1/19 BESTWAY CONCRETE, INC. 301 Centennial Dr, Milliken, CO 80543 970 587 7277 PREPARED BY: CIVIL RESURCES, LLC 323 5th STREET P.O, BOX 680 FREDERICK, CO 80530 303 833 1416 lam sen boa CifWoo yeSt REVISIONS NO. DESCRIPTION ADO REVIEW ADO REVIEW ADO REVIEW DATE 8109/19 9/17/19 1011/19 BY 1 ARR MR ARR DATE: 10/24/2016 2 3 DWG: DRMS-Figs.dwg SHEET 1 a N.\ RIE�tJIFMENT 6 TRUCK INC [• ACCOUNT: R 949 PAR[[105902000058 WELL PERMIT 110. P61 -W C2 Fir TOWN OF MIWKEw ACCOUNT: 844766/6 PARCEL: 105901000027 Saw & SHARON KIELIMI ACCOUNT: 83196294 PARCEL: '05902400m2 N A NTMMN KTEUAN ACCOUNT: 81196196 -Y�CEI: 1051 IERRIO KERN & BROOKE WAGNER ACCOUNT: 8447921% PARCEL: [05902000020 VIGIL GENEVIEVE M ACCOUNT:R8943737 PARCEL: 105911101004 SOILS LEGEND: --f• ERMA= FA10A5 LNE. ACIBUNT: R44 PARCEL' 10590 W 1/4 C. 4270 .40 s 5 ,/M sw CDR., a. SEC. I - .1 Q. GAS ASSOC �E ,I POTENTIALLY BE 3l[ NOBLE GAS `//- ABANDONED (v5 / LsrL NA RAN. GAS 100 YEAR newts LOOTS LAND SLOPE 0.55% (TSWN 1$ MILLIKEN) AQUOLLS AND AOUENTS, GRAVELLY SUBSTRATUM ASCALON LOAM, 0 TO 1 PERCENT SLOPES DACONO CLAY LOAM, 1 TO 3 PERCENT SLOPES KIM LOAM, I TO 3 PERCENT SLOPES STRUCTURE INFO: NUNN LOAM, 0 TO 1 UST1C TORRIORTHENTS. PERCENT SLOPES MODERATELY STEEP NUNN LOAM, I TO 3 PERCENT SLOPES PAOLI LOAM. 0 TO 1 PERCENT SLOPES TASSEL FINE SANDY LOAM. 5 TO 20 PERCENT SLOPES VARIOUS BUILDINGS OWNED BY LAND OWNER OVERHEAD POWER (PUBLIC SERVICE OF COLORADO) GAS LINES/FACILITY (PDC WELLS, NOBLE WELLS & DCP GASLINES) BUILDINGS (TOWN OF MILLIKEN PROPERTIES) GASLINE/FACILITY (BERNHARDT DELBERT LSR TRUST) IRRIGATION DITCH/ BIG THOMPSON & PLATTE RIVER DITCH (LITTLE WALKER PROPERTIES OF COLORADO) IRRIGATION DITCH/BIG THOMPSON & PLATTE RIVER DITCH (BERNHARDT DELBERT LSR TRUST) HOUSE/BUILDING (STEVEN & KAREN KIELAN) IRRIGATION DITCH/BIG THOMPSON & PLATTE RIVER DITCH (JOHN & SHARON KIELAN) WCR 25 & ROW (WELD COUNTY PUBLIC WORKS) WCR 48 & ROW (WELD COUNTY PUBLIC WORKS) WCR 23 & ROW (WELD COUNTY PUBLIC WORKS) HOUSE/BUILDING (JERRID KERN & BROOKE WAGNER) BIG THOMPSON & PLATTE RIVER DITCH AFFECTED LANDS: OVERNEAO ELECTING Olt UNE TO Q ASSOCIATED NATURAL GAS .FjAJElAET1T- CLLTIVATEO RELD S 0---- (fin !BIG - / THOMPSON R & PLATTE AVER TIGATII,TIV DITCH BERNHARDT DELBERT LSR TRUST ACCOUNT: R4247506 PARCEL: 105912200011 CONVEYOR PROPERTY: VARIOUS OUT BUILDINGS FLOODPLAIN INFO: FLOODPLAIN INFO IS FROM FIRM FLOOD INSURANCE RATE MAP PANEL NO. 08026607500 EFFECTIVE DATE: SEPTEMBER 28, 1982 EXISTING VEGETATION: FALLOWED AGRICULTURAL LAND SURVEY INFO: G --- -- WELL non W.O. 607211-F .. 44 r-4 '! LOCATION a Q. NATURAL GAS POC ENERGY GAS YELL ////IRRIGATION / 01104 as —\FS ^' uNE SW 1/4 TANS CAS NOBLE ENERGY KING SURVEYORS 650 E. Garden Drive I Windsor. Colorado 13(1551) phone: (417(1) 686-5011 I APPLICANT: email: info@KingSLlrveynrs.com BESTWAY CONCRETE & AGGREGATE 301 CENTENNIAL DRIVE MILLIKEN. CO 80543 L 16• INGRESS EGRESS EASEMENT S t As500A1ED NATURµ GAS EASEMENT S 1/4 CON.. MC. I _ • ) - &PIStMDT FANG UC -- —'� o� ACCOUNT: 04202706 'r�+ PARCR• 109701100003 /,3' q1 U WELL PERMIT NO. 60729-F NOTE: :GAS YELL, :PRODUCNG EASEMENT WELL PERMIT NO. 0514 - TOWN OF MILLIKEN / J ACCOUNT: 10049030 PARCEL: 105901000043 I WCR 48 CAS WILL CAS WELL PIKENCING P2 WELL PERMIT NO. 30795S - ANWNEN SANITATION PI DISTRICT 30' NIDE wai PERMIT NO. 307953- SEWER EA$JIENT� COMPLETED 2017 BERNHARDT 25' WOE IRRIGATION EASEMENT NOBLE CAS &ELL (SO AN • IWKLN DU 04 E . 1.",14u. TOWN OF NI KEN ACCOUNT: R24%30903 PARCEL: 10591 i:49001 �- BESTWAY CO 4' OMPANY ACCOJNT: • 461003 PARCEL: )0 1214 WELL PERMIT NO. 424434-R CULTIVATED PEW LAND SLOPE 0.55% 5. UNE SW 1/4 CDR INvESTMENTIL LLCA ACCOUNT: R0165 01 PARCEL: 1059120 4004 CDR INVESTMENTS LW ACCOUNT: R0165201 PARCEL: 105912014005 AINORT PROPERTIES CO LLC ACCOUNT: 80165001 PARCEL: 105912014003 100 TEAR FL000PLAN LIMITS P2 WELL PERMIT NO. 307954 - COMPLETED 2017 Q ASSOCIATED NATURAL GAS EASEMENT - 60.' ROW 10' GAS EASEMENT N CENTS$ DRS HIGHWAY 60 CIVIL RESOURCES, LLC. IS NOT RESPONSIBLE FOR SAFETY, IN, ON, OR ABOUT THE PROJECT SITE, NOR FOR COMPLIANCE BY THE APPROPRIATE PARTY OF ANY REGULATIONS THERETO. THESE MAPS WERE PREPARED BY CIVIL RESOURCES, LLC. IN COOPERATION WITH BESTWAY CONCRETE. BESTWAY WILL KEEP THE DIVISION OF RECLAMATION MINING AND SAFETY INFORMED OF ANY CHANGES TO THE MINING OR RECLAMATION PLANS THROUGH ANNUAL REPORTS AND FILE TECHNICAL REVISIONS AND AMENDMENT APPLICATIONS AS NECESSARY THROUGHOUT THE LIFE OF THE MINE. LEGEND: 1 t ASSOQAIED NATRAL GAS EASEMENT IRRIGATION DITCH WCR 48 �IRPoCATIDN _ TDITCH \ WELL PgU4[ NO. 4407 EXISTING 20' IRRIGATWN EASENM74T TO BE VACATED gariC STATE HIGHWAY NO. (R.BUN. VARIES) - 4840 OHE C T x PERMIT BOUNDARY 100 YR. FLOODPLAIN EXISTING EXISTING EXISTING POWER EXISTING GAS LINE EXISTING TELEPHONE LINE EXISTING FENCE SECTION LINE 4 4;44 J iyw !E I/ 7/ CON. + Or NOW II3T OF SECJON UNE FOR COUNTY ROAD BY P RESCOPTION. HEMS S POEM 60 DITCH 2' CONTOURS OVERHEAD EDGE OF UNPAVED ROAD X BERNHARDT FARMS LLC ACCOUNT: 84384586 PARCEL: 105706000004 WELL PERMIT NO. 117413 -R -R / ( 0.3 PUBLTL6ERVICE.[O OF COLORADO ACGCL:1 802700000 PARCEL: 105706000003 WELL PERMIT NO. 519-WCB CENTER DRIVE nano EXISTING ROAD R.O.W. PROPOSED ROAD R.O.W. EXISTING TREE EXISTING GAS WELL (P&A, PR OR SI) O EXISTING TANK BATTERY ,-O TESTHLE NUMBER 111-6 NUMBER OF FEET (3.5 12.0) OF OVERBURDEN NUMBER OF FEET OF GRAVEL RESOURCE ...J fr H6illeigty NO. 60 e 3 WATER WELLS 03 STRUCTURES CIVIL RES4,URCES, LLC 323 Sth STREET P.O. Box 680 FREDERICK, CO 80530 303.833.1416 WWW.CIVILRESOURCES.COM BESTWAY CONCRETE, INC. 301 CENTENNIAL DR. MILLIKEN, CO 80543 970.587.7277 CONTACT: MARK JOHNSON Mom what's S0K Call Witte you dig. SOILS CLASSIFICATION BOUNDARY BFE •4974 FIRM (4971) MONITORING WELLS PROP OSED MONITORING WELLS BASE FLOOD ELEVATIONS CONVEYOR AMENDMENT TO M2002-120 REVISIONS NO. DESCRIPTION DATE ADQ REVIEW 7/18/19 9/17/19 10/01/19 2 3 DESIGNED BY: XXX DRAWN BY: XXX CHECKED BY: XXX DATE: xxx XX, 2014 SCALE: AS NOTED As NOTED JOB NO.: Value DWG NAME:DRMS-FIGS.DWG HISTORIC CONDITIONS SHEET: a CIVIL RES"VURCES, LLC 323 Sth STREET P.O. Box 680 FREDERICK, CO 80530 303.833.1416 WWW.CIVILRESOURCES.COM W.CIVILRESOURCES.COM t— ■ its eon.. KC • -• r wean , was, Pe1MET P1O. 7151.4R8 Y STRUCTURE INFO: VARIOUS BUILDINGS OWNED BY LAND OWNER OVERHEAD POWER (PUBLIC SERVICE OF COLORADO) GAS LINES/FACILITY (PDC WELLS. NOBLE WELLS & DCP GASLINES) BUILDINGS (TOWN OF MILLIKEN PROPERTIES) GASLINE/FACILITY (BERNHARDT DELBERT LSR TRUST) IRRIGATION DITCH/ BIG THOMPSON & PLATTE RIVER DITCH (LITTLE WALKER PROPERTIES OF COLORADO) IRRIGATION DITCH/BIG THOMPSON & PLATTE RIVER DITCH (BERNHARDT DELBERT LSR TRUST) HOUSE/BUll DING (STEVEN & KAREN KIELAN) IRRIGATION DITCH/BIG THOMPSON & PLATTE RIVER DITCH (JOHN & SHARON KIELAN) WCR 25 & ROW (WELD COUNTY PUBLIC WORKS) WCR 48 Sc ROW (WELD COUNTY PUBLIC WORKS) WCR 23 & ROW (WELD COUNTY PUBLIC WORKS) HOUSE/BUILDING (JERRID KERN & BROOKE WAGNER) BIG THOMPSON & PLATTE RIVER DITCH iriiiCELL 2 PARTIALLY MINED OUT AND SLURRY WALL TEST APPROVED WATER STORAGE WATER STORAGE INSIDE POND 2 INSIDE POND 2 / NOBLE GAS -� - 2- WELL SMUT \ I IN (SI) PVC GAS `NO RECORD COUNTY ROAD ROW TEMP AGGREGATE SORTER -IRRICA TIEN DITCH 5W COR CC SEC I U AFFECTED LANDS: WELL ISII 04. NO RECORD COUNTY ROAD ROW TYPICAL CONVEYOR PROPERTY: VARIOUS FLOODPLAIN INFO: OUT BUILDINGS FLOODPLAIN INFO IS FROM FIRM FLOOD INSURANCE RATE MAP PANEL NO. 08026607500 EFFECTIVE DATE: SEPTEMBER 28, 1982 EXISTING VEGETATION: FALLOWED AGRICULTURAL LAND • -,� NOBLE &CAGY GAS WELL. PLUGGED AND AIJwOONW WELL(PM) - l�z CELL 1 FRESH WATER •\ AND SILT STORAGE AREA NOT SLURRY UNED AE5M WATER POND MINING HIGHWALL 70 TO )0' FROM POWER LITRE 4H:1 v MINE SLOPE FORLBAY(CCWCD? FOR WATER STORAGE WELL PERMIT NO. 607364 SPILLWAY L uR WITLY INSTALLED CELL 3 MINED OUT AND SLURRY WALL TEST APPROVED 3H:1V MINE SLOPE SLURRY WALL TYP. -- CONVEYOR BELT JLC 'RAIL( A -5.91 AC. AMENDED PARCEL TO BE USED FOR THE T CONVEYOR CROSSING ONLY Ii WATER STDRAL:F INSIDE POND 2 / RRGAnON OI TON o 5 @ �- 5 S. LINE / SW 7/. & PLATTE RIVER IRRICATON 0i1O1 SURVEY INFO: KING SURVEYORS 650 E. (yardcn Dnvc I Windsor, Colorado 8055) phone. (910) 686-5111 I email: info@ICingSLln'cyors.com APPLICANT: BESTWAY CONCRETE & AGGREGATE 301 CENTENNIAL DRIVE MII I /KEN, CO 80543 \ ' SMALL DEBRIS PILE PERMIT BOUNDARY COINCIDES WITH FENCE LINE EXCEPT FOR I17 JUST I CAST OF DEBRIS PILE MAIN ENTRANCE WELL PERMIT NO. 60719-F 3 NOTE: -• -•R-. t —w --1--i WELL PERMIT NO. 414- WELL PERMIT AO. 3:A42- • WCR 48 WELL PERMIT NO. 424434-R PI WELL PERMIT NO. 307956 COMPLETED 1017- 1 CELL 5 NOT MINED, PARTIALLY DISTURBED TO BEGIN SLURRY WALL LEAK TEST (MIEN IN 2 YEARS) P2 - � \ MINE PERMIT NO. 307955- \\ G p PI WELL PERMIT NO. 30795} s.4 COMPLETED 7017 / 1NPANE 11V sLOM 111 / ` WATER INSIDE POGO 4 Y ( SLURRY WALL APPROVED 100 TEAR RAODPLMN �. (oi5 P2 • WELL PERMIT NO. 3079S1 - COMPUTED 201' S U1NE SW 1/4 W n CIVIL RESOURCES, LLC. IS NOT RESPONSIBLE FOR SAFETY, IN, ON, OR ABOUT THE PROJECT SITE, NOR FOR COMPLIANCE BY THE APPROPRIATE PARTY OF ANY REGULATIONS THERETO. THESE MAPS WERE PREPARED BY CIVIL RESOURCES, LLC. IN COOPERATION WITH BESTWAY CONCRETE. BESTWAY WILL KEEP THE DIVISION OF RECLAMATION MINING AND SAFETY INFORMED OF ANY CHANGES TO THE MINING OR RECLAMATION PLANS THROUGH ANNUAL REPORTS AND FILE TECHNICAL REVISIONS AND AMENDMENT APPLICATIONS AS NECESSARY THROUGHOUT THE LIFE OF THE MINE. /- NOBLE ENERGY GAS WCLL, PRODUCING WELL (PR) MINOR DISTURBNNCE FOR SLLIRRT WALL LEAK TEST AREA TO BE BROUGHT BACK TO GRAOE AND SEEDED 4—' POC GAS WELL -'PR) CELL 4 PARTIALLY MINED OUT AND SLURRY WALL TEST PROVISIONALLY APPROVED r ol --get J SO0 ROW IRRIGATION DI ICH .%%.".- IRRIGATION OI ICH WELL PERMIT NO rFN TFR l7 RI VF \ \ LEGEND: 14082-F PERMIT BOUNDARY 100 YR. FLOODPLAIN EXISTING DITCH EXISTING 2' CONTOURS 4. cow. 50' ROI IE57 a SECSIN (ME FOR COW. ROAD GT PESOWHIOE. RECOPOS UNCLEAR 0 0 SE CDR., SEC 1 OHE EXISTING OVERHEAD POWER G- EXISTING GAS LINE T - EXISTING TELEPHONE LINE X — EXISTING FENCE SECTION LINE EDGE OF UNPAVED ROAD X WELL PlRMR NO. 11740414t WELL PERMIT NO. S19-WEBI EXISTING ROAD R.O.W. PROPOSED ROAD R 0.W EXISTING TREE EXISTING GAS WELL (P&A. PR OR SI) O EXISTING TANK BATTERY TESTHOLE NUMBER TM_6 NUMBER OF FEET (3.5112 0) OF OVERBURDEN 9 "-NUMBER OF FEET OF GRAVEL RESOURCE 3 m 0 BFE `4974 FIRM (4971; STRUCTURES NORTH 150 300 Know Mutts below. Call before you dig. SOILS CLASSIFICATION BOUNDARY MONITORING WELLS WATER WELLS PROPOSED MONITORING WELLS BASE FLOOD ELEVATIONS BESTWAY CONCRETE, INC. 301 CENTENNIAL DR. MILLIKEN, CO 80543 970.587.7277 CONTACT: MARK.OHNSON CONVEYOR AMENDMENT TO M2002-120 REVISIONS NO, DESCRIPTION DATE ADQ REVIEW ADQ REVIEW 2 ADQ REVIEW 7/15/19 2 3 9,'17/19 10/01:19 DESIGNED BY: XXX DRAWN BY: XXX CHECKED BY: XXX DATE: xxx xx, 2014 SCALE: AS NOTED AS NOTED 1OB NO.: Value DWG NAME:DRMS-FIGS.DWC EXISTING CONDITIONS/ MINING PLAN 5HE E 2b • N J:iBestway-2131GernhardtlDravAngslSheets1DRMS-Flgs.dw5, 2c Structures, 10/1/2019 WESTERN EQUIPMENT & TRUCK ITC ACCOUNT: 87681599 PARCEL: 105902000658 WELL PERMIT NO. ?81•WCB TOWN Of MILLIKEN ACCOUNT: R4I76680 PARCEL: 105901000022 KIM & %IMON KICUAN ACCOUNT RI 196296 PARCEL. 105902400002 STEVEN & KAREN KIEUAUY ACCOUNT: R1196196 PARCEL: 105902400001 3r CRRIO KERN S BROOKE WAGNER ACCOUNT; R4179296 PARCEL: 105902000020 VIGIL GENEVIEVE M ACCOUNT:R8943737 PARCEL: 105911101004 STRUCTURE INFO TABLE: A eflnc FARMS ut ,_ PAL: 10590'koe/ 1 I P.1\1 OC `NO RECORD LAND SLOPE 0.55% COUNTY ROAD ROW IDD TEAR ROODLNN LISTS NOBLE GAS VEIL AWOOIEE0 6 i `•-•-. �_ry.Q cHL CONCRETE DITCH 30'X46 NAM EASEMENT •.•• i • •I -0-APPROXINATE • 0 \• / ft `APPNONMATE • NATURAL CAS ASSOC. ROMP- -LA. 100 / a YEAR A AM ��LIES Q NATURAL GAS ASSOC. ROW CA4 1✓ FELL FOC GAS f /� ABANDONED (PSCO) 94()17- N WELL (s) AllE OE G S C SW COR.SEC 1 U VARIOUS BUILDINGS OWNED BY LAND OWNER OVERHEAD POWER (PUBLIC SERVICE OF COLORADO) GAS LINES/FACILITY (PDC WELLS, NOBLE WELLS & DCP GASLINES) BUILDINGS (TOWN OF MILLIKEN PROPERTIES) GASLINE/FACILITY (BERNHARDT DELBERT LSR TRUST) IRRIGATION DITCH/ BIG THOMPSON & PLATTE RIVER DITCH (LITTLE WALKER PROPERTIES OF COLORADO) IRRIGATION DITCH/BIG THOMPSON & PLATTE RIVER DITCH (BERNHARDT DELBERT LSR TRUST) HOUSE/BUILDING (STEVEN & KAREN KIELAN) IRRIGATION DITCH/ BIG THOMPSON & PLATTE RIVER DITCH (JOHN & SHARON KIELAN) WCR 25 & ROW (WELD COUNTY PUBLIC WORKS) 10 WCR 48 & ROW (WELD COUNTY PUBLIC WORKS) WCR 23 & ROW (WELD COUNTY PUBLIC WORKS) HOUSE/BUILDING (JERRID KERN & BROOKE WAGNER) @ BIG THOMPSON & PLATTE RIVER DITCH S LAND SLOPE 0.55% NO RECORD COUNTY ROAD ROW (TbWN r MLLBLEN) G ASSOCIATE') NATURAL GAS EMSEMENT— S QNATURAL ASSOC. C ROW - i OVERHEAD C O6. UNE TO POTENTIALLY BE Q GERRITY CO. ACESS EASEMENT SO BIG THOMPSON PLATTE RIVER IRTBC A ROI4 DITCH - BERNHARDT DELBERT LSR TRUST ACCOUNT: PA247506 PARCEL: 105912200011 S /WRICATION pT03 S UNE SW 1/s S - WELL PERMIT MO. C.13773 -f r OR/GAS TANKS .. . BERMIARDT FARMS LLC ACCOUNT: R4202206 PARCEL: 105901100003 i' 8EI1PffAROT FARMS LI'. ACCOUNT; 80049190 PARCEL: 105901000041 O - iY Ii • -S, tea,: oft TOWN.OF MILLIKEN ACCOUNT: 80026490 VARC£L 105901000039 FOC ENERGY CAS ELL (j) 18' INGRESS EGRESS EASEMENT 60 DEDICATED PUBLIC ROW 200' NEST ANNEXATION lCIL/GAS TANK NOBLE ENER7--(;D-4 Y � �� ) Q ASSOCIATED NATURAL GAS • EASEMENT 5 1/4 Ca. SEC. 1 -47;r6. 1 1 7 i i r / ., F I 10' P.5.CO. EASEMENT I WED- PERMIT NO. 0514- I f - TOWN OFAIWI(EN __/,I ACCOUNT: 10049090 •I / ' PARCEL 102901000041 __ ' 4 _ u • WELL PERMIT NO. 60729* WCR 48 301 DEDICATE°-- pueuc ROW 200' VEST ANNEXATION -.4 I .-Th ' 1 1_ It 7 1 . ... -� `.`..... ▪ N. \ \` �l Ir 7•♦ . --, 1 1 1 -100 KM FLDIDPLAM LOTS .1 s P2 WELL PERMIT NO, 307955- �'. N'' W, 2%/15/.1/P 311 L -L �• •_ 1/4 • Y .1 ,,r L • NOBLE ENERGY GAS WELL. PRODUCING WELL (PR) MILLIKEN SANITATION I' DISTRICT 70• WIDE PI SEWER EA WELLUTETTI4 NO. 307953- COMPO4T6D 2017 BERNHARDT 25 MOE IRRIGATION EASEMENT NOBLE GAS WELL ( 9 ) 20' TEMP. CORSET? EASEMENT BYFelt \ UNRE CORDED 60 DRAINAGE EASEMENT BY MAE UNRECGROED / GAS . / TANK WN �(L UKEN .1 COU : }7288404 F E 1 1-• ' WEll PERMTT NO. 44CS2-F TOWN OF MIL ACCOUNT: R24 PARCEL: 10591 ACCOUNT tFCOMPANY ACCOUNT: cnTe \\33 PARCEL: 10 1211900 WELL PERMIT NO. 42443 -F -R ITV AGE. 5 EA ENT AL CENC O S. UNE SW I/4 N 3 :49001 CDR INVESTMENTS LLC ACCOUNT: RO1b5 .01 PARCEL. 1059120 4004 CUR INVESTMENTS LLC ACCOUNT: 0.0165201 PARCEL: 105912014005 AELPORT PROPERTIES CD LLC ACCOUNT: 0.0165001 PARCEL: 105912014003 JL HIGHWAY 60 100 TEAR FLOOWPLNN L4ATS P2 WELL PERMIT NO, 707954 - COMPLETED 2017 Q ASSOCIATED NATURAL CAS EASEMENT SE ACCO.. PARCEL; T NO. I. NOBLE ENERGY CAS WELL', (PRA) PDC GAS WELL (PRODUCING) • (LUKEN ADVENTURE L1.C\ 165301 to " 014006 CENTER Ler LEGEND: OIL/GAS ASSOCIATED NATURAL 10.8r GAS VALVE SITE WCR 48 EXISTING 20 IRRIGA RON EASEMENTO BE VACATED STATE HIGHWAY NO. 60 (R, O. W. VARIES) OHE -c -T x PERMIT BOUNDARY 100 YR. FLOODPLAIN EXISTING DITCH EXISTING 2' CONTOURS EXISTING OVERHEAD POWER EXISTING GAS LINE EXISTING TELEPHONE LINE EXISTING FENCE SECTION LINE EDGE OF UNPAVED ROAD X if I. `. I/4 -TO COR `k 7 I 60' RQA Y(ST OF �- %C MR I IMF RR CWNTY ROAD ST PRESCRPROI. RECORDS UNCLEAR U Pa SE SE COT.. SEC. 1 BACCOUNT:ERNIIARDT FARMS LLC 5706000004 PARCEL: 105706000004 WELL PERMIT NO. 1174041-P PUBLIC SERVICE CO OF COLORADO ACCOUNT: R0278387 PARCEL: 105706000003 @) WELL PERMIT NO. 519 -VICE -if CENTER DRIVE 3 EXISTING ROAD R.O.W. PROPOSED ROAD R.O.W. EXISTING TREE EXISTING GAS WELL (P&A, PR OR SI) O EXISTING TANK BATTERY TESTHOLE NUMBER NUMBER OF FEET (3.5 12.0) OF OVERBURDEN NUMBER OF FEET OF GRAVEL RESOURCE 0 BEE •4974 ARM (4971) 5IsbT, HNI-44” NO. 60 NORTH FEET) Know what's below. Call before you dig. STRUCTURES SOILS CLASSIFICATION BOUNDARY MONITORING WELLS 3 WATER WELLS s PROPOSED MONITORING WELLS BASE FLOOD ELEVATIONS CIVIL RC SeOURCCS, LLC 323 5th STREET P.O. Box 680 FREDERICK, CO 80530 303.833.1416 WWW.CIVILRESOURCES.COM W.CIVILRESOURCES.COM BESTWAY CONCRETE, INC. 301 CENTENNIAL DR. MILLIKEN, CO 80543 970.587.7277 CONTACT: MARK JOHNSON REVISIONS NO 2 3 DESCRIPTION ADQ REVIEW ADQ REVIEW 2 ADQ REVIEW 3 DATE 7/18/19 '/17/19 10/1119 DESIGNED BY: XXX DATE: XXX Xx, 2014 DRAWN BY: XXX SCALE: AS NOTED CHECKED BY: XXX 10B NO.: Value AS NOTED DWG NAME:DRMS-FIGS.DWG STRUCTURES SHEET: 2c • 1,820 oa° W 1/4 CDR., SEC. 1 MAINTAIN SLOPES TO THE RIVER, AREA NOT DISTURBED a I a i Q STRUCTURE INFO: 4720 4 MO 4/70 4,60 4770 . aiO60 474 O30 4750 MAINTAIN SLOPES TO THE RIVER, AREA NOT DISTURBED \14 - NOBLE ENERGY GAS WELL, PLUGGED AND ABANDONED WELL (PMA) CELL 1 TO BE RECLAIMED UPLANDS RECLAIMED TO "4720 EL, SLOPE TOWARDS THE RIVER AT 0.5% C • I / NOBLE GAS WELL SHUT IN (SI) 0 7F - D PDC GAS WELL (SI) -Cr V. 1 I 4 720 .4-- DISTURBED AREAS RECLAIMED UPLAND GRASSES 3H:1V RECLAIMED SLOPE 3H:1V RECLAIMED SLOPE C. G' oic-a OVERHEAD ELECTRIC LINE TO POTENTIALLY BE ABANDONED (PSCO) t- "so so 4%461 cc l l J 0 a a a _ N, tJNE S 2 SLC. I SPILLWAY INVERT EL:4719 WIDTH:226', 5H:1H SIDE SLOPES " . 'NOBLE ENERGY GAS W EIS, PLUGGED AND ABANDONED WELL (P&A) 3H:1V RECLAIMED SLOPE 476; _ 1 0 NOBLE ENERGY - GAS WELL, PRODUCING 3 WELL (PR).,,s re -C 3 -VERTICAL FEET (9 LINEAR FEET) RECLAIMED SHORELINE TYP. ON ALL SHORELINES CELL 3 RECLAIMED WATER STORAGE, TOP EL: 4720, BOTTOM 4690 GASLINE TO BE RELOCATED (FUTT ) CSC 0.4 rue, AC. AMENDED PARCEL RECLAIMED UPLANDS CELL 2 COMPLETED WATER STORAGE (TOP EL 4730, BOTTOM 4700) CENTRAL COLORADO WATER CONSERVANCY DISTRICT IS CURRENTLY STORING WATER ONSITE FOREBAY (CCWCD) FOR WATER STORAGE VARIOUS BUILDINGS OWNED BY LAND OWNER OVERHEAD POWER (PUBLIC SERVICE OF COLORADO) GAS LINES/FACILITY (PDC WELLS, NOBLE WELLS & DCP GASLINES) BUILDINGS (TOWN OF MILLIKEN PROPERTIES) GASLINE/FACILITY (BERNHARDT DELBERT LSR TRUST) IRRIGATION DITCH/ BIG THOMPSON & PLATTE RIVER DITCH (LITTLE WALKER PROPERTIES OF COLORADO) IRRIGATION DITCH/BIG THOMPSON & PLATTE RIVER DITCH (BERNHARDT DELBERT LSR TRUST) HOUSE/BUILDING (STEVEN & KAREN KIELAN) IRRIGATION DITCH/BIG THOMPSON & PLATTE RIVER DITCH (JOHN & SHARON KIELAN) WCR 25 & ROW (WELD COUNTY PUBLIC WORKS) WCR 48 & ROW (WEI D COUNTY PUBLIC WORKS) WCR 23 & ROW (WELD COUNTY PUBLIC WORKS) HOUSE/BUILDING (JERRID KERN & BROOKE WAGNER) BIG THOMPSON & PLATTE RIVER DITCH - S S — c S AFFECTED LANDS: DUKE s CONVEYOR PROPERTY: VARIOUS FLOODPLAIN INFO: OUT BUILDINGS FLOODPLAIN INFO IS FROM FIRM FLOOD INSURANCE RATE MAP PANEL NO. 0802660750C EFFECTIVE DATE: SEPTEMBER 28, 1982 EXISTING VEGETATION: FALLOWED AGRICULTURAL LAND SURVEY INFO: S KING SURVEYORS 650 E. Garden Drive I Windsor, Colorado 811551) phone: (970) 686-51)11 I email: info�aK.ing5urvevors.com APPLICANT: BESTWAY CONCRETE & AGGREGATE 301 CENTENNIAL DRIVE MILLIKEN, CO 80543 I S O s NOTE: — -S 1►. ' MAINTAIN SLOPES TO THE RIVER, AREA NOT DISTURBED EXCEPT CONVEYOR AREA WCR 48 S CIVIL RESOURCES, LLC. IS NOT RESPONSIBLE FOR SAFETY, IN, ON, OR ABOUT THE PROJECT SITE, NOR FOR COMPLIANCE BY THE APPROPRIATE PARTY OF ANY REGULATIONS THERETO. THESE MAPS WERE PREPARED BY CIVIL RESOURCES, LLC. IN COOPERATION WITH BESTWAY CONCRETE. BESTWAY WILL KEEP THE DIVISION OF RECLAMATION MINING AND SAFETY INFORMED OF ANY CHANGES TO THE MINING OR RECLAMATION PLANS THROUGH ANNUAL REPORTS AND FILE TECHNICAL REVISIONS AND AMENDMENT APPLICATIONS AS NECESSARY THROUGHOUT THE LIFE OF THE MINE. S ) »- - 2 - ---�-- s g_ DUKE s SPILLWAY INVERT: 4717 WIDTH :240', 5H:1H SIDE SLOPES NOBLE ENERGY GAS WELL, PRODUCING WELL (PR) L CELL 5 RECLAIMED WATER STORAGE TOP EL: 4720, BOTTOM 4690 3H:1V RECLAIMED SLOPE SPILLWAY INVERT: 4716 WIDTH:165', 5H:1H SIDE SLOPES \ N. NOBLE GAS WELL CELL 4 RECLAIMED (SI) WATER STORAGE N. , \ TOP EL: 4720, BOTTOM 4690 \\ S S. LINE SW /4 COMMON NAME (VARIETY) SCIENTIFIC NAME LBS PLS/ACRE SAND BLUESTEM SAND LOVEGRASS INDIAN RICEGRASS PRAIRIE SANDREED GREEN NEEDLEGRASS LITTLE BLUESTEM YELLOW INDIANGRASS SWITCHGRASS SAND OROPSEED (CHAMP, CHET) (BEND, NATIVE, NE27) (NEZPAR, RIMROCK) (GOSHEN) (LODORM) (BLAZE, CIMARRON, CAMPER) (CHEYENNE, HOLT, SCOUT) (BLACKWELL, NEBRASKA 2B) 1 2.5 3 0.75 1.5 0.75 0.5 1.5 0.5 TOTAL LBS PER ACRE: 12.0 11 I I. PERMIT BOUNDARY 100 YR. FLOODPLAIN EXISTING 4840- EXISTING ORE EXISTING POWER -G- EXISTING -T- EXISTING X - EXISTING e DITCH 2' CONTOURS OVERHEAD a - MAINTAIN SLOPES TO THE RIVER, AREA NOT DISTURBED 9.0,50 NOBLE ENERGY GAS WELL, PRODUCING WELL (PR) i SPILLWAY INVERT: 4715 WIDTH : 240', 5H:1H SIDE SLOPES B/G GASLINE TO BE RELOCATED (FUTURE) --- AREA LEFT UNDISTURBED PDC GAS WELL . (PR) 60.0 ROW GAS LINE TELEPHONE LINE FENCE SECTION LINE EDGE OF UNPAVED ROAD STRUCTURES SOILS CLASSIFICATION BOUNDARY MONITORING WELLS X SEEDING SPEC FOR UPLAND AREAS: LEGEND: MAINTAIN SLOPES TO THE RIVER, AREA NOT DISTURBED WCR 4 IR EXISTING ROAD R.O.W. PROPOSED ROAD R.O.W. EXISTING TREE EXISTING GAS WELL 0 EXISTING TANK BATTERY 7-TESTHOLE NUMBER 1R-6 NUMBER OF FEET (3.57-12.0) OF OVERBURDEN S NUMBER OF FEET OF GRAVEL RESOURCE 3 WATER WELLS m 03 BFE "4974 - FIRM ,4971) PROPOSED MONITORING WELLS BASE FLOOD ELEVATIONS 42 14 E 1/4 COR. SE COR., SEC. I NORTH I00 200 ( IN FEET) Know What's below, Call before you dig. I CIVIL RESTPURCES, LLC 323 5th STREET P.O. Box 680 FREDERICK, CO 80530 303.833.1416 WWW.CIVILRESOURCES.COM W.CIVILRESOURCES.COM BESTWAY CONCRETE, INC. 301 CENTENNIAL DR. MILLIKEN, CO 80543 970.587.7277 CONTACT: MARK JOHNSON CONVEYOR AMENDMENT TO M2002-120 REVISIONS NO DESCRIPTION DATE I 2 3 ADQ REVIEW ADQ REVIEW 2 ADQ REVIEW 3 7/18/19 9/11/19 101119 DESIGNED BY: XXX DRAWN BY: XXX CHECKED BY: XXX DATE: xxx XX, 2014 SCALE: AS NOTED AS NOTED JOB NO.: Value DWG NAME:DRMS-FIGS.DWG RECLAMATION PLAN SHEET: 3 GROUNDWATER MONITORING LETTER October 1, 2019 Mr. Eric Scott Division of Reclamation , Mines, and Safety 1313 Sherman Street, Room 215 Denver, Colorado 80203 RE: Bemhardt Gravel Mine Amendment 1, Permit No. M-2002-120; Groundwater Monitoring Dear Mr. Scott Bestway Concrete & Aggregate will continue to monitor groundwater levels in the surrounding wells across the Bernhardt Gravel Mine Site. Please call if you have any questions. Sincerely, Betsway Concrete & Aggregate Mark Johnson Manager EXHIBIT L - BONDING COST EXHIBIT L - RECLAMATION COST Activity Quantity Units Unit Costs Cost A. Phase 1 - 100% mined (settling pond) 1 Backfill Settlin. Pond 5 acres/10 feet deep 81,000 CY $ 3.00 $ 243,000.00 Subtotal B. Processing area. Processing equipment is portable and would be 1 Move serge piles into settling pond 1,000 CY $ 0.75 $ 750.00 2 Remove concrete pad for wash plant 15 CY $ 65.00 $ 975.00 3 Demoish and remove shop 1 LS $ 2,000.00 $ 2,000.00 4 Remove concrete footings for office 8 CY $ 65.00 $ 520.00 5 Remove concrete base for scale 10 CY $ 65.00 $ 650.00 6 Scarify ground 11 Acres $ 150.00 $ 1,650.00 7 Spread 12" topsoil 17,743 CY $ 0.75 $ 13,307.25 8 Seed and Mulch 11 Acres $ 900.00 $ 9,900.00 9 Remove Conve or Belt & Reclaim 1 LS $ 15,000.00 $ 15,000.00 � .. .... _, .., Y 2.s d..,, <.. h Subtotal �; � " ...., F SF d'«MI C. Settling Pond and Perimeter Seeding, including Amended Area & shorline 1 Seed (all perimeters includin. 30 foot buffer and amended area) 37.00 Acres $ 900.00 $ 33,300.00 t z :r �. Subtotal ' i'`° D. Slurry Wall @ 20% and 100% Installation Cost ($5 per SF) per DRMS Bonding Requirement. Assumes 40' average depth (including 4' key into bedrock) Cell 2 and Cell 3 @20%, Cell 4 at 100%, excludes Cell 5, as no disturbance for2yrs 224,312 SF $ 5.00 $ 1,121,560.00 ' : Subtotal. E. Rundown Spillways Cells 3, 4, and two spillways at Cell 5 (includes haul, placemnet and type II bedding) 5,058 TONS $ 71.50 $ 361,647.00 �sg.� � �k�az �waHatY: A�v�&S`§A^M. K+9^iix.Era»&'w,da.Y.,ui �$+,Y�+'-1aua.n�sAam.adb.SN''n,'h+5E'.3;'.Mi'1�,$.a rid: SubtotalK+„ ' ��'dAr� Total Disturbance Costs $ 1,442,612.25 Contractor Mobilization (8%) $ 115,408.98 Overhead (18.5%) $ 266,883.27 Administration 5% $ 91,245.22 P-Wo, `•9� ey �` y{n _ `� a a.. t Indirect Costs Overhead & Profit Performance Bond (2.02%) - Based on DRMS estimate $ 36,446.04 Performance Bond (3.07%) - Based on DRMS estimate $ 18,944.72 Job Superintendent (240 hours @ $75/hr) - Based on DRMS estimate $ 18,000.00 Contractor Mob and DeMob (3%) - Based on DRMS estimate $ 54,127.78 Contractor Overhead and Profit (10%) - Based on DRMS estimate $ 180,425.93 Subtotal $ 307,944.46 Contract Amount (direct + O & P) $ 2,112,203.71 Legal, Engineering & Project Management Financial warranty processing (legal/related costs) ($500) $ 500.00 Engineering Work and/or contract/bid preparation (4.25%) $ 89,768.66 Reclamation management and/or administration (5%) - Based on DRMS estimate $ 105,610.19 Contingency (3%) $ 54,127.78 Subtotal $ 250,006.62 Total Indirect Costs $ 557,951.08 Fiore & SONS, INC. Earthwork Demolition Site Utilities Structural Excavation Overlot & Finish Grading Earthwork Description Mobilize (If necessary) Survey River Diversion Erosion Control Measures Excavate, Prep and Backfill Diversion Structure Sheet Piling PZ-22- non coated Concrete Structure Buried Rip -rap Dike Type H RipRap (30" Thickness) Imperial Smart Gates 2 EA $ 28,980.00 Sluice Gate 0 EA $ 20,975.00 Dewater Support (4 weeks Generator & Permit) 1 LS $ 28,980.00 Reclaim Site 0 LS $ 4,000.00 QTY Unit Unit 1 LS $ 6,000.00 1 LS $ 3,200.00 1 LS $ 2,000.00 1 LS $ 38,000.00 1540 SF $ 31.80 1 LS $155,000.00 150 CY $ 85.00 95 CY $ 85.00 SUBTOTAL Bond @1% $ Total 6,000.00 3,200.00 2,000.00 38,000.00 48,972.00 155, 000.00 12,750.00 8,075.00 57,960.00 28, 980.00 $ 360,937 1 LS $ 3,609.37 $ 3,609 TOTAL $ 364,546 CIVIL_ RES'OURCES,LL.C ENGINEERS & PLANNERS September 18, 2019 Mr. Eric Scott Division of Reclamation, Mines, and Safety 1313 Sherman Street, Room 215 Denver, Colorado 80203 RECEIVED SEP 1 9 2019 COMMISSIONERSCOUNTY RE: Adequacy Review 2 for 112 Construction Materials Reclamation Amendment 1 to the Permit, Bernhardt Gravel Mine, Permit M-2002-120; Response Dear Mr. Scott: This letter is being generated to satisfy the preliminary review dated August 21, 2019 for the Bernhardt Gravel Mine. The italicized items are the current comment and the bold text are the responses: The Division of Reclamation, Mining and Safety has completed its second adequacy review of your 112 construction materials reclamation permit amendment application. The application was called complete for review on May 3, 2019. All comment and review periods began on May 3, 2019. The decision date for this application has been extended to September 5, 2019. Please be advised that if you are unable to satisfactorily address any concerns identified in this review before the decision date, it will be your responsibility to request an extension of the review period. If there are outstanding issues that have not been adequately addressed prior to the end of the review period, and no extension has been requested, the Division may deny this application. In order to allow the Division adequate time to review your responses to any adequacy issues, please submit your adequacy responses to the Division no later than one week prior to the decision date (August 30, 2019). Please note that any changes or additions to the application on file in our office must also be reflected in the public review copy, which has been placed with the Weld County Clerk and Recorder This response has been delivered to Weld County for public review. The review consisted of comparing the application content with specific requirements of Rule 6.1, 6.2, 6.4 and 6.5 of the Minerals Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials. As with most applications, there are items that will require clarification of the existing information. Any remaining inadequacies are summarized below: All maps will need to show the revised permit/amendment boundary that corresponds to the existing fence -line on the south side of the amended property, not the parcel boundary as currently shown. Please also include full size color copies of all final maps included in the application. The maps and permit boundary have been updated. Full size maps have been include in the submittal. Please verify consistency in the mining and reclamation plans with respect to the statement that the amended parcel will not be mined. The maps have been updated. Exhibit E - Reclamation Plan will need to include spillway design information (sizing, capacity, etc.) and construction design information will need to be provided to verify adequacy of the proposed inlet/outlet structures. Please also verify the text in the reclamation plan that refers to fertilizer and trees for consistency with the provided adequacy responses. A spillway design memo, table and a typical spillway design drawing are attached. The text in the reclamation plan has been updated to be consistent with the plans. 323 FIFTH STREET • P.O. Box 680 • FREDERICK, COLORADO 80530 • PHONE: 303.833.1416 • FAX: 303.833.2850 PL C tlt.V, GW ©9(30(19 CC pw(srrt (CH fCK) 09/a5ttei 'C.51`1- 1"13O1 Page 2 Mr. Eric Scott September 18, 2019 Please verify Exhibit F - Reclamation Plan Map to depict the proposed final shoreline configurations and setbacks for the reservoirs in Cells 2 and 3 with respect to the existing utilities (electric, gas, etc). The maps have been updated to depict the most recent configurations. Should a change in configuration occur a technical revision will be submitted to the DRMS. Please verify the proposed locations of all spillway inlet/outlet structures on the Exhibit Reclamation Plan Map. Some justification should be provided as to why only one inlet/outlet structure is believed to be sufficient for Cell 5. Given the configuration of the cell and proximity to the river, DRMS feels a reinforced outlet structure located near the southeast corner of the cell may also be required to prevent stream capture during a flood event. A spillway design memo has been attached discussing the spillways in more detail. Please provide additional rationale for the statement made in the adequacy response for Exhibit G that "... the mining and reclamation are not expected to directly affect the surface or groundwater systems." Factors affecting surrounding groundwater due to slurry lining a mine are from shadow (decrease in water surface elevation) and mounding (increase in water surface elevation). The Bernhard Gravel Mine has been in operation since approximately 2004 and slurry lining of the cells began shortly thereafter. To date all mining takes place within lined cells and the northwest area has been a silt pond and fresh water pond since commencing mining around 2004/2005. As a result the dewatering effects and drawdown due to mine activity mine are very small if not insignificant since the slurry walls are working properly. Shadow and Mounding: The mining and slurry lining of the site started approximately 15 years ago. Cell 2 and 3 have are approved liners and Cells 4 and 5 are conditionally approved liners. There are two houses approximately 260 feet to the west of Cell 2. The average groundwater depth across the site is 8.5 feet below ground surface and the groundwater depth nearest the house was just reported as 13.5 feet below ground. The Cell 2 slurry wall was the first slurry wall to be installed and was approved in 2009. The homes to the west were constructed prior to the installation of the slurry wall. To date there have been no complaints or discussions with the miner, DRMS or the Division of Water Resources concerning a mounding effect west of Cell 2. This could be due to the depth to groundwater, the proximity of the mine to the river and the river acting as a natural groundwater relief but as stated earlier there have been no reports of mounding on the upstream or west side of the mine that have negatively affected adjacent structures. The downstream or shadow side of the mine does not contain many groundwater wells, irrigation ponds or areas that rely on groundwater. The area to the east is mainly agricultural (which is owned by the mining area land holder Bernhardt) with some industrial development to the southeast. The river might act as a groundwater control as it bisects the site and is within close proximity to the mining area. To date there have been no complaints or discussions with the miner, DRMS or Division of Water Resources concerning a shadow effect east of Cell 2. The miner continues to monitor groundwater wells onsite. Data is attached showing the location of the groundwater monitoring wells along with recent groundwater depths. Exhibit L - Reclamation Cost Estimate will need to include detailed information for the line item(s) for spillway construction. Reclamation costs provided will be reviewed by DRMS when all Page 3 Mr. Eric Scott September 18, 2019 adequacy issues have been addressed. This Exhibit should be updated as needed to reflect all changes made during the adequacy review process. The reclamation costs have been updated. Permittee still needs to obtain legal right of entry from Town of Milliken for the parcel in the permit located on the west side of the permit for Exhibit N, and information for Town of Milliken must be included in Exhibit O. The operator is waiting on the Legal Right to Enter. An email showing that the legal right to enter is pending is attached. For Exhibit S, please provide a separate map and a table indicating where the structures are located within the permit and within 200' of the permit, and information showing who owns what structures, so that the provided structure agreement mailing information can be verified to be accurate and complete. A separate map and table have been included showing the structures. All signed structure agreements have been included. DRMS has reviewed the updated stability report provided demonstrating that the existing setback from the powerline within Cell 2 (23 feet from shore to pole) is stable. DRMS noted that one of the assumptions made in the analysis is that the existing shoreline is at the final configuration and has been sloped at no steeper than 3:1, H: V. Has this assumption been verified, and if so, how? If the existing slope has not been verified to be 3:1 or flatter, please re -run the analysis utilizing more conservative value that would be representative of un-reclaimed mine slopes of 1.5:1 H.: V. If the existing setback cannot be shown to meet the required factor of safety under these conditions, the permittee will need to commit to immediately backfilling the existing Cell 2 shoreline to a stable slope/distance in the area adjacent to the overhead power line within 30 days. (3:1 slope or flatter as shown in the provided analysis, or a minimum 55' offset from the powerline as demonstrated by the original stability analysis). A copy of the structure agreement between Xcel/PSCO is included in this response and should be adequate to address this comment. In addition an updated analysis using 1.5 to 1 side slopes and the offset from the powerline of 23 -feet was performed. The results were within engineering standards and show an adequate factor or safety. All signed structure agreements are attached and proof of delivery are attached. This concludes the Division's second adequacy review of this application. This letter shall not be construed to mean that there are no other technical deficiencies in your application. Other issues may arise as additional information is supplied. Please remember that the decision date for this amendment application is September 5, 2019. As previously mentioned, if you are unable to provide satisfactory responses to any inadequacies prior to this date, it will be your responsibility to request an extension of time to allow for continued review of this application. If there are still unresolved issues when the decision date arrives and no extension has been requested, the application will be denied. If you have any questions, please contact me at (303) 866-3567 x8140. Page 4 Mr. Eric Scott September 18, 2019 CIVIL RESOURCES, LLC Andy Rodriguez, P.E End: Plans Legal Right to Enter Correspondence Reclamation Plan Bonding Cost Proof of Delivery to Clerk Structure Information Spillway Design Memo Groundwater Monitoring Information J:IBestway-2131bernhardt\DRMS Permit updatelAdequacylreview 21Adq-2-M2002-120-9-18-19.doc Bestway Concrete Mark Johnson, Manager UPDATED PLANS DIVISION OF RECLAMATION MINING AND SAFETY PERMIT M-2002-120-AM01 BESTWAY CONCRETE, INC. BERNHARDT GRAVEL MINE AM01 WELD COUNTY, COLORADO SET u - NOR IIT CONVEYOR AMENDMENT BOUNDARY - PROJECT LOCATION MAP CERTIFICATION: I HEREBY CERTIFY RIAi MESE PLANS FOR WE DRAM FERMI, FCR THE -WERE PREPARED UNDER MY DIRECT SUPERVIRON FORME OWNERSTHEREOF. 8Y: ANDREW R RODRIGUEZ. PE DATE: Ev/./,+ BESTOW CONCRETE INC.OOES HEREBY ACCEPT AND APPROVE THESE PANS FOR THE ORMS PER,. BY: AUTHOMZEDREPRESENTAINE BESTWAY CONCRETE. INC. PREPARED FOR: BESTWAY CONCRE I E, INC. 301 Centennial Dr, Milken. CO 30543 970 587 7277 PREPARED BY: CIVIL RES'DURCES, LLC 323 518 STREET P.O. 80%680 FREDERICK, CO 00530 303 833 1416 DARE: 01/012..9 REVISIONS 2, ... MmeYEW... i 9 wrt: iWluM6 Lw� SN9,u+y N SOILS LEGEND: ��' o nii xsm r+A�uu 35 PrR..En7taPE., o acEHrYs'disa r., , � Kx_A� .iz P.R.I.r 5,,x.. V Pv,c+r ar S)NUC IJRL INFO: AEVFC IF)) 40)15: Punt -IO 17,0 710I ame rux m_w, xn 3. 3°/33 A 03 ea,lnes s7) fRRIONIION 13146/.3.0.13.13004 60,wit cL r 0.0.7+13, a U9J- I YIN INFO: • rR3sp a °ww (Si,. r< KAREN wEuw) OfiCA/AM 04 A ci, �,o4n A Eup IYArn:.Nrr sw,i rmRxs) RIM (YAM cu..RI3 el m..rcRxs) I)::S NfJ(; V},;;L IAiIUN em 4A3 RORCUC 00CN M1 Rn a nR.NMC wA3M ) 1 n13.w:.1 ntMIOI Mil. LAW) 7 Wm f.1.0013 NICE RAM nM R4.31. . 06326604340 01)0014 INfl: LL KING SURVEYORS a.o E r.„..13 .e I 73.4447, ColNo.,0350 APPLICANT: v.... ROARK 33 A ia<tu..IE wi R Rt,r,C. NOR FOR C64.0713.1(7. eY" tAl6.00066 . v PREPARF0 NV CAI ARDnFORtnFDE.,Ar 25rr( O 4,70 ARA 7137.5 ns` r ROASSARY :41auorwi I., , 0FAnU PLC f313310.30 1.3 4.IR N r • 10 ;• ate"—Y•r°d \ °ar PARA I Ea ,00A. EWA,. 17704 —n — OUSTING OVERN340 EAST,.z ONTOPOWER Q 3337 Lf. =—_. mer, wR1" s NOW fOR60 0,303LE WV,. 73000 3737A WAN 03700 0.37337400. 811 Bekrx. can Axfareloe Os. 1.57,5 IVIL RES"9URCES, LLC 33 St6 STREET 3 P.O. Box fiflO FREDERICK, CO 80530 303.833.1816 wW W.Cor8.853OINCE5.C.OM BESTWAY CONCRETE, INC. 474. 337 7277 coN7Auf 0444 30.330N CONVEYOR AMENDMENT TO M2002-120 NE7 of. N.AI 4.73Yy1c om. x... .es gflrFo_ HISTORIC CONDITIONS 2a OVIL RES'VURCES, LLC C? U SURYTY iN O: FO rt: LL.LrrC: ST?JCTURE INFO: AEI'EC RD LAWS: ;ZHigctitiark, - ONES 37 E- OVERHEAD POWER ( `. ,,,,,_. C0,1 . nreWncu. ORE MON. PERI, SLINKS: CITTIROMR I WEI , a DCr RKTIN „ IRRIGATION DITCH/ PROPERTIES OT Coto,' 01 F1OO Pt -AI 1 N4 e4 cn rsoR_ ,,,00 I1 uroeu.00K(SEDIER A KAREN aA IWIST) IRV LE ITA u.�v WOO' ME-nW ONES srrirNRra TR ISIK MI TKO 525 G N c +WKS, EXIS PING VET TA TON: .rot 23 a ROW fml0 COON( rum, NOR / LE ROW ,E,RO COOK( RUNIC �K, __....__........_... e0bSE/0ENTER IES KERN ErIcoKE ..nrea+ 'Al -._..............._............. 0..swSm�.-« mrc. nuxiwl�ux i ��nr, S',tarn SURVEYORS OE. l Om, Infr) il . If nC g.nf ...n APFL. CAN '4,15L CE 90543 N �,\ \\ �� iW \ N C:;ThIscrnxcEs. IS "TOT REPRO., E. 10A S FROISCE ST . SOS FOR ."'a,R,.E n, . E nR.Ro R..r.Rm Rnr K KRIM ANC SIffrEl, 'Ora., ANNUAL ',PORTS AND O nt�ifCu�x CM IHESAXI.0,1,TI r APPLICATIONS a, NECtSSARII IIIRSUKEOUT THE LIFE Er ME MERE 'JO TO FLOOCOLANT n FENCEarl ¢xRNC .T.. LE, a., uW.n2.,O RUti •L) PROPOSED ROM ff. OW rft m-o+..i ru svxC. 0 ti gIfolOrrIlaf Know M., bOlOW. Call term yeti dig. 323 SM STREET v.o. Son fi00 FREDERICK, CO S0530 303.033.14LE W W W.CNTIRESOURCES.CON EESTWAY CONCRETE, INC. CEISTEAHI, OR. MILLIKEN" CO 00.12 77,56,1277 CONTACT: NOW JOHNSON CONVEYOR AMENDMENT TO M2002-120 ARISICINS a-KSWera" I OM, I KR,. %R. SCIISITOISR MORO 817 r..e NCIAI EXISTING CONDITIONS/ MINING PLAN 2b 1 Ji STRUCTURE INFO TABLE / GA_ ONES/GAL, IPDO H.0 0 GP - a n.. GRSE L.. OTKae., T Ps: x.LT:8;+++n.cv P rc,-.c PAL., ., ...i xa+uv, • /• N a / C GpwAY GA LEGEND: 1 � SE OCUROART '00 YR a`wxP.Aw sus!. xc GASofxE x.E EDER or UNPAVED ROAD S • UNSUNG 'RES GUSTING RAS (P&& of` skx4 nwomo trwancr i. m �rB.inauwxx & AUAHL KCSW,KY • k� E4PR AAP,!MIDAS Call eelorelouelg. sTRuCARRES SOILS CLASSiFICAVON g WAFT.. wELLS *ARP NEL. NELLS BASE ELEVPRORS CIVIL RES'DURCES, LLC 333 5M STREET fREBER P.OI.CK, rCO B600 OS]B Crr ."5WRC wwW. FS.COM BESTWAY CONCRETE, INC. 30.1 CFArIWIL.1. OR. MILLIIRN. C0 00s0 7277 CONVEYOR AMENDMENT TO M2002-120 RESURREARG:Dawn eavc eA& 0,C scutASfl STRUCTURES 2c MAINTAIN SLOPES TO THE RIVE AREA NOT DISTURBED CIREPREPPY ,,.IP6 .P w LL. - CELL 1 TO RE RECLAIMED UPLANDS RECLAIMED TO 4720 EL, SLOPE TOWARDS THE RIVER AT 0,505 DISTURBED AREAS RECLAIMED UPLAND *� - GRASSES MAINTAIN SLOPES,- TO THE RIVER, ' AREA NOT DISTURBED SNOT C DPI' INI9.92094, 0: ,.,....,,..I-Ppi Cie CS0,0922.21........92x0 OE...............4n._ fl • 3H:- 14 RECLAIMED SLOPE 'H'T '"Y /� - LF RECIALMED'JP --! -'� -6 AC AMENDED PARCEL ..--- '. `" . -` = ".-a �,�—� LANDS ggq��R: I 1 J_ _ MAINTAIN SLOPES TO THE RIVER, -- I � 1 AREA NOT DISTURBED EXCEPT ;• CONVEYOR AREA Iii I rl pQ a j,r I I:. L. I 4+ INVERT WIDTH:226 4710 v ItSIDE SLOPE 50: IM SIDE SLOPES 3 -VERTICAL FEET (9 LINEAR FEET) RECLAIMED SHORELINE TYP. ON ALL SHORELINES CELL 3 RECLAIMED LIE WA472TER BOTTOM 4600 II GASLINE TO BE RELOCATED(FUTJ5E) ArrECTED ARTS MAINTAIN SLOPES - -- TOTHERIVER, AREA NOT / DISTURBED SPILLWAY 1 nrE I '7 lw INVERT: 4717 " WIDTH:2400', f � + P SH:1H L CELL S RECLAIMED I IO SIDE SLOPES WATER STORAGE TOP EL: 4720, BOTTOM 4690 — CELL 2 COMPLETED WATER STORAGE (TOP EL 4730, tt,BOTTOM 4700) CENTRAL COLORADO WATER CONSERVANCY DISTRICT IS CURRENTLY STORING WATER ONSITE s 1:7 W0 �-00LLS i.S OP2CTOR PRVRER.., vNt.w- w Hui r Cr03 R,;n 99Is IR RI ,a laud a:rs U EOL(MWOI FLOOD"LAIN IN)O: R u6EN KIR+R) v:CII 25RVR NTr V C 9,491 ae T,CR El n RIO FORTE CCam ,0 ' kaaid n 424.10.02 KEnn x YN 6Wx! w0C21,2 eili !YEEvE DAIL. S2, !+_Eli ES. 952 EXISTING VEGETA7ION: -• Ar IEiW[DI SURVEY sirs: KING SURVEYORS ARP LICAN C 2.4929294, CC SUS, GCRECSTP NOIC, t. . I�ESLt T.- L.C .NI PREP., =Y LC Iry r, Or ,CLANAICH :NC NFONMED Cr iNAK.ti rnr 9.20N0 445 3r.(200, 022009PS Ps. 14, ,wcur RIC COE T 3H:IV RECLAIMED SLOPE uRc SEEDING SPEC FOR UPIANG AREAS: 002,9405 99R4 SupxociC 924.9. CaMal+: 3959 test.ASS Ixx6, R..i:c. '49,1 SPILLWAY INVERT: 4715 WIDTH:240', SH:1H SIDE SLOPES I r SPILLWAY ', INVERT: 4716 WIDTH:165', SH:1H SIDE SLOPES ''",. RIO ~"' GA -SLIDE TO BE C) RELOCATED RELOCATED (FUTURE) -- „ ,, CELL 4 RECLAIMED -- WATER STORAGE TOP EL: 4720, BOTTOM 4690 MAINTAIN SLOPES ! TO THE RIVER, AREA NOT €DISTURBED LROAD 2 0 VI TIEIIII: xu%wmm . DR yN.M PT.n_rp 040 PEP 00-•00,92. , a 9EaP u. Ib cn ,t, Rr Nxnvtn +A) .a Arm JReu'-n VI 4PWICI ac n1.15 VCR - 2,599C 0,0,90 SMILE liry9 onf o rzlsrrt.c .Rxx 6AI, ar - yss,X.51ING II - - R- ENS4N0 rry E EKE or ',WAVED ROAC 5 C U f NCI. (WING W17 0 001, ELF,ICNS 1 44 `I am": *ma *wit WOK Cal befsee 4Rmw I CIVIL RES—OURCES, LLC: 323 SM STREET P.O,909 UM E ER:CK, CO ROSSO x63,633,1.16 W W W,CIVILRESOURCES.COM BESTWAY CONCRETE, INC Pla.092 Tin CONVEYOR AMENDMENT TO M2002-120 REvIstoRS I CAN .ma, xsx ,SnRQA cxEnm A,: xuJ E ,•-XRW±A'VSR,lrR4 RECLAMATION PLAN 3 LEGAL RIGHT TO ENTER CORRESPONDENCE Andy Rodriguez From: Sent: To: Cc: Subject: Matthew Gould <mgould@bell-law.com> Wednesday, September 18, 2019 8:36 AM Mark Johnson Andy Rodriguez RE: legal right enter Mark: I apologize for my delay. I am working on this now. Matt From: Mark Johnson <Mark.Johnson@burnco.com> Sent: Tuesday, September 10, 2019 9:52 AM To: Matthew Gould <mgould@bell-law.com> Cc: Andy Rodriguez <andy@civilresources.com> Subject: RE: legal right enter Yes sir that will work. Thanks m C Mark Johnson Compliance Manager / Facilities and Acquisitions Phone: (970)-587-7277 Email: mark.johnson©burnco.com Excellence • Integrity • Passion From: Matthew Gould <mgould@bell-law.com> Sent: Tuesday, September 10, 2019 9:50 AM To: Mark Johnson <Mark.Johnson@burnco.com> Subject: RE: legal right enter [External Email] Mark: Thank you. I'm afraid I'm running a bit behind on this. Here is my question. If we back this up with a separate agreement that essentially states that the rights granted in this instrument will not be exercised, can we record that separate agreement? I'm looking for a way to give you what you need for the state without risking any compromise to the use of the site by any assignee who might not be bound by an unrecorded agreement. Matt From: Mark Johnson <Mark.Johnson@burnco.com> Sent: Wednesday, September 04, 2019 10:26 AM 1 To: Matthew Gould <mgould@bell-law.com> Subject: FW: legal right enter You move it around or whatever. Mark 303.435.4455 al Mark Johnson Compliance Manager / Facilities and Acquisitions ac Phone: (970)-587-7277 irj Email: markjohnson(c7r,burnco.com Excellence • Integrity Passion From: Andy Rodriguez <andy@civilresources.com> Sent: Wednesday, September 4, 2019 8:29 AM To: Mark Johnson <Mark.Johnson@burnco.com> Subject: FW: legal right enter [External Email] Her is the legal right to enter document in word format. From: Andy Rodriguez Sent: Thursday, July 11, 2019 8:05 AM To: 'Mark Johnson' <Mark.Johnson@burnco.com> Subject: legal right enter 2 September , 2019 BURNCO Colorado, LLC dba Bestway Concrete & Aggregates 301 Centennial Drive Milliken, CO 80543 RE: Legal Right to Enter To Whom it May Concern: In exchange for good and valuable consideration, the Town of Milliken hereby grants to BURNCO Colorado, LLC, dba Bestway Concrete & Aggregate ("Bestway") the right to enter into the real property described in Exhibit A ("Property"). You and your officers, employees, contractors, and agents have permission to enter upon the Property for all purposes, including the exploration for gravel, sand and aggregate. We hereby confirm that you have authority and right to execute all documents required to apply for and obtain permits and the like to mine gravel, sand and aggregate and access the Property. Following permitting, Bestway agrees to enter into a Sand, Gravel, and Aggregate Mining Lease to remain in effect until mining activity ceases. The permission granted by this letter shall be effective immediately, and shall remain in effect until superseded by a Sand, Gravel and Aggregate Mining Lease or until 2025, whichever comes first. Notwithstanding any other provision herein to the contrary, the permission, rights, and obligations set forth in this letter shall be subject in all respects to the terms of the Access Implementation Agreement between the Town of Milliken and Bestway dated Town of Milliken By: Print Name: STATE OF ss. COUNTY OF The foregoing instrument was acknowledged before me on , by , as of . Witness my hand and seal. My commission expires: Notary Public EXHIBIT A - LEGAL DESCRIPTION OF LEGAL RIGHT TO ENTER LANDS Parcel 1: A PARCEL OF LAND IN THE NORTHWEST ONE-FOURTH OF THE SOUTHWEST ONE- FOURTH (NW 1/4 SW 1/4) OF SECTION 1. TOWNSHIP 4 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER (SW COR.) OF SAID SECTION 1 AND CONSIDERING THE WEST LINE OF SAID SECTION 1 TO BEAR NORTH 00°00'00" EAST WITH ALL BEARINGS CONTAINED HEREIN RELATIVE IHERETO: THENCE NORTH 00°00'00" EAST ALONG SAID WEST LINE OF SECTION 1, 1702.97 FEET: THENCE NORTH 90°00'00" EAST, 30.00 FEET TO THE TRUE POINT OF BEGINNINf%_THENC.E_ NORTH 00°00'00" EAST, 208.71 FEET; THENCE NORTH 90°00'00" EAST, 104.35 FEET; THENCE SOUTH 00°00'00" WEST, 208.71 FEET; THENCE SOUTH 90°00'00" WEST, 104.35 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS ONE-HALF (1/2) ACRE; and Parcel 2: A TRACT OF LAND BEING A VACATION OF WELD COUNTY ROAD 23 RIGHT-OF-WAY LYING IN THE SOUTHWEST QUARTER OF SECTION 1 AND IN THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP- 4 NORTH, RANGE 67 :{ ES -T OF THE 6T" P.M. COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; SAID RIGHT-OF-WAY TO BE VACATED SHALL BE THE WEST 30.00 FEET OF SAID SOUTHWEST QUARTER AND THE EAST 30.00 FEET OF SAID SOUTHEAST QUARTER LYING NORTH OF THE SOUTH 1,70197 FEET OF SAID. QJ JARIEyRS_ LYING_ A)UIH_ OF THE BIG THOMPSON RIVER. ACCOUNT: R4476686 PARCEL: 105901000022 EXHIBIT E - RECLAMATION PLAN EXHIBIT E - RECLAMATION PLAN - ADQ 2 This information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.5 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: The proposed mining and reclamation plan focuses on minimizing the ecological impacts of mining, minimizing the length of time of impact, and maximizing long-term benefits. The mine is currently: Cell 1 — mined out, silt storage and fresh water pond — not reclaimed. Cell 2 — mined out — slurry wall approved and water currently stored — partially reclaimed Cell 3 — mined out — slurry wall approved — actively being reclaimed, finalizing slopes, cleaning the bottom, shoreline reclamation and perimeter seeding remain. Cell 4- partially mined — slurry wall provisionally approved, actively being mined. Cell 5 — minimum disturbance for provisional slurry wall test. Amended Area — minimum disturbance with conveyor going through. Area will not be mined. (a) A description of the type(s) of reclamation the Operator proposes to achieve in the reclamation of the affected land, why each was chosen, the amount of acreage accorded to each, and a general discussion of methods of reclamation as related to the mechanics of earthmoving; The mined area will be reclaimed to existing grade around the buffer areas or perimeter of the Ponds. Each pond except for Pond 1 will be reclaimed water storage with an approved slurry wall. The amended area will not be mined and the minimal disturbed area where the conveyor passed through will be reclaimed as upland. The area will be fine graded back to existing grades, which is 0.5% towards the northwest/Big Thompson River. Pond 1: 27.76 acres, approximately 11 acres of this Pond is silt storage and fresh water pond. Pond 2: 25.8 acres, approximately 50 -percent is water storage. Central Colorado Water Conservancy District owns the approved storage pond and stores their water rights in that pond. Pond 3: 3 acres of perimeter seeding and above water line seeding, otherwise this pond is nearing completion of reclamation below high water line. CCWCD installed a spillway in the northwest corner of the pond earlier in the year. Pond 4: 12.5 acres, which is overestimated as the slopes are reclaimed on the south side at 3:H1V. Typically during active mining the miner does anticipate like to "open up" more than 10 to 20 acres at a time. Refer to Exhibit F for the acreages and additional details, including grades and pond configurations. Bestway Concrete & Aggregates — Conveyor Amendment -Bernhardt Mine — MLRB 112 Permit Application Exhibit E -1 Earthmovinq The topsoil will be replaced by a scraper and generally graded with a blade or dozer. All grading will be done in a manner that controls erosion and siltation of the affected lands, to protect areas outside the affected land from slides and other damage. In addition, all backfilling and grading will be completed as soon as feasible after the mining process. All disturbed areas will be regraded and smoothed to a finished grade that is suitable for revegetation or the final land use. As noted previously, the area will be reclaimed as mining commences. Finish grading, topsoil placement and seeding will occur once the resource is completely removed. A typical cross-section of the shoreline is included on the Reclamation Plan Map. (b) A comparison of the proposed post -mining land use to other land uses in the vicinity and to adopted state and local land use plans and programs. Once returned to existing (pre -mined) grade, the site can return to being farmed. The water storage reservoirs will be compatible with the other land uses in the vicinity, which includes farmland, industrial land, and rural residential. (c) A description of how the Reclamation Plan will be implemented to meet each applicable requirement of Section 3.1. The Operator will carry reclamation to completion with reasonable diligence. Reclamation will be completed within one to two years from completion of mining, but not more than five years from the date the Operator informs the Board or Office that such phase has commenced. The reclamation is ongoing. To date: Pond 1 will be backfilled and remains open water for silt storage and fresh water. Pond 2 has been reclaimed approximately 70%, Pond 3 is approximately 80% reclaimed. Pond 4 is being mined and will be complete in the next year. Pond 5 has been disturbed slightly to begin the slurry wall leak test but will be backfilled and left unmined until Pond 4 is complete. Typically the mining is 3H to 1V and the pond/mining area is reclaimed as the miner continues. Fine grading and revegetation are also ongoing. Pond 2 has been a water storage area for some years and Pond 3 is in final reclamation. Pond 4 should be complete in a year and reclamation will continue shortly thereafter. Pond 5 will be mined after Pond 4 and is completed in a year. Reclamation takes approximately one year. The range of slopes across the site will be 0.2% to 2% which is very close to the native/historic grade and 3H to 1V side slopes/excavation slopes for the reclaimed water storage reservoirs. Section 3.1.5 Reclamation Measures Material Handling Grading will be performed to help control erosion and siltation of the affected lands through phased mining, implementing good operation techniques to handle material as little as possible, and vegetation of stockpiles remaining in place for more than one growing season. Although the use of erosion protection devices is not anticipated, if deemed necessary by the Bestway Concrete & Aggregates — Conveyor Amendment -Bernhardt Mine — MLRB 112 Permit Application Exhibit E - 2 operator at the time of excavation, silt fence and haybale dams will be installed to prevent erosion. Backfilling and grading will be completed as soon as feasible after the mining process is complete. Maximum slopes and slope combinations will be compatible with the configuration of surrounding conditions and selected land use. Mining will occur at a slope that is stable. The site will be reclaimed to grades consistent with pre -mining elevations. The operator will backfill using fill material generated on -site, or imported inert fill generated outside the permit area. If any inert off -site material is used as backfill, a notarized letter will be submitted to the Division as required by Section 3.1.5(9) of the MLRB Construction Material Rules and Regulations. It is not anticipated that mining will uncover any refuse or acid-forming or toxic producing materials, however if any such materials are encountered the operator will take precaution to handle the materials in a manner that will control unsightliness and protect the drainage system. Drill or auger holes that are part of the mining operation shall be plugged with non- combustible material, which shall prevent harmful or polluting drainage. Any test pits, soils boring holes, or monitoring wells not located within the mine excavation limits will be plugged as soon as it can be confirmed that they are no longer needed for the operation. Mined material to be disposed of within the affected area will be handled in such a manner so as to prevent any unauthorized release of pollutants to the surface drainage system. No unauthorized release of pollutants to groundwater shall occur from any materials mined, handled or disposed of within the permit area. Section 3.1.6 Water -General Requirements The Operator will comply with applicable Colorado water laws governing injury to existing water rights and with applicable state and federal water quality and dredge and fill laws and regulations. The operator will develop and comply with a stormwater management plan and will use best management practices (BMPs) to ensure groundwater and surface water are protected to the greatest possible extent. BMPs include schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the pollution in runoff from the site. Section 3.1.7 Groundwater - Specific Requirements The Operator will comply with the applicable standards and conditions for classified and unclassified groundwater. Section 3.1.8 Wildlife: The mining and reclamation plans have been designed to account for the safety and protection of wildlife on the mine site. The Operator will use concurrent reclamation methods to minimize the impact on wildlife. The proposed reclamation plan may improve wildlife habitat. The proposed seed mix and plantings will create improved cover, foraging, roosting, and nesting areas for wildlife. The water area within the reservoir will serve as habitat for waterfowl and other bird species and the fringes of the reservoir Bestway Concrete & Aggregates — Conveyor Amendment -Bernhardt Mine — MLRB 112 Permit Application Exhibit E - 3 will be used by mammal, bird, reptile and amphibian species. Control and/or removal of noxious and weedy species during the project and the replacement of desirable graminoid, forb, shrub and tree species during reclamation will result in enhancement of wildlife habitat on the project site. Section 3.1.9 Topsoiling Topsoil shall be removed and segregated from other spoil. Topsoil stockpiles shall be stored in places and configurations to minimize erosion and located in areas where disturbance by ongoing mining operations will be minimized. Once stockpiled, topsoil shall be rehandled as little as possible. Stockpiles that will remain in place for more than one growing season will receive vegetative cover, as outlined on the Reclamation Plan Map, as soon as possible to minimize erosion. Section 3.1.10 Revegetation In those areas where revegetation is part of the reclamation plan, the land shall be revegetated in a manner that establishes a diverse, effective, and long-lasting vegetative cover that is capable of self -regeneration without continued dependence on irrigation or fertilizer and is at least equal in extent of cover to the natural vegetation of the surrounding area. The proposed seed -mix and plantings for reclamation are outlined on the Reclamation Plan included in Exhibit F of this application. Section 3.1.11 Buildings and Structures: Please refer to the enclosed Reclamation Plan included in Exhibit F. Section 3.1.12 Signs and Markers: The Operator will post appropriate signage at the entrance to the mine site. The permit area will be marked by existing fencing, or proximity to existing County roads. (d) Plans for topsoil segregation, preservation and replacement; for stabilization, compaction and grading of spoil; and for revegetation. Topsoil will be removed and segregated from other spoil. Topsoil not needed for reclamation may be sold or removed from the site. For reclamation, topsoil will be replaced by a scraper and generally graded with a blade. Grading shall be done in a manner that controls erosion and siltation of the affected land and protects areas outside the affected land from slides and other damage. In addition, backfilling and grading shall be completed as soon as feasible after the mining process. Final grading will create a final topography that is appropriate for the final land use. For example, grades on the site will be returned to existing (pre -mining) grade. Topsoil will be uniformly placed and spread on areas disturbed by the mining. The minimum thickness shall be 6 inches above the surrounding finished grade, consistent with existing topsoil depths on -site. The topsoil shall be keyed to the underlying and surrounding material by the use of harrows, rollers or other equipment suitable for the purpose. In those areas where revegetation is part of the reclamation plan, the Operator will revegetate the land in such a manner so as to establish a diverse, effective, and long- lasting vegetative cover that is capable of self -regeneration without continued dependence on irrigation or fertilizer and is at least equal in extent of cover to the natural vegetation of the surrounding area. Seed will be drilled and mulched. Bestway Concrete & Aggregates — Conveyor Amendment -Bernhardt Mine — MLRB 112 Permit Application Exhibit E - 4 The revegetation seeding and plant list on the Reclamation Plan Map contains the preferred species of grasses, shrubs and trees to be planted. Seeding will take place once final grading and replacement of topsoil have been completed. Timing of seeding will be consistent with standard horticultural practice for dryland applications - generally between late September and the middle of April to ensure there is adequate moisture for germination. (e) A plan or schedule indicating how and when reclamation will be implemented. Include: i. An estimate of the periods of time which will be required for the various stages or phases of reclamation. Please refer to the Timetable for Mining and Reclamation in Section (e) of Exhibit D. ii. A description of the size and location of each area to be reclaimed during each phase. Please refer to the Reclamation Plan Map (Exhibit F). iii. Outlining the sequence in which each stage or phase of reclamation will be carried out. Please refer to the Timetable for Mining and Reclamation in Section (e) of Exhibit D. (0 A description of: i. Final grading — maximum anticipated slope gradient or expected ranges thereof; The finished slopes of the reservoir will be 3 horizontal to 1 vertical. Any area reclaimed to native grade will match natural topography. (a) The expected physical appearance of the area of the affected land, correlated to the proposed mining and reclamation timetables. The map must show proposed topography of the area with contour lines of sufficient detail to portray the direction and rate of slope of all reclaimed lands; and - See attached maps. (b) Portrayal of the proposed final land use for each portion of the affected lands. See the updated maps. ii. Seeding - types, mixtures, quantities and time of application; Please refer to the Reclamation Plan Map for the list of plant materials and seeds to be utilized. The operator will seed during the appropriate season to ensure adequate moisture for germination and implement weed controls to allow the grasses to successfully establish. Additional plantings may be installed once the reservoirs are full of water and the grasses are established. iii. Fertilization -types, mixtures, quantities, and time of application; There will be no fertilization applied. Bestway Concrete & Aggregates — Conveyor Amendment -Bernhardt Mine — MLRB 112 Permit Application Exhibit E - 5 iv. Revegetation — types of trees, shrubs, etc.; and Please refer to the Reclamation and Landscape Plan Maps for the types, quantities and location of trees and shrubs to be planted. v. Topsoiling — specify anticipated minimum depth or range of depths for those areas where topsoil will be replaced. Topsoil will be uniformly placed and spread on all areas disturbed by the mining above the anticipated high water line. The minimum thickness shall be 6 inches above the surrounding finished grade. WEED MANAGEMENT PLAN Bestway Concrete & Aggregates has a full-time weed manager on staff. This person is responsible for monitoring and controlling noxious weeds as they appear. Bestway Concrete typically prefers to control weeds mechanically, by mowing and/or discing. If necessary, weeds will be killed with a contact herbicide. Bestway Concrete has all of the necessary equipment in house to perform these tasks. Bestway Concrete & Aggregates — Conveyor Amendment -Bernhardt Mine — MLRB 112 Permit Application Exhibit E - 6 EXHIBIT L - BONDING COST EXHIBIT L - RECLAMATION COST Activity Quantity Units Unit Costs Cost A. Phase 1 - 100% mined (settling pond) 1 Backfill Settling Pond (5 acres/10 feet deep) 81,000 CY $ 3.00 $ 243,000.00 Subtotal ; $ 243,000.00 B. Processing area. Processing equipment is portable and would be 1 Move serge piles into settling pond 1,000 CY $ 0.75 $ 750.00 2 Remove concrete pad for wash plant 15 CY $ 65.00 $ 975.00 3 Demolish and remove shop 1 LS $ 2,000.00 $ 2,000.00 4 Remove concrete footings for office 8 CY $ 65.00 $ 520.00 5 Remove concrete base for scale 10 CY $ 65.00 $ 650.00 6 Scarify ground 11 Acres $ 150.00 $ 1,650.00 7 Spread 12" topsoil 17,743 CY $ 0.75 $ 13,307.25 8 Seed and Mulch 11 Acres $ 900.00 $ 9,900.00 9 Remove Conveyor Belt & Reclaim 1 LS $ 15,000.00 $ 15,000.00 Subtotal $ 44,752.25 C. Settling Pond and Perimeter Seeding, including Amended Area & shorline 1 Seed (all perimeters including 30 foot buffer and amended area) I 37.00 Acres $ 900.00 $ 33,300.00 Subtotal _ $ 33,300.00 D. Slurry Wall @ 100% Installation Cost ($5 per SF) per DMG Bonding Requirement. Assume 5086 LF * 40 average depth (including 3' key into bedrock) Cell 5 Only (Cell 2, 3 & 4 are all approved slurry walls) 203,440 SF $ 4.70 $ 956,168.00 Subtotal $ 956,168.00 E. Rundown Spillways Cells 3, 4, and two spillways at Cell 5 (includes haul, placemnet and type II bedding) 5,058 TONS $ 65.00 $ 328,770.00 Subtotal ' $ 328,770.00 Total Disturbance Costs $ 1,277,220.25 Contractor Mobilization (8%) $ 102,177,62 Overhead (18.5%) $ 236,285.75 Administration (5%) $ 80,784.18 Total Disturbance Costs _; �$ 1,605,990.25: Indirect Costs Overhead & Profit Performance Bond (2.02%) - Based on DRMS estimate $ 32,441.00 Performance Bond (3.07%) - Based on DRMS estimate $ 16,862.90 Job Superintendent (240 hours @ $75/hr) - Based on DRMS estimate $ 18,000.00 Contractor Mob and DeMob (3%) - Based on DRMS estimate $ 48,179.71 Contractor Overhead and Profit (10%) - Based on DRMS estimate $ 160,599.03 Subtotal $ 276,082.63 Contract Amount (direct + O & P) $ 1,882,072.88 Legal, Engineering & Project Management Financial warranty processing (legal/related costs) ($500) $ 500.00 Engineering Work and/or contract/bid preparation (4.25%) $ 79,988.10 Reclamation management and/or administration (5%) - Based on DRMS estimate $ 94,103.64 Contingency (3%) $ 48,179.71 Subtotal $ 222,771.45 Total Indirect Costs $ 498,854.08 2,104,844.33ii EXHIBIT R - PROOF OF DELIVERY CLERK STRUCTURE OWNER NOTIFICATIONS AND SIGNED STRUCTURE AGREEMENTS Bernhardt Gravel Mine Structure Table Map Number Structures Delivered Structure Agreement Signed 1 VARIOUS BUILDINGS OWNED BY LAND OWNER (BERNHARDT FARMS) (Property Owner/Pending Delivery) 2 OVERHEAD POWER (PUBLIC SERVICE OF COLORADO) Y Y 3 GAS LINES/FACILITY (PDC WELLS, NOBLE WELLS & DCP GASLINES) Y Y (all gas companies signed) 4 BUILDINGS (TOWN OF MILLIKEN PROPERTIES) Y N 5 GASLINE/FACILITY (BERNHARDT DELBERT LSR TRUST) Y Y 6 IRRIGATION DITCH/HILLSBOROUGH DITCH (LITTLE WALKER PROPERTIES OF COLORADO) Y N IRRIGATION DITCH/HILLSBOROUGH DITCH Y Y (BERNHARDT DELBERT LSR TRUST) 8 HOUSE/BUILDING (STEVEN & KAREN KIELAN) Y Y 9 IRRIGATION DITCH/HILLSBOROUGH DITCH (JOHN & SHARON KIELAN) Y N WCR 25 & ROW (WELD COUNTY PUBLIC WORKS) 10 WCR 48 & ROW (WELD COUNTY PUBLIC WORKS) Y N WCR 23 & ROW (WELD COUNTY PUBLIC WORKS) 11 HOUSE/BUILDING (JERRID KERN & BROOKE WAGNER) Y N 12 HILLSBOROUGH DITCH Y (via email confirmation) N II Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. e Attach this card to the back of the mallplece, or on the front If apace permits. 1. Article Addressed to: W t 1✓IY�.e F— tt \q -A. 2o3i 23 (\hi10isen C 805Lk3 4°0)1 Inn I11111II I IlIIII lIII IIII 9590 9402 1875 6104 1241 79 2. Article Number (Transfer from service labe9 313 2250 000❑ 7021 4291 f PS Form 3811, July 2015 PSN 7530-02-000-9053 A. Sign re 8, R:.y,tved., (Printed Nome) ❑ Agent Addressee reof Delivery 1z-/9 D. Is delivery address ceffe nt from item 1? ❑ Yes If YES, enter delivery address below: QiPb 3. Service Type O Adult Signature ❑ Adult Signature Restricted Delivery ❑ Cenlesd Male ❑ certified Mall Restricted Delivery D Return Receipt for ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery ❑ Insured Mall ❑ Inured onureMali Restricted Delivery Vor b Merchandise O Signature Confirmation*. 2. Article Number (Transfer from service labe9 ORestricted a ctedDeliverytlen 113 2250 0000 7021 4277 O5;t: MdMell'a s® IIp1IIII I1I IIIll1111111111111111111111 ❑ Natty Md Mail Ex D R lered Moll Reslrtnte0 D ory 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. In Attach this card to the back of the mallplece, or on the front if space permits. 1. Article Addressed to: RAbkt< ato r11Q/ffka 6a441 Cia '3" A„c-- 1)(ICR. Co So22'3 III 9590 9402 1875 6104 1241 93 COMPLETE THIS SECTION ON DELIVERY A. Signature X(\°, 5, Recto ed by (Printed Nolne) D. la delivery address dfHerem hom tern 17 O Yes If YES, enter delivery address below: 121 -No ❑ Agent lib -Addressee C. Date of Delivery Domestic Return Receipt ; PS Fotm 3811, July 2015 PSN 7530-02.000.9053 3. Service Type O Adult Signature ❑ Adult Signature Remised Delivery ❑ Certified Mall® ❑ Certified Mall Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery ❑ Insured Mall ❑ Insured Mee Restricted Delivem (over5500) ❑ Priority Mee EaprossS ❑ Registered Meerq ❑ =gyred Mae Restricted ❑ Return Receipt ter Merchandise ❑ Signature Conlemetlon^° ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt • 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 mallpiece, or on the front if space permits. 1. Article Addressed to: CID 1VV1 PnSel 026 4*h Ave_ GreaAott C„ 90631 III 1111111 111111111 1111 111 111111 1111 9590 9402 1875 6104 1242 23 2. Ankle Number (Transfer from service label) 7013 2250 0000 7021 4246 PS Form 3811, July 2015 PSN 7530-02-000.9063 COMPLETE THIS SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION A. Signature XA11,P B. Recaiv / ❑ Agent • Complete Items 1, 2, and 3. i n �Sl d S ❑ Addressee • Print your name and address on the reverse \J. e) C. Date of Deliivvveery so that we can return the card to you. 0.ssd'=� -- iy a ��-/ • orlach on theis cardfront i tf spathe reback rmitfethe mailplece, D. Is delivery address different from item 17 ❑ Ygs [�j Y. Article Addressed to: by (P If YES, enter delivery address below: o 3. Service Type ❑ Priori Mall Express® ❑ Adult Signature O Registered MelLn ❑ Aduk Signature Restricted Delivery O Rpeeggistered Mail Restricted' ❑Certified Map® Delivery ❑ Certified Mall Restricted Delivery O ppaoWm Reagpt for ❑ Collect on Delivery MaoNenCIse O Collect on Delivery Restricted Deilvery ❑ algneture Confirmation'. i —'reared Mall ❑ algnewre Corilm,etion l 2. Article Number (Transfer horn service label) er SSMrl Restricted Delivery Restricted Deilvery 13 2250 0000 7021 4222 Domestic Return Receipt , PS Form 3811, July 2015 PSN 7530-02-000-9053 ,\ 641, a3o64 wca‘ 314 (fit tlCike-ry Ca 805°t 4 o , 111!!!11JI 1111111 I III1II111II11'I'I 0 9402 1875 6104 1242 47 D. Is delivery address differed from Item 17 ❑ If YES, enter delivery address below: • Complete items 1, 2, and 3. IN 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 maiipiece, or on the front if space permits. 1. Article Addressed to: S1eJe red kiettuA '22)0435 \AICAR., f4l, l 04,A ,A Co5 -13 Lt' 31 111111 11111111111111 1111 1 1111 1 111 '11111 COMPLETE THIS SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION A. Signature ■ Complete items 1, 2, and 3. X ❑ Agent • • Print your name and address on the reverse v •-n.A ) t .Addressee so that we can return the card to you. B. Received Lby (Printed Name) C. 9ste o �Nvory • Attach this card to the back of the mailplece, ` , Cna-l1-1 t I. ; (� + or on the front if apace permits. D. Is delivery address different from Item 17 Yes 1. Article Addressed to: R YES, enter delivery address below: . ND Noble_ &)2('c5 51e 2Z o0 2. Article Number iRansfef from service label) 7013 2250 0000 7021 4253 PS Form 3811, July 2015 PSN 7530-02-000-0053 1 , ■ 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 mallpiece, or on the front if space permits. 1. Article Addressed to: lows Vk1;IIlikeA.r Utz\ Br * (vial?t A Co Soy-; 11111111111111111111111 111111111,!111141,111 9590 9402 1875 6104 12 3. Servicellpe ❑ Priority Mee Exprosw ❑Adult SlpnaWre O Registered Mel'a CI Adult Signature Restricted Registered rictedDelivery O Mail Rosvktedl Certified Meg® egvery O Certified MakAtak Restricted Delivery ❑Return Receipt for I o collector Delivery Restricted Delivery O Mgnobre comametbnTM 2. Article Number (itansfw from astute label) ❑ Insured Mal ❑Bignaua CoMrmot(on I 0 insured Mak RaeWctetlDelivery Restricted Delivery 013 2250 0000 7021 4314 over 5600 Domestic Return Receipt PS Form 3811, July 2016 PSN 7530-02-000-9053 ❑ Collect on Delivery Metatarsi. k4nxgCo So202, 1111111111111111111111 1 11 111111111111111111 9590 9402 1875 6104 1241 55 COMPLETE THIS SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION A. Slgnatu X B. Received by (Printed Name) 1C. Date of Delivery T} S t toe f D. le delivery address different from Item 11 If YES, enter delivery address below: O Addressee ❑ liar" 0 ■ 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 mailplece, or on the front if apace permits. 1. Article Addressed to: 2. Article Number (Transfer from service label) 3 2250 0000 7021 4321 PS Form 3811, July 2015 PSN 7530-02-000-9003 3. Service Type ❑ Priority Mal Express® ❑ Adult Signature O Registered Mali," Adult Signature ResWoted Deilvery ❑ Registered Man Restricted ❑ Certified Mall® IN ❑ Candled Mall Restricted Delivery ❑Holum Receipt for ❑ Ca t Delivery 11 insurer an Delivery Restricted Delivery ❑ $40‘.1". co.d.mseon 2. Adkis Nranber (Transfer from service label) ❑ Insured Mau O Insured M Restricted Delivery Restricted Delivery over o n oslgnatumconematla,TM PDc_ MS Sloe it l She 3oao Den v-ce. Co 90 zo 3 111111 11111 111111111 111111111111111111111 III 1013 2250 0000 7021 4307 Domestic Return Receipt PS Form 3811, July 2015 PSN 7530-02-000-9053 3. Service Type ❑ Prbrity Mail supreme ❑ Adult Signature O Registered Mna1M ❑ Adult Signature Restricted Delivery O Rogtstored Mal Restricted ❑ Certified Marie O Return Receipt for ❑Certified Mall Restricted Debar/Memsandke ❑ Collect on Delivery ❑ Signature CoMUmaUonie ❑copeadnoenveryRedriaeeoelNery slgnwrocwmmwuon 1 Insured Mell Restricted Delivery l InsuredRestricted DOINary (bY&'5600)00) 3. Service Type ❑ Priority Mall Express® ❑ Adult Signature ❑ Registered Male'. ❑ Adult Signature neeWcted Delivery O Registered Mat Restricted O Certified Mal® Wivory ❑ Certified Mall Restricted Delivery O Retem Receipt for ❑ Collect on Delivery Moralrendi. ❑ Collect on Delivery Restricted delivery O Signature Confume1on"+ 2. Mole Number (Transfer from service label) ❑Insured Mal ❑ fl�oladoroary lion 113 2250 000O 7021 4239 CI Insured Mal Restricted Delivery (over S500) SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: Be co hArrict— DeVb(r+ LVZTrt 1126 fie- WPpr) 6a Pir\ill;ker. C5 50543-130 IIII IIiI 11111111111111II II IIII III 1111111111 9590 9402 1875 6104 1242 30 D. is delivery eddnses different from item 17 O Y:�- If YES, enter delivery address below: M ee Delivery Domestic Return Receipt ; PS Form 3811, July 2015 PSI® 7630-02-000-9063 ■ Complete items 1, 2, and 3. ❑ ,L ani i ■ Print your name and address on the reverse ❑ ''Ada, : so that we can return the card to you. 5. • jived by (Printed (Yam) r tell of Delivery • Attach this card to the back of the maiipiece, ;p k 1 r h n t ss or on the front if apace permits. 1. Article Addressed to: D. Is delivery address different from item 17 ❑— -/ I1 5ES, enter 'delivery address below: Id -O 3. Service Type ❑ Pdomy Mau Eapreas® 0Adult Slenature ❑ Registered Muv' O Adult Signature Reelected Dahery ❑ RZyored Met Reetdctel ❑ Certified Mal® ❑ DertNetumorYReospttar ❑c%nebd Mwotmry ed DokvBty Melshoedbs pCsdectort RasMatad4elhre,y OSignarure Cnearmatkn'K 2. Article Number manatee Gam service label) ❑Insured MailDe" ❑ sfeortd Delivery eoer/nn 13 2250 0000 7021 4284 ❑ sred Mall Restricted Delivery 6`aDaJ , PS Form 3811, July 2015 PSN 7530-D2-000-9053 WM Caul ticWAS Pa S3ox -156 CTreeblil Co 8o63z IIIIIIIII IIII IIIIIIIII III III I III 111111 IIihll 959D 9402 1875 6104 1241 86 Domestic Return Receipt! Agent esue B. Received by (Prrnred Name) D. Is delivery address different from item 1? if YES, enter delivery address below: Domestic Return Receipt SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: L l ►e *tit Prbp„11;es (,) k Z3Ltc\ 6:0&. 6"zin--n4w lllll'1111 111111111 II 1111 11111111111 I III 9590 9402 1875 6104 1241 31 3. Service Type O Pdomy Mail Express® O Adult Signature ❑ Registered Meiln• O Adult Signature Restricted Delivery ❑ Mat ReaekRe O Certified Mal® ❑ Certtfled Mall Reelected Delivery O RehmR for ❑ Cole® on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery O Signature Confirmation,. O Inured Mall O Signature Confirmation ❑ insured Melt Reetdoted Delivery Reetdoted Delivery (over$600) Domestic Return Receipt COMPLETE THIS SECTION ON DEI /VERY O Agent O Addre e/QttGri? livery D. Is delivery address different from Item 1?(f] YY If YES, enter delivery address below: algo Service Type ❑ Adult Signature ❑ Adult Signature aestrioted Delivery O Certified Metl® 0 Certified Mall Restricted delivery O CONect on Delivery ❑ Collect on delivery Restricted Delivery ❑ insured Mail O Inured : Restricted Delivery over .. ❑ Priority Mall Expresn® ❑ Registered Mall,. ❑ Re ietered Mall RestrictedDelivery ❑ Return Reosipt for Manhandles ❑ signature Cent rmatlonr ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt A. X Signature ❑ Addressee B D. Is dal If YE fig address different from , enter delivery address bets 406, ey 2o1e Date of Delivery Yr e 2. Mcle Number (Ranter from service label) 13 2250 0000 7odipi.h3gp)ilf„rif,i PS Form 3811, July 2015 PSN 7530-02-000.0053 3. ServIcAdult Signature .is I- if ty Men ❑ Adun Slgnetwe ...�j Registered Maine ' ❑�apretureneetrbted Delivery ❑ R ilygged MCINRseUkted Meg® DSINa7 ❑ Ca110ed Mel Restricted Delivery ❑ Rdum dlor Matunso roCe ❑ Collect or Delivery Restricted Delivery O Signature Confirmation'. O Ir O Signature ConfirmationP�M:A)Ifladgklady1Iliir)11 WaeaDelivery O Collect on Delivery Domestic Return Receipt NOTARY FOR STRUCTURE OWNER ACKNOWLEGED BY: Structure Owner QC/° :...s..y Name ,.i.s ifY•5 Date .4 /Z , moo, 9 Title 14%y. ,Z.. STATE OF ( I I/ ) ) ss. COUNTY OF A ,/✓ ) The foregoing was acknowledged before me this Iiday of /4,,,„,--1 . 2017 , by 4445- 'Z7 t+Yi��r/c as illyiwbs.ci /.c 6.-t- of pCPOpetmimi C si /, 4tP Notary Public My Commission Expires: j/11/2021 NICOLAS D. HAGENLOCK NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20094004084 MY COMMISSION EXPIRES FEB. 11, 2021 Date 87,a//a19 STATE O� i - ttiry ) ) ss. COUNTY OF `-e-t d ) NOTARY FOR STRUCTURE OWNER ACKNOWLEGED BY: Structure Owner dor44#r4 132/12&„3-11.34, Nam Igefar Title AyLq�� S1 - e foregoing was acknowledged before me this Z / day of . 20 %Gj , by eruct riih4rdt asli&stee of 73c hove/ Dellorr-t• z - s2 -fru s My Commission Expires: 1/ • /I • 26 TAMARA BURNS Notary Public - State of Colorado Notary ID 20164043279 flnrnmission Expires Nov 14, 2020 N 35 STROH O 2-1 & 8STROH 35-, & 2 234863 237741, 01-R-03-01. 801-P-03-01008 36 T5N R 67 W `9 N m a O Milliken 0 2G, T 4 N 0 01-L-03-01315, �° • Kielian 2-2 R 67 W • 231265 • t.„, R.oa6 A8 ,Q Cor• p`1 01-V-03-0180 II 01-P-03-01815 Cherry m' 0 . T) Elrn ' ' IT', -->, E a m l8Q; th — g u. Forest o . .o 19 0 Green County Road 21 1 /2 Unnamed Street 01-L-03-01807 -V-06-03356 01-L-03-0180 BERNHARDT 1-11 C12 i;;- 232731 31 eQ t UP 31-12&13H6co 3716 U��1 BERNHAR -231 BERNHARDT 7 & 8-1 234972 BERNHARDT 1-3 23682 BERNHARDT 23676 0o • Count Road 48 — Centennial Milliken al Stage Coach 12 o N_ -o (5I �. S: 01-P-03-01814 01-L-03-01814co State Hwy 60 Sunset d' 4 i A i0 Qe y� r 41J f' / ,2C` `\ DyQ; HANSEN - BCO 1-9 231985 01-R-03-01 T K6 29 231933 U 01-R-12-0441 cc c 'o v Schneider 218 Schneider 218 STEF HENS J 31-9 10 215252 01-L-04-05029 tephens J31-15 & 16 & 23 T5N I 215253 R66W c a a a m 0 'ta ;m 13-R-04 •2031Unnamed S;`treot 1-L-03-01836 BERNHARDT 8K-443 e 218434 01-L-08-05209 ERNHARDT 6K-323 218439 3-01809 01-R-03-01836 BERNHARDT 13-6 231153 CDP C 01-L708-04320 CDP ar clitleider HD CDP D 218793 7 XO5., Go\ �y 32 5 L DANIELS - PM K 5-12 231827 i A p1 _p_0�3.03052 01-L-03-03052 0 X09 1-R-03-03052 MERZELL 1-9 23149 Citigone SHABLE t -e`"5826-1 23390 KAM 1- 23254 names Street ED KAM 3-28 23286 NOTARY FOR STRUCTURE OWNER ACKNOWLEGED BY: Structure Owner Date Vig/11 l,�ll_� STATE OF l_(. . ..__... ) ) ss. COUNTY 0 /10 -Name Casey M. Kimble Title Attorney -In -Fact The ' ref*oin , as a 6r o ledued ,• ire met its /' day of • as �tl/+� L_ /l r1. , of Notary Public My Commission Expires: icGe, u, 20,E KERI J MILLER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20114042866 MY COMMISSION EXPIRES JULY 11, 2023 NOTARY FOR STRUCTURE OWNER ACKNOWLEGED BY: Structure Owner Date 2( / u ( STATE OF eo/Ora 2 ) ss. COUNTY OFLt) T e foregoin was acknovf ledged before me a nine L as cid Lcvint Name &/ Y ``/ 1.- /7/4 (V; Title r( -4-(...-O / /!. 1 f& t C ' /- P { v' My Notary Public REBECCAIJOHNSON NOTARY PUBLIC STATE OF COLORADO NOTARY 1O 20174016200 MY COMMISSION EXPIRES APRIL 14, 2021 th's day of Je 7 /2-e/720 /q by Commission Expires: (2,�-j,t�! )�! Notary Public NOTARY FOR STRUCTURE OWNER ACKNOWLEGED BY: Structure Ownerr?UJ)S - v 1 ce, Ca -O -'Ca• Name Date 7<y/P.aV STATE OF C blo ) ) ss. COUNTY OFD.hYr-tg_ Title iohard J. red Manager, iting and Land Rights, Right of Way & Permits Department Public Service Company of Colorado The foreg9ing was acknowledged before me ti isgiay of A{ t , 20A, by eiktsi Cx11dQDY as 4u4-kntg i zP (f c Sera) t Gl. Gantt �J attM s . , C r-� ROBERT E. BLU, I Notary Public State of Colorado Notary ID #20104014057 My Comm,ssion Expires 04-22-2022 My Commission Expires: / zr z.7 Andy Rodriguez From: Sent: To: Subject: Hi Andy, Margaret Vetter <mlvetter@msn.com> Tuesday, August 27, 2019 6:01 AM Andy Rodriguez Re: bernhardt mine Yes, I received your e-mail. The contact person is Dean Binder, President of the Extension Irrigation Company. The Cons. Hillsborough is the source of the water going down there but the carrying ditch is the Extension Irrigation. I did forward the information to him. Margaret L. Vetter, Sec. Cons. Hillsborough Ditch Co. 612 Charlotte Street Johnstown, CO 80534 From: Andy Rodriguez <andy@civilresources.com> Sent: Monday, August 26, 2019 4:20 PM To: sauer@skybeam.com <sauer@skybeam.com>; mlvetter@msn.com <mlvetter@msn.com> Subject: bernhardt mine Abe and Margaret, I tried to send a copy of the documents I attached to this email via certified mail but I believe I had an old mailing address for the Hillsborough Ditch. I got your contact info from Jean Lever at the State so I could pass on these documents. This is in reference to the Bernhardt mine and a requirement from the Division of Mine Reclamation and Safety as the miner is required to submit an amendment to the Bernhardt Mine as they placed a conveyor belt outside of the original mine permit boundary. As a results they are required to revisit the slope stability and structure agreements. I am required to mail or email a copy of the attached info to the structure owners within 200 feet of the mine. If you guys don't mind could you verify that you received this by replying back to me via email, you are not required to sign anything unless you want to, this is a letter stating the miner will take responsibility if there is damage to the ditch as a result of the mine slopes failing. There will be no changes to the current mining plan and the area will look much the same as it does now. Any questions please call or email me. Andy Rodriguez, P.E. andy@civilresources.com 303 909 0776 (c) 303 833 1416x202 (o) 1 SPILLWAY DESIGN MEMO CIVIL RES' URCES, LLC ENGINEERS & PLANNERS TECHNICAL MEMORANDUM Bernhardt Spillway Design TO: DRMS Bernhardt Gravel Mine Adequacy Review Comments 2 FROM: Civil Resources, LLC DATE: September 13, 2019 RE: Spillway Design This memorandum discusses the proposed spillway designs at the Bernhardt Gravel Mine. Reservoirs 2 and 3 have been fully mined out and Reservoir 4 is being mined to date. Reservoir 5 is still very similar to existing/historic conditions. Using floodplain mapping from the Flood Insurance Rate Map indicates that all of the reservoirs associated with the project will be fully submerged during the 100 -year flood conditions except Reservoir 2 and the model clearly showed a significant drop across the water surface from west to east through the Site with a less pronounced water surface drop during lesser storms. Subsequently, the inflow spillways proposed were primarily placed near the upstream ends of each facility. The capacity for each spillway is discussed below. The inflow spillways will be protected with riprap in order to deliver flood water in a controlled manner into the respective reservoirs. ➢ A typical 100 -year storm in the Front Range is 3 -inches of rainfall per hour. During a storm event the major contributing factors to runoff are travel time, location of the storm and ground cover conditions. For example during the 2013 flood that lead to major flooding was caused by a strong orographic effect as the storm started in the foothills west of the site which resulted in longer travel times. The mountain area tributary to the Big Thompson River received approximately fifteen plus inches of rain over a week. As the flood wave propagated downstream flood water rose more slowly. Should a storm cell "sit" over the site the time to peak will be greater. As a result the site spillways were modeled considering a one -inch per hour rise in flood water and up to a six-inch per hour rise in flood water. The results are presented under each reservoir discussion below, calculation tables are also attached to this memo with a drawing of a typical section. The spillway equation: Q=CLH15 was used to determine the flow rate over the spillway. Reservoir 3: 100 percent of Reservoir 3 is within the 100 -year floodplain. The following information was considered in designing the spillways and erosion protection: ➢ A historic drain area exists in the northwest corner of Reservoir 3 as this will direct flows towards the reservoir until fully inundated. The perimeter is relatively consistent in elevation and water will recede through the inflow spillway. The spillway will be set one -foot lower than the existing grade at that point of the reservoir. • The reservoir is 388 acre-feet in volume and the spillway has 565 cubic feet per second (cfs) capacity at 1 foot of overtopping depth. Each spillway was designed to be able to fill the reservoir so the banks are less susceptible to major washouts. A one -inch per hour rise in flood water would fill the reservoir in under 3 hours, where -as a six inches per hour rise would fill the reservoir in one hour. This is adequate to protect the non -reinforced banks from severe erosion as the reservoir would be full by the time the banks would overtop and potentially erode. Reservoir 4: 100 percent of Reservoir 4 is within the 100 -year floodplain. The following information was considered in designing the spillways and erosion protection: 323 FIFTH STREET • FREDERICK, COLORADO 80530 • PHONE: 303.833.1416 • FAX: 303.833.2850 Sepetember 13, 2019 Page 2 of 2 (I\II kE S•il: kC. I )=. A side overflow spillway was placed on the north side of Reservoir 4 adjacent to the river. This spillway will allow water to flow into and out of the reservoir as the invert elevation will be set one -foot lower than the existing grade at that point of the reservoir which is a minimum of one foot below the base flood elevation. ➢ The reservoir is 299 acre-feet in volume and the spillway has 413 cubic feet per second (cfs) capacity at 1 foot of overtopping depth. Each spillway was designed to be able to fill the reservoir so the banks are less susceptible to major washouts. A one -inch per hour rise in flood water would fill the reservoir in approximately 3.5 hours, where -as a six inches per hour rise would fill the reservoir in two and a half hours. This is adequate to protect the non -reinforced banks from severe erosion as the reservoir would be full by the time the banks would overtop and potentially erode. Reservoirs. 100 percent of Reservoir 5 is within the 100 -year floodplain. The following information was considered in designing the spillways and erosion protection: ➢ A side overflow spillway was placed on the west side of Reservoir 5 adjacent to the river. This spillway will allow water to flow into the reservoir. An altemate spillway will also be placed at the southeast end of the reservoir to allow for water to enter and exit the spillway as this reservoir is long in length from west to east. Water will also enter this spillway which will allow for a quicker fill time and greater equalization of flood waters through the reservoir. Both Spillways will be set one -foot lower than the existing grade at that point of the reservoir. • The reservoir is 680 acre-feet in volume and the spillway has 600 cubic feet per second (cfs) capacity at 1 foot of overtopping depth. Each spillway was designed to be able to fill the reservoir so the banks are less susceptible to major washouts. A one -inch per hour rise in flood water would fill the reservoir in approximately 4.5 hours, where -as a six inches per hour rise would fill the reservoir in under two hours. This is adequate to protect the non -reinforced banks from severe erosion as the reservoir would be full by the time the banks would overtop and potentially erode. Conclusion The analysis was completed based on general hydraulic characteristics of the Big Thompson as a flooding source. The pattern of storms is largely unpredictable and therefore the recommended improvements cannot guarantee that the facilities will not be damaged during large-scale storm events. J:IBestway-2131bemhardt\DRMS Permit updatelAdequacylfloodcontrol-9-11-19.docx Reservoir 3 Volume 388 ac -ft Fill Time (1" per hour) Fill Time (2" per hour) Fill Time (3" per hour) Fill Time (6" per hour) (hrs) Ihrsl Inrsl Ihrsl Ihrsl 0 1 2 3 4 5 hr 0 0 0 0 27 76 140 398 103 293 396 1,517 243 690 728 3,576 459 1,302 1,121 6,745 760 2,157 1,566 11,175 C 2.5 H-1" Ifll Ifll 226 H-2" (fll H-3" Ifll H-6" Q-1" Q-1" Q-2" Q-2" Q-3" 0-3" Q-6" Q-6" Ifll (ces) 001) (ces) (x'fl) ISO (act) (clsl (ac -ft) 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 0.0 0.0 0.0 0.0 0 0 0 0 0 0 0 0 0.1 0.2 0.3 0.5 14 27 39 76 71 140 200 396 0.2 0.3 0.5 1.0 38 76 109 216 200 396 565 1,121 0.2 0.5 0.8 1.5 71 140 200 397 367 728 1,038 2,059 0.3 0.7 1.0 2.0 109 216 308 612 565 1,121 1,598 3,170 0.4 0.8 1.3 2.5 152 301 431 855 790 1,566 2,233 4,430 0.5 1.0 1.5 3.0 200 396 567 1,124 1,038 2,059 2,936 5,823 0.6 1.2 1.8 3.5 252 499 714 1,416 1,308 2,594 3,700 7,338 0.7 1.3 2.0 4.0 307 610 872 1,731 1,598 3,170 4,520 8,965 0.7 1.5 2.3 4.5 367 727 1,041 2,065 1,907 3,782 5,393 10,698 0.8 1.7 2.5 5.0 430 852 1,219 2,419 2,233 4,430 6,317 12,530 0.9 1.8 2.8 5.5 496 983 1,407 2,790 2,577 5,111 7,288 14,455 1.0 2.0 3.0 6.0 565 1,120 1,603 3,179 2,936 5,823 8,304 16,471 1.1 2.2 3.3 6.5 637 1,263 1,807 3,585 3,310 6,566 9,363 18,572 1.2 2.3 3.5 7.0 712 1,411 2,020 4,006 3,700 7,338 10,464 20,755 1.2 2.5 3.8 7.5 789 1,565 2,240 4,443 4,103 8,138 11,605 23,018 1.3 2.7 4.0 8.0 869 1,724 2,468 4,895 4,520 8,965 12,784 25,358 1.4 2.8 4.3 8.5 952 1,889 2,703 5,361 4,950 9,819 14,002 27,772 1.5 3.0 4.5 9.0 1,037 2,058 2,945 5,841 5,393 10,698 15,255 30,258 Reservoir 4 Volume 299 ac -ft Fill Time (1' per hour) Fill Time (2" per hour) Fill Time (3" per hour) Fill Time (6" per hour) (hrs) (hrs) (hrs) (hrs) (hrs) 0 1 2 3 4 5 hr 0 0 0 0 20 56 102 289 75 214 289 1,107 178 504 531 2,611 335 951 818 4,925 555 1,575 1,143 8,159 C 2.5 H-1' Ill TI 165 Inl H-3" H-6" 0-1" 0-1" Q-2" Q-2" 0-3" Q-3" Q-6' Q-6" (hl Icfsl laofI (ds) lac -RI Icfsl lac -ft) 1crsl lac -el 0 0.0 0.0 0.0 0.0 0 0 0 0 0 0 0 0 1 0.1 0.2 0.3 0.5 10 20 28 56 52 102 146 289 2 0.2 0.3 0.5 1.0 28 56 80 158 146 289 413 818 3 0.2 0.5 0.8 1.5 52 102 146 290 268 531 758 1,503 4 0.3 0.7 1.0 2.0 79 157 225 447 413 818 1,167 2,314 5 0.4 0.8 1.3 2.5 111 220 315 624 576 1,143 1,631 3,234 6 0.5 1.0 1.5 3.0 146 289 414 821 758 1,503 2,143 4,251 7 0.6 1.2 1.8 3.5 184 364 521 1,034 955 1,894 2,701 5,357 8 0.7 1.3 2.0 4.0 224 445 637 1,263 1,167 2,314 3,300 6,546 9 0.7 1.5 2.3 4.5 268 531 760 1,508 1,392 2,761 3,938 7,810 10 0.8 1.7 2.5 5.0 314 622 890 1,766 1,631 3,234 4,612 9,148 11 0.9 1.8 2.8 5.5 362 718 1,027 2,037 1,881 3,731 5,321 10,554 12 1.0 2.0 3.0 6.0 412 818 1,170 2,321 2,143 4,251 6,062 12,025 13 1.1 2.2 3.3 6.5 465 922 1,320 2,617 2,417 4,794 6,836 13,559 14 1.2 2.3 3.5 7.0 519 1,030 1,475 2,925 2,701 5,357 7,640 15,153 15 1.2 2.5 3.8 7.5 576 1,143 1,635 3,244 2,996 5,942 8,473 16,805 16 1.3 2.7 4.0 8.0 635 1,259 1,802 3,574 3,300 6,546 9,334 18,514 17 1.4 2.8 4.3 8.5 695 1,379 1,973 3,914 3,614 7,169 10,222 20,276 18 1.5 3.0 4.5 9.0 757 1,502 2,150 4,264 3,938 7,810 11,138 22,091 Reservoir 5 Volume 680 ac -ft Fill Time (1" per hour) Fill Time (2" per hour) Fill Time (3" per hour) Fill Time (6" per hour) P.) Ihrsl Ihrsl (hrs) Dm) 0 1 2 3 4 5 hr 0 0 29 110 258 487 807 C 2.5 H1" lal 81 311 733 1,383 2,291 le) 240 H-2" (ft) 0 149 421 773 1,190 1,663 H-3" eft 0 421 1,611 3,797 7,163 11,868 H-6" 0-1" 0-1" Q-2" 0-2" 0-3" Q-3" 0-6" 0-6" Iftl Icrs) (ec-10 (cts) (ec-a) last (ac -ft) la.) lac -hl 0 0.0 0.0 0.0 0.0 0 0 0 0 0 0 0 0 1 0.1 0.2 0.3 0.5 14 29 41 81 75 149 212 421 2 0.2 0.3 0.5 1.0 41 81 116 230 212 421 600 1,190 3 0.2 0.5 0.8 1.5 75 149 213 422 390 773 1,102 2,186 4 0.3 0.7 1.0 2.0 115 229 328 650 600 1,190 1,697 3,366 5 0.4 0.8 1.3 2.5 161 320 458 908 839 1,663 2,372 4,704 6 0.5 1.0 1.5 3.0 212 421 602 1,194 1,102 2,186 3,118 6,184 7 0.6 1.2 1.8 3.5 267 530 758 1,504 1,389 2,755 3,929 7,793 8 0.7 1.3 2.0 4.0 326 647 927 1,838 1,697 3,366 4,800 9,521 9 0.7 1.5 2.3 4.5 389 773 1,106 2,193 2,025 4,017 5,728 11,361 10 0.8 1.7 2.5 5.0 456 905 1,295 2,568 2,372 4,704 6,708 13,306 11 0.9 1.8 2.8 5.5 526 1,044 1,494 2,963 2,736 5,427 7,739 15,351 12 1.0 2.0 3.0 6.0 600 1,189 1,702 3,376 3,118 6,184 8,818 17,491 13 1.1 2.2 3.3 6.5 676 1,341 1,919 3,807 3,515 6,973 9,943 19,722 14 1.2 2.3 3.5 7.0 756 1,499 2,145 4,255 3,929 7,793 11,112 22,041 15 1.2 2.5 3.8 7.5 838 1,662 2,379 4,718 4,357 8,642 12,324 24,444 16 1.3 2.7 4.0 8.0 923 1,831 2,621 5,198 4,800 9,521 13,576 26,929 17 1.4 2.8 4.3 8.5 1,011 2,006 2,870 5,693 5,257 10,427 14,869 29,493 18 1.5 3.0 4.5 9.0 1,102 2,185 3,127 6,203 5,728 11,361 16,200 32,133 RECENT GROUNDWATER MONITORING 4 CIVIL RESURCES,LLC ENGINEERS & PLANNERS August 9, 2019 Mr. Eric Scott Division of Reclamation, Mines, and Safety 1313 Sherman Street, Room 215 Denver, Colorado 80203 RECEIVED AUG 1 2 2019 COMMISSIONERS RE: Adequacy Review 1 for 112 Construction Materials Reclamation Amendment 1 to the Permit, Bernhardt Gravel Mine, Permit M-2002-120; Response Dear Mr. Scott: This letter is being generated to satisfy the preliminary review dated June 4, 2019 for the Bernhardt Gravel Mine. The italicized items are the current comment and the bold text are the responses: APPLICATION FORM: Item 12: Primary Future (Post -mining) Land Use - Based on the submitted reclamation plan it appears that mined cells 2-5 will be reclaimed as lined water storage reservoirs. DRMS believes that it would be more appropriate to select Developed Water Resource as the post mining land use at this time. Please revise as necessary or identify the reasons for the currently selected post mining land use of pastureland. That is correct but this just describes the amended parcel. The application has been updated to state that the entire site will be upland and reclaimed as water storage. 6.2 GENERAL REQUIREMENTS OF EXHIBITS 6.2.1 General Requirements (1) This Rule provides for the guidelines for, and information requirements of, each Exhibit required to be submitted with the permit application, as specified according to Section 6.1. (2) Maps and Exhibits Maps, except the index map, must conform to the following criteria: (a) show name of Applicant; The applicant is shown. (b) must be prepared and signed by a registered land surveyor, professional engineer, or other qualified person; The maps are signed by a qualified representative. (c) give date prepared; - The date prepared are shown on the maps. (d) identify and outline the area which corresponds with the application; The permit boundary and amended area are clearly shown. (e) with the exception of the map of the affected lands required in Section 34-32.5-112(2)(d), C.R.S. 1984, as amended, shall be prepared at a scale that is appropriate to clearly show all elements that are required to be delineated by the Act and these Rules. The acceptable range of map scales shall not be larger than 1 inch = 50 feet nor smaller than 1 inch = 660 feet. Also, that a map scale, appropriate legend, map title, date and a north arrow shall be included. The scales are within the appropriate range. Please revise reclamation plan map so that scale and north arrow are not obscured This has been updated. EXHIBIT A - Legal Description (Rule 6.4.1): The legal description must identify all affected land and be wholly adequate for field location of the property. It can be in the form of metes and bounds survey or a description by reference to township, range and section to at least the nearest quarter/quarter section. Where applicable, the street address or lot numbers may be used The legal description has been updated and attached to this response. 323 FIFTH STREET • P.O. Box 680 • FREDERICK, COLORADO 80530 • PHONE: 303.833.1416 • FAX: 303.833.2850 (vb I;C Rev yew ©9/1811el cotPL.CTP,), PW(�Ml£RLChI/CK) o9/ taw,. wt9- 1,-1 3O Page 2 Mr. Eric Scott August 9, 2019 Please revise legal description to include all permitted area - notjust the amended parcel. Please also veriy if the parcel owned by the Town of Milliken on the west side of the permit area is actually intended to be included in the permit area. If it is actually to be included in the permit, then right of entry must be obtained and they must be listed in the surface and mineral owner exhibits as appropriate. If the Town of Milliken parcel is not included in the permit area, the total permitted acreage as well as the permit boundary shown on all maps will need to be corrected. After doing some research it seems the Town parcel was included in the original permit boundary. EXHIBIT C - Pre -mining and Mining Plan Map(s) of Affected Lands (Rule 6.4.3): One or more maps may be necessary to legibly portray the following information: (a) all immediately adjacent surface owners of record; Property owner to the immediate SW of the permit (Vigil, Genevieve) has not been included. Also the property owner listed to the north of the permit area does not match the information on the Weld County Assessor's map, and a strip of property on the east side of the permit is not properly identified - Please update/revise as needed. See updated map(s) including all the property owners. As a general note, due to the density of information (structures/utilities/property owners/existing mine features/pre-mining contours/floodplain info, etc.), the provided maps are very difficult to read DRMS asks that you separate some of these required items onto separate figures, or at least use color coded features to increase map legibility. (b) the name and location of all creeks, roads, buildings, oil and gas wells and lines, and power and communication lines on the area of affected land and within two hundred (200) feet of all boundaries of such area. This information is included on all maps. It appears that at least some gas/oil features have been removed/relocated (patina gas well in cell #3?) Please update maps as needed to accurately reflect current conditions. Also please show the locations of all mine features such the processing plant, product stockpiles, conveyor, etc. (c) the existing topography of the area with contour lines of sufficient detail to portray the direction and rate of slope of the affected land; See updated maps. (d) the total area to be involved in the operation, including the area to be mined and the area of affected lands (see definition of "Affected Land"); This is shown on the updated maps. Additional information will need to be provided as to how the amended area will be mined, if it will be mined such as proposed extents of excavation, etc. The amended area will not be mined and will only serve as an area for the conveyor to cross. (e) the type of present vegetation covering the affected lands; and The vegetation is upland grasses and disturbed ground. (I) in conjunction with Exhibit G -Water Information, Subsection 6.4. Z if required by the Office, further water resources information will be presented on a map in this section. All current water resources information is shown on the amps. (g) Show the owner's name, type of structures, and location of all permanent or man-made structures contained on the area of affected land and within two hundred (200) feet of the affected land. All known structure within 200' are shown on the maps. Page 3 Mr. Eric Scott August 9, 2019 Please revise as needed. (h) In conjunction with Exhibit l - Soils Information, Subsection 6.4.9, soils information may be presented on a map in this section; The soils information is included on the maps. (i) Aerial photos, if available, may be included in this section. See updated maps. EXHIBIT D - Mining Plan (Rule 6.4.4): The mining plan shall supply the following information, correlated with the affected lands, map(s) and timetables: (a) description of the method(s) of mining to be employed in each stage of the operation as related to any surface disturbance on affected lands; Mine at a three Horizontal to 1 Vertical (3H:1 V). Reclaim as water storage. (b) earthmoving; All earth moving is done via scraper, excavator and haul truck. Or by a loader directly loading a conveyor belt. (c) all water diversions and impoundments; and Currently Pond 2 is an approved water storage vessel. (d) the size of area(s) to be worked at any one time. You may want to revise this section - based on the current conditions more than 10-20 acres will be disturbed across this site. The disturbed area is: Pond 1: 27.76 acres, approximately 11 acres of this Pond is silt storage and fresh water pond. Pond 2: 25.8 acres, approximately 50 -percent is water storage. Central Colorado Water Conservancy District owns the approved storage pond and stores their water rights in that pond. Pond 3: 3 acres of perimeter seeding and above water line seeding, otherwise this pond is nearing completion of reclamation below high water line. CCWCD installed a spillway in the northwest corner of the pond earlier in the year. Pond 4: 12.5 acres, which is overestimated as the slopes are reclaimed on the south side at 3:H1V. Typically during active mining the miner does not like to "open up" more than 10 to 20 acres at a time. (e) An approximate timetable to describe the mining operation. The timetable is for the purpose of establishing the relationship between mining and reclamation during the different phases of a mining operation. You will not be required to meet specific dates for initiation, or completion of mining in a phase as may be identified in the timetable. This does not exempt you from complying with the performance standards of Section 3.1. Such timetable should include: (i) an estimate of the periods of time which will be required for the various stages or phases of the operation; Pond 4 has approximately 400,000 tons of aggregate remaining and Pond 5 has approximately 1-miliion tons remaining. The miner is currently mining at 500,000 tons per year. So there is approximately 3 years of mining remaining onsite. Since the miner excavates the slope sat 3H to 1V the reclamation slopes are close to complete. Including an additional year to revegetate and finish grade the slopes, this would result in a completion around 2024. (ll) a description of the size and location of each area to be worked during each phase; and As stated above, typical 10 to 20 acres will be worked at one time. The reclamation is ongoing (iii) outlining the sequence in which each stage or phase of the operation will be carried out. (Timetables need not be separate and distinct from the mining plan, but may be incorporated therein.) - The next year or so the miner will continue to mine Pond 4, then move into Pond 5 around 2021. (I) A map (in Exhibit C - Pre -Mining and Mining Plan Maps(s) of Affected Lands, Subsection 6.4.3) may be used along with a narrative to present the following information: Page 4 Mr. Eric Scott August 9, 2019 (i) nature, depth and thickness of the ore body or deposit to be mined and the thickness and type of overburden to be removed (maybe marked 'CONFIDENTIAL, "as per Paragraph 1.3(3)); andThe material is sand and gravel and is approximately fifteen to twenty feet deep. The overburden is five feet deep and is sandy clay material. (ii) nature of the stratum immediately beneath the material to be mined in sedimentary deposits. NA (g) Identify the primary and secondary commodities to be mined/extracted and describe the intended use; and The primary commodity is washed sand and gravel for use in building material and concrete. (h) name and describe the intended use of all expected incidental products to be mined/extracted by the proposed operation. The intended use of the washed sand and gravel is for building materials and concrete production. The rock is crushed to Y4 size and shipped to local batch plants owned by the operator. The overburden is used as topsoil in reclamation projects. Cell 2 is stated as being rained out" in the text and on the provided map, but the existing configuration does not match the reclamation plan map. Please revise mine plan/reclamation plan to show additional mining and/or the proposed final configuration of Cell 2 when mining is complete (open water vs. upland). See updated map, but the amended area will be upland and the original permit boundary will be reclaimed water storage. There is a phase 5A "shown on the mining plan map, but it is not addressed in the mining plan - please revise as necessary. This phase is also present on the reclamation plan map. Phase 5A is the same as Phase 5. Additional information will need to be provided as to how the amended area will be mined, if it will be mined (proposed extents/depths/method etc.) The amended area will not be mined and will only be used as a location for the conveyor to cross. Please acknowledge the existing stipulation for this permit regarding mining within 200' of the riverbank. (attached) The miner acknowledges the existing stipulation. An updated mining plan has been include in this response, many of the comment responses are similar to the text above. EXHIBIT E - Reclamation Plan (Rule 6.4.5): (1) In preparing the Reclamation Plan, you should be specific in terms of addressing such items as final grading (including drainage), seeding, fertilizing, revegetation (trees, shrubs, etc.), and topsolling. You are encouraged to allow flexibility in your plans by committing to ranges of numbers (e.g., 6"- 12" of topsoil) rather than specific figures. (2) The Reclamation Plan shall include provisions for, or satisfactory explanation of all general requirements for the type of reclamation proposed to be implemented by you. Reclamation shall be required on all the affected /and. The Reclamation Plans shall include: The reclamation plans had been updated. (a) A description of the type(s) of reclamation you propose to achieve in the reclamation of the affected land, why each was chosen, the amount of acreage accorded to each, and a general discussion of methods of reclamation as related to the mechanics of earthmoving; The reclamation plans had been updated. (b) A comparison of the proposed post -mining land use to other land uses in the vicinity and to adopted state and local land use plans and programs, In those instances where the post -mining land use is for industrial, residential, or commercial purposes and such use is not reasonably assured, a plan for revegetation shall be submitted. Appropriate evidence supporting such reasonable assurance shall be submitted; The immediate surrounding area contains a wastewater treatment plant to the south and east. A large powerline easement to the east, a concrete plant to the southeast and an industrial site to the east of the concrete plant. Further east are feed lots and a significant amount of agricultural Page 5 Mr. Eric Scott August 9, 2019 activity with heavy machinery running six to eight months out of the year. The mine has been active since 2004 and was annexed into the Town of Milliken around the same time. The reclaimed use will be water storage and upland grasses. This is well within Weld County's zoning and Milliken's zoning and reclaimed water storage along the river is an appropriate use for the Site. (c) A description of how the Reclamation Plan will be implemented to meet each applicable requirement of Section 3.1; To date about 40% of the reclamation plan is complete. The site has been maintained, weeds have been sprayed and vegetative berms have been developed. The slurry walls have all been constructed, any flooding damage was repaired. Concerning the slurry walls; Pond 2 has been tested and is complete. Pond 3 has been tested and is complete. Pond 4 has been tested and is provisionally approved. Pond 5 is being tested and will be completed mid -summer 2019. (d) Where applicable, plans for topsoil segregation, preservation, and replacement; for stabilization, compaction, and grading of spoil, and for revegetation. The revegetation plan shall contain a list of the preferred species of grass, legumes, forbs, shrubs or trees to be planted, the method and rates of seeding and planting, the estimated availability of viable seeds in sufcient quantities of the species proposed to be used, and the proposed time of seeding and planting; The seeding and rates are shown on the plans. (e) A plan or schedule indicating how and when reclamation will be implemented. Such plan or schedule shall not be tied to any specific date but shall be tied to implementation or completion of different stages of the mining operation as described in Subparagraph 6.4.4(1)(e). The plan or schedule shall include: (i) An estimate of the periods of time which will be required for the various stages or phases of reclamation; The reclamation is ongoing. To date: Pond 1 will be backfilled and remains open water for silt storage and fresh water. Pond 2 has been reclaimed approximately 70%, Pond 3 is approximately 80% reclaimed. Pond 4 is being mined and will be complete in the next year. Pond 5 has been disturbed slightly to begin the slurry wall leak test but will be backfilled and left unmined until Pond 4 is complete. (ii) A description of the size and location of each area to be reclaimed during each phase; and Typically the mining is 3H to 1V and the pond/mining area is reclaimed as the miner continues. Fine grading and revegetation are also ongoing. Pond 2 has been a water storage area for some years and Pond 3 is in final reclamation. Pond 4 should be complete in a year and reclamation will continue shortly thereafter. Pond 5 will be mined after Pond 4 and is completed in a year. Reclamation takes approximately one year. (iii) An outline of the sequence in which each stage or phase of reclamation will be carried out. (The schedule need not be separate and distinct from the Reclamation Plan, but may be incorporated therein.) (l) A description of each of the following: (i) Final grading - specify maximum anticipated slope gradient or expected ranges thereof; The range of slopes across the site will be 0.2% to 2% which is very close to the native/historic grade and 3H to 1V side slopes/excavation slopes for the reclaimed water storage reservoirs. (ii) Seeding - specify types, mixtures, quantities, and expected time(s) of seeding and planting; See seed mixture on the updated maps. (iii) Fertilization - if applicable, specify types, mixtures, quantities and time of application; There will be no fertilization. (iv) Revegetation - specify types of trees, shrubs, etc., quantities, size and location; and There will be no trees planted. (v) Topsoiling - specify anticipated minimum depth or range of depths for those areas where topsoil will be replaced. Typically six -inches of topsoil is placed prior to seeding/revegetation. Item (a) states that 'the mined area will be reclaimed to existing grade, but that does not seem to match the plan for the majority of the site at this time. Please revise or clarify and provide additional detail as needed. Page 6 Mr. Eric Scott August 9, 2019 This was specific to the amended area. The amended area will not be mined and will only be used as a location for the conveyor to cross. The remainder of the site will be mined as discussed in this response and shown on the plans/maps. Cell 2 is stated as being "mined out" in the text and on the provided map, but the existing configuration does not match the reclamation plan map. Please revise reclamation plan and map to show the proposed final configuration of Cell 2 when mining is complete (open water vs. upland). Cell 2 is reclaimed water storage and the areas shown on the reclamation plan show the area that will remain upland. Cells 3,4 and 5 are located within the 100 year floodplain as well as the Weld County proposed floodway for the Big Thompson River. Permittee will need to provide design and construction of flood -control structures (armored spillway/inlet-outlet structures, etc.) for these cells to protect the long-term integrity of the slurry wall liners and prevent excessive erosion of the pit walls due to flood events. Cost for the design and installation of these features should be included in Exhibit L. There is a phase "5A" shown on the reclamation plan map, but it is not addressed in the reclamation plan - please revise as necessary. 5a is incorrect and should all be referred to as 5. Additional information will need to be provided as to how the amended area will be reclaimed, it'll will be mined (proposed extents/depths/method etc.) The amended area will not be mined and will only be used as a location for the conveyor to cross. The remainder of the site will be mined as discussed in this response and shown on the plans/maps. An updated reclamation plan has been included in this response. EXHIBIT F - Reclamation Plan Map (Rule 6.4.6): The map(s) of the proposed affected land, by all phases of the total scope of the mining operation, shall indicate the following.: (a) The expected physical appearance of the area of the affected land, correlated to the proposed mining and reclamation timetables. The map must show proposed topography of the area with contour lines of sufficient detail to portray the direction and rate of slope of all reclaimed lands; and - See attached maps. (b) Portrayal of the proposed final land use for each portion of the affected lands. See the updated maps. Please revise reclamation plan map for readabili y as previously described in the comments for Rule 6.2 and Exhibit C. Define area "M" or remove from map. See updated maps. Reclamation map should show contours of proposed final reclamation topography, not pre -mining topography. See updated maps. Please revise reclamation plan map to show structures remaining within the permit area when mining and reclamation is complete. Features not remaining within the permitted area when reclamation is complete (topsoil stockpiles, conveyors, relocated utilities, etc.) should be removed from the map. See updated maps. Reclamation plan map should show areas of proposed upland reclamation, shoreline area, final shoreline/open water configuration, undisturbed areas, locations of existing and proposed slurry walls, and locations of flood control inledoutletstructures. Page 7 Mr. Eric Scott August 9, 2019 See updated maps. EXHIBIT G - Water Information (Rule 6.4.7): (1) If the operation is not expected to directly affect surface or groundwater systems, a statement of that expectation shall be submitted. This response serves as the statement to that the mining and reclamation are not expected to directly affect the surface or groundwater systems. The operation has been slurry lined for approximately 15 years and has not affected the hydrologic cycle as there have been no filed complaints to the DRMS or the division of Water Resources or have there been discussion from surrounding property owners in -regards to wells or surface water. Slurry lining began in approximately 2004 with no reported impacts to surrounding wells or mounding reported from property owners with basements. Three of the four completed slurry walls have been tested and passed final or provisional leak testing. This is real time data, there has been no change in surrounding open water levels, such as Pond 2 or the Town Milliken's Waste Water Treatment Plant. The approved SWSP has been attached to this response under Exhibit G, along with the slurry wall leak tests. (2) if the operation is expected to directly affect surface or groundwater systems, you shall: (a) Locate on the map (in Exhibit C) tributary water courses, wells, springs, stock water ponds, reservoirs, and ditches on the affected land and on adjacent lands where such structures may be affected by the proposed mining operations; All the water features are shown. (b) Identify all known aquifers; and The area is within the South Platte Alluvial Aquifer. (c) Submit a brief statement or plan showing how water from dewatering operations or from runoff from disturbed areas, piled material and operating surfaces will be managed to protect against pollution of either surface or groundwater (and, where applicable, control pollution in a manner that is consistent with water quality discharge permits), both during and after the operation. All dewatering water is pumped from a sump to a settling pond and then to the river. The water is sampled quarterly per the CDPHE COG501549 Permit. (3) You must provide an estimate of the project water requirements including flow rates and annual volumes for the development, mining and reclamation phases of the project. The miner has continuously been up to date with the State Engineers Substitute Water Supply Plan requirements. The miner uses 1,000 gallons per day for dust suppression and 1,000 gallons per minute to wash gravel. The gravel wash water is recycled in a fresh water pond. (4) You must indicate the projected amount from each of the sources of water to supply the project water requirements for the mining operation and reclamation. The miner uses approximately 0.1 ac -ft of water for dust suppression and a acre-feet of water for washing aggregate. (5) You must affirmatively state that the Operator/Applicant has acquired (or has applied for) a National Pollutant Discharge Elimination System (NPDES) permit from the Water Quality Control Division at the Colorado Department of Health, if necessary. The miner has obtained a CDPHE COG501549 discharge permit, attached to this response. Due to the density of information currently on the Mining Plan map, it may improve map clarity to summarize the features listed in 2(a) on a separate map for this exhibit. The maps have been updated. In the approved permitting documents, Hall Irwin committed to installing nine groundwater monitoring wells and conducting monthly water level data monitoring for this site. Was this commitment ever satisfied, and if so, please provide well locations for any monitoring wells on site, corresponding well construction logs, and summarize any existing water level data for the site. There are 4 monitoring wells onsite (permits attached and locations show on the maps). The miner has checked the wells periodically during years of monitoring throughout the various leak tests for Pond 3, 4 and 5. The fresh water pond in the northwest part of the site has remained as is since 2004 with very little change in water surface elevation. During the Pond 3 leak test in 2015 an exposed drain to the south of the Pond 3 was used to compare the water level inside the Pond 3 and outside to show the slurry wall was not leaking Page 8 Mr. Eric Scott August 9, 2019 water faster than the state's leakage criteria. Subsequently Pond 4 and Pond 5 have been leak tested and the exterior water levels measured in the monitoring wells have been 6 -feet to 12 feet below ground surface which is within the original water level depths measured approximately 17 years ago as compared to the initial drilling performed for the slurry wall investigation, attached to this response. EXHIBIT H - Wildlife Information (Rule 6.4.8): (1) In developing the wildlife information, you may wish to contact the local wildlife conservation officer. You must include in this Exhibit, a description of the game and non -game resources on and in the vicinity of the application area, including: (a) a description of the significant wildlife resources on the affected land; (b) seasonal use of the area; (c) the presence and estimated population of threatened or endangered species from either federal or state lists; and (d) a description of the general effect during and after the proposed operation on the existing wildlife of the area, including but not limited to temporary and permanent loss of food and habitat, interference with migratory routes, and the general effect on the wildlife from increased human activity, including noise. DRMS has recently received a notice of concurrence stamped and dated by US Fish and Wildlife Service that disqualifies the permit area from further concerns regarding Preble's Jumping Mouse habitat. This notice has been added to the DRMS electronic site file. This has been updated and Exhibit H is attached to this response. EXHIBIT L - Reclamation Costs (Rule 6.4.12): All information necessary to calculate the costs of reclamation must be submitted and broken down into the various major phases of reclamation. You must provide sufficient information to calculate the cost of reclamation that would be incurred by the state. This has been updated, and Exhibit L has been attached to this response. Reclamation costs provided will be reviewed by DRMS when all adequacy issues have been addressed This Exhibit should be updated as needed to reflect changes made during the adequacy review process. This has been updated. EXHIBIT M - Other Permits and Licenses (Rule 6.4.13): A statement identifying which of the following permits, licenses and approvals the Operator/Applicant holds or will be seeking in order to conduct the proposed mining and reclamation operations: effluent discharge permits, air quality emissions permits, radioactive source material licenses, the State Historic Preservation Office clearance, disposal of dredge and fill material (404) permits, permit to construct a dam, well permits, highway access permits, U.S. Forest Service permits, Bureau of Land Management permits, county zoning and land use permits, and city zoning and land use permits. All permits have been acquired. Please list the current permits that have been obtained for the site, as well as those that are still be required for the operation. Permits: - DRMS Permit - State Engineer SWSP Permits - CDPHE Permits Page 9 Mr. Eric Scott August 9, 2019 EXHIBIT N - Source of Legal Right to Enter (Rule 6.4.14): You must provide the source of your legal right to enter and initiate a mining operation on the affected land. If the Town of Milliken parcel on the west side of the permit is to be included, the Permittee will need to obtain legal right to enter for this area. Source of legal right to enter has been submitted to Milliken and Bestway is awaiting comments from Milliken. The Milliken property on the west side of the permit has been in the permit boundary since the original permit was acquired and there have been no problems with entry onto that area or has that area seen any activity in quite some time. EXHIBIT O - Owner(s) of Record of Affected Land (Surface Area) and Owners of Substance to be Mined (Rule 6.4.15): Please submit a complete list of all owners or show the owners on your map in Exhibit C. If the Town of Milliken parcel on the west side of the permit is to be included, the Permittee will need include information from the Town of Milliken in this exhibit. A list of all owners has been included on Map 2a. EXHIBIT S - Permanent Man -Made Structures (Rule 6.4.19): Please note that roadways and above ground or underground utilities (ifpresent) within 200 feet of the proposed affected area are considered permanent man-made structures. In accordance with Rule 6.4.19, when mining operations will adversely affect the stability of any significant, valuable and permanent man-made structure located within 200 feet of the affected area, the applicant may either; (a) Provide a notarized agreement between the applicant and the person(s) having an interest in the structure, that the applicant is to provide compensation for any damage to the structure; or (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. See response below. Please provide evidence (certified letter to structure owners) that a notarized agreement between the structure owners and the applicant was pursued. See response below. If an agreement is unable to be reached a geotechnical assessment may be provided to demonstrate that the structures shall not be damaged See response below. You must provide information sufficient to demonstrate that the stability of any structures located within two hundred (200) feet of the operation or affected land will not be adversely affected See response below. There are no records in the original permit application, or any subsequent revision, that structure damage agreements were provided to any structure owners within 200' of the mine site. In a letter to the site file dated March 6, 2003, the Division approved a 55 foot setback from all structures unless a written agreement had been obtained from the structure owner and subsequently reviewed and approved by the Division. No structure agreements were provided to the Division to date. See response below. The Division notes that at this time it appears that mining has taken place well within the approved 55' of the overhead power line that runs through the Cell 2 area. Therefore, the permittee will be required to either immediately obtain an executed damage waiver agreement from the owner of the overhead lines, or backfill the excavation to a minimum distance of 55' from the overhead lines. Permittee should review the setback distance from other structures within and adjacent to the permit to ensure they are in compliance with the 55'required setback See response below. Page 10 Mr. Eric Scott August 9, 2019 Please acknowledge that no excavation will be permitted closer than 55' from any structure until either a new geotechnical stability review is provided to the Division to modify the existing requirement, or an executed damage waiver agreement has been obtained from the structure owner and submitted to the Division. All structure agreements were mailed out. Also an updated slope stability analysis was performed and is attached to this review. Additional Information: You will also need to provide the Division with proof of notice publication as well as proof of notice to surrounding property owners within 200' of the permit. Any letters from other commenting agencies/entities received by the Division to date have been included with this correspondence for you to review. All notices and mail return receipts are provided in this review. If they were not available by the time this review response was submitted they will be copied to the DRMS via email once they are received by Civil Resources. All updates are on file with the Weld County Clerk. See attached confirmation. This concludes the Division's preliminary adequacy review of this application. This letter shall not be construed to mean that there are no other technical deficiencies in your application. Other issues may arise as additional information is supplied. Please remember that the decision date for this amendment application is August 5, 2019. As previously mentioned, ifyou are unable to provide satisfactory responses to any inadequacies prior to this date, it will be your responsibility to request an extension of time to allow for continued review of this application. If there are still unresolved issues when the decision date arrives and no extension has been requested, the application will be denied. If you have any questions, please contact me at (303) 866-3567 x8140. CIVIL RESOURCES, LLC Andy Rodriguez, P.E End: Maps Application Legal Description Exhibit D, E, & G, H, L, O, R & S 200' Neighbor Return Receipts Structure Agreement Mailings J:IBestway-2131bemhardt\DRMS Permit updatelAdequacylAdq-1-M2002-120-6-21-19.doc Bestway Concrete Mark Johnson, Manager UPDATED PLANS J: Besnray-2131bernnara DrawiresSheets\DRMS-Fgs.awg. Cover DRMS. 81'2019 3:53:3 DIVISION OF RECLAMATION MINING AND SAFETY PERMIT M-2002-120-AM01 BESTWAY CONCRETE, INC. BERNHARDT GRAVEL MINE AM01 WELD COUNTY, COLORADO SET* NORTH WCR 48 CONVEYOR AMENDMENT BOUNDARY PROJECT LOCATION MAP lilliken U '52 HIGHWAY 60 SCALE 1" = 1000' , aniels Seh i CERTIFICATION: I HEREBY CERTIFY THAT THESE PLANS FOR THE DRMS PERMIT FOR THE - WERE PREPARED UNDER MY DIRECT SUPERVISION FOR THE OWNERS THEREOF. BY. ANDREW R. RODRIGUEZ, P E DATE: 04/26/19 BESTWAY CONCRETE. INC. DOES HEREBY ACCEPT AND APPROVE THESE PLANS FOR THE DBMS PERMIT. m BY: AUTHORIZED REPRESENTATIVE BESTWAY CONCRETE, INC. PREPARED FOR: DATE.04/26/29 BESTWAY CONCRETE, INC. 301 Centennial Dr, Milliken, CO 80543 970 587 7277 PREPARED BY: CIVIL RESOURCES, LLC 323 5th STREET P.O. BOX 680 FREDERICK, CO 80530 303 833 1416 ■s Et n below. Cal ben REVISIONS NO. DESCRIPTION ADO REVIEW DATE 8'09/19 BY DATE: 10/24,2016 ARR DWG: DRMS-Figs.dwg SHEET: 1 F r J:tBestway-213ibernha at praxr ,gs•Sheets\DRMS-Fgs.a*g. 2a historic Cona ikms 8.9i2019 3:56:50 PM WESTERN EIZJIPMENT A TRULY( INC ACCOUNT R 519 PARCEL 105907000053 r WELL NOUNS" NO. 781 -WEB TOWN OF NRITKEN ACCOUNT: 84426686 PARCEL: 10590100007 CNN 6 SHARON *WWII ACCOUNT' 81196296 PARCEL: -_05902400002 1 / STEVEN / SSW KI ELIAN ' ACCOUNT:: 21196101 NA�CLLOSW 'EWE) KERN 8 BROORE WAGNER •ACCOUNT. 84474296 .'ARCF:::05907000020 AWL 3.ENEVTEVE M ACCOUNT :Ra943757 PARCEL: 105911101034 SOILS LEGEND: ' ir C.4 V BtRIRIAROT FARMS LU. -_aCCOUNT: NMMSB6 • P.SCEL: 10590 (000WI W1/4 Cp. me r 1 U fit URIC SLOPE 0.55% lJ88GARON r 3104 3DX4X IRRIG EASEMENT SW (OR.. SEC. I awcec- -�J ITN — I7 ilia WPM aToI GIN (a) RI Ppt o NO RECORD COUNTY ROAD ROW (TOWN R1ElAErF)f AQUOLLS AND AQUEN TS, GRAVELLY SUBSTRATUM ASCALON LOAM, 0 TO 1 PERCENT SLOPES DACONO CLAY LOAM, 1 TO 3 PERCENT SLOPES KIM LOAM. 1 TO 3 PERCENT SLOPES STRUCTURE INFO: NUNN LOAM• 0 TO 1 PERCENT SLOPES NUNN LOAM, I TO 3 PERCENT SLOPES PAOLI LOAM• 0 TO 1 PERCENT SLOPES TASSEL FINE SANDY LOAM, 5 TO 20 PERCENT SLOPES VARIOUS BUILDINGS OWNED BY LAND OWNER OVERHEAD POWER (PUBLIC SERVICE OF COLORADO) GAS LINES/FACILITY (PDC WELLS. NOBLE WELLS & DCP GASLINES) BUILDINGS (TOWN OF MILLIKEN PROPERTIES) GASLINE/FACILITY (BERNHARDT DELBERT LSR TRUST) IRRIGATION DITCH/ HILLSBOROUGH DITCH (LITTLE WALKER PROPERTIES OF COLORADO) IRRIGATION DITCH/HILLSBOROUGH DITCH (BERNHARDT DELBERT LSR TRUST) HOUSE/BUILDING (STEVEN & KAREN KIELAN) IRRIGATION DITCH/ HILLSBOROUGH DITCH (JOHN & SHARON KIELAN) WCR 25 & ROW (WELD COUNTY PUBLIC WORKS) WCR 48 & ROW (WELD COUNTY PUBLIC WORKS) WCR 23 & ROW (WELD COUNTY PUBLIC WORKS) HOUSE/BUILDING (JERRID KERN & BROOKE WAGNER) HILLSBOROUGH DITCH UST1C TORRIOR THEN TS, MODERATELY STEEP AFFECTED LANDS: CONVEYOR PROPERTY: VARIOUS OUT BUILDINGS FLOODPLAIN INFO: FLOODPLAIN INFO IS FROM FIRM FLOOD INSURANCE RATE MAP PANEL NO. 0802660750C EFFECTIVE DATE: SEPTEMBER 28, 1982 EXISTING VEGETATION: FALLOWED AGRICULTURAL LAND • .q ASSOOA TEO NA TURK GAS EAST:MOM- / APPROPRIATE LOCATION OF _ Q NATURAL GAS 1W TEAR 4500 RCM-- FLOOOPLM U1115 Q CIRRI TY CO. ACE55 EASEMENT '�NLLSBOooucH op. ortcm BERNHARDT DEADER% LSR TRUST ACCOUNT: 84241506 PARCEL• 105912200011 / SURVEY INFO: O Lonna 47-2 -c El NCR( SS EWE SS EASEMENT 617' OED1CA(ED PUBLIC ROW 200' NEST RREXARON tremor OL/GAS TAN( KING SURVEYORS 650 E Garden Dnve I Windsor. Colorado 80530 phone (0719 686-5011 I email: info@KingSurvcvors.com APPLICANT: BESTWAY CONCRETE & AGGREGATE 301 CENTENNIAL DRIVE MILLIKEN, CO 80543 4. ASSOCIATED NATURAL GAS EASEMENT S 1/6 Ca. 55.1 WELL MUM NO. 60779-F NOTE: CZ$(/IIAROT FARMS ILL ACCb,JNT: R4202206 PARCEL: :C 9.1t1'N.003 NOBLE ENERGY GAS BELL. RRCOUONG WELL (PR) / IC/ SG(+ TOWN OF MALAWI ACCOUNT: TD0440411 PARCEL• 105901000043 WELL PERMIT RFC, IF7MN. 30 DEDICATED PUBLIC ROW 200' NEST ANNEXATION • ir MLU(EN SANITATION 0151gCT JO WOE SERER EASEMENT PI WELL PERMIT NO. 3177553- COMRETEO 2017 BERNHARDT r, LUE CUL !WARM IRIElcAna. nun EASEMENT NOBLE GAS YELL (9) TOWN OF WILSON ACCOUNT: 82460903 PARCEL: 10591 :49001 LAND SLOPE 0.55% J CUM TY CO RLESS EASELENt KONG ERSIMG FARM ROAD �IDR :MI5 THEN r, LLT< ./ ACCOUNT: ROM 01 SESTWAT .-ONPANY *ARM: ;05912014004 ACRCEL:: .6100]7' PARCEL: :0 12149082 'HELL PCPMR mo. 42441,-R — CDR INVESTMENTS LLC ACCOUNT: R0165201 PARCEL: 1(5912014005 AILPORT PROPERTIES CO LLC ACCOJNT. 0.0:65001 PARCEL: 105912014003 MOO YEAR FtOCIOPLAEI UNITS 92 *ELL PERMIT NO. 307954 - COMPLETED 201. ( ASSOCAIEO NATURAL GAS EASEMENT 41 -POC CAS HELL (PRODUCING) 601 IT ROW ICI GAS EASDI N1 van DENTE€ DRIVE HIGHWAY 60 CIVIL RESOURCES. LLC. IS NOT RESPONSIBLE FOR SAFETY, IN, ON, OR ABOUT THE PROJECT SITE, NOR FOR COMPLIANCE BY THE APPROPRIATE PARTY OF ANY REGULATIONS THERETO. THESE MAPS WERE PREPARED BY CIVIL RESOURCES, LLC. IN COOPERATION WITH BESTWAY CONCRETE. BESTWAY WILL KEEP THE DIVISION OF RECLAMATION MINING AND SAFETY INFORMED OF ANY CHANGES TO THE MINING OR RECLAMATION PLANS THROUGH ANNUAL REPORTS AND FILE TECHNICAL REVISIONS AND AMENDMENT APPLICATIONS AS NECESSARY THROUGHOUT THE LIFE OF THE MINE. LEGEND: 1 ( ASSOCIATED NAIUNAL GAS EASEMENT EXISTING Er I0. RC.ATION EASEMENT TO BE vACATTO ASSUCIAILL) NA!URAL IO'.e' GAS VALVE 9 I IRRIGATION 01 ICH I . I —484O- PERMIT BOUNDARY 100 YR. FLOODPLAIN EXISTING DITCH EXISTING 2' CONTOURS 0HE EXISTING OVERHEAD POWER 60 G— EXISTING GAS LINE T — EXISTING TELEPHONE LINE x — EXISTING FENCE SECTION LINE EDGE OF UNPAVED ROAD x I G0 RO I EST OF 4-0101 IRE F08 COLWIT ROAD BT N ESORP 171 RECORDS URCIE/R U 3 i BERNHARDT FARMS LLC ACCOUNT: 84381586 PARCEL. I05.0600000A WILL P/P NIT NO. .:'40 -R -I3 \ ` 7.ci .6ERViccj�T) Os Caau O AC T; 40278 / PARCEL: 105706000003 I WELL PERMIT NO. 519.(52 CENTER DRIVE Ms.R=f=—j S:n' VAK4 NO. 60 EXISTING ROAD R.O.W. PROPOSED ROAD R O.W. EXISTING TREE EXISTING GAS WELL (P&A, PR OR SI) o EXISTING TANK BATTERY TESTHOLE NUMBER (H_8NUMBER OF FEET (3.3 12.0) OF OVERBURDEN & NUMBER OF FEET OF GRAVEL RESOURCE e 3 WATER WELLS m STRUCTURES NORTH Know what s below. Call before you dig. SOILS CLASSIFICATION BOUNDARY MONITORING WELLS 3 PROPOSED MONI TORING WELLS BEE '4974 FIRM (4971) BASE FLOOD ELEVATIONS G7 CIVIL RES"WURCES, LLC= 323 5th STREET P.O. Box 680 FREDERICK, CO 80530 303.833.1416 WWW.CIVILRESOURCES.COM W.CIVILRESOURCES.COM BESTWAY CONCRETE, INC. 301 CENTENNIAL DR. MILLIKEN, CO 80543 970.587.7277 CONTACT: MARKiOHNSON CONVEYOR AMENDMENT TO M2002-120 REVISIONS NO, DESCRIPTION DATE AN REVIEW 1118/19 DESIGNED BY: XXX DRAWN BY: XXX CHECKED BY: XXX DATE: <XX XX. 2014 SCALE: AS NOTED AS NOTED JOB NO.: Value DWG NAME:DRMS-FIGS.DWC HISTORIC CONDITIONS :3HFF is 2a • CIVIL RES PURCES, LLC 323 5th STREET P.O. Box 680 FREDERICK, CO 80530 303.833.1416 WWW.CIVILRESOURCES.COM W. CIVILRESOURCES.COM J..Bestway.2131bernnarot10rawtngs1Sheets\DRMS-Fgs.dwg, 2b 6dstlng Conditions, 8/9/2019 3:57: WEIL PERMIT .0 /3L -RCS afr STRUCTURE INFO: , II I VARIOUS BUILDINGS OWNED BY LAND OWNER OVERHEAD POWER (PUBLIC SERVICE OF COLORADO) GAS LINES/FACILITY (PDC WELLS. NOBLE WELLS & DCP GASLINES) BUILDINGS (TOWN OF MILLIKEN PROPERTIES) GASLINE/FACILITY (BERNHARDT DELBERT LSR TRUST) IRRIGATION DITCH/ HILLSBOROUGH DITCH (LITTLE WALKER PROPERTIES OF COLORADO) IRRIGATION DITCH/HILLSBOROUGH DITCH (BERNHARDT DELBERT LSR TRUST) HOUSE/BUILDING (STEVEN & KAREN KIELAN) IRRIGATION DITCH/ HILLSBOROUGH DITCH (JOHN & SHARON KIELAN) WCR 25 & ROW (WELD COUNTY PUBLIC WORKS) WCR 48 & ROW (WELD COUNTY PUBLIC WORKS) WCR 23 & ROW (WELD COUNTY PUBLIC WORKS) HOUSE/BUILDING (JERRID KERN & BROOKE WAGNER) HILLSBOROUGH DITCH rl C a ' a • r 0 OW SRI SEWS NOME OVOID GAS MU.. MUGGED AND AW+BIIoaPeD w[u (PIA) _ CELL 1 FRESH WATER -\ AND SILT STORAGE AREA NOT SLURRY LINED f ` CELL 2 PARTIALLY v . \ MINED OUT - �._ AND SLURRY WALL TEST APPROVED WATER STO&WE WATER STORAGE 7 INSIDE POND 2 INSIDE POMO 2 - J NOW :AS - //� WELL JT Pr F EMP AGGREGATE WRYER IRRIGATION 01104 SW COT.. SEC AFFECTED LANDS: .POC GAS .YELL SI I ` ErAGE Of POND r.rtcx CONVEYOR PROPERTY: VARIOUS OUT BUILDINGS FLOODPLAIN INFO: FLOODPLAIN INFO IS FROM FIRM FLOOD INSURANCE RATE MAP PANEL NO. 0802660750C EFFECTIVE DATE: SEPTEMBER 28, 1982 EXISTING VEGETATION: FALL0WED AGRICULTURAL LAND FRESH WATER POND -ArTO AELECTRIC 7E NONE LD& D P0101TYLLT 9E MINING IIIGII WALL 20' TO It FROM POWER IJNE Yt:I V FtjIE SLOPE FORMAT ILL TRD) FOR WATER. STORAGE S FAISTING AGGREGATE PLATT WATER STORACA INSIDE POND 2 ' -- - - MISBOROJG4 / ARICA TION / DITO1 SURVEY INFO: O - WELL PERIR NO. . SPILLWAY CURRENTLY SLURRY WALLTYP. �-S: AC. AMENDED PARCEL TO BE USED FOR THE .a�CONVEYOR CROSSING ONLY I I WATER STORAGE INSIDE PCTD 2 60' DEACATED PUBuC ROW 200' NEST AMFEiA IMON MICA TION EATON 9W I/{ KING SURVEYORS 650 F. Garden Drive I Windsor, Colorado 80551) phone•. (970) 686-5011 I email: info@KingSurveyors.com veyors.com APPLICANT: BESTWAY CONCRETE & AGGREGATE 301 CENTENNIAL DRIVE MILLIKEN. CO 80543 `. AIN ETN TFAt4CF CONVEYOR BELT a i So - SLURRY WALL UP. CELL 5 NOT MINED, PARTIALLY DISTURBED TO' BEGIN SLURRY WALL LEAK TEST INLY MIRE wea PERMIT No. 307963-vO1ID 4 MOP! CO FLIER° 1012 // ROBLE ENERGY GAS WELL, PROD ONG wet (PR) O I MINOR DISTURBANCE FOR F SLOPPY WAIL LEAK TEST AREA TO BE RaJtMM DE CAO( TO GRADE/ AND SEEDED S 0— S. LEE SW 1/4 WILL PERMIT NO. 42447 -FA IGO FEAR RAMPS GUIS WELL PERMIT NO. 3CNS-- CUMIETED 201' ° Ar' POC GAS win a CELL 4 PARTIALLY MINED OUT AND SLURRY WALL TEST PROVISIONALLY APPROVED NOTE: LEGEND: via r rN TFR Eli; \ CIVIL RESOURCES. LLC. IS NOT RESPONSIBLE FOR SAFETY, IN, ON, OR ABOUT THE PROJECT SITE. NOR FOR COMPLIANCE BY THE APPROPRIATE PARTY OF ANY REGULATIONS THERETO. THESE MAPS WERE PREPARED BY CIVIL RESOURCES, LLC. IN COOPERATION WITH BESTWAY CONCRETE. BESTWAY WILL KEEP THE DIVISION OF RECLAMATION MINING AND SAFETY INFORMED OF ANY CHANGES TO THE MINING OR RECLAMATION PLANS THROUGH ANNUAL REPORTS AND FILE TECHNICAL REVISIONS AND AMENDMENT APPLICATIONS AS NECESSARY THROUGHOUT THE UFE OF THE MINE. IRRIGA RON 01104 WELL PERMIT TOD. I40124 PERMIT BOUNDARY 100 YR. FLOODPLAIN .\ • Ws 1/4 0 COW --` 1 ♦♦ S 10 RDE EST OF %CRON UNE FOR COLONY ROAD BT PIESCAPIIO9 MEOW LOgEAR t SE CPR.. SEC 1 EXISTING DITCH —dew— EXISTING 2' CONTOURS OHE EXISTING OVERHEAD POWER —G— EXISTING GAS LINE -T - EXISTING TELEPHONE LINE -x - EXISTING FENCE SECTION LINE EDGE OF UNPAVED ROAD X .09 HELL PERMIT NO 11740 -A -A off is PEPSI NO. 511wta-11 A MAN 1W CENTER DRIVE EXISTING ROAD R.O.W. PROPOSED ROAD R.O.W EXISTING TREE EXISTING GAS WELL (P&A, PR OR SI) 0 EXISTING TANK BATTERY TESTHOLE NUMBER TH_677-NUMBER OF FEET (3.5 120) OF OVERBURDEN B NUMBER OF FEET OF GRAVEL RESOURCE 9 3 m 3 BFE '4974 FIRM (4971) NORTH know what's below. Call before you Mg. STRUCTURES SOILS CLASSIFICATION BOUNDARY MONITORING WELLS WATER WELLS PROPOSED MONITORING WELLS BASE FLOOD ELEVATIONS BESTWAY CONCRETE, INC. 301 CENTENNIAL DR. MILUKEN, CO 80543 970.587.7277 CONTACT: MARK JOHNSON CONVEYOR AMENDMENT TO M2002-120 REVISIONS NO, DESCRIPTION DATE 1 ADQ REVIEW 7/15/19 DESIGNED BY: XXX DRAWN BY: XXX CHECKED BY: XXX DATE: aR tor, 2014 SCALE: AS NOTED AS NOTED JOB NO.: Value DWG NAME:DRMS-FIGS.DWG EXISTING CONDITIONS/ MINING PLAN SHEET: 2b l:IBesiwoy-273ubernhamllOrawings1SheetslORM5-FIgs.Owg. 3 Reclamation M/2019 3.58:18 PM, c2 2 SEC. 1 X x I • W 1/4 COR.. SEG. 1 MAINTAIN SLOPES TO THE RIVER, AREA NOT DISTURBED Q STRUCTURE INFO: 4780 4770 •760 4 77.0 1750760 171 +717 1720 )3 Q r 0 Y 4730 NOBLE ENERGY GAS WELL, PLUGGED AND ABANDONED WELL (PRA) CELL 1 TO BE RECLAIMED UPLANDS RECLAIMED TO "4720 EL, SLOPE TOWARDS THE RIVER AT 0.5% / NOBLE GAS WELL SHUT IN (SI) VARIOUS BUILDINGS OWNED BY LAND OWNER OVERHEAD POWER (PUBLIC SERVICE OF COLORADO) GAS LINES/FACILITY (PDC WELLS. NOBLE WELLS & OCP GASLINES) BUILDINGS (TOWN OF MILLIKEN PROPERTIES) GASLINE/FACILITY (BERNHARDT DELBERT LSR TRUST) IRRIGATION DITCH/ HILLSBOROUGH DITCH (LITTLE WALKER PROPERTIES OF COLORADO) IRRIGATION DITCH/HILLSBOROUGH DITCH (BERNHARDT DELBERT LSR TRUST) HOUSE/BUILDING (STEVEN & KAREN KIELAN) IRRIGATION DITCH/ HILLSBOROUGH DITCH (JOHN & SHARON KIELAN) WCR 25 & ROW (WELD COUNTY PUBLIC WORKS) WCR 48 & ROW (WELD COUNTY PUBLIC WORKS) WCR 23 & ROW (WELD COUNTY PUBLIC WORKS) HOUSE/BUILDING (JERRIE) KERN & BROOKE WAGNER) HILLSBOROUGH DITCH tip= DISTURBED AREAS RECLAIMED UPLAND GRASSES PDC GAS WELL (SI) 47{0 LINE S 1 SPILLWAY 3H:1V RECLAIMED SLOPE 4/60L 42 4J � I 0 Q NOBLE ENERGY GAS WELL, PLUGGED AND ABANDONED WELL (P&A) III 3 -VERTICAL FEET (9 LINEAR FEET) ti\ RECLAIMED SHORELINE � TYP. ON ALL SHORELINES CELL 3 RECLAIMED WATER STORAGE, TOP EL: 4720, BOTTOM 4690 GASLINE TO BE RELOCATED r-6 AC. AMENDED PARCEL RECLAIMED UPLANDS - CELL 2 COMPLETED WATER STORAGE (TOP EL 4730, --BOTTOM 4700) CENTRAL COLORADO WATER CONSERVANCY DISTRICT IS CURRENTLY STORING WATER ONSITE DUE s AFFECTED LANDS: CONVEYOR PROPERTY: VARIOUS FLOODPLAIN INFO: OUT BUILDINGS FLOODPLAIN INFO IS FROM FIRM FLOOD INSURANCE RATE MAP PANEL NO. 08026607500 EFFECTIVE DATE: SEPTEMBER 28, 1982 EXISTING VEGETATION: FALLOWED AGRICULTURAL LAND SURVEY INFO: NOTE: SEEDING SPEC FOR UPLAND AREAS: I KIM; SURVEYORS 650 E. Gorden Drive I Windsor. Colorado 84).551) phone: (970) 686-5111 I I email: info@KingSurveyors.com APPLICANT: BESTWAY CONCRETE & AGGREGATE 301 CENTENNIAL DRIVE MILLIKEN, CO 80543 --w nn_x _ `..r NOBLE ENERGY - GAS WELL, PRODUCING ) WELL (PR) x x MAINTAIN SLOPES TO THE RIVER, AREA NOT DISTURBED CONVEYOR AREA EXCEPT o- s_�fpC..d— lay _ _ a =- _ ' - YYIs "; . DUKE CIVIL RESOURCES, LLC IS NOT RESPONSIBLE FOR SAFETY. IN, ON, OR ABOUT THE PROJECT SITE, NOR FOR COMPLIANCE BY THE APPROPRIATE PARTY OF ANY REGULATIONS THERETO. THESE MAPS WERE PREPARED BY CIVIL RESOURCES, LLC IN COOPERATION WITH BESTWAY CONCRETE. BESTWAY WILL KEEP THE DIVISION OF RECLAMATION MINING AND SAFETY INFORMED OF ANY CHANGES TO THE MINING OR RECLAMATION PLANS THROUGH ANNUAL REPORTS AND FILE TECHNICAL REVISIONS AND AMENDMENT APPLICATIONS AS NECESSARY THROUGHOUT THE LIFE OF THE MINE. 1s `r r., - F _ / 0 so SPILLWAY v ,e fir, NOBLE ENERGY / GAS WELL, / PRODUCING WELL (PR) CELL 5 RECLAIMED WATER STORAGE TOP EL: 4720, BOTTOM 4690 3H:1V RECLAIMED SLOPE SPILLWAY - CELL 4 RECLAIMED WATER STORAGE TOP EL: 4720, BOTTOM 4690 NOBLE GAS WELL (Si) SIN S. LINE SW 1/4 COMMON NAME (VARIETY) SCIENTIFIC NAME LBS PLS/ACRE SAND BLUESTEM SAND LOVEGRASS INDIAN RICEGRASS PRAIRIE SANDREED GREEN NEEDLEGRASS LITTLE BLUESTEM YELLOW INDIANGRASS SWITCHCRASS SAND OROPSEED (CHAMP. CHET) (BEND, NATIVE, NE27) (NEZPAR. RIMROCK) (GOSHEN) (LODORM) (BLAZE. CIMARRON, CAMPER) (CHEYENNE, HOLT, SCOUT) (BLACKWELL. NEBRASKA 28) 1 2.5 3 0.75 0.75 0.5 0.5 TOTAL LBS PER ACRE. 12.0 LEGEND: MAINTAIN SLOPES TO THE RIVER, AREA NOT DISTURBED NOBLE ENERGY GAS WELL, PRODUCING WELL (PR) 1/. I GASLINE TO BE RELOCATED Il :I PERMIT BOUNDARY 100 YR. FLOODPLAIN EXISTING DITCH —4mo— EXISTING 2' CONTOURS A EXISTING OVERHEAD POWER EXISTING GAS LINE EXISTING TELEPHONE LINE EXISTING FENCE SECTION LINE EDGE OF UNPAVED ROAD STRUCTURES SOILS CLASSIFICATION BOUNDARY MONITORING WELLS PDC GAS WELL (PR) 60.0' ROW EXISTING ROAD R.O.W. PROPOSED ROAD R.O.W EXISTING TREE X EXISTING GAS WELL EXISTING TANK BATTERY 0 TESTHOLE NUMBER TH-6� NUMBER OF FEET (3.5 12.0) OF OVERBURDEN e NUMBER OF FEET OF GRAVEL RESOURCE WATER WELLS PROPOSED MONI TORING WELLS 3 m 3 BFE "4974 FIRM (4971) BASE FLOOD ELEVATIONS •790 E OerTo COR. Vt ) 0 4* Co SE COR , SEC. NORTH 1 #44 • a 00 200 (Rra-T) Know Suitt below. Call before you dig. f if CIVIL RESOURCES, LLC 323 5th STREET P.O. Box 680 FREDERICK, CO 80530 303.833.1416 W W W.CI VILRESOURCES. COM BESTWAY CONCRETE, INC. 301 CENTENNIAL DR. MILLIKEN, CO 80543 970.587.7277 CONTACT: MARK ;OHNSON NO REVISIONS DESCRIPTION DATE ADQ REVIEW 7/28/29 DESIGNED BY: XXX DRAWN BY: XXX CHECKED BY: XXX DATE: xxx xx, ?0L4 SCALE: AS NOTED AS NOTED JOB NO.: Value DWG NAME:DRMS-FIGS.DWG RECLAMATION PLAN SHEET: 3 UPDATED APPLICATION 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: [1 There is a File Number Already Assigned to this Operation Permit # M - -_ (Please reference the file number currently assigned to this operation) New Application (Rule 1.4.5) Amendment Application (Rule 1.10) Conversion Application (Rule 1.11) Permit # M-2002-120 (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): Bestway Concrete Company 1.1 Type of organization (corporation, partnership, etc.): 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 4. Fees: 4.1 New Application 4.2 4.4 4.5 Conveyor Amendment to Bernhardt Gravel Mine New Quarry Application Amendment Fee Conversion to 112 operation (set by statute) 286.1 5.6 291.7 permitted acres acres acres $2,696.00 application fee $3,342.00 quarry application $2,229.00 amendment fee $2,696.00 conversion fee 5. Primary commoditie(s) to be mined: sand gravel top soil general fill 5.1 Incidental commoditie(s) to be mined: 1. - lbs/Tons/yr 2. / 3. / lbs/Tons/yr 4. / lbs/Tons/yr 5. / lbs/Tons/yr lbs/Tons/yr 5.2 Anticipated end use of primary commoditie(s) to be mined: 5.3 Anticipated end use of incidental commoditie(s) to be mined: -2- 6. Name of owner of subsurface riehts of affected land: Bernhardt Farms LLC If 2 or more owners, "refer to Exhibit O". 7. Name of owner of surface of affected land: Bernhardt Farms LLC 8. Type of minin2 operation: Surface O Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld County 6th (Colorado) E1 10th (New Mexico) El Ute PRINCIPAL MERIDIAN (check one): SECTION (write number): TOWNSHIP (write number and check direction): RANGE (write number and check direction): QUARTER SECTION (check one): QUARTER/QUARTER SECTION (check one): GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): 0.75 miles northwest of Milliken, el: 4716 s1 T 4 II North El South R 67 El East ID West D D ESE ESW El NE LJNW SE . SSW 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 20 sec 12 27 (2 decimal places) Longitude (W): deg 104 min 50 sec 15 75 (2 decimal places) OR Example: (N) 39.73691° (W) -104.98449° Latitude (N) (5 decimal places) Longitude(W) (5 decimal places) OR Universal Tranverse Mercator (UTM) Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Datum (specify NAD27, NAD83 or WGS 84) WGS 84 Zone 13 Easting Northing -3- 11. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Contact's Name: Company Name: Street/P.O. Box: City: State: Telephone Number: Fax Number: Mark Johnson Bestway Concrete Company Title: VP Aggregates 301 Centennial Drive Milliken P.O. Box: Co (970 ) _ 587 7277 (970 ) _ 587 7287 Zip Code: 80543 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Andy Rodriguez Title: Project Engineer Company Name: Civil Resources, LLC Street/P.O. Box: 323 5th Street P.O. Box: 680 City: Frederick State: CO Zip Code: 80530 Telephone Number: (303 ) _ 833 1416x202 Fax Number: ( ) - INSPECTION CONTACT Contact's Name: Same As Applicant Operator Title: Company Name: Street/P.O. Box: P.O. Box: City: State: Zip Code: Telephone Number: ( ) - 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-minine) land use (check one): Cropland(CR) El Pastureland(PL) General Agriculture(GA) Rangeland(RL) _O Forestry(FR) Wildlife Habitat(WL) nResidential(RS) n Recreation(RC) Industrial/Commercial(IC) nDeveloped Water Resources(WR) 1,3 Solid Waste Disposal(WD) 13. Prima ' resent land use check one Cropland(CR) Rangeland(RL) Residential(RS) Pastureland(PL) Forestry(FR) Recreation(RC) Developed Water Resources(WR) General Agriculture(GA) Wildlife Habitat(WL) Industrial/Commercial(IC) 14. Method of Mining: Briefly explain mining method (e.g. truck/shovel): wet mine 15. On Site Processing: Crushing/Screening 13.1 Briefly explain mining method (e.g. truck/shovel): wet/dry mining with excavator and haul trucks 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). Adding proposed "Bernhardt Farms LLC Property" to existing Bernhardt Mine. Material will be hauled to existing processing area. -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)(b) Rule 6.5 Legal Description Index Map Pre -Mining and Mining Plan Map(s) of Affected Lands Mining Plan Reclamation Plan Reclamation Plan Map Water Information Wildlife Information Soils Information Vegetation Information Climate Information Reclamation Costs Other Permits and Licenses Source of Legal Right -To -Enter Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined Municipalities Within Two Miles Proof of Mailing of Notices to County Commissioners and Conservation District Proof of Filing with County Clerk or Recorder Permanent Man -Made Structures ADDENDUM I - 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. Ifyou do not understand these obligations then please contact this Office for a full explanation. 1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; -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; 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as permittee can result; 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; 5. It is your responsibility to notify the Office of any changes in your address or phone number; 6. Upon permit issuance and prior to beginning on -site mining activity, you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information (Rule 3.1.12): a. the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c. the permit number. 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance. 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Construction Material Rules and Regulations in effect at the time the permit is issued. 9. Annually, on the anniversary date of permit issuance, you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example, a permit with the anniversary date ofJuly 1, 1995, the annual fee is for the period ofJuly 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. -8 - Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. To the best of my knowledge, all significant, valuable and permanent man-made structure(s) in existence at the time this application is filed, and located within 200 feet of the proposed affected area have been identified in this application (Section 34-32.5-115(4)(e), C.R.S.). 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-1 15(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 PST- day of 1\1 Applicant/Operator or Company Name Signed: Title: State of Co 1 a ro.c c ) ss. County of U.-.) e-\ ) The foregoing instrument was acknowledged before me this 2v I f , by r"24e_y_ . c: o1) s+ as v" JAIMIE MICHAEL ADDY NOTARY PUBLIC - STATE OF COLORADO NOTARY ID 20184029403 MY COMMISSION EXPIRES JUL 19, 2022 , dcDi4' If Corporation Attest (Seal) day of Signed: Corporate Secretary or Equiva ent Town/City/County Clerk Mat ublic of t,\i uMc1 CAr��r2k My Commission expires: J:01 / 5./ 20 Z a SIGNATURES MUST BE IN BLUE INK You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a EXHIBIT A - UPDATED LEGAL DESCRIPTION EXHIBIT A - LEGAL DESCRIPTION -ADQ 1 This information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.1 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: LAND PARCEL DESCRIPTION ORGINAL PERMIT BOUNDARY: NORTHWEST 1/4, SOUTHWEST 1/4, SECTION 1, TOWNSHIP 4 NORTH, RANGE 67 WEST OF 6TH P.M., SOUTHEAST 1/4, SECTION 1, TOWNSHIP 4 NORTH, RANGE 67 WEST OF THE 6TH P.M., SOUTH %2 OF THE SW 1/4, NE 1/4, SW 1/4, SECTION 1, TOWNSHIP 4 NORTH ,RANGE 67WEST OF 6TH P.M. (BERNHARDT ANNEX) AMENDED PARCEL: TRACT 2, OF PARCEL 2, BIG THOMPSON ANNEXATION TO THE TOWN OF MILLIKEN, LOCATED IN THE SOUTHEAST 1/4 OF SECTION 1, TOWNSHIP 4 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. CONTIAINED WITHIN THE FENCE ON THE SOUTH SIDE, EXCLUDED ANY DEBRIS PILES. SAID DESCRIBED PARCEL 1 CONTAINS 5.6 ACRES, MORE OR LESS (±). Bestway Concrete & Aggregates — Conveyor Amendment-Bemhardt Mine — MLRB 112 Permit Amendment Application Exhibit A -1 EXHIBIT D & E - MINING PLAN & RECLAMATION PLAN EXHIBIT D - MINING PLAN -ADQ RESPONSE 1 This information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.4 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: (a) Description of the method(s) of mining to be employed in each stage of the operation as related to any surface disturbance on affected lands; The proposed permit area includes a significant deposit of sand and gravel located in the alluvium of the Big Thompson River in Weld County. The site is located southwest of the Big Thompson River, north of WCR 48 and west of WCR 25. It encompasses 6.0 acres +/-. Existing Conditions and Site Preparation: Existing Conditions The current Bernhardt Gravel Mine is actively being mined. The proposed amended property is a fallow piece of ground bounded on the north, east and west by the Bernhardt mine. Site Preparation Initial disturbance of the property will include: clearing the site of existing structures (with exception of the structures to remain), and stripping the topsoil and overburden. The parcel is too small to mine to bedrock. Mining: Cell 1— mined out, silt storage and fresh water pond Cell 2 — mined out — slurry wall approved and water currently stored Cell 3 — mined out — slurry wall approved Cell 4- partially mined — slurry wall provisionally approved Cell 5 — minimum disturbance for provisional slurry wall test Amended Area — minimum disturbance with conveyor going through — future silt storage if this area is partially mined out after conveyor is moved The operator will develop and comply with a Stormwater Management Plan and Spill, Prevention, Control and Countermeasures Plan. The operator will notify the Division of Mine Safety and Reclamation in the event of a reportable spill. Processing: All material mined under this proposed application will be transported by conveyor or haul truck to the processing area. Import Material: Bestway Concrete & Aggregates may import material from and export material to other sites. The applicant is aware that in accordance with Rule 3.1.5(9) of the Construction Material Rules and Regulations, if any offsite material is used as backfill, a notarized Bestway Concrete & Aggregates — Conveyor Amendment -Bernhardt Mine — MLRB 112 Permit Application Exhibit D -1 letter will be submitted to the Division indicating the materials are inert. The applicant will supply such a letter to the Division if, at the time of Reclamation, the applicant intends to use off -site material as backfill. (b) Earthmoving; Topsoil and overburden will be stripped with scrapers or bulldozers and stockpiled in segregated piles at the edge of the active mine. Excavators, front-end loaders, and bulldozers will be used to excavate the material. Conveyor belts or haul trucks will be utilized to transport the raw material from the active mine phase to the processing area. The amended parcel will not be mined. (c) All water diversions and impoundments; and The perimeter of the mined area will be dewatered by digging a trench to bedrock. The water will be pumped into a settling pond and discharged in accordance with a CDPS permit. Wash water for the processing area will be recycled through a series of small ponds within the processing area. The water required to operate the facility will likely be provided by the existing water rights associated with the property. No ditches will be disturbed without prior authorization of the appropriate ditch company. (d) The size of area(s) to be worked at any one time. Typically 10 to 20 acres areas are disturbed during mining. (e) An approximate timetable to describe the mining operation. The timetable is for the purpose of establishing the relationship between mining and reclamation during the different phases of a mining operation. The Operator anticipates that mining will commence as soon as all permits are in place. The Operator anticipates extracting approximately 500,000 tons of aggregate per year, however, production rate may vary based on market demands. Timetable for Mining and Reclamation There is approximately 5 years of mining reserves remaining at the mine. Pond 4 has approximately 400,000 tons of aggregate remaining and Pond 5 has approximately 1-miliion tons remaining. The miner is currently mining at 500,000 tons per year. So there is approximately 3 years of mining remaining onsite. Since the miner excavates the slope sat 3H to 1V the reclamation slopes are close to complete. Including an additional year to revegetate and finish grade the slopes, this would result in a completion around 2024. Reclamation will begin immediately after mining is complete. When possible, concurrent reclamation practices will be used to minimize site disturbance and to limit material handling to the greatest extent possible. Please refer to the Mining Plan Map in Exhibit C for phase areas to be mined, locations and areas. Bestway Concrete & Aggregates — Conveyor Amendment-Bemhardt Mine — MLRB 112 Permit Application Exhibit D - 2 (0 Use Mining Plan Map in conjunction with narrative to present: (i.) Nature, depth and thickness of the deposit and thickness and type of overburden to be removed Exploratory borings were performed by Bestway Concrete. The bedrock depths in the proposed mine areas ranged from approximately 15 feet to 19 feet below the ground surface. (ii) Nature of the stratum immediately beneath the material to be mined in sedimentary deposits The site is located approximately 15 miles east of the foothills of the Colorado Front Range on the western flank of the Denver Structural Basin. The basin is a downwarp of sedimentary strata that tends north-northwest, parallel to the mountain front. In the project area, the sedimentary bed dips gently eastward toward the axis of the basin east of the site. Based on regional geologic mapping (Colton, 1978), the near surface bedrock in the project area is the Paleocene and Upper Cretaceous Denver and Arapahoe Formations. The bedrock is overlain by upper Pleistocene and Holocene (Quarternary age) gravel deposits and eolian (wind blown) overburden soils. The gravel deposits exist primarily within the Broadway Alluvium deposit. The bedrock unit consists mainly of claystone and may contain lenses of siltstone and sandstone. (g) Identify the primary and secondary commodities to be mined/extracted and describe the intended use. The primary commodities are sand, gravel and fill; intended for construction materials. Name and describe the intended use of all expected incidental products to be mined/extracted by the proposed operation. There are no expected incidental products to be mined. (i) Specify if explosives will be used in conjunction with the mining (or reclamation) No explosive material will be used on -site. (h) Bestway Concrete & Aggregates — Conveyor Amendment -Bernhardt Mine — MLRB 112 Permit Application ExhibitD-3 • EXHIBIT E - RECLAMATION PLAN — ADQ 1 This information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.5 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: The proposed mining and reclamation plan focuses on minimizing the ecological impacts of mining, minimizing the length of time of impact, and maximizing long-term benefits. The mine is currently: Cell 1— mined out, silt storage and fresh water pond — not reclaimed. Cell 2 — mined out — slurry wall approved and water currently stored — partially reclaimed Cell 3 — mined out — slurry wall approved — actively being reclaimed, finalizing slopes, cleaning the bottom, shoreline reclamation and perimeter seeding remain. Cell 4- partially mined — slurry wall provisionally approved, actively being mined. Cell 5 — minimum disturbance for provisional slurry wall test. Amended Area — minimum disturbance with conveyor going through. Area will not be mined. (a) A description of the type(s) of reclamation the Operator proposes to achieve in the reclamation of the affected land, why each was chosen, the amount of acreage accorded to each, and a general discussion of methods of reclamation as related to the mechanics of earthmoving; The mined area will be reclaimed to existing grade around the buffer areas or perimeter of the Ponds. Each pond except for Pond 1 will be reclaimed water storage with an approved slurry wall. The amended area will not be mined and the minimal disturbed area where the conveyor passed through will be reclaimed as upland. The area will be fine graded back to existing grades, which is 0.5% towards the northwest/Big Thompson River. Pond 1: 27.76 acres, approximately 11 acres of this Pond is silt storage and fresh water pond. Pond 2: 25.8 acres, approximately 50 -percent is water storage. Central Colorado Water Conservancy District owns the approved storage pond and stores their water rights in that pond. Pond 3: 3 acres of perimeter seeding and above water line seeding, otherwise this pond is nearing completion of reclamation below high water line. CCWCD installed a spillway in the northwest corner of the pond earlier in the year. Pond 4: 12.5 acres, which is overestimated as the slopes are reclaimed on the south side at 3:H1V. Typically during active mining the miner does anticipate like to "open up" more than 10 to 20 acres at a time. Refer to Exhibit F for the acreages and additional details, including grades and pond configurations. Bestway Concrete & Aggregates — Conveyor Amendment-Bemhardt Mine — MLRB 112 Permit Application Exhibit E -1 Earthmovinq The topsoil will be replaced by a scraper and generally graded with a blade or dozer. All grading will be done in a manner that controls erosion and siltation of the affected lands, to protect areas outside the affected land from slides and other damage. In addition, all backfilling and grading will be completed as soon as feasible after the mining process. All disturbed areas will be regraded and smoothed to a finished grade that is suitable for revegetation or the final land use. As noted previously, the area will be reclaimed as mining commences. Finish grading, topsoil placement and seeding will occur once the resource is completely removed. A typical cross-section of the shoreline is included on the Reclamation Plan Map. (b) A comparison of the proposed post -mining land use to other land uses in the vicinity and to adopted state and local land use plans and programs. Once returned to existing (pre -mined) grade, the site can return to being farmed. The water storage reservoirs will be compatible with the other land uses in the vicinity, which includes farmland, industrial land, and rural residential. (c) A description of how the Reclamation Plan will be implemented to meet each applicable requirement of Section 3.1. The Operator will carry reclamation to completion with reasonable diligence. Reclamation will be completed within one to two years from completion of mining, but not more than five years from the date the Operator informs the Board or Office that such phase has commenced. The reclamation is ongoing. To date: Pond 1 will be backfilled and remains open water for silt storage and fresh water. Pond 2 has been reclaimed approximately 70%, Pond 3 is approximately 80% reclaimed. Pond 4 is being mined and will be complete in the next year. Pond 5 has been disturbed slightly to begin the slurry wall leak test but will be backfilled and left unmined until Pond 4 is complete. Typically the mining is 3H to 1V and the pond/mining area is reclaimed as the miner continues. Fine grading and revegetation are also ongoing. Pond 2 has been a water storage area for some years and Pond 3 is in final reclamation. Pond 4 should be complete in a year and reclamation will continue shortly thereafter. Pond 5 will be mined after Pond 4 and is completed in a year. Reclamation takes approximately one year. The range of slopes across the site will be 0.2% to 2% which is very close to the native/historic grade and 3H to 1V side slopes/excavation slopes for the reclaimed water storage reservoirs. Section 3.1.5 Reclamation Measures Material Handling Grading will be performed to help control erosion and siltation of the affected lands through phased mining, implementing good operation techniques to handle material as little as possible, and vegetation of stockpiles remaining in place for more than one growing season. Although the use of erosion protection devices is not anticipated, if deemed necessary by the Bestway Concrete & Aggregates — Conveyor Amendment-Bemhardt Mine — MLRB 112 Permit Application Exhibit E - 2 operator at the time of excavation, silt fence and haybale dams will be installed to prevent erosion. Backfilling and grading will be completed as soon as feasible after the mining process is complete. Maximum slopes and slope combinations will be compatible with the configuration of surrounding conditions and selected land use. Mining will occur at a slope that is stable. The site will be reclaimed to grades consistent with pre -mining elevations. The operator will backfill using fill material generated on -site, or imported inert fill generated outside the permit area. If any inert off -site material is used as backfill, a notarized letter will be submitted to the Division as required by Section 3.1.5(9) of the MLRB Construction Material Rules and Regulations. It is not anticipated that mining will uncover any refuse or acid-forming or toxic producing materials, however if any such materials are encountered the operator will take precaution to handle the materials in a manner that will control unsightliness and protect the drainage system. Drill or auger holes that are part of the mining operation shall be plugged with non- combustible material, which shall prevent harmful or polluting drainage. Any test pits, soils boring holes, or monitoring wells not located within the mine excavation limits will be plugged as soon as it can be confirmed that they are no longer needed for the operation. Mined material to be disposed of within the affected area will be handled in such a manner so as to prevent any unauthorized release of pollutants to the surface drainage system. No unauthorized release of pollutants to groundwater shall occur from any materials mined, handled or disposed of within the permit area. Section 3.1.6 Water -General Requirements: The Operator will comply with applicable Colorado water laws governing injury to existing water rights and with applicable state and federal water quality and dredge and fill laws and regulations. The operator will develop and comply with a stormwater management plan and will use best management practices (BMPs) to ensure groundwater and surface water are protected to the greatest possible extent. BMPs include schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the pollution in runoff from the site. Section 3.1.7 Groundwater - Specific Requirements: The Operator will comply with the applicable standards and conditions for classified and unclassified groundwater. Section 3.1.8 Wildlife: The mining and reclamation plans have been designed to account for the safety and protection of wildlife on the mine site. The Operator will use concurrent reclamation methods to minimize the impact on wildlife. The proposed reclamation plan may improve wildlife habitat. The proposed seed mix and plantings will create improved cover, foraging, roosting, and nesting areas for wildlife. The water area within the reservoir will serve as habitat for waterfowl and other bird species and the fringes of the reservoir Bestway Concrete & Aggregates — Conveyor Amendment-Bemhardt Mine — MLRB 112 Permit Application Exhibit E - 3 will be used by mammal, bird, reptile and amphibian species. Control and/or removal of noxious and weedy species during the project and the replacement of desirable graminoid, forb, shrub and tree species during reclamation will result in enhancement of wildlife habitat on the project site. Section 3.1.9 Topsoiling Topsoil shall be removed and segregated from other spoil. Topsoil stockpiles shall be stored in places and configurations to minimize erosion and located in areas where disturbance by ongoing mining operations will be minimized. Once stockpiled, topsoil shall be rehandled as little as possible. Stockpiles that will remain in place for more than one growing season will receive vegetative cover, as outlined on the Reclamation Plan Map, as soon as possible to minimize erosion. Section 3.1.10 Revegetation: In those areas where revegetation is part of the reclamation plan, the land shall be revegetated in a manner that establishes a diverse, effective, and long-lasting vegetative cover that is capable of self -regeneration without continued dependence on irrigation or fertilizer and is at least equal in extent of cover to the natural vegetation of the surrounding area. The proposed seed -mix and plantings for reclamation are outlined on the Reclamation Plan included in Exhibit F of this application. Section 3.1.11 Buildings and Structures Please refer to the enclosed Reclamation Plan included in Exhibit F. Section 3.1.12 Signs and Markers The Operator will post appropriate signage at the entrance to the mine site. The permit area will be marked by existing fencing, or proximity to existing County roads. (d) Plans for topsoil segregation, preservation and replacement; for stabilization, compaction and grading of spoil; and for revegetation. Topsoil will be removed and segregated from other spoil. Topsoil not needed for reclamation may be sold or removed from the site. For reclamation, topsoil will be replaced by a scraper and generally graded with a blade. Grading shall be done in a manner that controls erosion and siltation of the affected land and protects areas outside the affected land from slides and other damage. In addition, backfilling and grading shall be completed as soon as feasible after the mining process. Final grading will create a final topography that is appropriate for the final land use. For example, grades on the site will be returned to existing (pre -mining) grade. Topsoil will be uniformly placed and spread on areas disturbed by the mining. The minimum thickness shall be 6 inches above the surrounding finished grade, consistent with existing topsoil depths on -site. The topsoil shall be keyed to the underlying and surrounding material by the use of harrows, rollers or other equipment suitable for the purpose. In those areas where revegetation is part of the reclamation plan, the Operator will revegetate the land in such a manner so as to establish a diverse, effective, and long- lasting vegetative cover that is capable of self -regeneration without continued dependence on irrigation or fertilizer and is at least equal in extent of cover to the natural vegetation of the surrounding area. Seed will be drilled and mulched. Bestway Concrete & Aggregates — Conveyor Amendment-Bemhardt Mine — MLRB 112 Permit Application Exhibit E - 4 The revegetation seeding and plant list on the Reclamation Plan Map contains the preferred species of grasses, shrubs and trees to be planted. Seeding will take place once final grading and replacement of topsoil have been completed. Timing of seeding will be consistent with standard horticultural practice for dryland applications - generally between late September and the middle of April to ensure there is adequate moisture for germination. (e) A plan or schedule indicating how and when reclamation will be implemented. Include: i. An estimate of the periods of time which will be required for the various stages or phases of reclamation. Please refer to the Timetable for Mining and Reclamation in Section (e) of Exhibit D. ii. A description of the size and location of each area to be reclaimed during each phase. Please refer to the Reclamation Plan Map (Exhibit F). Outlining the sequence in which each stage or phase of reclamation will be carried out. Please refer to the Timetable for Mining and Reclamation in Section (e) of Exhibit D. (I) A description of: i. Final grading — maximum anticipated slope gradient or expected ranges thereof; The finished slopes of the reservoir will be 3 horizontal to 1 vertical. Any area reclaimed to native grade will match natural topography. (a) The expected physical appearance of the area of the affected land, correlated to the proposed mining and reclamation timetables. The map must show proposed topography of the area with contour lines of sufficient detail to portray the direction and rate of slope of all reclaimed lands; and - See attached maps. (b) Portrayal of the proposed final land use for each portion of the affected lands. See the updated maps. ii. Seeding - types, mixtures, quantities and time of application; Please refer to the Reclamation Plan Map for the list of plant materials and seeds to be utilized. The operator will seed during the appropriate season to ensure adequate moisture for germination and implement weed controls to allow the grasses to successfully establish. Additional plantings may be installed once the reservoirs are full of water and the grasses are established. Fertilization -types, mixtures, quantities, and time of application; The type and application rate of fertilizer shall be determined based on a soil test at the time of final reclamation. Bestway Concrete & Aggregates — Conveyor Amendment-Bemhardt Mine — MLRB 112 Permit Application Exhibit E - 5 iv. Revegetation - types of trees, shrubs, eta; and Please refer to the Reclamation and Landscape Plan Maps for the types, quantities and location of trees and shrubs to be planted. v. Topsoiling - specify anticipated minimum depth or range of depths for those areas where topsoil will be rep/aced. Topsoil will be uniformly placed and spread on all areas disturbed by the mining above the anticipated high water line. The minimum thickness shall be 6 inches above the surrounding finished grade. WEED MANAGEMENT PLAN Bestway Concrete & Aggregates has a full-time weed manager on staff. This person is responsible for monitoring and controlling noxious weeds as they appear. Bestway Concrete typically prefers to control weeds mechanically, by mowing and/or discing. If necessary, weeds will be killed with a contact herbicide. Bestway Concrete has all of the necessary equipment in house to perform these tasks. Bestway Concrete & Aggregates — Conveyor Amendment-Bemhardt Mine — MLRB 112 Permit Application Exhibit E - 6 EXHIBIT H - WILDLIFE 6.4.8 Exhibit H - Wildlife Information Wildlife Assessment Site Description: 2002 Savage and Savage initially conducted a wildlife assessment for the Hall -Irwin Bernhardt resource site project on July 14, 2002. The Bernhardt resource site is comprised of approximately 250 acres in the S'/2 of Section 1 in Township 4 North, Range 67 West of the 6th Prime Meridian in Milliken, Weld County, Colorado. The property is bounded on the north by the Big Thompson River and an agricultural field and field lot, the east by Weld County Road 25, south by Weld County Road 48, and west by Weld County Road 23 (see wildlife habitat map in original permit document). The property was accessed from Weld County Roads 23, 25, and 48. Weather during our site investigation was hot, dry, and clear with a high temperature in the mid -90's (°F). The topography of the site is dominated by the primary and secondary alluvial terraces of the Big Thompson River. Discontinuous sandstone outcrops form bluffs (up to 25 feet) along the north bank of the Big Thompson River adjacent to the property. The elevation of the study area averages 4730 feet and slopes gently to the north toward the Big Thompson River. The soils that dominate the site are formed from alluvium and consist of loams and clays underlain by sandy clay. The significant hydrologic feature on the site is the Big Thompson River. An unnamed irrigation ditch enters the site along the west edge of the property, traverses the center of the property, and flows into the Big Thompson River north of the Milliken Water Treatment Plant. Another swale/ditch complex originates northeast of the feedlot along Weld County Road 48 and flows northeast across Weld County Road 23 terminating at the Big Thompson River. An open canopy of plains cottonwoods (Populus deltoides) dominates the riparian corridor immediately adjacent to the Big Thompson River. This open riparian corridor is dominated by mature cottonwoods with an open graminoid and forb understory. Other scattered trees along the riparian corridor include Russian olive (Elaeagnus angustifolia) and peach -leaf willow (Salix amygdaloides). Dominant understory graminoid species consist of western wheatgrass (Agropyron smithii), inland saltgrass (Distichlis spicata), smooth brome (Bromus inermis), fescue (Festuca sp.), and cheatgrass (Bromus tectorum). Several weedy species also dominated the understory including musk thistle (Carduus nutans), diffuse knapweed (Centaurea diffusa), and tansy mustard (Descurainia pinnata). Agricultural areas dominate the remainder of the project site, with individual fields within the northwest, southwest, southeast and northeast quadrants of the project site. At the time of our investigation, the agricultural areas were planted to corn. A central area through the project site has been reserved as pasture for livestock. These areas are dominated by a herbaceous graminoid community, comprised largely of inland saltgrass and ruderal weed species. Scattered individual plains cottonwood trees are located along the boundaries of the pasture area. Significant Wildlife Resources: 2002 Tables 1, 2, and 3 list wildlife species that potentially occur on -site according to the Colorado Distribution Latilong Studies (CDOW, 1981, 1990, 1998). The latilong studies address mammals, birds, reptiles, and amphibians. During our site investigation we encountered a number of avian species within the Big Thompson River riparian corridor. Killdeer (Charadrius vociferus), western meadowlark (Sturnella neglecta), red -shafted flicker (Colaptes auratus), red-headed woodpecker (Melanerpes erythrocephalus), western kingbird (Tyrannus verticalis), mourning dove (Zenaida macroura), great blue heron (Ardea herodias), red -tail hawk (Buteo jamaicensis), and a great horned owl (Bubo virginianus) were all seen flying or soaring over the riparian corridor or upland fields. A blue jay (Cyanocitta cristata) was chasing a merlin (Falco columbarius) near the swale/ditch complex that traverses the southeast corner of the site. An American robin (Turdus migratorius) was seen perched in a willow tree. Cliff swallows (Petrochelidon pyrrhonota) and house sparrows (Passer domesticus) were seen occupying jug -shaped mud nests along a sandstone bluff face north of the Big Thompson River. Several black -tailed prairie dog (Cynomys ludovicianus) colonies were identified adjacent to the unnamed ditch that traverses the center of the property. Coyote (Canis latrans) scat was identified near one of the prairie dog colonies. An American badger (Taxidea taxus) burrow was identified near a prairie dog colony north of the water treatment plant. A muskrat (Ondatra zibethicus) was observed in the Big Thompson River. Seasonal Use: 2002 With the exception of bats, the mammals species encountered during the site inspection or that potentially occur on -site are expected to be year-round residents or users of the site. The carnivore and ungulate species are not restricted to this site and tend to have relatively large home ranges (up to several square miles). The majority of rodent and insectivore species can be expected to reside on -site throughout the year, though many may hibernate during the cold months. Avian species may be year-round, temporary migrants, or summer residents of the site. Year-round residents would include the waterfowl, raptors, gallinaceous birds, pigeons, owls, and woodpeckers. The majority of the shorebirds and passerines would use the site during the spring, summer, and fall for feeding or resting during migration. Amphibian and reptile species of the site are year- round residents. Threatened and Endangered Species and Critical Habitat: 2002 Potential habitat for any identified species of special concern was evaluated. In particular, potential habitat for the Preble's meadow jumping mouse (Zapus hudsonius preblei), Ute ladies' -tresses orchid (Spiranthes diluvialis), and bald eagle (Haliaeetus leucocephalus) was evaluated based on results of a database search of the general area by the Colorado Natural Heritage Program. Potential habitat exists for the Preble's meadow jumping mouse within the cottonwood riparian corridor along the banks of the Big Thompson River. As potential habitat exists on the site, a trapping survey for the mouse would normally be required. Savage and Savage trapped a Preble's meadow jumping mouse approximately one -quarter mile west of the Bernhardt resource site along the Big Thompson River this year (2002). Given the proximity of the Bernhardt resource site to the site where the mouse was trapped, the U.S. Fish and Wildlife Service has indicated that a trapping survey is not necessary for the Bernhardt resource site. They consider the Bernhardt resource site to be within the dispersion corridor and range of this mouse population. Therefore, U.S. Fish and Wildlife Service will require a mouse mitigation plan be prepared and submitted for the Bernhardt resource site. Potential habitat for the Ute ladies' -tresses orchid is present along the Big Thompson River primary alluvial floodplain that includes riverbanks and oxbows south of the river. Habitat is also present within other depressions and swales on the site. A pedestrian survey for the orchid was conducted August 2, 2002 during the normal blooming period. No orchids were encountered within the project site. The U.S. Fish and Wildlife Service concurred with the results of the survey. No eagles or nests were observed during our investigation of the site. Based on our on - site investigation, the cottonwood trees throughout the riparian corridor are mature and some are senescent. It has been our observation that the majority of riparian corridors along the Front Range of Colorado consist primarily of mature cottonwood trees with little or no recruitment. This being the case, there will come a time when the mature cottonwood trees are gone and the overstory structure of the riparian corridor will be lost. Reclamation within the permit area and cottonwood riparian corridor could, in the long term, be of great benefit in maintaining the riparian corridor. Planting cottonwoods of varying ages throughout the riparian corridor as part of the reclamation would provide replacement trees for the mature cottonwoods, and enhance the overall existing riparian corridor habitat. Project Effects to Wildlife: 2002 According to the proposed mineral extraction plan for the Bernhardt resource a large portion of the riparian corridor that includes the majority of the mature cottonwood trees and understory adjacent to the river will be undisturbed. Noise and air emissions during mining will cause a temporary disturbance to wildlife. Species such as raccoons, coyotes, beaver, deer, and raptors will continue to use the riparian corridor during mining operations and the site itself when operations are not active. Bird species will use the periphery of the site and the site itself opportunistically, if prey or food species are present. The proposed project will extract material and leave cells within the site. Permanent reclamation of the site will entail grading, respreading topsoil, and seeding and planting perennial species that will support wildlife. The mining and reclamation will create a more diverse habitat than is currently present. Areas of open water will sustain additional species of reptiles and amphibians as well as shorebirds and waterfowl. The addition of the water will create fringe environments favorable to predatory mammals and raptors, as well as food and water sources for herbivores. With the planting of additional cottonwood trees and shrubs, additional strata and vegetation layers will be added to the site, creating improved cover, foraging, roosting, and nesting areas for wildlife. Development of an acceptable Preble's meadow jumping mouse mitigation plan in conjunction with the U.S. Fish and Wildlife Service will entail additional measures designed to enhance and protect the critical habitat of the mouse within the site as well as wildlife in general. Past mitigation plans have addressed maintenance and enhancement of riparian corridors, pest and weed control, grazing by livestock, and planting and seeding of native grasses, forbs, shrubs, and trees to facilitate renewed vigor in the riparian corridor as well as ecotonal fringe areas between the riparian corridor and more mesic upland vegetation communities and wildlife habitats. Wildlife Assessment Update: 2019 Significant Wildlife Resources: 2019 Tables 1, 2, and 3 list wildlife species that potentially occur on -site according to the Colorado Distribution Latilong Studies (CDOW, 1981, 1990, 1998). The latilong studies address mammals, birds, reptiles, and amphibians. Seasonal Use: 2019 With the exception of bats, the mammals species encountered during the site inspection or that potentially occur on -site are expected to be year-round residents or users of the site. The carnivore and ungulate species are not restricted to this site and tend to have relatively large home ranges (up to several square miles). The majority of rodent and insectivore species can be expected to reside on -site throughout the year, though many may hibernate during the cold months. Avian species may be year-round, temporary migrants, or summer residents of the site. Year-round residents would include the waterfowl, raptors, gallinaceous birds, pigeons, owls, and woodpeckers. The majority of the shorebirds and passerines would use the site during the spring, summer, and fall for feeding or resting during migration. Amphibian and reptile species of the site are year- round residents. The conclusions regarding seasonal use identified in 2002 above, remain a valid assessment in 2019. Threatened and Endangered Species and Critical Habitat: 2019 Potential habitat for any identified species of special concern was evaluated in 2002. In particular, potential habitat for the Preble's meadow jumping mouse (Zapus hudsonius preblei), Ute ladies' -tresses orchid (Spiranthes diluvialis), and bald eagle (Haliaeetus leucocephalus) was evaluated based on results of a database search of the general area by the Colorado Natural Heritage Program. Preble's Meadow Jumping Mouse In 2006, prior to project initiation, U.S. Fish and Wildlife Service clearance was obtained for the Preble's meadow jumping mouse, with the agency concluding that there would be no adverse effect to the mouse. The U.S. Fish and Wildlife Service further determined no mitigation plan for the mouse was required for this project. At the request of DRMS, Savage and Savage contacted the U.S. Fish and Wildlife Service in the spring of 2019 for a reverification and concurrence that the project would not adversely affect the Preble's meadow jumping mouse. In an e-mail dated April 11, 2019, the U.S. Fish and Wildlife Service indicated that they had "No Concerns" with disqualifying the site from potential adverse effects to the Preble's meadow jumping mouse. Ute Ladies Tresses Orchid Savage and Savage conducted a survey in potential habitat for the Ute Ladies Tresses Orchid in 2002 prior to project initiation. The U.S. Fish and Wildlife Service (letter dated September 12, 2002, included in original 2002 DRMS application) agreed with the conclusions of the survey and stated, "the Service concurs with the determination that the proposed project is not likely to adversely affect the continued existence of the orchid." No additional surveys or determinations are required by the U.S. Fish and Wildlife Service for this project site as the project was implemented in a timely manner. Bald Eagle For this 2019 update, the Colorado Oil and Gas Conservation Commission web map (https://cogccmap.state.co.us/cogcc_gis_online/) of significant wildlife feature locations was consulted. Four regional bald eagle feature locations were identified; two bald eagle nests with accompanying restricted surface occupancy (RSO) and sensitive wildlife habitat (SWH) areas, and two bald eagle roosts and the accompanying SWH areas. The bald eagle nests are located 1.5 miles east and 2.25 miles west-northwest of the closest boundary of the project site, respectively. The bald eagle roosts are located 1.5 miles southeast and 2.25 miles west-northwest of the closest project boundary of the project site, respectively. All of these features are located outside of any potential impact area from the operation. Project Effects to Wildlife: 2019 The mineral extraction plan for the Bernhardt resource project left a large portion of the riparian corridor that includes the majority of the mature cottonwood trees and understory adjacent to the river undisturbed. Noise and air emissions during mining will cause a temporary disturbance to wildlife. Species such as raccoons, coyotes, beaver, deer, and raptors will continue to use the riparian corridor during mining operations and the site itself when operations are not active. Bird species will use the periphery of the site and the site itself opportunistically, if prey or food species are present. The proposed project will extract material and leave cells within the site. Permanent reclamation of the site will entail grading, respreading topsoil, and seeding and planting perennial species that will support wildlife. The mining and reclamation will create a more diverse habitat than is currently present. Areas of open water will sustain additional species of reptiles and amphibians as well as shorebirds and waterfowl. The addition of the water will create fringe environments favorable to predatory mammals and raptors, as well as food and water sources for herbivores. With the planting of additional cottonwood trees and shrubs, additional strata and vegetation layers will be added to the site, creating improved cover, foraging, roosting, and nesting areas for wildlife. Based on comparisons of aerial imagery from 2002 and 2017 (latest available), the project disturbance has been as specified in the 2002 description of project effects to wildlife. Mineral extraction has been predominantly in the former agricultural fields within the northwest, southwest and southeast quadrants of the project site. A small area within the north central area of the project site was developed as an extraction cell with subsequent removal of scattered cottonwood trees within the boundary of the cell. The significant wildlife habitat, located along the fringes of the Big Thompson River, remains largely the same in 2019 as it was in 2002, during initial wildlife investigations. The reclamation conducted to date has created open water areas within several cells, with subsequent development of fringe environments and food and water sources for wildlife. Literature Cited Colorado Division of Wildlife. 1981 Ed. Colorado Reptile and Amphibian Distribution Latilong Study. Colorado Division of Wildlife and The Denver Museum of Natural History. 1990 Ed. Colorado Mammal Distribution Latilong Study. Colorado Division of Wildlife in cooperation with the Colorado Field Ornithologists. 1998 Ed. Colorado Bird Distribution Latilong Study. Colorado Oil and Gas Conservation Commission. 2019. Web Map. (https://cogccmap.state.co.us/cogcc_gis_online/) Table 1. Mammal Species Potentially Inhabiting the Bernhardt Site Classification/Common Name Scientific Name Preferred Habitat Marsupials Virginia Opossum Carnivores Coyote Swift Fox Red Fox Raccoon Long-tailed Weasel Mink Badger Striped Skunk Ungulates Mule Deer White-tailed Deer Antelope Lagomorphs Desert Cottontail Eastern Cottontail Black -tailed Jack Rabbit White-tailed Jackrabbit Rodents Wyoming Ground Squirrel Spotted Ground Squirrel Thirteen -lined Ground Squirrel Black -tailed Prairie Dog Fox Squirrel Northern Pocket Gopher Plains Pocket Gopher Olive -backed Pocket Mouse Plains Pocket Mouse Silky Pocket Mouse Hispid Pocket Mouse Ord's Kangaroo Rat Beaver Western Harvest Mouse Plains Harvest Mouse Deer Mouse Northern Grasshopper Mouse Prairie Vole Meadow Vole Muskrat Didelphis virginiana Canis latrans Vulpes velox Vulpes vulpes Procyon lotor Mustela nigripes Mustela vison Taxidea taxus Mephitis mephitis Odocoileus hemionus Odocoileus virginianus Antilocapra americana Sylvilagus audubonii Sylvilagus floridanus Lepus californicus Lepus townsendii RpL, Ag, Cr M types SgP, Ag Ag RpL, Ag All types except Ri RpL SgP All types except Ri RpL, Ag RpL, Cr, Ag SgP SgP, RpL RpL SgP SgP Spermophilus elegans Ag Spermophilus spilosoma SgP Spermophilus tridecemlineatus SgP Cynomys ludovicianus Sciurus niger Thomomys talpoides Geomys bursarius Perognathus fasciatus Perognathus flavescens Perognathusflavus Chaetodipus hispidus Dipodomys ordii Castor canadensis Reithrodontomys megalotis Reithrodontomys montanus Peromyscus maniculatus Onychomys leucogaster Microtus ochrogaster Microtus pennsylvanicus Ondatra zibethicus SgP, Ag RpL SgP, Ag Ag SgP SgP SgP SgP, RpL SgP, RpL Ri, RpL SgP, RpL, Ag SgP All types SgP, Cr SgP, RpL, Ag RpL Ri Classification/Common Name Rodents Norway Rat House Mouse Porcupine Insectivores Least Shrew Bats Western Small -footed Myotis Red Bat Hoary Bat Silver -haired Bat Big Brown Bat Scientific Name Preferred Habitat Rattus norvegicus Mus musculus Erethizon dorsatum Cryptotis parva Myotis ciliolabrum Lasiurus borealis Lasurius cinereus Lasionycteris noctivagans Eptesicusfuscus Habitat Types SgP Shortgrass-Prairie RpL Riparian Lowland W/OG Wet open ground Ri Open Water -Streams and Rivers Ag Agriculture Cr Croplands RpL, Cr RpL, Cr SgP, Ag, RpL RpL, roadsides SgP RpL RpL RpL RpL Pelicans and Allies Double -crested Cormorant Herons Great Blue Heron Great Egret Snowy Egret Cattle Egret Black -crowned Night -Heron Waterfowl Canada Goose Wood Duck Mallard Cinnamon Teal Hooded Merganser Common Merganser Vultures and Raptors Turkey Vulture Osprey Bald Eagle Northern Harrier Cooper's Hawk Swainson's Hawk Red-tailed Hawk Ferruginous Hawk Golden Eagle American Kestrel Gallinaeous Birds Ring-necked Pheasent Wild Turkey Northern Bobwhite Shorebirds Killdeer Mountain Plover Upland Sandpiper Long -billed Curlew Shorebirds Common Snipe Wilson's Phalarope Pigeons and Doves Rock Dove Mourning Dove Cuckoos Yellow -billed Cuckoo Table 2. Breeding Bird Species Potentially Inhabiting the Bernhardt Site Classification/Common Name Scientific Name Phalacrocorax auritus Ardea herodias Casmerodius albus Egretta thula Bubulcus ibis Nycticoras nycticorax Branta canadensis Aix sponsa Anas platyrhynchos Anas cyanoptera Lophodytes cucullatus Mergus merganser Cathartes aura Pandion haliaetus Haliaeetus leucocephalus Circus cyaneus Accipiter cooperii Buteo swainsoni Buteo jamaicensis Buteo regalis Aquila chrysaetos Falco sparverius Phasianus colchinus Meleagris gallopavo Colinus virginianus Charadrius vociferous Charadrius montanus Bartramia longicauda Numenius americanus Gallinago gallinago Phalaropus tricolor Columba livia Zenaida macroura Preferred Habitat Ri, RpL RpL RpL RpL RpL RpL RpL Ri, RpL Cr W/OG RpL RpL RpL Ri Ri Cr RpL Ag, RpL Ag Ag Ag Ag, RpL Ag, RpL, Cr Ag Ag, RpL Cr, Ag SgP SgP SgP, Cr W/OG W/OG, Cr Ag Ag, Cr, RpL Coccyzus americanus RpL • Classification/Common Name Scientific Name Preferred Habitat Owls Common Barn -Owl Eastern Screech -Owl Great Horned Owl Burrowing Owl Long-eared Owl Short -eared Owl Hummingbirds Black -chinned Hummingbird Kingfishers Belted Kingfisher Woodpeckers Lewis' Woodpecker Red-headed Woodpecker Passerines Western Wood -Pewee Say's Phoebe Cassin's Kingbird Western Kingbird Eastern Kingbird Tree Swallow Northern Rough -winged Swallow Bank Swallow Cliff Swallow Barn Swallow Blue Jay Black -billed Magpie American Crow Chihuahuan Raven Black -capped Chickadee Eastern Bluebird American Robin Gray Catbird Northern Mockingbird Brown Thrasher Cedar Waxwing Loggerhead Shrike European Starling Red -eyed Vireo Yellow Warbler Blue Grosbeak Lazuli Bunting Indigo Bunting Cassin's Sparrow Lark Sparrow McCrown's Longspur Chestnut -collared Longspur Bobolink Red -Winged Blackbird Tyto alba Otus asio Bubo virginianus Athene cunicularia Asio otus Asio flammeus Archilochus alexandri Ceryle alcyon Melanerpes lewis Melanerpes erythrocephalus Contopus sordidulus Sayornis saya Tyrannus vociferans Tyrannus verticalis Tyrannus tyrannus Tachycineta bicolor Stelgidopteryx serripennis Riparia riparia Hirundo pyrrhonota Hirundo rustica Cyanocitta cristate Pica pica Corvus brachyrynchos Corvus cryptoleucus Parus altricapillus Sialia sialis Turd us migratorius Dumetella carolinensis Mimus polyglottos Toxostoma rufum Bombycilla cedorum Lanius ludovicianus Sturnus vulgaris Vireo olivaceus Dendroica petechia Guiraca caerulea Passerina amoena Passerina cyanea Aimophila cassinii Chondestes grammacus Calcarius mccownii Calcarius ornatus Dolichonyx oryzivorus Agelaius phoeniceus Ag, RpL RpL, Ag Ag rodent burrows RpL Ag RpL RpL, Ri RpL, Ag Ag, RpL RpL Ag Ag, RpL Ag, RpL Ag, RpL RpL Ag Ag Ag Ag RpL, Ag Ag Ag, RpL SgP RpL, Ag RpL Ag RpL Ag, RpL RpL, Ag Ag RpL, SgP Ag, RpL RpL RpL, Ag RpL RpL RpL SgP RpL SgP SgP Cr, hayfields Ag Classification/Common Name Scientific Name Preferred Habitat Passerines Western Meadowlark Brewer's Blackbird Common Grackle Brown -headed Cowbird Orchard Oriole Northern Oriole American Goldfinch House Sparrow Sturnella neglecta Euphagus cyanocephalus Quiscalus quiscula Molothrus ater Icterus spurius Icterus galbula Carduelis tristis Passer domesticus Habitat Types SgP Shortgrass-Prairie RpL Riparian Lowland W/OG Wet open ground Ri Open Water -Streams and Rivers Ag Agriculture Cr Croplands Cr Ag Ag Ag RpL, Ag RpL, Ag Ag Table 3. Reptile and Amphibian Species Potentially Inhabiting the Bernhardt Site Zlassification/Common Nami Scientific Name Preferred Habitat Amphibians Salamanders Tiger Salamander Toads and Frogs Great Plains Toad Woodhouse's Toad Blanchard's Cricket Frog Boreal Chorus Frog Bull Frog Northern Leopard Frog Plains Spadefoot Turtles Common Snapping Turtle Western Painted Turtle Ornate Box Turtle Western Spiny Softshell Reptiles Liaards Northern Earless Lizard Short -horned Lizard Red -lipped Prairie Lizard Northern Prairie Lizard Prairie -lined Racerunner Skinks Northern Many -lined Skink Snakes Eastern Yellowbelly Racer Plains Hognose Snake Milk Snake Northern Water Snake Bullsnake Wandering Garter Snake Western Plains Garter Snake Red -sided Garter Snake Prairie Rattlesnake Ambystoma tigrinum Bufo Cognatus Bufo woodhousei woodhousei Acris crepitans blanchardi Pseudacris triseriata maculata Rana catesbiana Rana pipiens Scaphiopus bombifrons Chelydra serpentina serpentina Chrysemys picta belli Terrapene ornata ornata Trionys spiniferus hartwegi Holbrookia maculata maculata Phrynosoma douglassi Sceloporus undulatus erythrocheilus Sceloporus undulatus garmani Cnemidophorus sexlineatus viridis all types SgP, RpL, Ag SgP, RpL, Ag RpL RpL, Ag RpL RpL SgP RpL, OW-St/Ri RpL, OW-St/Ri SgP, RpL RpL, OW-St/Ri SgP, Ag SgP SgP, RpL SgP SgP, RpL Eumeces multivirgatus multivirgatus SgP, Ag Coluber constrictor flaviventris Heterodon nasicus nasicus Lampropeltis triangulum Nerodia sipedon sipedon Pituophis melanoleucus sayi Thamnophis elegans vagrans Thamnophis radix haydeni Thamnophis sirtalis parietalis Crotalus viridis viridis Habitat Types SgP Shortgrass-Prairie RpL Riparian Lowland W/OG Wet open ground OW-St/Ri Open Water -Streams and Rivers Ag Agriculture Cr Croplands SgP, RpL, Ag SgP, RpL, Ag SgP, RpL, Ag RpL, OW-St/Ri SgP, RpL, A g RpL RpL, SgP RpL SgP EXHIBIT L - BONDING COST EXHIBIT L - RECLAMATION COSTS -UPDATE ADQ1 The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.12 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: The site would be 100% mined and 100% reclaimed. Mining will be complete for this site with mining occurring with the final slope (1 H:1V). The mined volume would be replaced with inert fill. This site will require final grading, topsoil placement, seed and mulch. Please refer to the attached table for estimates of quantities and associated costs. Bestway Concrete & Aggregates — Conveyor Amendment -Bernhardt Mine — MLRB 112 Permit Application Exhibit L -1 EXHIBIT L - RECLAMATION COST -8-9-19 Activity A. Phase 1 - 100% mined (settling pond) 1 Backfill Settlin. Pond 5 acres/10 feet dee. 81,000 Quantity Units Unit Costs Cost B. Processing area. Processing equipment is portable and would be 1 Move serge piles into settling pond 2 Remove concrete pad for wash plant 3 Demolish and remove shop 4 Remove concrete footings for office 5 Remove concrete base for scale 6 Scarify ground 7 Spread 12" topsoil 8 Seed and Mulch 9 Remove Conveyor Belt & Reclaim 1,000 15 1 8 10 11 17,743 11 1 C. Settling Pond and Perimeter Seeding, including Amended Area & shorline 1 Seed (all perimeters including 30 foot buffer and amended area) 37.00 D. Slurry Wall @ 100% Installation Cost ($5 per SF) per DMG Bonding Requirement. Assume 5086 LF' 40 average depth (including 3' key into bedrock) Cell 5 Only (Cell 2, 3 & 4 are all approved slurry walls) E. Rundown S . illwa Total Disturbance Costs Contractor Mobilization (8%) Overhead (18.5%) Administration (5% ndirect Costs_ ethead,& Profit= Performance Bond (2.02%) - Based on DRMS estimate Performance Bond (3.07%) - Based on DRMS estimate ob Superintendent (240 hours @ $75/hr) - Based on DRMS estimate Contractor Mob and DeMob (3%) - Based on DRMS estimate ontractor Overhead and Profit (10%) - Based on DRMS estimate ontraet Amount (direct + O & P) Legal;, Engineering & Project Management Financial warranty processing (legal/related costs) ($500) Engineering Work and/or contract/bid preparation (4.25%) Reclamation management and/or administration (5%) - Based on DRMS estimate Contingency (3%) 203,440 CY CY LS CY CY Acres CY Acres LS Acres 3.00 $ 243,000.00 $ 0.75 $ 65.00 $ 2,000.00 $ 65.00 $ 65.00 $ 150.00 $ 0.75 $ 900.00 $ 15,000.00 $ 900.00 $ 65.00 750.00 975.00 2,000.00 520.00 650.00 1,650.00 13,307.25 9,900.00 15,000.00 33,300.00 956,168.00 233,090.00 $ 1,510,310.25 $ 120,824.82 $ 279,407.40 $ 95,527.12 $ 30,508.27 $ 15,858.26 $ 18,000.00 $ 45,309.31 $ 151,031.03 Subtotal $ 260,706,86` $ 500.00 $ 75,268.23 $ 88,550.86 $ 45,309.31 EXHIBIT O - OWNERS OF RECORD OF AFFECTED LAND (SURFACE AREA) AND OWNERS OF SUBSTANCE TO BE MINED The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.15 of the Colorado Mined Land Reclamation Board Construction Material Rules and regulations: Owners of Surface Area and Owners of Substance to be mined The property and the substance to be mined are owned by Bemhardt Farm, LLC The following are Mineral Owners: Bernhardt Farms, LLC Bestway Concrete & Aggregates — Conveyor Amendment -Bernhardt Mine — MLRB 112 Permit Amendment Application Exhibit 0 -1 EXHIBIT Q - PROOF OF MAILING s I • SENDER: COMPLETE MS SECTION COMPLETE THIS SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION COMPLETE THIS SELTiON ON _L -LIVERY • Complete items 1, 2, and3.ar. ■ Print your name and addm s.on tfla reverse so that we can return the card to you. ■ Attach this card to tfitiok k of the mailpiece, or on the front if space permits. 1. Article Addressed to: itePdirnrcit lam; c)\ Lie f� 2390 Com+) R.4 25 (YfflI ken Co go543elSo`{ i i i i II u 11 i 9590 9402 1875 6104 1242 85 i i A. Si pature i.D B. Received by (Printed Name) at/ i j/3-ernkcA.rdl D. is delivery address different from Item 1? Difrfes If YES, enter delivery address below: ❑ No Agent O Addressee C. Date of Delivery 2. Article Number (Transfer from service label) 7013 2250 0000 7021 2457 PS Form 3811, July 2015 PSN 7530-02-000-9053 S. SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed V._ ✓I' I �IW (t2R5$ke kti 60 Mit k iiCek. Co 9054t3 IIIIl IIIIIifIIIHhIl 11 im i 1 9590 9402 1875 6104 1244 21 i i 2. Article Number (Transfer from service lobe!) 7013 2250 0000 7021 2365 PS Form 3811, July 2015 PSN 7530-02-000-9053 1 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery ❑ Certified Mall® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery ❑ Insured Mall 3 Insured Mall Restricted Delivery (over $500) C Priority Mail Express® Registered Malin' Registered Mail Restricted Delivery Return Receipt for Merchandise Signature Confirmation "I Signature Confirmation Restricted Delivery Domestic Return Receipt COMPLETE THIS SECTION ON DELIVERY A.SI Agent /1 . Ceiata, _1 tiff "Addressee B. Recalved by (Printed 11'tgh7e) C. Date of Delivery !doe"n eyhdei (e -,1 D. Is delivery address different from item 1? O Yes If YES, enter delivery address below: aide 3. 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Article Number (Transfer from service label) ?013 2250 0000 7021 2402 Cl Priority Mail Express® ❑ Registered Malin' ❑ Registered Mail Restricted Delivery ❑ Return Receipt for Merchandise ❑ Signature Confirmation"' ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt COMPLETE THIS SECTION ON DELIVERY ■ 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: ituctoktvev, Town die" P0 Box ti -co IIrken e �o51t3 nzSo IlIlIllIllI miu i i nil u 1 i u 9590 9402 1875 6104 1242 92 i 2. Article Number (Transfer from service label) 1013 2250 0000 7021 2440 i PS Form 3811, July 2015 PSN 7530-02-000-9053 .. ._:1:...aa SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: gps\--ovN\ Conuujte `Dl cery\-0\nn‘ be_ Mulit\cm Co 9o513 U 1111111111! '111111 111 1111111 II i i 9590 9402 1875 6104 1244 45 A. Si X natu r ❑ Agent ❑ Addressee C. Date of Delivery era/ J 9 D. Is delivery address different from item 1? ❑ Ye If YES, enter delivery address below: 0 3. Service Type O Adult Signature o Adult Signature Restricted Delivery ❑ Certified Mall® ❑ Certified Mall Restricted Delivery o Collect on Delivery ❑ Collect on Delivery Restricted Delivery o Insured Mall ❑ Insured Malt Restricted Delivery (over $500) ❑ Priority Mail Express® O Registered Malin' ❑ Registered Mail Restricted Delivery O Return Receipt for Merchandise ❑ Signature Confirmatlon7'" ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt COMPLETE THIS SECTION ON DELIVERY A. Signature Agent Addressee B. Received by (Pri ed Name) Date of Delivery ■ 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: \Jc GenQuieUQ Pcrc3x GZ- Mittlken Cu X43 I I IIII III i i u i i i u i i i i 9590 9402 1875 6104 1243 46 A. Signature X B. Rece ved by rtrt��d,Narn�,� /) • D. Is delivery address different from item 1? ❑ Ye If YES, enter delivery address below: ❑ Agent . ,'Addressee C. Date -f.Q Wry ..�.. /c 0 . 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery ❑ Certified Mali® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery 2. Article Number (Transfer from se.11144) t� �of ct r e sir' led pet+v t€li1r frig �t�l r�i 8r1 '1''Insured Mail Restricted Delve701,3 2250 0000 70 (over $500) ❑ Priority Malt Express® ❑ Registered Malin' D Registered Mall Restricted Delivery O Return Receipt for Merchandise gt}ature ConfirmntlonT'" eture Confirmation tricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 SENDER: COMPLETE THIS SECTION D. is delivery address different from item 1? Y es If YES, enter delivery address below: n n.,4:. -Jr. no..rnl,ar tTranefar frnm cPrvlrA ;abed' 7013 2250 0000 7021 2341 A. Signature X Agent t ‘ K, lin O 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 below: ami 3. Service Type O Adult Signature ❑ Adult Signature Restricted Delivery ❑ Codified Mail© ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery ❑ insured Mall ❑ Insured Mail Restricted Delivery (over $500) ❑ Priority Mall Express® ❑ Registered Mall'"' O Registered Mail Restricted Delivery ❑ Return Receipt for Merchandise ❑ Signature Confirmation TM ❑ Signature Confirmation .. Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt PS Form; --at" r_ nclo 7.530-02-000-9053 ■ 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: 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery ❑ Certified Mali® ❑ Certified Mall Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery ❑ Insured Mall El Insured Mail Restricted Delivery (over $500) WdCEnofl Z0L wct 13 1\40k -en, C0 go€9-3-1%7 l/llIlil! III! 1111111/i Jill illlgllllllilllllll 9590 9402 1875 61 04 izns zz 2. Article Number (Transfer from service label) 7013 2250 0000 7021 2419 PS Form 3811, July 2015 PSN 7530-02-000-9053 o Priority Mail Express® ❑ Registered Mailre.e ❑ Registered Mail Restricted Delivery ❑ Return Receipt for Merchandise ❑ Signature Confirmation ," ❑ Signature Confirmation Restricted Delivery • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: bee Ah Pv-dA- ins LLCM 12L$i NAN." 6a Nt\i\IKend CO 901593 II IIM 111111 i u i i 9590 9402 1875 6104 1242 78 Domestic Return Receipt COMP' E , E ,l-tl.3 3E( Ti ON ON DELIVERY B. Received by (Printed Name) re Yn )1 a,4 I C. Date of Delivery D. Is delivery address different from item 1? O Yes If YES, enter delivery address below: do 2. Article Number (Transfer from service label) Domestic Return Receipt :013 2250 0000 7021 2464 C9M,"31_ETE tHiS SECTION ON DELIVERY ed by (Printed Name) ti. D. is delivery address different from item 1? If YES, enter delivery address below: 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery ❑ Certified Malt® D Certified Mall RestrkCte d Delivery D Collect on Deilvery O Collect on Delivery Restricted Delivery ❑ Insured Mall D insured Mail Restricted Delivery as PS Form 3811, July 2015 PN;t7t9t6 :S1 R: COMPLETE THIS SECTION ❑ Agent ❑ Addressee Iplete items 1, 2, and 3. C. Date of Delivery .t your name and address on the reverse :hat we can return the card to you. this card to the back of the mailpiece, an the front if space permits. cle Addressed to: ❑ Yes 3. Service Type ❑ Adult Signature O Adult Signature Restricted Delivery ❑ Certified Mail® ID Certified Mall Restricted Delivery O Collect on Delivery o Collect on Delivery Restricted Delivery ❑ Insured Mail ❑ Insured Mall Restricted Delivery (over $5O0) o Priority Maii Express® tJv 1 o Registered MaiinA E1 Registered Mail Restricted Del�rvety O Return Receipt for Merchandise O Signature Confirmation TN 9590 9402 1875 6104 1243 15 ❑ Signature Confirmation Restricted Delivery ��si� IM\%tm\ it t\w b s Go Iveik. Co eds2 -2 G2A III1I1 III IIIIIIII'I IIIIIIIIIIIIIIIHIII Article Number (Transfer from service label) Domestic Return Receipt J13 2250 0000 7021 2426 (mar term ❑ Priority Mail Express® ❑ Registered Mat1T'' ❑ Registered Mail Restricted Delivery ❑ Return Receipt for Merchandise ❑ Signature Confirmettonn' O Signature Confirmation Restricted Delivery li'itilt rt►rl{ltllq�trw$llpil4��1� 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? ❑�Y� if YES, enter delivery address below: EIS No 3. Service/Nips ❑ Adult Signature ❑ Adult Signature Restricted Delivery ❑ Certified Mail® ❑ Certified Mali Restricted Delivery ❑ Collect on Delivery la Collect on Delivery Restricted Delivery '7 insured Mali 3 Insured Mail Restricted Delivery (over $500) ❑ Priority Mall Express® ❑ Registered Malin' D Registered Mail Restricter Delivery ❑ Return Receipt for Merchandise O Signature Confirmation"' O Signature Confirmation Restricted Delivery e Fis Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt a 3 7-!r L COMPLETE THIS SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION 7 SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the maifpiece, or on the front if space permits. 1. Article Addressed to: \C‘le t Gtr Sokr\_ 23)64-k C. n Rd 21 3f 1 i �likr� c1 5i1 cZv lii 111111 liii i 11 1111111111i i 9590 9402 1875 6104 1242 61 i i 2. Article Number (Transfer from service label) 7013 2250 0000 7021 2471 1 PS Form 3811, July 2015 PSN 7530-02-000-9053 NDER: COMPLETE THIS SECTION Complete items 1, 2, and 3. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the maitpieces or on the front if space permits. Article Addressed to: 2.D" \ftrC5\ vnen'r5 \ohnse\Dwn Co ac53`f 11111111111i 111111111 i I� i i 9590 9402 1875 6104 1243 53 COMPLETE THIS SECTION ON DELIVERY A. a X y •' ,gent ❑ Addressee ceived by (Printed Name) 1 C. Date of Delivery D. is delivery address different from item 1? If YES, enter delivery address below: Ergo ❑ Yes 3. Service Type O Adult Signature O Adult Signature Restricted Delivery ❑ Certified Mail® O Certified Mall Restricted Delivery ❑ Collect on Delivery O Collect on Delivery Restricted Delivery O insured Mail O Insured Mail Restricted Delivery (over $500) ❑ Priority Mall Express® D Registered MaHTM ❑ Registered Mall Restricted De (very ❑ Return Receipt for Merchandise O Signature Confirmatlonw O Signature Confirmation Restricted Delivery Domestic Return Receipt COMPLETE THIS SECTION ON DELIVERY A. Sigeatu X1, B. Receiv (;1 f Agent O Addressee C. Date of Delivery _J D. Is delivery address different from item 1? ❑ Yew If YES, enter delivery address below: Q'No (Printed e) CCr ++ KL' ` OPS P. Article Number (Transfer from service label) 313 2250 0000 7021 2389 'S Form 3811, July 2015 PSN 7530-02-000 0053 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery O Certified Mall® ❑ Certified Mall Restricted Delivery ❑ Collect on Delivery ❑ Collect or Delivery Restricted Delivery O Insured Mall ❑ Insured Mall Restricted Delivery (over $500) ❑ Priority Mail Expresso O Registered Mahn.' O Registered Mall Restricted Delivery ❑ Return Receipt for Merchandise ❑ Signature Confirmation1'a ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt SENDER: COMPLETE THIS SECTION • Complete items 1,2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece or on the front if space permits. 1. Article Addressed to: �ythtt MQkitc e Co t,�- LOW/SC Tlt-x Swce Cert. Qo 30.E t`nc1 Co Cj$o20% i i miu m i iu i i u i In i 1 i 9590 9402 1875 6104 1242 54 OPP;f gn ire /� ialit Receiv i by -rir led Name) ere , ' -tied toliO Las gent O Addressee D. is delivery address diffe?!M if YES, enter delivery ah.� e7 DalAliC, very 2. Article Number (Transfer from service label) 1013 2250 0000 7021 2488 PS Form 3811, July 2015 PSN 7530-02-000-9053 . .. • SENDER: COMPLETE THIS SECTION a Complete item& 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 maifpiece, or on the front if space permits. 1. Article Addressed to: MPort Prorfms PoI3ox loLth &\2A1UCk- Lc( E5m31 10415 I IIIIl 111111111I1Ii I II I II IIIIII I I III IIIII 9590 9402 1875 6104 1243 60 2. Article Number (iansfer from service label) 7013 2250 0000 7021 2372 PS Form 3811, July 2015 PSN 7530-02-000-9053 3. Service Type ❑ Mutt Signature ❑ Adult Signature Restricted Delivery ❑ Certified Mall® O Certified Mall Restricted Delivery ❑ Collect on Delivery • Collect on Delivery Restricted Delivery O Insured Mail O insured Mail Restricted Delivery (over $500) ❑ Priority Mall Express® O Registered Mall"" O Registered Mail Restricted Delivery ❑ Return Receipt for Merchandise O Signature Confirmation'"" O Signature Confirmation Restricted Delivery Domestic Return Receipt COMPLETE THIS SECTION ON DELIVERY A.Si X to L n B. Received by (Printed Name) �❑ Agent O Addressee C. Date of Delivery D. Is delivery address different from item 1? ❑ Ye If YES, enter delivery address below: 0"No 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery ❑ Certified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery El Collect on Delivery Restricted Delivery ❑ insured Mail ❑ Insured Mail Restricted Delivery over S500)____ O Priority Mail Express® O Registered MailT"' ❑ Registered Mail Restricted Delivery ❑ Return Receipt for Merchandise O Signature Confirmation'' Cl Signature Confirmation Restricted Delivery Domestic Return Receipt Is 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 maifpiece, or on the front if space permits. 1. Article Addressed to: VVP4egyi cou‘ipi MIttct 2oss i5"' mc Grree9 Co X063! 7Zi�j i I1II1IIIII 1111111111 111111 i II 9590 9402 1875 6104 1244 38 i 2. Article Number (Transfer from service label) 7013 2250 0000 7021 2358 PS Form 3811, July 2015 PSN 7530-02-000-9053 SENDER: COMPLETE THIS. SECTION COMPLETE THIS SECTION ON DELIVERY A. Signature X B. Received by (Printed Name) ❑ Agent ❑ Addressee C. Date of Delivery D. is delivery address different from item 1? O If YES, enter delivery address below: 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery D Certified Mail® ❑ Certified Mall Restricted Delivery Cl Collect on Delivery ❑ Collect on Delivery Restricted Delivery © insured Mall ❑ Insured Mail Restricted Delivery (over $500) ■ 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 maflpiece, or on the front if space permits. 1. Article Addressed to: 1,t\e Wakes 9(602,1--‘,\ Pa pth< 234e CA WT1Z3tt4 El IlIII LIII 111111 I HI] 1II1 1 11 9590 9402 1875 6104 1243 08 i 2. Article Number (Transfer from service label) 7013 2250 0000 7021 2433 PS Form 3811, July 2015 PSN 7530-02-000-9053 ❑ Priority Mail Expresso ❑ Registered MaIITM O Registered Mall Restricted Delivery ❑ Return Receipt for Merchandise Signature Confrrrnatlonm' ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt B. Rc��iued by (Pr fie yame)j� (' Owl .� /OC7 C D. is delivery address different from item 1? O Yes If YES, enter delivery address)elow: Cwt' \trYtor cr Agent _❑ Addressee C. Date of Delivery 3. Servic O Ad ignature alt Signature Restricted Delivery Certified Mail® ❑ Certified Mall Restricted Delivery O Collect on Delivery ❑ Collect on Delivery Restricted Delivery O insured Mail O Insured Mail Restricted Delivery (over $5001 Q Priority Melt Express® ❑ Regtnteted Malty" C� Registered Mail Restricted Delivery O Return Receipt for Merchandise ❑ Signature ConfirmatIon1"' O Signature Confirmation Restricted Delivery Domestic Return Receipt EXHIBIT R - PROOF OF DELIVERY CLERK EXHIBIT S - SLOPE STABILITY CIVIL RES"PURCES, LLC ENGINEERS & PLANNERS August 5, 2019 VIA: Certified Mail RE: Structure Owner Agreements Dear Structure Owner/Representative: Bestway Concrete and Aggregates is in the process of mining the Bemhardt Gravel Mine (DRMS, M2002-120). Bestway placed a conveyor on a six acre parcel of property that was owned by the land lord (Bernhardt Farms LLC) but not contained in the mine boundary. As a result of the area being outside the original mine boundary the miner is required to amend the piece of property into the mine boundary. See Figure 1 showing the boundary and the amended 6 —acre parcel. As a result of this amendment and per the Colorado State Division of Reclamation, Mining and Safety (DRMS) Bestway Concrete and Aggregate is required to issue structure agreements to all structure owners within two -hundred feet of the mine boundary. It should be understood that there will be no mining in the amended area and the largest remaining area to be mined is in the northeast part of the site and is called out as Pond 5. The stability analysis has been updated to consider how the miner has mined the slopes and the minimum setbacks. Please read the information attached and sign and return the agreement using the self-addressed stamped envelope. If you have any questions or require more information please contact Andy Rodriguez at 303 833 1416x202 or Mark Johnson at 970 587 7277. Sincerely, CIVIL RESOURCES, LLC 6.4 A Andy Rodriguez, P.E. Civil Engineer attachments: Stability Report Update DRMS Figures Structure Agreement J:IBestway-2131Winsdor\LA P0UDRE AMENDMEN11Noticeslstructure agreementslstructure owner letter.doc 323 FIFTH STREET • FREDERICK, COLORADO 80530 • PHONE: 303.833.1416 • FAX: 303.833.2850 June 17, 2019 Mr. Mark Johnson, Compliance Manager Burnco Colorado, LLC 301 Centennial Drive MIliken, Colorado 80543 Re: Stability Analysis, Pond 2, Bernhardt Mine Dear Mr. Johnson: This letter has been prepared to address the Mined Land Reclamation Board (MLRB) Construction Materials Rule 6, Section 4, Subsection 19, Exhibit S - Permanent Man -Made Structures (6.4.19, Exhibit S) for the Bemhardt Gravel Mine located north of Weld County Road 48 and east of Weld County Road 23 in Weld County, Colorado. This letter describes the project and slope stability analyses utilized to evaluate the minimum distance between the edge of mining and adjacent structures. The site is located in part of the south half of Section 1, Township 4 North, Range 67 West of the 6th Principal Meridian in Wels County, Colorado. The mine consists of five (5) cells. Cells 1, 2, and 3 have been previously mined. Cell 4 is currently being mined. Cell 5 has yet to be mined. Cells 2, 3, 4, and 5 are lined with slurry walls and will be reclaimed as below grade, lined reservoirs. The mine is shown on Figure 1. PREVIOUS STABILITY ANALYSES Previous stability analyses performed by Tetra Tech were documented in a letter report dated November 19, 2002. Subsequent stability analyses were performed by DRMS staff and the mine permit was issued with the understanding that a setback of 55 feet would provide adequate stability for neighboring structures. The previous Tetra Tech analyses assumed mining would be at a slope of 0.5:1 (horizontal to vertical, h:v). The DRMS analyses assumed mining at vertical slopes. The mine operator mines with perimeter mine slopes of 3:1 (h:v). STRUCTURE ENCROACHMENT The original mine plans called for a power line located on the interior of Cell 2 to be removed. Thus the original mine plan did not provide a set back from the power line. The power line was never removed and the mine operator mined to within approximately 23 feet power line. Civil Resources performed new stability analyses (discussed herein) with the 3:1 perimeter mine slope used by the operator. The analyses indicate the power line is stable. GEOLOGY The site is located in the alluvial valley of the Big Thompson River approximately four (4) miles upstream of its confluence with the South Platte River. Geologic mapping by Colton (1978) indicates most of the mine will in the Post Piney Creek and Piney Creek Alluviums. A small part of Cell 4 may be in the Broadway Alluvium. The mapping indicates the near surface bedrock underlying the alluvium is either the Fox Hills Sandstone and/or claystones and sandstones of the Upper Transition Member of the Pierre Shale. Outcrops of the Fox Hills Sandstone form bluffs on the north side of the alluvial valley. Data from drilling performed at the time of the original permit indicates the general subsurface profile consists of approximately two (2) to ten (10) feet of overburden sandy clay to clayey sand overlying approximately eight (8) to 35 feet of sand and gravel with local clayey and silty sand lenses on top of claystone and sandstone bedrock. The alluvial deposit is thickest in Cell two (2) and thinnest in the north parts of cells 1 and 5. From a geotechnical standpoint, the sand and gravel will form most of the mine slope. These soils are generally strong and stable particularly when dewatered. • Mr. Mark Johnson June 17, 2019 Page 2 STABILITY ANALYSES Recently, Division of Reclamation and Mining Safety (DRMS) staff drafted a policy regarding stability analyses of neighboring structures. The draft summarizes adequate factors of safety (FOS) for non -critical and critical structures. The power line is considered to be a critical structure. Discussions the author of the memo, Mr. Tim Cazier, indicate the FOS will be adopted by the MLRB. The FOS are for both static and seismic (from an earthquake) stability analyses. For generalized strength assumptions and critical structures, an FOS of 1.5 is considered sufficient for static conditions and an FOS of 1.3 is considered suitable for seismic conditions. The stability of the power line in Cell 2 was evaluated at one section considered the most critical due to its height and the presence of thicker, weaker, overburden. The section modeled was 10 feet of overburden sandy clay overlying 32 feet of sand and gravel, on top of weathered sandy claystone and unweathered sandy claystone bedrock. Because Cell 2 is already mined and reclaimed as a reservoir with 3:1 (h:v) slopes, we modeled both full and empty reservoir conditions. The computer program XSTABL was used for the analysis. The method for selecting the critical failure surface for each analyzed loading condition is the following. The Modified Bishop's Method of Analysis is used to find the critical failure surface by randomly searching with 20 termination points and 20 initiation points (400 failure circles) with 7 foot line segments over a broad range of the slope surface and at the power line. Both static stability under anticipated conditions and seismic stability under peak ground acceleration loads were performed. Seismic loading was obtained from the U.S.G.S. Unified Hazard Tool. Review of the Hazard Tool indicated a maximum horizontal acceleration of 0.085g with a return period of 2,475 years for the site. MATERIAL PROPERTIES The material index and engineering strengths assumed in this slope stability report are discussed below. Overburden The strength properties for the insitu sandy clay overburden were based on our engineering judgment; the following parameters have been used to model the overburden. Dry Unit Weight (pcf) Moist Unit Weight (pcf) Saturated Unit Weight (pcf) Cohesion C' psf Friction Angle 0' ° 103 114 126 50 28 Alluvial Sand and Gravel The sand and gravel is generally a fine to coarse -grained sand locally grading to sandy gravel and is the thickest unit in the mine highwall. The alluvial sand and gravel was modeled as follows: Dry Unit Weight (pct) Moist Unit Weight (pcd) Saturated Unit Weight (pct) Cohesion C' psf Friction Angle 0' ° 119 130 137 0 35 Mr. Mark Johnson June 17, 2019 Page 3 Bedrock Bedrock below the alluvium is sandy claystone, siltstone, and sandstone that is commonly interbedded and weathered in the top foot. Sandstone and siltstone are typically stronger than claystone. Claystone is generally a weak bedrock. Because of the common sandstone and siltstones and the interbedded nature of the bedrock, we modeled the bedrock as sandy claystone. For the sandy claystone bedrock both weathered and unweathered strength conditions were considered. Based on the borings at the site, the weathered bedrock was modeled with less cohesion and a slightly lower friction angle. Dry Unit Weight (pcfl Moist Unit Weight (pcfl Saturated Unit Weight (pci Cohesion C psf Friction Angle �' ° g 116 Unweathered = 124 Weathered = 120 Unweathered = 134 Weathered = Unweathered = 100 Weathered = 50 Unweathered = 29 Weathered = 26 STABILITY ANALYSES RESULTS The factor of safety shown below is the minimum factor of safety of the conditions listed above. TABLE 1 - SLOPE STABILITY RESULTS AND SETBACKS Condition Location Critical Structure Structure Setback From Mine Limit (ft) Static Factor of Safety at Structure Seismic Factor of Safety at Structure (0.085g horizontal) DRMS Draft FOS Requirement Static/Seismic 1 Center of Cell 2 Full Reservoir Overhead Powerline 23 2.4 1.5 1.5/1.3 2 Center of Cell 2 Empty Reservoir Overhead Power Line 23 2.1 1'6 1.5/1.3 CONCLUSIONS The power line at Cell 2 is stable based on the most current DRMS requirements because the operator mines at a 3:1 (hv) slope. In addition, Civil resources reviewed the mine plan and found that no structures encroach within 55 feet of the planned mine limits and will be stable based on previous analyses and the conditions under the current permit.. Mr. Mark Johnson June 17, 2019 Page 4 LIMITATIONS Our review is based on regional geologic mapping, present mining plans, and in part borehole data by Tetra Tech. Civil Resources is not responsible for work by others. Stability analyses were performed using typical strength parameters for the various strata in the critical section discussed above. Should the mining plans change or subsurface conditions vary from those portrayed in this letter, we should be contacted in order to re-evaluate the potential affects on permanent man-made structures. Stability analyses were run at the structure in question and were not run on failure surfaces closer to the highwall. Note also that surcharge loads due to temporary material stockpiles and overburden/topsoil berms were not considered in the analysis. Please call with any questions or comments. Sincerely, Civil Resources, LLC Gary Linden, P.G. Senior Engineering Geologist Attachments: Figure — Bernhardt Mine Plan XSTABL Model Outputs REFERENCES Colton, R.B., 1978, "Geologic Map of the Boulder -Fort Collins -Greeley Area, Colorado", U.S.G.S. Map I -855-G. Tetra Ech, 2002, "Stability Analysis, Bernhardt Mine", 2 J:IBestway-2131bernhardtlDRMS Permit updatelstabilityIStability analysis report -Bemardt update.doc If Q u) O N co cr 0) t1 U) co L CC Q a) a) co C co CO N SO_ '.a 0 Milliken 4752 S"` HIGHWAY 60 fAst CV3/4!) 12 WCR 48 _ 4, POND 5 MINING AREA NORTH ( IN FEET) 1,00 C.,-----. CIVIL RESOURCES, LLC BESTWAY CONVEYOR CONCRETE AMENDMENT DATE: April, 2019 FIGURE: A GENERAL LOCATION MAP l Jr' DIVISION OF RECLAMATION MINING AND SAFETY PERMIT M-2002-120-AM01 BESTWAY CONCRETE, INC. BERNHARDT GRAVEL MINE AM01 WELD COUNTY, COLORADO SET #: NORTH CONVEYOR AMENDMENT BOUNDARY h .a N `�it1iken U'32 PROJECT LOCATION MAP SCALE 1 ^ = 1000' CERTIFICATION: I HEREBY CERTIFY THAT THESE PLANS FOR THE DRMS PERMIT FOR THE - WERE PREPARED UNDER MY DIRECT SUPERVISION FOR THE OWNERS THEREOF. BY: ANDREW R. RODRIGUEZ, P.E. DATE 04/26/19 BESTWAY CONCRETE, INC. DOES HEREBY ACCEPT AND APPROVE THESE PLANS FOR THE DRMS PERMIT. BY: AUTHORIZED REPRESENTATIVE BESTWAY CONCRETE, INC. PREPARED FOR: DATE: 04/26/29 BESTWAY CONCRETE, INC. 301 Centennial Dr, Milliken, CO 80543 970 587 7277 PREPARED BY: CIVIL RESOURCES, LLC 323 5th STREET P.O. BOX 680 FREDERICK, CO 80530 303 8331416 NO. REVISIONS DATE: DESCRIPTION DATE BY 10/2412016 ADD REVIEW 8/09/19 ARE DWG: DRMS-Fgs.dwg SHEET: 1. If rmlOrmIngs1Shssls1DRMS N SOILS LEGEND: N TOWN OF JOHN If SHARON NIELINII 1 AMOUNT. R41.106 ,wuD PARACCOUNT: MOM. T, -aSsOx NJ V BOVOIARDI R a� xa ''',..,axuna+ - -iNO RECORD RON e9 r.nr»Fc9 /MOLLS AND AOUENTS, GRAVELLY SUBSTRATUM <0> ASCALON LOAM, 0 TO 1 PERCENT SLOPES 22 DAMN() CLAY LOAM, I TO 3 PERCENT SLOPES KIM LOAM, I TO 3 32 PERCENT SLOPES STRUCTURE INFO: 3B NUNN LOAM, 0 TO 1 PERCENT SLOPES 40 NUNN LOAM, 1 TO 3 PERCENT SLOPES 54 PAOU LOAM, 0 TO I PERCENT SLOPES TASSEL FINE SANDY 6T LOAM, 5 TO 20 PERCENT SLOPES VARIOUS BUILDINGS OWNED BY LAND OWNER OVERHEAD POWER (PUBLIC SERVICE OF COLORADO) GAS LINES/FACILITY (PVC WELLS. NOBLE WFI IS & DCP GASLINES) BUILDINGS (TOWN OF MILUKEN PROPERTIES) GASUNE/FACILITY (BERNHARDT DELBERT LSR TRUST) IRRIGATION DITCH/ HILLSBOROUGH DITCH (UTTLE WALKER PROPERTIES OF COLORADO) IRRIGATION DITCH/HILLSBOROUGH DITCH (BERNHARDT DELBERT LSR TRUST) HOUSE/BUILDING (STEVEN & KAREN KIELAN) IRRIGATION DITCH/ HILLSBOROUGH DITCH (JOHN & SHARON KIELAN) WCR 25 & ROW (WELD COUNTY PUBLIC WORKS) WCR 48 & ROW (WELD COUNTY PUBLIC WORKS) WCR 23 & ROW (WELD COUNTY PUBLIC WORKS) HOUSE/BUILDING (JERRID KERN & BROOKE WAGNER) HILLSBOROUGH DITCH 68 USTIC TORRIORTHENTS, MODERATELY STEEP AFFECTED LANDS: CONVEYOR PROPERTY: VARIOUS OUT BUILDINGS FLOODPLAIN INFO: FLOODPLAIN INFO IS FROM FIRM FLOOD INSURANCE RATE MAP PANEL NO. 0802660750C EFFECTIVE DATE: SEPTEMBER 28, 1982 EXISTING VEGETATION: FALLOWED AGRICULTURAL LAND / N 4 OZTIVATED RELO SO x uu �Oua+ PARCEL: IOS912..01.1 SURVEY INFO: 0 ROE axcaw (a1 TAM KING SURVEYORS 650E Garden Drive. I Wixdsor- Colorado 80550 phone ('170) 686-5011 I email: info@KingSurveyors.com APPLICANT: BESTWAY CONCRETE & AGGREGATE 301 CENTENNIAL DRIVE MIWKEN, CO 80543 aASSOCIAW EASEMENT 114 fOR. WELL MIND. NO. 60719. NOTE: aaarnimishc x:00:__ l • vreu.aew4r ra. {3, TOWN OF1401IXEN ACCOucin 30. PAWL ROW20:e mar ANWAATION BERNHARDT IRRIGATOR EASENENT TOP. CZNSTR meanie xD . 'lice mead / N WLTMAT¢D FIELD xRreTmmn �} aLFlVATm KEW NV ,SS737;DS1i2..C PARES, I.OS91201400S PARCEL: NISSI1014003 HIGHWAY 60 J jT CIVIL RESOURCES, LLC. IS NOT RESPONSIBLE FOR SAFETY, IN, ON, OR ABOUT THE PROJECT SITE, NOR FOR COMPLIANCE BY THE APPROPRIATE PARTY OF ANY REGULATIONS THERETO. THESE MAPS WERE PREPARED BY CIVIL RESOURCES, LLC. IN COOPERATION WITH BESTWAY CONCRETE. BESTWAY WILL KEEP THE DIVISION OF RECLAMATION MINING AND SAFETY INFORMED OF ANY CHANGES TO THE MINING OR RECLAMATION PLANS THROUGH ANNUAL REPORTS AND ALE TECHNICAL REVISIONS AND AMENDMENT APPLICATIONS AS NECESSARY THROUGHOUT THE UFE OF THE MINE. ASSOCIATED 9EvvE LW/2 WCR 48 e STATE HIGHWAY NO. 60 (R.D� VARIES) LEGEND: PERMIT BOUNDARY 100 YR. FLOODPLAIN EXISTING DITCH EXISTING 2' CONTOURS —OHE— EXISTING OVERHEAD POWER —0— EXISTING GAS LINE —T— EXISTING TELEPHONE LINE —X— EXISTING FENCE SECTION LINE EDGE OF UNPAVED ROAD X / BERNHARDT FARMS LLG PANGS?, 10570500000a WELL PERMIT MO. 319. CENTER DRIVE EXISTING ROAD 8.0.W. PROPOSED ROAD R.O.W- EXISTING TREE EXISTING GAS WELL (P&A, PR OR SI) EXISTING TANK BATTERY TESTHOLE NUMBER Tu_e. NUMBER OF FEET (3.5 120) OF OVERBURDEN ® NUMBER OF FEET OF GRAVEL RESOURCE N N FR/ HrAkS1 NO. 60 3 (43 BFE "4974 FIRM (4971) NORM Know what's below. Ca11 before 1rudig. STRUCTURES SOILS CLASSIFICATION BOUNDARY MONITORING WELLS WATER WELLS PROPOSED MONITORING WELLS BASE FLOOD ELEVATIONS CIVIL RES'*URCES, LLC 323 Sth STREET P.O. Box 680 FREDERICK, CO 80530 303.833.1416 WWW.CIVILRESOURCES.COM BESTWAY CONCRETE, INC. 301 CENTENNIAL DR. MILLIKEN, CO 80543 970587.7277 CONTACT: MARK JOHNSON CONVEYOR AMENDMENT TO M2002®120 REVISIONS NO DESCRIPTION DATE 9ORBEV58 7118119 DESIGNED BY: XXX DRAWN BY: XXX CHECKED BY: XXX 108 NO.: Value DWG NAME:DRMS-FIGS.DWG DATE. 000 »x. 105 SCALE: AS NOTED AS NOTED HISTORIC CONDITIONS SHEET: 2a CIVIL RESOURCES, LLC li— weLeleueT NO. 761.03 STRUCTURE INFO: VARIOUS BUILDINGS OWNED BY LAND OWNER OVERHEAD POWER (PUBLIC SERVICE OF COLORADO) GAS LINES/FACILITY (PDC WELLS, NOBLE WELLS & DCP GASUNES) BUILDINGS (TOWN OF MILLIKEN PROPERTIES) GASLINE/FACILITY (BERNHARDT DELBERT LSR TRUST) IRRIGATION DITCH/ HILLSBOROUGH DITCH (LITTLE WALKER PROPERTIES OF COLORADO) IRRIGATION DITCH/HILLSBOROUGH DITCH (BERNHARDT DELBERT LSR TRUST) HOUSE/BUILDING (STEVEN & KAREN KIELAN) IRRIGATION DITCH/ HILLSBOROUGH DITCH (JOHN & SHARON KIELAN) WCR 25 & ROW (WELD COUNTY PUBLIC WORKS) WCR 48 & ROW (WELD COUNTY PUBLIC WORKS) WCR 23 & ROW (WELD COUNTY PUBLIC WORKS) HOUSE/BUILDING (JERRID KERN & BROOKE WAGNER) HILLSBOROUGH DITCH ex ) `C. MIS (S0 j RE CO. P edam ��. EDGE OF sE AFFECTED LANDS: CONVEYOR PROPERTY: VARIOUS OUT BUILDINGS FLOODPLAIN INFO: FLOODPLAIN INFO IS FROM FIRM FLOOD INSURANCE RATE MAP PANEL NO. 0802660750C EFFECTIVE DATE: SEPTEMBER 28, 1982 EXIS11NG VEGETATION: FALLOWED AGRICULTURAL LAND 0 CELL 1 FRESH WATER AND SILT STORAGE AREA NOT SLURRY LINED POWER LINE rgrE- SURVEY INFO: SLURRY WALL TYP. o CONVEYOR BELT �.— °a1 5.6 AC. AMENDED PARCEL COBEUSED FOR THE �CROSSING I ]i CONVEYOR CCROSSININ G ONLY 7 WATERSTOPAGE 00. OFIXCP.0 MM. ROW 200" MST anexOn KING SURVEYORS 650 E. Garden Drive I Windsor. Colorado 80550 phone (970) 696-5011 I email: info@KingSurveyors.com APPLICANT: BESTWAY CONCRETE & AGGREGATE 301 CENTENNIAL DRIVE MILLIKEN, CO 80543 ENTIVACE WELL PERMIT NO. 60 729. NOTE: LEGEND: 30 001 pR0 200. VEST AINSOVIION WELL PERMIT NO. 42.443-F-, SLURRY WAU TYP. — CELL 5 NOT MINED, PARTIALLY DISTURBED TO BEGIN SLURRY WALL LEAK TEST • ;III_ SLURRY WALL TYP. — CIVIL RESOURCES, LLC. IS NOT RESPONSIBLE FOR SAFETY, IN, ON, OR ABOUT THE PROJECT SITE, NOR FOR COMPLIANCE BY THE APPROPRIATE PARTY OF ANY REGULATIONS THERETO. THESE MAPS WERE PREPARED BY CIVIL RESOURCES, LLC. IN COOPERATION WITH BESTWAY CONCRETE. BESTWAY WILL KEEP THE DIVISION OF RECLAMATION MINING AND SAFETY INFORMED OF ANY CHANGES TO THE MINING OR RECLAMATION PLANS THROUGH ANNUAL REPORTS AND FILE TECHNICAL REVISIONS AND AMENDMENT APPLICATIONS AS NECESSARY THROUGHOUT THE LIFE OF THE MINE. —c- -X— ailSr- NOME ElIERGY ••• GAS We, wELLIPM CELL 4 PARTIALLY MINED OUT AND SLURRY WALL \ TEST PROVISIONALLY '\ WCR 48 _4840- PERMIT BOUNDARY 100 YR. FLOODPLAIN EXISTING DITCH EXISTING 2' CONTOURS —THE-- EXISTING OVERHEAD POWER EXISTING GAS LINE EXISTING TELEPHONE LINE EXISTING FENCE SECTION LINE EDGE OF UNPAVED ROAD 4 EST um SECROMP mein. POW es PRE9201.nna xmmS w°ru 0 01! X Wt.. PERM. MO. 11790.A -1 \ifi H6.1_ REMIT Kt 519..11 CENTER DRIVE EXISTING ROAD R.O.W. PROPOSED ROAD R.O.W. EXISTING TREE EXISTING GAS WELL (P&A, PR OR SI) EXISTING TANK BATTERY TESTHOLE NUMBER hy_E�NUMBER OF FEET (157l2.0) OF OVERBURDEN ."'""-NUMBER OF FEET OF GRAVEL RESOURCE I I e 3 oI BFE 04974 FIRM (4971) SO 300 mom awes Ming Cal Imam pa dig. STRUCTURES SOILS CLASSIFICATION BOUNDARY MONITORING WELLS WATER WELLS PROPOSED MONITORING WELLS BASE FLOOD ELEVATIONS 323 5th STREET P.O. Box 680 FREDERICK, CO 80530 303.833.1416 WWW.CIVILRESOURCES.COM BESTWAY CONCRETE, INC. 301 CENTENNIAL DR. MILLIKEN, CO 80543 970.587.7277 CONTACT: MARK JOHNSON CONVEYOR AMENDMENT TO M2002-120 REVISIONS NO DESCRIPTION DATE AIIQAENEW 7115119 DESIGNED BY: XXX DRAWN BY: XXX CHECKED BY: XXX JOB NO.: Value DWG NAMEDPMS-FIGS DWG DATE: 031 xx, Taus SCALE: AS NOTED AS NOTED EXISTING CONDITIONS/ MINING PLAN SHEET: 2b A 44 W.1/4 COR.. t MAINTAIN SLOPES «4. TO THE RIVER, AREA NOT DISTURBED x746 .4776 4778 _4760 "45O. • . 6746 ..73 - y 5pN----- Aps,1 C:::'• 4726- MAINTAIN SLOPES TO THE RIVER, O f AREA NOT DISTURBED t", _ 4 `tip s /- )L3 t'''-`.,.;,�. 't ,,.? . 1 \•, 1N.. NOBLE ENERGY GAS WELL, PLUGGED AND ABANDONED WELL (P&A) CELL 1 TO BE RECLAIMED UPLANDS RECLAIMED TO "4720 EL, SLOPE TOWARDS THE RIVER AT 0.5% v - NOBLE GAS WELL SHUT IN (SI) DISTURBED AREAS RECLAIMED UPLAND GRASSES 3H:1V RECLAIMED SLOPE 3H:1V RECLAIMED SLOPE VARIOUS BUILDINGS OWNED BY LAND OWNER OVERHEAD POWER (PUBLIC SERVICE OF COLORADO) GAS LINES/FACILITY (POC WELLS, NOBLE WELLS & DCP GASUNES) BUILDINGS (TOWN OF MILLIKEN PROPERTIES) GASLINE/FACILITY (BERNHARDT DELBERT LSR TRUST) IRRIGATION DITCH/ HILLSBOROUGH DITCH (LITTLE WALKER PROPERTIES OF COLORADO) IRRIGATION DITCH/HILLSBOROUGH DITCH (BERNHARDT DELBERT LSR TRUST) HOUSE/BUILDING (STEVEN & KAREN KIELAN) IRRIGATION DITCH/ HILLSBOROUGH DITCH (JOHN & SHARON KIELAN) WCR 25 & ROW (WELD COUNTY PUBLIC WORKS) WCR 48 & ROW (WELD COUNTY PUBLIC WORKS) WCR 23 & ROW (WELD COUNTY PUBLIC WORKS) HOUSE/BUILDING (JERRID KERN & BROOKE WAGNER) HILLSBOROUGH DITCH AFFECTED LANDS: ur,E PO TEN 3_ 664111)ONEO YSCO) SPILLWAY 3H:1V RECLAIMED SLOPE NOBLE ENERGY mac„ GAS WELL, PLUGGED AND ABANDONED WELL (P&A)I IRO I AL` • (9 LINEAR FEET) FEET \ �\\ \ RECLAIMED SHORELINE TYP. ON ALL SHORELINES CELL 3 RECLAIMED WATER STORAGE, TOP EL: 4720, BOTTOM 4690 - GASLINE TO BE RELOCATED y--/ - \ -6 AC. AMENDED PARCEL RECLAIMED UPLANDS STRUCTURE INFO: SEEDING SPEC FOR UPLAND AREAS: LEGEND: - CELL 2 COMPLETED WATER STORAGE (TOP EL 4730, BOTTOM 4700) CENTRAL COLORADO WATER CONSERVANCY DISTRICT IS CURRENTLY STORING WATER ONSITE CONVEYOR PROPERTY: VARIOUS OUT BUILDINGS FLOODPLAIN INFO: FLOODPLAIN INFO IS FROM FIRM FLOOD INSURANCE RATE MAP PANEL NO. 0802660750C EFFECTIVE DATE: SEPTEMBER 28, 1982 EXISTING VEGETATION: FALLOWED AGRICULTURAL LAND SURVEY INFO: KING SURVEYORS 650 E. Cruder Drive I Windsor. Colorado 8115.50 phone: (9711) 686-5011 I email: ioF @KingSo,vepass.com APPLICANT: BESTWAY CONCRETE & AGGREGATE 301 CENTENNIAL DRIVE MILUKEN, CO 80543 O NOTE: CELL 4 RECLAIMED WATER STORAGE TOP EL: 4720, BOTTOM 4690 ) MAINTAIN SLOPES TO THE RIVER, AREA NOT DISTURBED EXCEPT CONVEYOR AREA CIVIL RESOURCES, LLC. IS NOT RESPONSIBLE FOR SAFETY, IN, ON, OR ABOUT THE PROJECT SITE, NOR FOR COMPLIANCE BY THE APPROPRIATE PARTY OF ANY REGULATIONS THERETO_ THESEMAPS WERE PREPARED BY CIVIL RESOURCES, LLC. IN COOPERATION WITH BESTWAY CONCRETE. BESTWAY WILL KEEP THE DIVISION OF RECLAMATION MINING AND SAFETY INFORMED OF ANY CHANGES TO THE MINING OR RECLAMATION PLANS THROUGH ANNUAL REPORTS AND FILE TECHNICAL REVISIONS AND AMENDMENT APPLICATIONS AS NECESSARY THROUGHOUT THE UFE OF THE MINE. SPILLWAY CELL 5 RECLAIMED WATER STORAGE TOP EL: 4720, BOTTOM 4690 3H:1V RECLAIMED SLOPE COMMON NAME (VARIETY) SCIENTIFIC NAME LBS PLS/ACRE SAND BLUESTEM SAND LOVEGRASS INDIAN RICEGRASS PRAIRIE SANDREED GREEN NEEDLEGRASS UTTLE BLUESTEM YELLOW INDIANGRASS SWITCHGRASS SAND DROPSEED (CHAMP. CHET) (BEND, NATIVE, NE27) (NEZPAR. RIMROCK) (GOSHEN) (LODORM) (BLAZE. CIMARRON. CAMPER) (CHEYENNE, HOLT, SCOUT) (BLACKWELL, NEBRASKA 28) 2.5 3 0.75 1.5 0.75 0.5 1.5 0.5 TOTAL LEIS PER ACRE: 12.0 SPILLWAY UNE SW 1/4I 1 4720 MAINTAIN SLOPES TO THE RIVER, AREA NOT DISTURBED f 1 MAINTAIN SLOPES ((( TO THE RIVER, fAREA NOT 'DISTURBED T0WCR 4 s 1)/ Raw I -DIE —T- -X— PERMIT BOUNDARY 100 YR. FLOODPLAIN EXISTING DITCH. EXISTING 2' CONTOURS EXISTING OVERHEAD POWER EXISTING GAS UNE EXISTING TELEPHONE LINE EXISTING FENCE SECTION UNE EDGE OF UNPAVED ROAD STRUCTURES SOILS CLASSIFICATION BOUNDARY MONITORING WELLS EXISTING ROAD R.O.W. PROPOSED ROAD R.O.W. EXISTING TREE EXISTING GAS WELL EXISTING TANK BATTERY �TESTHOLE NUMBER IN -6 NUMBER OF FEET (3.51201 OFU OVERBURDEN 'NUMBER OF FEET OF GRAVEL RESOURCE WATER WELLS PROPOSED MONITORING WELLS m 03 BFE *4974 FIRM (4971) BASE FLOOD ELEVATIONS 44 SE COR.. SEC. 1 e CIVIL RES'URCES, LLC 323 5th STREET P.O. 80x 680 FREDERICK, CO 80530 303.833.1416 W W W.CIVILRESOURCES.COM BESTWAY CONCRETE, INC. 301 CENTENNIAL DR. MILLIKEN, CO 80543 970.587.7277 CONTACT: MARK JOHNSON CONVEYOR AMENDMENT TO M2002-120 REVISIONS NO DESCRIPTION DATE AO09EWEN 7118/69 NORTH DESIGNED 8Y: DRAWN BY: XXX CHECKED BY: XXX JOB NO.: Value DWG NAME:DRMS-FIOS.DWG DATE:00101. mut SCALE: AS NOTED AS NOTED RECLAMATION PLAN SHEET, 3 PLHIGHQU.OPT 6/17/2019 XSTABL File: PLHIGHQU 6-17-19 9:28 ****************************************** * XSTABL * * * Slope Stability Analysis * using the * Method of Slices * * * Copyright (C) 1992 - 2002 * Interactive Software Designs, Inc. * Moscow, ID 83843, U.S.A. * * * All Rights Reserved * * * Ver. 5.206 96 - 1952 * ****************************************** Problem Description : Bernhardt Power Line Seismic 42 ft SEGMENT BOUNDARY COORDINATES 4 SURFACE boundary segments Segment x -left y -left x -right y -right Soil Unit No. (ft) (ft) (ft) (ft) Below Segment 1 .0 40.0 80.0 40.0 3 2 80.0 40.0 176.0 72.0 2 3 176.0 72.0 206.0 82.0 1 4 206.0 82.0 290.0 82.0 1 3 SUBSURFACE boundary segments Segment x -left y -left x -right y -right Soil Unit No. (ft) (ft) (ft) (ft) Below Segment 1 176.0 72.0 290.0 72.0 2 2 80.0 40.0 290.0 40.0 3 3 .0 38.0 290.0 38.0 4 ISOTROPIC Soil Parameters 4 Soil unit(s) specified Soil Unit Weight Cohesion Friction Pore Pressure Water Unit Moist Sat. Intercept Angle Parameter Constant Surface No. (pcf) (pcf) (psf) (deg) Ru (psf) No. 1 114.0 126.0 50.0 28.00 .000 .0 1 2 130.0 137.0 .0 35.00 .000 .0 1 3 120.0 130.0 50.0 26.00 .000 .0 1 4 124.0 134.0 100.0 29.00 .000 .0 1 1 PLHIGHQU.OPT 6/17/2019 1 Water surface(s) have been specified Unit weight of water = 62.40 (pcf) Water Surface No. 1 specified by 3 coordinate points ********************************** PHREATIC SURFACE, ********************************** Point x -water y -water No. (ft) (ft) 1 .00 82.00 2 210.00 82.00 3 290.00 77.00 A horizontal earthquake loading coefficient of .085 has been assigned A vertical earthquake loading coefficient of .000 has been assigned A critical failure surface searching method, using a random technique for generating CIRCULAR surfaces has been specified. 400 trial surfaces will be generated and analyzed. 20 Surfaces initiate from each of 20 points equally spaced along the ground surface between x = 45.0 ft and x = 100.0 ft Each surface terminates between x = 226.0 ft and x = 236.0 ft Unless further limitations were imposed, the minimum elevation at which a surface extends is y = 20.0 ft 7.0 ft line segments define each trial failure surface. ANGULAR RESTRICTIONS The first segment of each failure surface will be inclined within the angular range defined by : Lower angular limit := -45.0 degrees 2 «. PLHIGHQU.OPT 6/17/2019 Upper angular limit := -5.0 degrees Factors of safety have been calculated by the : * * * * * SIMPLIFIED BISHOP METHOD * * * * * The most critical circular failure surface is specified by 25 coordinate points Point x -surf y -surf No. (ft) (ft) 1 76.84 40.00 2 83.80 39.26 3 90.79 38.76 4 97.78 38.50 5 104.78 38.47 6 111.78 38.68 7 118.76 39.12 8 125.73 39.80 9 132.67 40.72 10 139.57 41.87 11 146.44 43.25 12 153.25 44.86 13 160.00 46.71 14 166.69 48.78 15 173.30 51.07 16 179.83 53.59 17 186.28 56.32 18 192.62 59.28 19 198.87 62.44 20 205.00 65.82 21 211.02 69.39 22 216.91 73.18 23 222.67 77.15 24 228.29 81.32 25 229.14 82.00 **** Simplified BISHOP FOS = 1.518 **** The following is a summary of the TEN most critical surfaces Problem Description : Bernhardt Power Line Seismic 42 ft FOS Circle Center Radius Initial Terminal Resisting (BISHOP) x-coord y-coord x-coord x-coord Moment (ft) (ft) (ft) (ft) (ft) (ft -lb) 1. 1.518 102.11 245.58 207.12 76.84 229.14 1.975E+07 2. 1.521 101.97 244.61 205.81 79.74 228.09 1.908E+07 3. 1.525 111.95 218.44 179.97 82.63 229.26 1.804E+07 4. 1.528 97.15 263.26 224.78 71.05 230.07 2.117E+07 3 PLHIGHQU.OPT 6/17/2019 5. 1.533 90.64 276.10 238.15 59.47 228.58 2.192E+07 6. 1.533 88.93 284.58 246.02 62.37 228.53 2.158E+07 7. 1.534 88.50 274.78 236.94 56.58 226.21 2.106E+07 8. 1.535 81.82 300.18 261.70 53.68 226.31 2.132E+07 9. 1.544 96.07 269.88 231.94 65.26 232.04 2.306E+07 10. 1.547 120.48 195.58 157.66 85.53 229.78 1.696E+07 * * * END OF FILE * * * 4 PLHIGHST.OPT 6/17/2019 XSTABL File: PLHIGHST 6-17-19 9:18 ****************************************** * XSTABL * * * Slope Stability Analysis * using the * Method of Slices * * Copyright (C) 1992 - 2002 * Interactive Software Designs, Inc. * Moscow, ID 83843, U.S.A. * * All Rights Reserved * * Ver. 5.206 96 - 1952 ****************************************** Problem Description : Bernhardt Power Line Static 42 ft SEGMENT BOUNDARY COORDINATES 4 SURFACE boundary segments Segment x -left y -left x -right y -right Soil Unit No. (ft) (ft) (ft) (ft) Below Segment 1 .0 40.0 80.0 40.0 3 2 80.0 40.0 176.0 72.0 2 3 176.0 72.0 206.0 82.0 1 4 206.0 82.0 290.0 82.0 1 3 SUBSURFACE boundary segments Segment x -left y -left x -right y -right Soil Unit No. (ft) (ft) (ft) (ft) Below Segment 1 176.0 72.0 290.0 72.0 2 2 80.0 40.0 290.0 40.0 3 3 .0 38.0 290.0 38.0 4 ISOTROPIC Soil Parameters 4 Soil unit(s) specified Soil Unit Weight Cohesion Friction Pore Pressure Water Unit Moist Sat. Intercept Angle Parameter Constant Surface No. (pcf) (pcf) (psf) (deg) Ru (psf) No. 1 114.0 126.0 50.0 28.00 .000 .0 1 2 130.0 137.0 .0 35.00 .000 .0 1 3 120.0 130.0 50.0 26.00 .000 .0 1 4 124.0 134.0 100.0 29.00 .000 .0 1 1 PLHIGHST.OPT 6/17/2019 1 Water surface(s) have been specified Unit weight of water = 62.40 (pcf) Water Surface No. 1 specified by 3 coordinate points ********************************** PHREATIC SURFACE, ********************************** Point x -water y -water No. (ft) (ft) 1 .00 82.00 2 210.00 82.00 3 290.00 77.00 A critical failure surface searching method, using a random technique for generating CIRCULAR surfaces has been specified. 400 trial surfaces will be generated and analyzed. 20 Surfaces initiate from each of 20 points equally spaced along the ground surface between x = 45.0 ft and x = 100.0 ft Each surface terminates between x = 226.0 ft and x = 236.0 ft Unless further limitations were imposed, the minimum elevation at which a surface extends is y = 20.0 ft 7.0 ft line segments define each trial failure surface. ANGULAR RESTRICTIONS The first segment of each failure surface will be inclined within the angular range defined by : Lower angular limit := -45.0 degrees Upper angular limit := -5.0 degrees Factors of safety have been calculated by the : 2 PLHIGHST.OPT 6/17/2019 * * * * * SIMPLIFIED BISHOP METHOD * * * * * The most critical circular failure surface is specified by 25 coordinate points Point x -surf y -surf No. (ft) (ft) 1 76.84 40.00 2 83.80 39.26 3 90.79 38.76 4 97.78 38.50 5 104.78 38.47 6 111.78 38.68 7 118.76 39.12 8 125.73 39.80 9 132.67 40.72 10 139.57 41.87 11 146.44 43.25 12 153.25 44.86 13 160.00 46.71 14 166.69 48.78 15 173.30 51.07 16 179.83 53.59 17 186.28 56.32 18 192.62 59.28 19 198.87 62.44 20 205.00 65.82 21 211.02 69.39 22 216.91 73.18 23 222.67 77.15 24 228.29 81.32 25 229.14 82.00 **** Simplified BISHOP FOS = 2.422 **** The following is a summary of the TEN most critical surfaces Problem Description : Bernhardt Power Line Static 42 ft FOS Circle Center Radius Initial Terminal Resisting (BISHOP) x-coord y-coord x-coord x-coord Moment (ft) (ft) (ft) (ft) (ft) (ft -lb) 1. 2.422 102.11 245.58 207.12 76.84 229.14 2.065E+07 2. 2.423 101.97 244.61 205.81 79.74 228.09 1.995E+07 3. 2.436 111.95 218.44 179.97 82.63 229.26 1.886E+07 4. 2.439 88.50 274.78 236.94 56.58 226.21 2.199E+07 5. 2.443 97.15 263.26 224.78 71.05 230.07 2.212E+07 6. 2.445 81.82 300.18 261.70 53.68 226.31 2.227E+07 7. 2.446 90.64 276.10 238.15 59.47 228.58 2.289E+07 8. 2.447 88.93 284.58 246.02 62.37 228.53 2.254E+07 9. 2.460 103.87 228.82 192.17 68.16 227.80 2.130E+07 10. 2.474 120.48 195.58 157.66 85.53 229.78 1.771E+07 3 PLHINWQU.OPT 6/17/2019 XSTABL File: PLHINWQU 6-17-19 9:46 ****************************************** * XSTABL * * * Slope Stability Analysis * using the * Method of Slices * * * Copyright (C) 1992 - 2002 * Interactive Software Designs, Inc. * Moscow, ID 83843, U.S.A. * * * All Rights Reserved * * * Ver. 5.206 96 - 1952 ****************************************** Problem Description : Empt Res Seismic 42 Ft SEGMENT BOUNDARY COORDINATES 4 SURFACE boundary segments Segment x -left y -left x -right y -right Soil Unit No. (ft) (ft) (ft) (ft) Below Segment 1 .0 40.0 80.0 40.0 3 2 80.0 40.0 176.0 72.0 2 3 176.0 72.0 206.0 82.0 1 4 206.0 82.0 290.0 82.0 1 3 SUBSURFACE boundary segments Segment x -left y -left x -right y -right Soil Unit No. (ft) (ft) (ft) (ft) Below Segment 1 176.0 72.0 290.0 72.0 2 2 80.0 40.0 290.0 40.0 3 3 .0 38.0 290.0 38.0 4 ISOTROPIC Soil Parameters 4 Soil unit(s) specified Soil Unit Weight Cohesion Friction Pore Pressure Water Unit Moist Sat. Intercept Angle Parameter Constant Surface No. (pcf) (pcf) (psf) (deg) Ru (psf) No. 1 114.0 126.0 50.0 28.00 .000 .0 1 2 130.0 137.0 .0 35.00 .000 .0 1 3 120.0 130.0 50.0 26.00 .000 .0 1 4 124.0 134.0 100.0 29.00 .000 .0 1 1 PLHINWQU.OPT 6/17/2019 1 Water surface(s) have been specified Unit weight of water = 62.40 (pcf) Water Surface No. 1 specified by 3 coordinate points ********************************** PHREATIC SURFACE, ********************************** Point x -water y -water No. (ft) (ft) 1 .00 41.00 2 83.00 41.00 3 290.00 50.00 A horizontal earthquake loading coefficient of .085 has been assigned A vertical earthquake loading coefficient of .000 has been assigned A critical failure surface searching method, using a random technique for generating CIRCULAR surfaces has been specified. 400 trial surfaces will be generated and analyzed. 20 Surfaces initiate from each of 20 points equally spaced along the ground surface between x = 45.0 ft and x = 100.0 ft Each surface terminates between x = and x = 226.0 ft 236.0 ft Unless further limitations were imposed, the minimum elevation at which a surface extends is y = 20.0 ft 7.0 ft line segments define each trial failure surface. ANGULAR RESTRICTIONS The first segment of each failure surface will be inclined within the angular range defined by : Lower angular limit := -45.0 degrees 2 PLHINWQU.OPT 6/17/2019 Upper angular limit :_ -5.0 degrees Factors of safety have been calculated by the : * * * * * SIMPLIFIED BISHOP METHOD * * * * * The most critical circular failure surface is specified by 29 coordinate points Point x -surf y -surf No. (ft) (ft) 1 50.79 40.00 2 57.14 37.05 3 63.62 34.42 4 70.23 32.12 5 76.95 30.14 6 83.76 28.50 7 90.63 27.21 8 97.57 26.25 9 104.54 25.64 10 111.54 25.38 11 118.54 25.47 12 125.52 25.90 13 132.48 26.68 14 139.39 27.80 15 146.23 29.27 16 153.00 31.08 17 159.66 33.21 18 166.21 35.68 19 172.63 38.47 20 178.91 41.57 21 185.02 44.98 22 190.96 48.70 23 196.70 52.70 24 202.24 56.98 25 207.56 61.53 26 212.64 66.34 27 217.48 71.40 28 222.06 76.69 29 226.22 82.00 **** Simplified BISHOP FOS = 1.582 **** The following is a summary of the TEN most critical surfaces Problem Description : Empt Res Seismic 42 Ft FOS Circle Center Radius Initial Terminal Resisting (BISHOP) x-coord y-coord x-coord x-coord Moment (ft) (ft) (ft) (ft) (ft) (ft -lb) 3 PLHINWQU.OPT 6/17/2019 1. 1.582 113.31 166.27 140.90 50.79 226.22 3.478E+07 2. 1.588 115.95 157.00 133.92 50.79 226.84 3.550E+07 3. 1.592 115.98 161.45 137.84 50.79 228.57 3.667E+07 4. 1.593 118.14 155.91 131.25 56.58 226.54 3.335E+07 5. 1.594 110.35 181.18 155.57 45.00 230.17 3.965E+07 6. 1.594 115.50 166.52 142.11 50.79 229.68 3.741E+07 7. 1.595 111.08 179.83 154.65 45.00 230.81 4.019E+07 8. 1.596 116.21 156.10 134.71 47.89 228.67 3.799E+07 9. 1.596 108.07 188.67 161.49 45.00 229.30 3.894E+07 10. 1.598 116.60 147.84 127.87 47.89 226.18 3.650E+07 * * * END OF FILE * * * 4 PLHINWST.OPT 6/17/2019 XSTABL File: PLHINWST 6-17-19 9:40 ****************************************** * XSTABL * * Slope Stability Analysis * using the * Method of Slices * * Copyright (C) 1992 - 2002 * Interactive Software Designs, Inc. * Moscow, ID 83843, U.S.A. * * All Rights Reserved * * Ver. 5.206 96 - 1952 ****************************************** * * Problem Description : Empt Res Static 42 Ft SEGMENT BOUNDARY COORDINATES 4 SURFACE boundary segments Segment x -left y -left x -right y -right Soil Unit No. (ft) (ft) (ft) (ft) Below Segment 1 .0 40.0 80.0 40.0 3 2 80.0 40.0 176.0 72.0 2 3 176.0 72.0 206.0 82.0 1 4 206.0 82.0 290.0 82.0 1 3 SUBSURFACE boundary segments Segment x -left y -left x -right y -right Soil Unit No. (ft) (ft) (ft) (ft) Below Segment 1 176.0 72.0 290.0 72.0 2 2 80.0 40.0 290.0 40.0 3 3 .0 38.0 290.0 38.0 4 ISOTROPIC Soil Parameters 4 Soil unit(s) specified Soil Unit Weight Cohesion Friction Pore Pressure Water Unit Moist Sat. Intercept Angle Parameter Constant Surface No. (pcf) (pcf) (psf) (deg) Ru (psf) No. 1 114.0 126.0 50.0 28.00 .000 .0 1 2 130.0 137.0 .0 35.00 .000 .0 1 3 120.0 130.0 50.0 26.00 .000 .0 1 4 124.0 134.0 100.0 29.00 .000 .0 1 1 PLHINWST.OPT 6/17/2019 1 Water surface(s) have been specified Unit weight of water = 62.40 (pcf) Water Surface No. 1 specified by 3 coordinate points ********************************** PHREATIC SURFACE, ********************************** Point x -water y -water No. (ft) (ft) 1 .00 41.00 2 83.00 41.00 3 290.00 50.00 A critical failure surface searching method, using a random technique for generating CIRCULAR surfaces has been specified. 400 trial surfaces will be generated and analyzed. 20 Surfaces initiate from each of 20 points equally spaced along the ground surface between x = 45.0 ft and x = 100.0 ft Each surface terminates between x = 226.0 ft and x = 236.0 ft Unless further limitations were imposed, the minimum elevation at which a surface extends is y = 20.0 ft 7.0 ft line segments define each trial failure surface. ANGULAR RESTRICTIONS The first segment of each failure surface will be inclined within the angular range defined by : Lower angular limit := -45.0 degrees Upper angular limit := -5.0 degrees Factors of safety have been calculated by the : 2 n PLHINWST.OPT 6/17/2019 * * * * * SIMPLIFIED BISHOP METHOD * * * * * The most critical circular failure surface is specified by 29 coordinate points Point x -surf y -surf No. (ft) (ft) 1 50.79 40.00 2 57.14 37.05 3 63.62 34.42 4 70.23 32.12 5 76.95 30.14 6 83.76 28.50 7 90.63 27.21 8 97.57 26.25 9 104.54 25.64 10 111.54 25.38 11 118.54 25.47 12 125.52 25.90 13 132.48 26.68 14 139.39 27.80 15 146.23 29.27 16 153.00 31.08 17 159.66 33.21 18 166.21 35.68 19 172.63 38.47 20 178.91 41.57 21 185.02 44.98 22 190.96 48.70 23 196.70 52.70 24 202.24 56.98 25 207.56 61.53 26 212.64 66.34 27 217.48 71.40 28 222.06 76.69 29 226.22 82.00 **** Simplified BISHOP FOS = 2.104 **** The following is a summary of the TEN most critical surfaces Problem Description : Empt Res Static 42 Ft FOS Circle Center Radius Initial Terminal Resisting (BISHOP) x-coord y-coord x-coord x-coord Moment (ft) (ft) (ft) (ft) (ft) (ft -lb) 1. 2.104 113.31 166.27 140.90 50.79 226.22 3.579E+07 2. 2.111 118.14 155.91 131.25 56.58 226.54 3.429E+07 3. 2.114 115.95 157.00 133.92 50.79 226.84 3.651E+07 4. 2.121 119.91 149.05 126.11 56.58 226.66 3.456E+07 5. 2.122 115.98 161.45 137.84 50.79 228.57 3.771E+07 6. 2.122 112.80 179.72 150.61 56.58 227.37 3.486E+07 7. 2.124 118.80 158.49 133.83 56.58 228.57 3.574E+07 8. 2.127 115.50 166.52 142.11 50.79 229.68 3.847E+07 PLHINWST.OPT 6/17/2019 9. 2.127 120.73 144.11 122.29 56.58 226.03 3.430E+07 10. 2.130 116.60 147.84 127.87 47.89 226.18 3.752E+07 * * * END OF FILE * * * 4 PLHI HQU 6-7-19 9:28 4 2(X) 160 m 120 44. GO >a< a 80 i r 40 Bernhardt Power Line Seismic 42 ft 10 most critical surfaces, MINIMUM BISHOP FOS = 1.518 1 1 0 40 80 120 160 200 240 280 320 X-AXIS (feet) PLHIGHST 6-17-19 9:18 200 160 .t. v 120 cu 44- X < 80 I 40 0 0 Bernhardt Power Line Static 42 ft 10 most critical surfaces, MINIMUM BISHOP FOS = 2.422 T 40 80 120 160 200 240 280 320 X-AXfS (feet) PLHINWQU 6-17-19 9:46 200 160 40 0 Empt Res Seismic 42 Ft 10 most critical surfaces, MINIMUM BISHOP FOS = 1.582 240 280 0 40 8O 12O 160 200 X-AXIS (feet) 320 PLHINWST 6-17-19 9:40 200 U 160 „ 40 y Empt Res Static 42 Ft 10 most critical surfaces, MINIMUM BISHOP FOS = 2.104 w 1 0 40 80 r T T 120 160 200 X-AXIS (feet) 240 280 320 STRUCTURE OWNERS MAILINGS 8/9/2019 USPS.com® - USPS Tracking® Results USPS Tracking® FAQs > (https://www.usps.com/fags/uspstracking-fags.htm) Track Another Package + Tracking Number: 70132250000070214321 Town of Milliken Remove X Your item was delivered to the front desk, reception area, or mail room at 1:32 pm on August 9, 2019 in MILLIKEN, CO 80543. G Delivered August 9, 2019 at 1:32 pm Delivered, Front Desk/Reception/Mail Room MILLIKEN, CO 80543 Get Updates \/ m CD CD Q m 0 Text & Email Updates Tracking History v Product Information See Less ^ https://tools. usps.com/go/TrackConfirmAction?tRef=fullpage&tLc=13&text28777=&tLabels=70132250000070214321 %2C70132250000070214338%2O70132250000070214314%2O701322500000702... 1/10 8/9/2019 USPS.com® - USPS Tracking® Results Tracking Number: 70132250000070214338 Little Walker Properties Your item was delivered at 11:22 am on August 9, 2019 in GILLETTE, WY 82717. Ge Delivered August 9, 2019 at 11:22 am Delivered GILLETTE, WY 82717 Get Updates \/ Tracking Number: 70132250000070214314 See More \/ Noble Energy Remove X m CD CD a Q 0) n Remove X Your item was delivered to the front desk, reception area, or mail room at 12:21 pm on August 8, 2019 in DENVER, CO 80202. & Delivered August 8, 2019 at 12:21 pm Delivered, Front Desk/Reception/Mail Room DENVER, CO 80202 https://tools.uses.com/go/TrackConfirmAction?tRef=fullpage&tLc=13&text28777=&tLabels=70132250000070214321%2C70132250000070214338%2C70132250000070214314%2O701322500000702... 2/10 8/9/2019 USPS.com® - USPS Tracking® Results Get Updates \/ See More \/ Tracking Number: 70132250000070214307 Expected Delivery by FRIDAY 8:00pm 9 AUGUST 2019® In -Transit August 9, 2019 at 12:16 am Departed USPS Regional Facility DENVER CO DISTRIBUTION CENTER Get Updates \/ Tracking Number: 70132250000070214291 PDC Energy See More S/ Wagner Property Remove X ii CD a m C, Remove X https://tools.uses.com/golTrackConfirmAction?tRef=fullpage&tLc=13&text28777=&tLabels=70132250000070214321%2C70132250000070214338%2C70132250000070214314%2C701322500000702... 3/10 8/9/2019 Expected Delivery on FRIDAY by 9 AUGUST et eta, 20190 8:OOpm0 Out for Delivery August 9, 2019 at 10:03 am Out for Delivery, Expected Delivery: Arrival by 8:00pm MILLIKEN, CO 80543 Get Updates \/ Tracking Number: 70132250000070214284 USPS.com® - USPS Tracking® Results See More \/ Weld County Public Works Your item was delivered at 10:47 am on August 9, 2019 in GREELEY, CO 80632. & Delivered August 9, 2019 at 10:47 am Delivered GREELEY, CO 80632 m CD CD a. m C, Remove X Get Updates '/ https:/!tools. uses.com/go/TrackConfirmAction?tRef=fullpage&tLc=13&text28777=&tLabels=70132250000070214321 %2O70132250000070214338%2O70132250000070214314%2O701322500000702... 4/10 8/9/2019 USPS.com® - USPS Tracking® Results See More \/ Tracking Number: 70132250000070214277 Expected Delivery on FRIDAY by 9 AUGUST 20190 8:00pm Out for Delivery August 9, 2019 at 8:24 am Out for Delivery, Expected Delivery: Arrival by 8:00pm DENVER, CO 80223 Get Updates •/ Tracking Number: 70132250000070214260 Public Service Company See More \/ Hillsborough Ditch Remove X m CD o- o- 0 Remove X ExnectAd DPIivory by https://tools.uses.com/go/TrackConfiirmAction?tRef=fullpage&tLc=13&text28777=&labels=70132250000070214321 %2O70132250000070214338%2O70132250000070214314%2O701322500000702... 5/10 8/9/2019 USPS.com® - USPS Tracking® Results FRIDAY 9 AUGUST 20190 Alert 8:00pm August 9, 2019 at 9:51 am Forwarded JOHNSTOWN, CO Get Updates \/ Text & Email Updates Tracking History CD m a m Product Information v Tracking Number: 70132250000070214253 Expected Delivery on https://tools.uses.com/golrrackConfirmAction?tRef=fullpage&lc=13&text28777=&tl.abels=70132250000070214321 %2C70132250000070214338%2O70132250000070214314%2C701322500000702... 6/10 See Less " Steve & Karen Kielian Remove X 8/9/2019 USPS.com® - USPS Tracking® Results 9 AUGUST 2019 FRIDAY by 8:00pm o Out for Delivery August 9, 2019 at 10:03 am Out for Delivery, Expected Delivery: Arrival by 8:00pm MILLIKEN, CO 80543 Get Updates \/ Tracking Number: 70132250000070214246 See More \/ DCP Your item was delivered to an individual at the address at 11:43 am on August 8, 2019 in GREELEY, CO 80631. G Delivered August 8, 2019 at 11:43 am Delivered, Left with Individual GREELEY, CO 80631 Get Updates N/ See More N/ m CD CD a Cr C) Remove X https://tools. uses.com/golTrackConfirmAction?tRef=fullpage&tLc=13&text28777=&tLabels=70132250000070214321 %2O70132250000070214338%2O70132250000070214314%2O701322500000702... 7/10 8/9/2019 USPS.com® - USPS Tracking® Results Tracking Number: 70132250000070214239 Expected Delivery on FRIDAY by 9 AUGUST 2019 Q 8:00pm Out for Delivery August 9, 2019 at 10:03 am Out for Delivery, Expected Delivery: Arrival by 8:00pm MILLIKEN, CO 80543 Get Updates \/ Tracking Number: 70132250000070214222 Expected Delivery on FRIDAY Bernhardt Delbert See More \/ John & Sharon Kielian Remove X Remove X https://tools.uses.com/gofrrackConfirmAction?tRef=fullpage&tLc=13&text28777=&tLabels=70132250000070214321 %2C70132250000070214338%2O70132250000070214314%2C701322500000702... 8/10 8/9/2019 USPS.com® - USPS Tracking® Results 9 2 AUGST 19U>Q' 8:00pm O by Out for Delivery August 9, 2019 at 10:03 am Out for Delivery, Expected Delivery: Arrival by 8:00pm MILLIKEN, CO 80543 Get Updates \/ See More \/ Can't find what you're looking for? 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Sign Up CD CD a CT o) C, (https://reg.usps.com/entreg/RegistrationAction_input? *NOTE: Black and white (grayscale) images show the outside, front of letter -sized envelopes and mailpieces that are processed through USPS automated equipment. app=UspsTools&appURL=https%3A%2F/02Ftools.usps.com%2Fgo°/02FTrackConfirmActil https://tools.usps.com/go/TrackConfiirmAction?tRef=futlpage&tLc=13&text2877744Labels=70132250000070214321%2C70132250000070214338%2C70132250000070214314%2070132250000070... 10/10 PROOF OF PUBLICATION PROOF OF PUBLICATION FORT LUPTON PRESS WELD COUNTY STATE OF COLORADO I, Steve Smith, do solemnly swear that I am the Publisher of the Fort Lupton Press the same is a weekly newspaper printed and published in the County of Weld, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said county of Weld for a period of more than fifty- two consecutive weeks prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of FOUR consecutive insertion(s) and that the first publication of said notice was in the issue of newspaper, dated 29th day of May, 2019 the last on the 19th day of June, 2019. lizizilut.„ ,A444,ikk- Publisher, Subscribed and sworn before me, this 19th day of June, 2019 Notary Public. CYNTHIA MARIE FITCH Notary Public State of Colorado Notary ID M 20174043179 My Commission Expires 10-17-2021 PUBLIC NOTICE Bestway Concrete & Aggregates; 301 Centennial Drive, Milliken, CO 80543, 970-587-7277; has filed an Amendment to their Bernhardt Pit M2002-120-AM01 for Construction Materials Operation Reclamation Permit under provisions of the Col- orado Land Reclamation Act for the Extraction of Construction Materials. The site is located southwest of the Big Thompson River. The site is within the southeast % of Section 1, Township 4 North, Range 67 West of the 6th Principal Meridian. The site is generally bounded on the north and east by the existing Bernhardt mine, and on the west and south by Town of Milliken property. The project is located in Weld County, Colorado. The purpose of this notice is to add a small parcel to the mine permit boundary to allow for a conveyor crossing. Active reclamation will be ongoing such as weed mitigation and seeding in the previously mined areas. The area is being added to allow for a conveyor belt to cross through the amended property. The proposed date of commence- ment is concurrent, and the proposed date of completion is Winter 2025. The proposed future use of the land is pasture. Additional information and tentative decision date may be obtained from the Division of Reclamation Mining and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567, or at the Weld Coun- ty Clerk to the Board of County Com- missioners, 915 10th Street, Greeley, CO, 970-304-6530, or the above named applicant. Comments must be in writing and must be received by the Division of Reclamation Mining and Safety by 4:00 p.m. on July 9, 2019 (20th day after the 4th publication) Please contact Andy Rodriguez with Civil Resources at (303) 833-1416 ex. 202 if you have any questions or comments regarding this application of Mark Johnson with Bestway Con- crete & Aggregate at 970-587-7277. Scheduled to be published, May 29, June 5, June 12 and June 19. Published in the Fort Lupton Press on May 29, June 05, 12, and 19, 2019. #190544 WEICOM[ TO £dit .IKEN•3ERNHAIIDI OPERnTIOwS •r% ti %VOW sb#a4ar.� tduau sin id"ltl • Li Ml i, Olyr watt. yo. *as tY3-t.At2dsr 'flI% iii A YAOt0 MOw1014t0 LOtAtr a 9vrwn A." 4 .g ;[ YOU AK t0 &OWOt lr on Mitt, putt3 [ PAM! SAA.Nttts lM JYi .lf titAt Wtlit.Sr14 o UywfvtleaittAO +Csi M V3110113 MUST 1fbtt 10 Ito mint A‘ k\utarA .r.rr,r.w w+►wwr Nu►* w vA .rawiin (SLeW Sait 0 %men .slop W4.) • SP'S • • is •Mf +•'••c ea, • 1M -r_ • F civil s 1 COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman St. Room 215 Denver, CO 80203 May 6, 2019 Weld County Commissioners 915 10th St Greeley, CO 80631 RECEIVED MAY 1 3 WELD COUNTY COMMISSIONER RE: Notice of 112 Construction Materials Reclamation Permit Amendment Application Consideration Bestway Concrete Company, Bernhardt Resource, Permit No. M-2002-120-AMO1 Please be advised that on May 6, 2019, Bestway Concrete Company, whose address and telephone number are 301 Centennial Dr. , Milliken, CO 80543; (970) 587-7287, filed an Amendment application to M-2002- 120, Bernhardt Resource, which is located at or near Section 1, Township 4N, Range 67W, 6 Principal Meridian, in Weld County. The application decision is scheduled for August 5, 2019. A copy of the application is available for review, unless you receive a CD, 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 of the mine plan and/or the reclamation plan, they must be submitted within twenty (20) days of the date of the last 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. Sincerely, ottie Tate for Eric C. Scott Environmental Protection Specialist M -AR -08 PUbV c €A)-.) F5/2O GG'. PL.( -V P),Pk4C3M I Riem lu- 1313 Sherman St. Room 215 Denver, CO 80203 P (303) 866-3567 F (303) 832-8106 https://mining.state.co.us Jared Polls, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director 2oi0‘-113Z •co May 1, 2019 Board of County Commissioners 915 Tenth Street P. O. Box 758 Greeley CO 80632 RECEIVED MAY 0 2 2019 WELD COUNTY COMMISSIONER° RE: Division of Reclamation Mining and Safety, Mine Land Reclamation Board (112) Operation Reclamation Permit Application, Weld County, Colorado; Conveyor Amendment -Bernhardt Mine #M-2002-120, Dear Board: Bestway Concrete & Aggregate is applying for a MLRB permit to mine sand at the project site. The site is located south of the Big Thompson River. The site is within the southeast 1/4 of Section 1, Township 4 North, Range 67 West of the 6th Principal Meridian. The site is generally bounded on the north and east by the existing Bemhardt mine, and on the west and south by Town of Milliken property. The project is located in Weld County, Colorado. As required by the DRMS regulations, we have enclosed the following information for your review: • Notice of Filing Application form • Construction Material Regular (112) Operation Reclamation Permit application form • Exhibit B Index Map • Exhibit C Mining Plan Map • Exhibit F Reclamation Plan Map If you have any questions, please feel free to contact me at 303-833-1416, ext. 202. Sincerely, CIVIL RESOURCES, LLC Andy Rodriguez, P.E. Civil Engineer J:1Bestway-2131bemhardBDRMSINotices\N0TICE Cltr Cnty Cmmsrs.doc 0113/q CC. Pt-C-19)1PwC,Y•A1 ?'ICY ICY 6147/(9 2019-1732 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 COUNTY Bestway Concrete Company (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 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 existing conditions/ dry land crop 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. 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 CHECK ONE: n There is a File Number Already Assigned to this Operation Permit # M - El New Application (Rule 1.4.5) Conversion Application (Rule 1.11) Permit # M-2002-120 (provide for Amendments and Conversions of existing permits) COLORADO DIVISION OF RECLAMATION MINING —&— SAFETY (Please reference the file number currently assigned to this operation) Amendment Application (Rule 1.10) 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): Bestway Concrete Company 1.1 Type of organization (corporation, partnership, etc.): 2. Operation name (pit, mine or site name): 3. Permitted acreaee (new or existing site): 3.1 Change in acreage (+) 3.2 Total acreage in Permit area Conveyor Amendment to Bernhardt Gravel Mine 4. Fees: 4.1 New Application 4.2 New Quarry Application 4.4 Amendment Fee 4.5 Conversion to 112 operation (set by statute) 5. Primary commoditie(s) to be mined: sand 5.1 Incidental commoditie(s) to be mined: 1. 3. / lbs/Tons/yr 4. gravel top soil 286.1 6.0 292.1 $2,696.00 $3,342.00 $2,229.00 $2,696.00 general fill - lbs/Tons/yr 2. / / lbs/Tons/yr 5. / permitted acres acres acres application fee quarry application amendment fee conversion fee lbs/Tons/yr lbs/Tons/yr 5.2 Anticipated end use of primary commoditie(s) to be mined: 5.3 Anticipated end use of incidental commoditie(s) to be mined: -2- 6. Name of owner of subsurface rights of affected land: Bernhardt Farms LLC If 2 or more owners, "refer to Exhibit O". 7. Name of owner of surface of affected land: Bernhardt Farms LLC 8. Type of mining operation: El Surface Underground 9. Location Information: The center of the area where the majority of mining will occur: Weld County COUNTY: PRINCIPAL MERIDIAN (check one): 6th (Colorado) a 10th (New Mexico) Ute SECTION (write number): S 1 TOWNSHIP (write number and check direction): RANGE (write number and check direction): QUARTER SECTION (check one): QUARTER/QUARTER SECTION (check one): T 4 El North El South R 67 E East El West NE NW SE SW SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): 0.75 miles northwest of Milliken, el: 4716 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 20 sec 12 .27 (2 decimal places) Longitude (W): deg 104 min 50 sec 15 75 (2 decimal places) OR Example: (N) 39.73691° (W) -104.98449° Latitude (N) (5 decimal places) Longitude(W) (5 decimal places) OR Universal Tranverse Mercator (UTM) Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Datum (specify NAD27, NAD83 or WGS 84) WGS 84 Zone 13 Easting Northing Contact's Name: Company Name: Street/P.O. Box: City: State: Telephone Number: Fax Number: INSPECTION CONTACT Contact's Name: Company Name: Street/P.O. Box: City: State: Telephone Number: Fax Number: -3- 11. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Contact's Name: Company Name: Street/P.O. Box: City: State: Telephone Number: Fax Number: Mark Johnson Bestway Concrete Company Title: VP Aggregates 301 Centennial Drive Milliken P.O. Box: Co (970 ) _ 587 7277 (970 ) _ 587 7287 PERMITTING CONTACT (if different from applicant/operator above) Andy Rodriguez Title: Project Engineer Zip Code: 80543 Civil Resources, LLC 323 5th Street Frederick P.O. Box: 680 CO (303 )_ 833 1416x202 ( Zip Code: 80530 Same As Applicant Operator Title: P.O. Box: Zip Code: 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-minine) land use (check one): Cropland(CR) Pastureland(PL) Rangeland(RL) Forestry(FR) ElResidential(RS) E Recreation(RC) Developed Water Resources(WR) 13. Primary present land use (check one : Cropland(CR) 1 Pastureland(PL) Ea Rangeland(RL) Forestry(FR) Residential(RS) _D Recreation(RC) Developed Water Resources(WR) General Agriculture(GA) Wildlife Habitat(WL) Industrial/Commercial(IC) Solid Waste Disposal(WD) General Agriculture(GA) Wildlife Habitat(WL) Industrial/Commercial(IC) 14. Method of Mining: Briefly explain mining method (e.g. truck/shovel): wet mine 15. On Site Processing: Crushing/Screening 13.1 Briefly explain mining method (e.g. truck/shovel): wet/dry mining with excavator and haul trucks 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). Adding proposed "Bernhardt Farms LLC Property" to existing Bernhardt Mine. Material will be hauled to existing processing area. CONVEYOR AMENDMENT BOUNDARY 73$ O Bestway-2131bernhardtDrawings\Sheets\DRMS Figs.dwg, 4/8/201910:15:19 AM �� CIVIL RESOURCES, LLC BESTWAY CONCRETE CONVEYOR AMENDMENT DATE: April, 2019 FIGURE: A GENERAL LOCATION MAP CONVEYOR AMENDMENT BOUNDARY \02.7. HIGHWAY 60 0, NORTH 500 1,00 ( IN FEET) _ D CIVIL RESOURCES, LLC BESTWAY CONCRETE CONVEYOR AMENDMENT DATE: April, 2019 FIGJRE: A GENERAL LOCATION MAP WES. EQUIPMENT &TRUCK INC ACCOUNT: 681599 PARCEL: 105902000058 WELL PERMIT NO. 781 - TOWN OF MI N ACCOUNT: R44766 6 PARCEL: 105901000022 JOHN & SHARON KIELIAN ACCOUNT: R1196296 PARCEL 105902400002 STEVEN & KAREN KIEOAIV AZ.-EOILNT: 0.3196196 PARCEL: 105902400001 1 JERRID KERN & BROOKE WAGNER ACCOUNT: R4479286 PARCEL: 105902000020 STRUCTURE INFO: VARIOUS BUILDINGS OWNED BY LAND OWNER OVERHEAD POWER (PUBUC SERVICE OF COLORADO) WCR 25 & ROW (WELD COUNTY PUBLIC WORKS) GAS LINES/FACILITY (LITTLE WALKER PROPERTIES OF COLORADO) IRRIGATION DITCH (LITTLE WALKER PROPERTIES OF COLORADO) WCR 48 & ROW (WELD COUNTY PUBLIC WORKS) BUILDINGS (TOWN OF MILLIKEN PROPERTIES) GASLINE/FACILITY (BERNHARDT DELBERT LSR TRUST) IRRIGATION DITCH (BERNHARDT DELBERT LSR TRUST) HOUSE/BUILDING (JERRID KERN & BROOKE WAGNER) HOUSE/BUILDING (STEVEN & KAREN KIELAN) IRRIGATION DITCH (JOHN & SHARON KIELAN) WCR 23 & ROW (WELD COUNTY PUBLIC WORKS) BERNHARDT FARMS LLC' ACCOUNT: R4476586 + PARCEL: 105901000021 T \ � �is \- ]I /0001x000. PbN AFFECTED LANDS: CELL 1 FRESH WATER AND SILT STORAGE CONVEYOR PROPERTY: VARIOUS OUT BUILDINGS FLOODPLAIN INFO: FLOODPLAIN INFO IS FROM FIRM FLOOD INSURANCE RATE MAP PANEL NO. 08026607500 EFFECTIVE DATE: SEPTEMBER 28, 1982 EXISTING VEGETATION: FALLOWED AGRICULTURAL LAND �-` L WELL PERMIT NO. 60728-F ELECTRIC i1 Cs ooOOOo ZONE C OCELL 2 MINED OUT 2 AND SLURRY WALL TEST APPROVED BERNHARDT DELBERT LSR TRUST ACCOUNT: 04247506 PARCEL: 105912200011 SURVEY INFO: ,� - mo\ �J-` \ . REEEN t lEM \`� / -•.... loo r6w \ � .. ,� %! /IV/ \ \\ • fl WELL PERMIT NO. 307956- ( /• •'�� l `\\( I .ry iiiio U _ „- C 1 ) I I J �. r1 t / NE G- •ER 1 ' BERNHARDT FARMS LLC 71Y ACCOUNT: 64202206 PARCEL: 105901100003 `-- / _ p:P / rNw r/ r� 1 // O ( CELL 3 MINED OUT , OCR AND SLURRY WALL / TEST APPROVED Mk , Imo, ^.6 AC. AMENDED PARCEL OVERBURDEN TO BE V. STRIPPED AND BECOME SILT STORAGE fJ�II KEN ENY%AU0' R Fl( X1059010009 !, t '• 2eUC Raver/ —S BC/1W5 BESTWAY CONCRETE COMPANY ACCOUNT: R2461003 PARCEL: 105912149002 TOWN OF MILLIKEN ACCOUNT: R2460903 PARCEL: 105912149001 KING SURVEYORS 650 E. Garden Drive I Windsor, Colorado 80550 phone: (970) 686-0011 I email: info@I4ngSurveynrs.com APPLICANT: BESTWAY CONCRETE & AGGREGATE 301 CENTENNIAL DRIVE MILLIKEN. CO 80543 CONVEYOR BELT tl _ BEANHNO: F11M5. N% LW yq- XJELL PERMIT — TOWN OF MILLIKEN ACCOUNT: R0049090 / / —PARCEL' 105901000043 • WELLF RMIT NO. 8744' =_-�11 e�T „E1 SF5RA-HAHSEN II, WELL PERMIT NO. 60729-F NOTE: WELL PERMIT NO. 42443 -ER CELL 5 NOT MINED, PARTIALLY DISTURBED TO BEGIN SLURRY WALL LEAK TEST CELL 4 PARTIALLY I R I MINED OUT AND 005 �L SLURRY WALL \TEST PROVISIONALLY APPROVED qGS� TOWN OF MILLIKEN ACCOUNT: R3288404 PARCEL: 105901400001 CDR INVESTMENTS L ACCOUNT: 60165201 PARCEL: 105912014005 CDR INVESTMENTS LLC ACCOUNT: 60165101 PARCEL: 105912014004 AILPORT PROPERTIES CO LLC ACCOUNT: 60165001 PARCEL: 105912014003 _J/ BERNHARDT FARMS LLC ACCOUNT: R4384586 PARCEL: 105706000004 COURTY u WELL PERMIT NO. 11740-9-6 s au.iF:. SCR ry :r WELL PERMIT NO. 44082-F LITTLE WALKER PROPERTIES OF COLORADO LLC ACCOUNT: R8400000 PARCEL: 105912001001 SEGRESi-MILLIKEN ADVENTURE LLC ACCOUNT: R0165301 PARCEL: 105912014006 N \ enm CENTER DRIVE" HIGHWAY 60 CIVIL RESOURCES, LLC. IS NOT RESPONSIBLE FOR SAFETY, IN, ON, OR ABOUT THE PROJECT SITE, NOR FOR COMPUANCE BY THE APPROPRIATE PARTY OF ANY REGULATIONS THERETO. THESE MAPS WERE PREPARED BY CIVIL RESOURCES, LLC. IN COOPERATION WITH BESTWAY CONCRETE. BESTWAY WILL KEEP THE DIVISION OF RECLAMATION MINING AND SAFETY INFORMED OF ANY CHANGES TO THE MINING OR RECLAMATION PLANS THROUGH ANNUAL REPORTS AND FILE TECHNICAL REVISIONS AND AMENDMENT APPLICATIONS AS NECESSARY THROUGHOUT THE LIFE OF THE MINE. STATE HIGHWAY N0. 60 (R.O.W. VARIES) LEGEND: PERMIT BOUNDARY 100 YR. FLOODPLAIN EXISTING DITCH EXISTING 2' CONTOURS -OHE EXISTING OVERHEAD POWER —I— EXISTNG GAS UNE — I— EXISTING TELEPHONE UNE — X— EXISTING FENCE SECTION LINE EDGE OF UNPAVED ROAD AS PUBLIC SERVICE CO OF COLORADO ACCOUNT: R0278387 PARCEL: 105706000003 WELL PERMIT NO. 519-WCB LOT 1 " BLOCK 3 CENTER DRIVE EXISTING ROAD R.O.W. PROPOSED ROAD R.O.W. EXISTING TREE EXISTING GAS WELL EXISTING TANK BATTERY TESTHOLE NUMBER TM_6�NUMBER OF FEET (3.5 12.0) OF OVERBURDEN B NUMBER OF FEET OF GRAVEL RESOURCE SIFdI , Haw NO, 60 I I STRUCTURES m BFE "4974 FIRM (4971) SOILS CLASSIFICATION BOUNDARY MONITORING WELLS WATER WELLS PROPOSED MONITORING WELLS BASE FLOOD ELEVATIONS HOAR 150 300 CIVIL RES',URCES, LLC 323 5th STREET P.O. Box 680 FREDERICK, CO 80530 303.833.1416 W W W.CIVILRESOURCES.COM BESTWAY CONCRETE, INC. 301 CENTENNIAL DR. MILUKEN, CO 00543 970.587.7277 CONTACT: MARK JOHNSON CONVEYOR AMENDMENT TO M2002-120 REVISIONS NO. DESCRIPTION DATE DESIGNED BY: XXX DRAWN BY: XXX CHECKED BY: XXX JOB NO.: Value DWG NAME:DRMS-FIGS. DWG DATE: 00010, 2019 SCALE: AS NOTED AS NOTED EXISTING CONDITIONS/ MINING PLAN SHEET: 2 i i r_ \ /Err..0 — \' h /RU®EN & HESTER s r r 1( r sLC�4a�o/, asq \ 0/jE/C \ — _ _9„3,,V.. o i/ BERNHARDT _ _ \ (3�qq APPROXIMATE 'F.,---��'Ay9- J',/OF GAS LINE N� r TI TORN OF MIWKEN IRRIGATION DITCH NO RECORD COUNTY ROAD ROW IRRIGATION DITCH CONCRETE DITCH STRUCTURE INFO: APPROXIMATE RELOCATION OF GAS UNE PATINA GAS WELL G 100 YEAR FLOODPLAIN OMITS PARRA (TO BE RELOC6ZigPE A4 CELL 1 TO BE RECLAIMED UPLANDS 12' IRRIGATION DITCH APPROXIMATE -.RELOCATION OF GAS LINE (MINE, RELOCATE GAS LINE & BACKFILL) 55' SETBACK (ONCE GAS LINE IS RELOCATED) GAS WELL OR ZONE C VARIOUS BUILDINGS OWNED BY LAND OWNER OVERHEAD POWER (PUBLIC SERVICE OF COLORADO) WCR 25 & ROW (WELD COUNTY PUBUC WORKS) GAS ONES/FACILITY (LITTLE WALKER PROPERTIES OF COLORADO) IRRIGATION DITCH (LITTLE WALKER PROPERTIES OF COLORADO) WCR 48 & ROW (WELD COUNTY PUBLIC WORKS) BUILDINGS (TOWN OF MILLIKEN PROPERTIES) GASLINE/FACIUTY (BERNHARDT DELBERT LSR TRUST) IRRIGATION DITCH (BERNHARDT DELBERT LSR TRUST) HOUSE/BUILDING (JERRID KERN & BROOKE WAGNER) HOUSE/BUILDING (STEVEN & KAREN KIELAN) IRRIGATOR DITCH (JOHN & SHARON KELAN) WCR 23 & ROW (WELD COUNTY PUBLIC WORKS) 100 YEAR FLOODPLAIN / \\O / 55' SETBACK (ONCE GAS \-,C UNE IS ...1." -RELOCATED). pN6 - OVERHEAD pHE ELECTRIC UNE TO BE ABANDONED pV,E (PSCO) S AFFECTED LANDS: ZONE C GAS WELL CELL 2 COMPLETED WATER STORAGE CENTRAL COLORADO WATER CONSERVANCY DISTRICT IS CURRENTLY STORING WATER ONSITE DUKE CONVEYOR PROPERTY: VARIOUS OUT BUILDINGS FLOODPLAIN INFO: FLOODPLAIN INFO IS FROM FIRM FLOOD INSURANCE RATE MAP PANEL NO. 0802660750C EFFECTIVE DATE: SEPTEMBER 28, 1982 EXISTING VEGETATION: FALLOWED AGRICULTURAL LAND IRRIGATION DITCH kir SURVEY INFO: PATINA GAS WELL / I CELL 3 RECLAIMED WATER STORAGE -60 DEDICATED PUBLIC ROW 200' WEST ANNEXATION KING SURVEYORS 6511 E. Garden Drive I Windsor, Colorado 80550 phone; (9711) 686-01111 I email: inf@King0urveyors.com APPLICANT: BESTWAY CONCRETE & AGGREGATE 301 CENTENNIAL DRIVE MILLKEN, CO 80543 30' DEDICATED PUBLIC ROW 200' WEST ANNEXATION Zle NOTE: CIVIL RESOURCES, LLC. IS NOT RESPONSIBLE FOR SAFETY. IN, ON, OR ABOUT THE PROJECT SITE, NOR FOR COMPLIANCE BY THE APPROPRIATE PARTY OF ANY REGULATIONS THERETO. THESE MAPS WERE PREPARED BY CIVIL RESOURCES, LLC. IN COOPERATION WITH BESTWAY CONCRETE. BESTWAY WILL KEEP THE DIVISION OF RECLAMATION MINING AND SAFETY INFORMED OF ANY CHANGES TO THE MINING OR RECLAMATION PLANS THROUGH ANNUAL REPORTS AND FILE TECHNICAL REVISIONS AND AMENDMENT APPLICATIONS AS NECESSARY THROUGHOUT THE LIFE OF THE MINE. BERNHARDT FARMS, LC OIL/ GAS TANK SEEDING SPEC FOR UPLAND AREAS: CELL 5 RECLAIMED WATER STORAGE "DUKE (TO BE RELOCA APPROXIMATE RELOCATION OF GAS LINE CELL 4 RECLAIMED WATER STORAGE 100 YEAR FLOODPLAIN LIMITS S. LINE LEGEND: COMMON NAME (VARIETY) SCIENTIFIC NAME LBS PLS/ACRE SAND BLUESTEM SAND LOVEGRASS INDIAN RICEGRASS. PRAIRIE SANDREED GREEN NEEDLEGRASS LITTLE BLUESTEM YELLOW INDIANGRASS SWITCHGRASS SAND DROPSEED (CHAMP, CHET) (BEND, NATIVE. NE27) (NEZPAR, RIMROCK) (GOSHEN) (LODORM) (BLAZE, CIMARRON, CAMPER) (CHEYENNE, HOLT, SCOUT) (BLACKWELL. NEBRASKA 28) 2.5 3 0.75 1.5 0.75 0.5 1.5 0.5 TOTAL LBS PER ACRE: 12.0 ZONE A4 PERMIT BOUNDARY 100 YR. FLOODPLAIN EXISTING DITCH EXISTING 2' CONTOURS EXISTING OVERHEAD POWER EXISTING GAS LINE EXISTING TELEPHONE LINE EXISTING FENCE SECTION LINE EDGE OF UNPAVED ROAD MERIT GAS WELL 60.0 ROW X EXISTING ROAD R.O.W. PROPOSED ROAD R,O.W. EXISTING TREE EXISTING GAS WELL EXISTING TANK BATTERY TESTHOLE NUMBER O{_6 NUMBER OF FEET (3.57i2.0) OF OVERBURDEN S ""-NUMBER OF FEET OF GRAVEL RESOURCE ASSOCIATED NATURAL 10'x8' GAS VALVE SITE LIGATION DITCH 3 i m 03 BEE '4974 FIRM (4971) E 1/4 4 COR. 1 _� 60' ROW BES' SECTION UNE r COUNTY ROA PRESCRIPSON. RECORDS UNC OF R AR / TEL PD /✓ `TEL PD L Know What's below. Call before you dig. STRUCTURES SOILS CLASSIFICATION BOUNDARY MONITORING WELLS WATER WELLS PROPOSED MONITORING WELLS BASE FLOOD ELEVATIONS CIVIL RES'VURCES, LLC 323 5th STREET P.O. Box 680 FREDERICK, CO 80530 303.833.1416 WWW.CIVILRESOURCES.COM BESTWAY CONCRETE, INC. 301 CENTENNIAL DR. MILLIKEN, CO 80543 970.587.7277 CONTACT: MARK JOHNSON CONVEYOR AMENDMENT TO M2002-120 REVISIONS 0 DESCRIPTION DATE DESIGNED BY: XXX DRAWN BY, XXX CHECKED BY: 55X JOB NO,: Value DWG NAME:DRMS-FIGS.DWG DATE: XXX xx, 2014 SCALE: AS NOTED AS NOTED RECLAMATION PLAN SHEET: 3 May 1,2019 Clerk to the Board of Weld County Commissioners 1150 O Street P.O. Box 758 Greeley, CO 80631 RE: Conveyor Amendment -Bernhardt Mine #M-2002.120 Dear Clerk to the Board: RECEIVED MAY 0 2 2019 WELD COUNTY COMMISSIONERS As a requirement of the Division of Reclamation Mining and Safety (DRMS), the complete Conveyor Amendment-Bemhardt Mine application must be on file at the County Clerk's Office and be available for public viewing. A copy of the complete application on behalf of Bestway Concrete & Aggregates is attached. Please sign below to indicate that you have received the above - mentioned information and return this page to us by email at andy@civilresources.com. As always, thank you for your assistance. Sincerely, Civil Resources, LLC Andy Rodriguez, P.E. Project Engineer Confirmation of Receipt: I have received the above reference documents, and will put it on file for public viewing. County Clerk to the Board Date J:1Bestway-2131bemhardt\DRMS\Noticeslletter to clerk_signature reqted.doc CONVEYOR AMENDMENT-BERNHARDT M INE GRAVEL MINE DRMS 112 PERMIT SUBMITTAL M-2002-120 PREPARED FOR: Bestway Concrete & Aggregates 301 Centennial Drive Milliken, CO 80543 PREPARED BY: Civil Resources, LLC 323 5th Street P.O. Box 680 Frederick, CO 80530 303.833.1416 DATE SUBMITTED To DRMS: MAY 1, 2019 (1\H k '3)1:R( ! SI I i_ 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 CHECK ONE: There is a File Number Already Assigned to this Operation Permit # M - COLORADO DIVISION OF RECLAMATION MINING — &— SAF ETY -_ (Please reference the file number currently assigned to this operation) New Application (Rule 1.4.5) E— Conversion Application (Rule 1.11) Permit # M-2002-120 Amendment Application (Rule 1.10) (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. Auplicant/operator or company name (name to be used on permit): Bestway Concrete Company 1.1 Type of organization (corporation, partnership, etc.): 2. Operation name (pit, mine or site name): Conveyor Amendment to Bernhardt Gravel Mine 3. Permitted acreage (new or existing site): 3.1 Change in acreage (+) 3.2 Total acreage in Permit area 4. Fees: 4.1 New Application 4.2 New Quarry Application 4.4 Amendment Fee 4.5 Conversion to 112 operation (set by statute) 5. Primary commoditie(s) to be mined: sand 5.1 Incidental commoditie(s) to be mined: 1. 3. / 286.1 6.0 292.1 permitted acres acres acres $2,696.00 application fee $3,342.00 quarry application $2,229.00 amendment fee $2,696.00 conversion fee gravel top soil general fill lbs/Tons/yr 4. _ / lbs/Tons/yr 2. / lbs/Tons/vr 5. / lbs/Tons/yr lbs/Tons/yr 5.2 Anticipated end use of primary commoditie(s) to be mined: 5.3 Anticipated end use of incidental commoditie(s) to be mined: -2- 6. Name of owner of subsurface rights of affected land: Bernhardt Farms LLC If 2 or more owners, "refer to Exhibit O". 7. Name of owner of surface of affected land: Bernhardt Farms LLC 8. Type of mining operation: El Surface El Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld County PRINCIPAL MERIDIAN (check one): 6th (Colorado) ® 10th (New Mexico) El Ute SECTION (write number): S 1 TOWNSHIP (write number and check direction): T 4 ✓ North 0South RANGE (write number and check direction): R 67 ID East 1:1 West QUARTER SECTION (check one): D ® 0 E SW QUARTER/QUARTER SECTION (check one): NE 11 NW it SE SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): 0.75 miles northwest of Milliken, el: 4716 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 20 sec 12 27 (2 decimal places) Longitude (W): deg 104 min 50 sec 15 75 (2 decimal places) OR Example: (N) 39.73691° (W) -104.98449° Latitude (N) (5 decimal places) Longitude(W) (5 decimal places) OR Universal Tranverse Mercator (UTM) Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Datum (specify NAD27, NAD83 or WGS 84) WGS 84 Zone 13 Easting Northing -3- 11. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Johnson Contact's Name: Mark Company Name: Street/P.O. Box: City: State: Telephone Number: Fax Number: Bestway Concrete Company Title: VP Aggregates 301 Centennial Drive Milliken P.O. Box: Co (970 ) _ 587 7277 (970 ) _ 587 7287 Zip Code: 80543 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Andy Rodriguez Title: Project Engineer Company Name: Civil Resources, LLC Street/P.O. Box: 323 5th Street P.O. Box: 680 City: Frederick State: CO Zip Code: 80530 Telephone Number: (303 ) _ 833 1416x202 Fax Number: ( ) - INSPECTION CONTACT Contact's Name: Same As Applicant Operator Title: Company Name: Street/P.O. Box: P.O. Box: City: State: Zip Code: Telephone Number: ( ) - 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): LI Cropland(CR) - Pastureland(PL) Rangeland(RL) jForestry(FR) El Residential(RS) 17 I Recreation(RC) Developed Water Resources(WR) 13. Primary present land use (check one : Cropland(CR) `� Pastureland(PL) Rangeland(RL) Forestry(FR) BResidential(RS) Recreation(RC) Developed Water Resources(WR) ElGeneral Agriculture(GA) EWildlife Habitat(WL) Industrial/Commercial(IC) Solid Waste Disposal(WD) General Agriculture(GA) Wildlife Habitat(WL) ElIndustrial/Commercial(IC) 14. Method of Mining: Briefly explain mining method (e.g. truck/shovel): wet mine 15. On Site Processing: Crushing/Screening 13.1 Briefly explain mining method (e.g. truck/shovel): wet/dry mining with excavator and haul trucks 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). Adding proposed "Bernhardt Farms LLC Property" to existing Bernhardt Mine. Material will be hauled to existing processing area. -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)(b) Rule 6.5 Legal Description Index Map Pre -Mining and Mining Plan Map(s) of Affected Lands Mining Plan Reclamation Plan Reclamation Plan Map Water Information Wildlife Information Soils Information Vegetation Information Climate Information Reclamation Costs Other Permits and Licenses Source of Legal Right -To -Enter Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined Municipalities Within Two Miles Proof of Mailing of Notices to County Commissioners and Conservation District Proof of Filing with County Clerk or Recorder Permanent Man -Made Structures ADDENDUM 1 - Notice Requirements (sample enclosed) Geotechnical Stability Exhibit (any required sections) The instructions for preparing Exhibits A -S, Addendum 1, and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule 1.6.2(1)(b) of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required, or would like to schedule a pre -application meeting you may contact the Office at 303-866-3567. Responsibilities as a Permittee: Upon application approval and permit issuance, this application becomes a legally binding document. Therefore, there are a number of important requirements which you, as a permittee, should fully understand. These requirements are listed below. Please read and initial each requirement, in the space provided, to acknowledge that you understand your obligations. If you do not understand these obligations then please contact this Office for a full explanation. 1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; -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; 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as permittee can result; 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; 5. It is your responsibility to notify the Office of any changes in your address or phone number; 6. Upon permit issuance and prior to beginning on -site mining activity, you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information (Rule 3.1.12): a. the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c. the permit number. 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance. 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Construction Material Rules and Regulations in effect at the time the permit is issued. 9. Annually, on the anniversary date of permit issuance, you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example, a permit with the anniversary date of July 1, 1995, the annual fee is for the period of July 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your fmancial 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. -8 - Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. To the best of my knowledge, all significant, valuable and permanent man-made structure(s) in existence at the time this application is filed, and located within 200 feet of the proposed affected area have been identified in this application (Section 34-32.5-115(4)(e), C.R.S.). 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115(4)(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 day of Applicant/Operator or Company Name If Corporation Attest (Seal) Signed: Signed: Corporate Secretary or Equivalent Title: Town/City/County Clerk State of ) ) ss. County of ) The foregoing instrument was acknowledged before me this day of , by as of Notary Public My Commission expires: SIGNATURES MUST BE IN BLUE INK You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a EXHIBIT A - LEGAL DESCRIPTION This information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.1 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: LAND PARCEL DESCRIPTION TRACT 2 (AMENDED PARCEL): TRACT 2, OF PARCEL 2, BIG THOMPSON ANNEXATION TO THE TOWN OF MILLIKEN, LOCATED IN THE SOUTHEAST 1/4 OF SECTION 1, TOWNSHIP 4 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. SAID DESCRIBED PARCEL 1 CONTAINS 6.01 ACRES, MORE OR LESS (±). Bestway Concrete & Aggregates — Conveyor Amendment -Bernhardt Mine — MLRB 112 Permit Amendment Application Exhibit A -1 EXHIBIT B - INDEX MAP Please refer to the attached index map. Bestway Concrete & Aggregates —Conveyor Amendment -Bernhardt Mine — MLRB 112 Permit Amendment Application Exhibit B -1 G� CIVIL RES'�URCES, LLC BESTWAY CONCRETE CONVEYOR AMENDMENT DATE: April, 2019 FIGURE: A GENERAL LOCATION MAP EXHIBIT C - PRE -MINING AND MINING PLAN MAPS OF AFFECTED LANDS Please refer to the attached Existing Conditions Map and Mining Plan Map. Bestway Concrete & Aggregates — Conveyor Amendment -Bernhardt Mine — MLRB 112 Permit Amendment Application Exhibit C -1 DIVISION OF RECLAMATION MINING AND SAFETY PERMIT M-2002-120-AM01 BESTWAY CONCRETE, INC. BERNHARDT GRAVEL MINE AM01 WELD COUNTY, COLORADO SET #: NORTH CERTIFICATION: I HEREBY CERTIFY THAT THESE PLANS FOR THE DRMS PERMIT FOR THE - WERE PREPARED UNDER MY DIRECT SUPERVISION FOR THE OWNERS THEREOF. BY: ANDREW R. RODRIGUEZ, P.E. DATE: 04/26/19 BESTWAY CONCRETE, INC. DOES HEREBY ACCEPT AND APPROVE THESE PLANS FOR THE DRMS PERMIT. BY: AUTHORIZED REPRESENTATIVE BESTWAY CONCRETE, INC. PREPARED FOR: DATE: 04/26/29 BESTWAY CONCRETE, INC. 301 Centennial Dr, Milliken, CO 80543 970 587 7277 PREPARED BY: CIVIL RESURCES, LLC 323 5th STREET P.O. BOX 680 FREDERICK, CO 80530 303 8331416 PROJECT LOCATION MAP SCALE: 1 = 1000' m..n below Cal bam NO. REVISIONS DESCRIPTION DATE DATE: By 10/24/2016 DWG: DRMS-Rgs.tlwg SHEET: 1 W QU EIPMENT&TRUCKING ACCOUNT: 681599 PARCEL 105902000058 r WELL PERMIT NO. 781 )27 TOWN OF MILLIIS_`N ACCOUNT: R9476636 PARCEL: 105901000022 JOHN & SHARON KIELIAN ACCOUNT: 01196296 PARCEL: 105902400¢02 STEVEN & KAREN K1EQAN ACEOII,NT: R1196196 PARCEL: 105902400001 1 ]ERRID KERN & BROOKE WAGNER ACCOUNT: R4479286 PARCEL: 105902000020 V STRUCTURE INFO: VARIOUS BUILDINGS OWNED BY LAND OWNER OVERHEAD POWER (PUBLIC SERVICE OF COLORADO) WCR 25 & ROW (WELD COUNTY PUBLIC WORKS) GAS LINES/FACILITY (LITTLE WALKER PROPERTIES OF COLORADO) IRRIGATION DITCH (LITTLE WALKER PROPERTIES OF COLORADO) WCR 48 & ROW (WELD COUNTY PUBLIC WORKS) BUILDINGS (TOWN OF MILLIKEN PROPERTIES) GASLINE/FACILITY (BERNHARDT DELBERT LSR TRUST) IRRIGATION DITCH (BERNHARDT DELBERT LSR TRUST) HOUSE/BUILDING (JERRID KERN & BROOKE WAGNER) HOUSE/BUILDING (STEVEN & KAREN KIELAN) IRRIGATION DITCH (JOHN & SHARON KIELAN) WCR 23 & ROW (WELD COUNTY PUBLIC WORKS) ,41 BERNHARDT FARMS LLC. -- ACCOUNT: R9476586 - PARCEL: 105901000021 wI NNEEj 1o.: r' \ J11\_ 00 reran \\ FLOODRIAN WES AND SILT STORAGE cAs rv?r� r� 0N • - u AFFECTED LANDS: CONVEYOR PROPERTY: VARIOUS OUT BUILDINGS FLOODPLAIN INFO: FLOODPLAIN INFO IS FROM FIRM FLOOD INSURANCE RATE MAP PANEL N0. 00026607500 EFFECTIVE DATE: SEPTEMBER 28, 1982 EXISTING VEGETATION: FALLOWED AGRICULTURAL LAND WELL PERMIT NO. 60728-F CELL 3 MINED OUT j AND SWEAT WALL TEST APPROVED 6 64. BERNHARDT FARMS LLC ACCOU i ACCOUNT:T: R4202206 PARCEL: 105901100003 CONVEYOR BELT c —� te. \:: ; \/' —6 AC. AMENDED PARCEL OVERBURDEN TO BE c * '+ N STRIPPED AND BECOME SILT ( STORAGE ARM xHo ZONE C innCELL 2 MINED OUT AND SLURRY WALL TEST APPROVED BERNHARDT DELBERT LSR TRUST -ACCOUNT: 84247506 PARCEL: 105912200011 BESTWAY CONCRETE COMPANY ACCOUNT: R2461003 PARCEL: 105912149002 TOWN OF MILLIKEN ACCOUNT: R2460903 PARCEL: 105912149001 SURVEY INFO: KING SURVEYORS 650 E. Garden Drive I Windsor, Colorado 80550 phone: (970) 686-5011 I email: inf@KingSurveyors.com APPLICANT: BESTWAY CONCRETE & AGGREGATE 301 CENTENNIAL DRIVE MILLIKEN, CO 80543 WELL PERMIT NO. 60729-F WELL P NOTE: .WELT_ PERMIT Na Ft- - TOWN OF MILLIKEN ACCOUNT: 00049090 --PARCEL: 105901000043 RMIT No. 8744 - _z. T.� EMIT NO. 42443 -F -R ( \ \.. _ 'L. s� i f FILdENV41A CELL 6 NOT MINED, PARTIALLY DISTURBED TO BEGIN SLURRY WALL LEAK TEST CELL 4 PARTIALLY MINED OUT AND SLURRY WALL TEST PROVISIONALLY APPROVED TOWN OF MILLIKEN ACCOUNT: R3288404 PARCEL: 105901400001 • CDR INVESTMENTS LLC ACCOUNT: R0165201 PARCEL: 105912014005 CDR INVESTMENTS LLC ACCOUNT: R0165101 PARCEL: 105912014004 AILPORT PROPERTIES CO LL ACCOUNT: R0165001 PARCEL: 105912014003 BERNHARDT FARMS LLC ACCOUNT: R43B4586 PARCEL: 105706000004 WELL PERMIT NO. 11740 -R -R scnax 0x Lw:a>• uaos UN WELL PERMIT NO. 44082-F -� LITRE WALKER PROPERTIES OF COLORADO LLC ACCOUNT: R8400000 PARCEL: 105912001001 SEGREST-MILLIKEN ADVENTURE LLC ACCOUNT: R0165301 PARCEL: 105912014006 19+A CENTER DRIVE HIGHWAY 60 CIVIL RESOURCES, LLC. IS NOT RESPONSIBLE FOR SAFETY, IN, ON, OR ABOUT THE PROJECT SITE, NOR FOR COMPLIANCE BY THE APPROPRIATE PARTY OF ANY REGULATORS THERETO. THESE MAPS WERE PREPARED BY CIVIL RESOURCES, LLC. IN COOPERATION WITH BESTWAY CONCRETE. BESTWAY WILL KEEP THE DIVISION OF RECLAMATION MINING AND SAFETY INFORMED OF ANY CHANGES TO THE MINING OR RECLAMATION PLANS THROUGH ANNUAL REPORTS AND FILE TECHNICAL REVISIONS AND AMENDMENT APPLICATIONS AS NECESSARY THROUGHOUT THE LIFE OF THE MINE. LEGEND: STATE HIGHWAY NO. 60 (R.O.W. VARIES) -4840_ -OHE - - T- - X- PERMIT BOUNDARY 100 YR. FLOODPLAIN EXISTING DITCH EXISTING 2' CONTOURS EXISTING OVERHEAD POWER EXISTING GAS LINE EXISTING TELEPHONE LINE EXISTING FENCE SECTION LINE EDGE OF UNPAVED ROAD PUBLIC SERVICE CO OF COLORADO ACCOUNT: 60278387 PARCEL: 105706000003 WELL PERMIT NO. 519-WCB ,,—.maer— LOTixn� BLOC( 3 CENTER DRIVE EXISTING ROAD R.O.W. PROPOSED ROAD R.O.W. EXISTING TREE EXISTING GAS WELL EXISTING TANK BATTERY i, Hy NO. 60 I STRUCTURES a 03 TESTHOLE NUMBER TH_9 NUMBER OF FEET BFE '4974 (3.512.0) OF OVERBURDEN FIRM (4971) 6) `-NUMBER OF FEET OF GRAVEL RESOURCE NORTH 150 ]00 KnowxAwtsbeIo L Call before pa dig. SOILS CLASSIFICATION BOUNDARY MONITORING WELLS WATER WELLS PROPOSED MONITORING WELLS BASE FLOOD ELEVATORS CIVIL RESOURCES, LLC 323 5th STREET P.O. Box 680 FREDERICK, CO 80530 303.833.1416 WWW.CIVILRESOURCES.COM BESTWAY CONCRETE, INC. 301 CENTENNIAL DR. MILLIKEN, CO 80545 970.587.7277 CONTACT: MARK JOHNSON CONVEYOR AMENDMENT TO M2002-120 REVISIONS NOT DESCRIPTION DATE DESIGNED BY: XXX DRAWN BY: XXX_ CHECKED BY: XXX JOB NO.: Value DWG NAME:DRMS-FIGS.DWG DATE: AIR Al, za14 SCAI F. AS NOTED AS NOTED EXISTING CONDITIONS/ MINING PLAN SHEET: 2 EXHIBIT D - MINING PLAN This information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.4 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: (a) Description of the method(s) of mining to be employed in each stage of the operation as related to any surface disturbance on affected lands; The proposed permit area includes a significant deposit of sand and gravel located in the alluvium of the Big Thompson River in Weld County. The site is located southwest of the Big Thompson River, north of WCR 48 and west of WCR 25. It encompasses 6.0 acres +/-. Existing Conditions and Site Preparation: Existing Conditions The current Bernhardt Gravel Mine is actively being mined. The proposed amended property is a fallow piece of ground bounded on the north, east and west by the Bernhardt mine. Site Preparation Initial disturbance of the property will include: clearing the site of existing structures (with exception of the structures to remain), and stripping the topsoil and overburden. The parcel is too small to mine to bedrock. Mining: Cell 1— mined out, silt storage and fresh water pond Cell 2 — mined out — slurry wall approved and water currently stored Cell 3 — mined out — slurry wall approved Cell 4- partially mined — slurry wall provisionally approved Cell 5 — minimum disturbance for provisional slurry wall test Amended Area — minimum disturbance with conveyor going through — future silt storage if this area is partially mined out after conveyor is moved The operator will develop and comply with a Stormwater Management Plan and Spill, Prevention, Control and Countermeasures Plan. The operator will notify the Division of Mine Safety and Reclamation in the event of a reportable spill. Processing_ All material mined under this proposed application will be transported by conveyor or haul truck to the processing area. Import Material: Bestway Concrete & Aggregates may import material from and export material to other sites. The applicant is aware that in accordance with Rule 3.1.5(9) of the Construction Material Rules and Regulations, if any offsite material is used as backfill, a notarized Bestway Concrete & Aggregates — Conveyor Amendment -Bernhardt Mine — MLRB 112 Permit Application Exhibit D -1 letter will be submitted to the Division indicating the materials are inert. The applicant will supply such a letter to the Division if, at the time of Reclamation, the applicant intends to use off -site material as backfill. (b) Earthmoving; Topsoil and overburden will be stripped with scrapers or bulldozers and stockpiled in segregated piles at the edge of the active mine. Excavators, front-end loaders, and bulldozers will be used to excavate the material. Conveyor belts or haul trucks will be utilized to transport the raw material from the active mine phase to the processing area. Due to the smaller size of the amended parcel the site might be mined at a 3H:1V slope after the conveyor has been moved. (c) All water diversions and impoundments; and The perimeter of the mined area will be dewatered by digging a trench to bedrock. The water will be pumped into a settling pond and discharged in accordance with a CDPS permit. Wash water for the processing area will be recycled through a series of small ponds within the processing area. The water required to operate the facility will likely be provided by the existing water rights associated with the property. No ditches will be disturbed without prior authorization of the appropriate ditch company. (d) The size of area(s) to be worked at any one time. Typically 10 to 20 acres areas are disturbed during mining. (e) An approximate timetable to describe the mining operation. The timetable is for the purpose of establishing the relationship between mining and reclamation during the different phases of a mining operation. The Operator anticipates that mining will commence as soon as all permits are in place. The Operator anticipates extracting approximately 500,000 tons of aggregate per year, however, production rate may vary based on market demands. Timetable for Mining and Reclamation There is approximately 5 years of mining reserves remaining at the mine. Reclamation will begin immediately after mining is complete. When possible, concurrent reclamation practices will be used to minimize site disturbance and to limit material handling to the greatest extent possible. Please refer to the Mining Plan Map in Exhibit C for phase areas to be mined, locations and areas. (f) Use Mining Plan Map in conjunction with narrative to present: (i.) Nature, depth and thickness of the deposit and thickness and type of overburden to be removed Bestway Concrete & Aggregates — Conveyor Amendment -Bernhardt Mine — MLRB 112 Permit Application Exhibit D - 2 Exploratory borings were performed by Bestway Concrete. The bedrock depths in the proposed mine areas ranged from approximately 15 feet to 19 feet below the ground surface. (ii) Nature of the stratum immediately beneath the material to be mined in sedimentary deposits The site is located approximately 15 miles east of the foothills of the Colorado Front Range on the western flank of the Denver Structural Basin. The basin is a downwarp of sedimentary strata that tends north-northwest, parallel to the mountain front. In the project area, the sedimentary bed dips gently eastward toward the axis of the basin east of the site. Based on regional geologic mapping (Colton, 1978), the near surface bedrock in the project area is the Paleocene and Upper Cretaceous Denver and Arapahoe Formations. The bedrock is overlain by upper Pleistocene and Holocene (Quarternary age) gravel deposits and eolian (wind blown) overburden soils. The gravel deposits exist primarily within the Broadway Alluvium deposit. The bedrock unit consists mainly of claystone and may contain lenses of siltstone and sandstone. (9) Identify the primary and secondary commodities to be mined/extracted and describe the intended use. The primary commodities are sand, gravel and fill; intended for construction materials. (h) Name and describe the intended use of all expected incidental products to be mined/extracted by the proposed operation. There are no expected incidental products to be mined. (i) Specify if explosives will be used in conjunction with the mining (or reclamation) No explosive material will be used on -site. Bestway Concrete & Aggregates — Conveyor Amendment -Bernhardt Mine — MLRB 112 Permit Application Exhibit D - 3 EXHIBIT E - RECLAMATION PLAN This information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.5 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: The proposed mining and reclamation plan focuses on minimizing the ecological impacts of mining, minimizing the length of time of impact, and maximizing long-term benefits. The mine is currently: Cell 1— mined out, silt storage and fresh water pond — not reclaimed Cell 2 — mined out — slurry wall approved and water currently stored — partially reclaimed Cell 3 — mined out — slurry wall approved — actively being reclaimed Cell 4- partially mined — slurry wall provisionally approved Cell 5 — minimum disturbance for provisional slurry wall test Amended Area — minimum disturbance with conveyor going through — future silt storage if this area is partially mined out after conveyor is moved (a) A description of the type(s) of reclamation the Operator proposes to achieve in the reclamation of the affected land, why each was chosen, the amount of acreage accorded to each, and a general discussion of methods of reclamation as related to the mechanics of earthmoving; The mined area will be reclaimed to existing grade. Refer to Exhibit F for the acreages and additional details. Earthmoving The topsoil will be replaced by a scraper and generally graded with a blade. All grading will be done in a manner that controls erosion and siltation of the affected lands, to protect areas outside the affected land from slides and other damage. In addition, all backfilling and grading will be completed as soon as feasible after the mining process. All disturbed areas will be regraded and smoothed to a finished grade that is suitable for revegetation or the final land use. As noted previously, the area will be reclaimed as mining commences. Finish grading, topsoil placement and seeding will occur once the resource is completely removed. A typical cross-section of the shoreline is included on the Reclamation Plan Map. (b) A comparison of the proposed post -mining land use to other land uses in the vicinity and to adopted state and local land use plans and programs. Once returned to existing (pre -mined) grade, the site can return to being farmed. The water storage reservoirs will be compatible with the other land uses in the vicinity, which includes farmland, industrial land, and rural residential. (c) A description of how the Reclamation Plan will be implemented to meet each applicable requirement of Section 3.1. Bestway Concrete & Aggregates — Conveyor Amendment -Bernhardt Mine — MLRB 112 Permit Application Exhibit E -1 The Operator will carry reclamation to completion with reasonable diligence. Reclamation will be completed within one to two years from completion of mining, but not more than five years from the date the Operator informs the Board or Office that such phase has commenced. Section 3.1.5 Reclamation Measures Material Handling Grading will be performed to help control erosion and siltation of the affected lands through phased mining, implementing good operation techniques to handle material as little as possible, and vegetation of stockpiles remaining in place for more than one growing season. Although the use of erosion protection devices is not anticipated, if deemed necessary by the operator at the time of excavation, silt fence and haybale dams will be installed to prevent erosion. Backfilling and grading will be completed as soon as feasible after the mining process is complete. Maximum slopes and slope combinations will be compatible with the configuration of surrounding conditions and selected land use. Mining will occur at a slope that is stable. The site will be reclaimed to grades consistent with pre -mining elevations. The operator will backfill using fill material generated on -site, or imported inert fill generated outside the permit area. If any inert off -site material is used as backfill, a notarized letter will be submitted to the Division as required by Section 3.1.5(9) of the MLRB Construction Material Rules and Regulations. It is not anticipated that mining will uncover any refuse or acid-forming or toxic producing materials, however if any such materials are encountered the operator will take precaution to handle the materials in a manner that will control unsightliness and protect the drainage system. Drill or auger holes that are part of the mining operation shall be plugged with non- combustible material, which shall prevent harmful or polluting drainage. Any test pits, soils boring holes, or monitoring wells not located within the mine excavation limits will be plugged as soon as it can be confirmed that they are no longer needed for the operation. Mined material to be disposed of within the affected area will be handled in such a manner so as to prevent any unauthorized release of pollutants to the surface drainage system. No unauthorized release of pollutants to groundwater shall occur from any materials mined, handled or disposed of within the permit area. Section 3.1.6 Water -General Requirements The Operator will comply with applicable Colorado water laws governing injury to existing water rights and with applicable state and federal water quality and dredge and fill laws and regulations. The operator will develop and comply with a stormwater management plan and will use best management practices (BMPs) to ensure groundwater and surface water are protected to the greatest possible extent. BMPs include schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the pollution in runoff from the site. Bestway Concrete & Aggregates — Conveyor Amendment -Bernhardt Mine — MLRB 112 Permit Application Exhibit E - 2 Section 3.1.7 Groundwater - Specific Requirements The Operator will comply with the applicable standards and conditions for classified and unclassified groundwater. Section 3.1.8 Wildlife: The mining and reclamation plans have been designed to account for the safety and protection of wildlife on the mine site. The Operator will use concurrent reclamation methods to minimize the impact on wildlife. The proposed reclamation plan may improve wildlife habitat. The proposed seed mix and plantings will create improved cover, foraging, roosting, and nesting areas for wildlife. The water area within the reservoir will serve as habitat for waterfowl and other bird species and the fringes of the reservoir will be used by mammal, bird, reptile and amphibian species. Control and/or removal of noxious and weedy species during the project and the replacement of desirable graminoid, forb, shrub and tree species during reclamation will result in enhancement of wildlife habitat on the project site. Section 3.1.9 Topsoiling Topsoil shall be removed and segregated from other spoil. Topsoil stockpiles shall be stored in places and configurations to minimize erosion and located in areas where disturbance by ongoing mining operations will be minimized. Once stockpiled, topsoil shall be rehandled as little as possible. Stockpiles that will remain in place for more than one growing season will receive vegetative cover, as outlined on the Reclamation Plan Map, as soon as possible to minimize erosion. Section 3.1.10 Revegetatiorr. In those areas where revegetation is part of the reclamation plan, the land shall be revegetated in a manner that establishes a diverse, effective, and long-lasting vegetative cover that is capable of self -regeneration without continued dependence on irrigation or fertilizer and is at least equal in extent of cover to the natural vegetation of the surrounding area. The proposed seed -mix and plantings for reclamation are outlined on the Reclamation Plan included in Exhibit F of this application. Section 3.1.11 Buildings and Structures Please refer to the enclosed Reclamation Plan included in Exhibit F. Section 3.1.12 Signs and Markers The Operator will post appropriate signage at the entrance to the mine site. The permit area will be marked by existing fencing, or proximity to existing County roads. (d) Plans for topsoil segregation, preservation and replacement; for stabilization, compaction and grading of spoil; and for revegetation. Topsoil will be removed and segregated from other spoil. Topsoil not needed for reclamation may be sold or removed from the site. For reclamation, topsoil will be replaced by a scraper and generally graded with a blade. Grading shall be done in a manner that controls erosion and siltation of the affected land and protects areas outside the affected land from slides and other damage. In addition, backfilling and grading shall be completed as soon as feasible after the mining process. Final grading will create a final topography that is appropriate for the final land use. For example, grades on the site will be returned to existing (pre -mining) grade. Topsoil will be Bestway Concrete & Aggregates — Conveyor Amendment -Bernhardt Mine — MLRB 112 Permit Application Exhibit E - 3 uniformly placed and spread on areas disturbed by the mining. The minimum thickness shall be 6 inches above the surrounding finished grade, consistent with existing topsoil depths on -site. The topsoil shall be keyed to the underlying and surrounding material by the use of harrows, rollers or other equipment suitable for the purpose. In those areas where revegetation is part of the reclamation plan, the Operator will revegetate the land in such a manner so as to establish a diverse, effective, and long- lasting vegetative cover that is capable of self -regeneration without continued dependence on irrigation or fertilizer and is at least equal in extent of cover to the natural vegetation of the surrounding area. Seed will be drilled and mulched. The revegetation seeding and plant list on the Reclamation Plan Map contains the preferred species of grasses, shrubs and trees to be planted. Seeding will take place once final grading and replacement of topsoil have been completed. Timing of seeding will be consistent with standard horticultural practice for dryland applications - generally between late September and the middle of April to ensure there is adequate moisture for germination. (e) A plan or schedule indicating how and when reclamation will be implemented. Include: i. An estimate of the periods of time which will be required for the various stages or phases of reclamation. Please refer to the Timetable for Mining and Reclamation in Section (e) of Exhibit D. ii. A description of the size and location of each area to be reclaimed during each phase. Please refer to the Reclamation Plan Map (Exhibit F). iii. Outlining the sequence in which each stage or phase of reclamation will be carried out. Please refer to the Timetable for Mining and Reclamation in Section (e) of Exhibit D. (0 A description of: i. Final grading - maximum anticipated slope gradient or expected ranges thereof; The finished slopes of the reservoir will be 3 horizontal to 1 vertical. Any area reclaimed to native grade will match natural topography. ii. Seeding - types, mixtures, quantities and time of application; Please refer to the Reclamation Plan Map for the list of plant materials and seeds to be utilized. The operator will seed during the appropriate season to ensure adequate moisture for germination and implement weed controls to allow the grasses to successfully establish. Additional plantings may be installed once the reservoirs are full of water and the grasses are established. Bestway Concrete & Aggregates — Conveyor Amendment -Bernhardt Mine — MLRB 112 Permit Application Exhibit E - 4 iii Fertilization —types, mixtures, quantities, and time of application; The type and application rate of fertilizer shall be determined based on a soil test at the time of final reclamation. iv. Revegetation — types of trees, shrubs, etc.; and Please refer to the Reclamation and Landscape Plan Maps for the types, quantities and location of trees and shrubs to be planted. v. Topsoiling — specify anticipated minimum depth or range of depths for those areas where topsoil will be replaced. Topsoil will be uniformly placed and spread on all areas disturbed by the mining above the anticipated high water line. The minimum thickness shall be 6 inches above the surrounding finished grade. WEED MANAGEMENT PLAN Bestway Concrete & Aggregates has a full-time weed manager on staff. This person is responsible for monitoring and controlling noxious weeds as they appear. Bestway Concrete typically prefers to control weeds mechanically, by mowing and/or discing. If necessary, weeds will be killed with a contact herbicide. Bestway Concrete has all of the necessary equipment in house to perform these tasks. Bestway Concrete & Aggregates — Conveyor Amendment -Bernhardt Mine — MLRB 112 Permit Application Exhibit E - 5 EXHIBIT F- RECLAMATION PLAN MAP Please refer to the attached Reclamation Plan Map. Bestway Concrete & Aggregates — Conveyor Amendment -Bernhardt Mine — MLRB 112 Permit Application Exhibit F -1 VARIOUS BUILDINGS OWNED BY LAND OWNER OVERHEAD POWER (PUBLIC SERVICE OF COLORADO) WCR 25 & ROW (WELD COUNTY PUBLIC WORKS) GAS LINES/FACILITY (LITTLE WALKER PROPERTIES OF COLORADO) IRRIGATION DITCH (LITTLE WALKER PROPERTIES OF COLORADO) WCR 48 & ROW (WELD COUNTY PUBLIC WORKS) BUILDINGS (TOWN OF MILLIKEN PROPERTIES) GASLINE/FACILITY (BERNHARDT DELBERT LSR TRUST) IRRIGATION DITCH (BERNHARDT DELBERT L5R TRUST) HOUSE/BUILDING (JERRID KERN & BROOKE WAGNER) HOUSE/BUILDING (STEVEN & KAREN KIELAN) IRRIGATION DITCH (JOHN & SHARON KIELAN) WCR 23 & ROW (WELD COUNTY PUBLIC WORKS) KING SURVEYORS 6511 E. Garden Drive I \Y'indsor. Colorado 80590 phone: (970) 686-5011 I email: info@IOngSurveporaenm APPLICANT: BERNHARDT N APPROXIMATE / FiEUICA22 OF GAS LINE CELL 2 COMPLETED WATER STORAGE CENTRAL COLORADO WATER CONSERVANCY DISTRICT IS CURRENTLY STORING WATER ONSITE FLOODPLAIN INFO IS FROM FIRM FLOOD INSURANCE RATE MAP PANEL NO. 0802660750C EFFECTIVE DATE SEPTEMBER 28, 1982 CELL 3 RECLAIMED WATER STORAGE CIVIL RESOURCES, LLC. IS NOT RESPONSIBLE FOR SAFETY, IN, ON, OR ABOUT THE PROJECT SITE, NOR FOR COMPLIANCE BY THE APPROPRIATE PARTY OF ANY REGULATIONS THERETO. THESE MAPS WERE PREPARED BY CIVIL RESOURCES, LLC. IN COOPERATION WITH BESTWAY CONCRETE. BESTWAY WILL KEEP THE DIVISION OF RECLAMATION MINING AND SAFETY INFORMED OF ANY CHANGES TO THE MINING OR RECLAMATION PLANS THROUGH ANNUAL REPORTS AND FILE TECHNICAL REVISIONS AND AMENDMENT APPLICATIONS AS NECESSARY THROUGHOUT THE LIFE OF THE MINE. PATINA/ HANSEN GAS LL PERMIT BOUNDARY 100 YR. FLOODPLAIN - EXISTING DITCH EXISTING 2' CONTOURS EXISTING OVERHEAD POWER EXISTING GAS LINE EXISTING TELEPHONE LINE EXISTING FENCE SECTION LINE EDGE OF UNPAVED ROAD EXHIBIT G - WATER INFORMATION This information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.7 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: (a) Locate on the map (Exhibit C) tributary water courses, wells, springs, stock water ponds, reservoirs and ditches The Big Thompson River is less than 100 feet to the northeast. Please refer to Exhibit C for locations of water courses, ditches and well permit in close proximity to the site, including wells, springs, stock water ponds, reservoirs and ditches. (b) Identify all known aquifers The Site is underlain by the Big Thompson River alluvial aquifer. (c) Show how water from dewatering operations or runoff from disturbed areas, piled material and operating surfaces will be managed to protect against pollution of either surface or groundwater both during and after the operation. Please refer to the Mining Plan Map in Exhibit C of this application. Mine areas will drain internally. Uncontrolled releases of surface water in disturbed areas will not occur. Stormwater collected in the active mine area will be managed through the dewatering system. (d) Estimate project water requirements including flow rates and annual volumes for the development, mining and reclamation phases of the project. Projected Use And Consumption: Groundwater will fill settling ponds, which in turn will be used for washing aggregate and dust control. Evaporation will be available from approximately 4.5 acres of exposed water surface contained within the settling ponds and dewatering trenches. The gross annual evaporation at the Bernhardt Mine is approximately 44 inches according to NOAA Technical Report NWS 33, Evaporation Atlas for the Contiguous 48 United States, Map 3. Monthly evaporative losses are determined using percentages specified by the State Engineer's Office for locations below 6,500 feet, Precipitation and temperature data was obtained from the Longmont weather station, (http://ccc.atmos.colostate.edu). The average precipitation at the Longmont station is 13.27 inches per year. Effective precipitation is that part of the historical precipitation which was consumed by vegetation and crops on the land to be covered by a water surface and is estimated to be 70 percent of the total precipitation. Subtracting the effective precipitation from the gross evaporation yields an annual net evaporation of 34.57 inches, or 13.82 acre- feet per year for the 4.5 acres of water surface. This includes the fresh water pond in the northwest part of the site and some minor dewatering trenches and sump areas in Pond 4. Bestway is completing mining in Pond 3 and plans to move into Pond 4. A provisional leak test has been approved on Pond 4 in August of 2018. Therefore aggregate production does Bestway Concrete & Aggregates — Conveyor Amendment -Bernhardt Mine — MLRB 112 Permit Application Exhibit G -1 not generate depletions. An estimated 2.2 acre-feet of dust suppression water will be applied annually. Mining Production & Operations: Bestway Concrete & Aggregates expects to extract a maximum of 500,000 tons annually of aggregate material from the site. The remaining mining areas are all inside approved slurry walls or pending approval of slurry walls and will not consume groundwater retained in product. (e) Indicate the projected amounts of the water sources to supply project water requirements Replacement Water: The source of replacement water for depletions will be long term lease between Bestway Concrete & Aggregates and Central Colorado Water Conservancy District. The State Engineer must approve a SWSP every year. These approvals require that the applicant provide a detailed explanation of the mining operations, a quantification of all mining activities and subsequent depletions and all legally available replacement sources. (0 Affirmatively state that the Applicant has acquired or applied for a National Pollutant Discharge Elimination System permit from the Water Quality Control Division The Operator will apply for a National Pollutant Discharge Elimination System (NPDES) permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment prior to discharging water from the site. Bestway Concrete & Aggregates — Conveyor Amendment -Bernhardt Mine — MLRB 112 Permit Application Exhibit G - 2 EXHIBIT H - WILDLIFE INFORMATION The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.8 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: (1) The Operator/Applicant shall include in this Exhibit, a description of the game and non game resources on and in the vicinity of the application area, including; a) A description of the significant wildlife resources on the affected land; The entire site is bordered to the north, west and east by fallow farm land and the river and the south a wastewater treatment plant. The area is currently fallow land. There is no significant wildlife habitat. b) c) d) Seasonal use of the area; There are no seasonal uses of the area. Threatened or endangered species; There is no evidence of threaten or endangered species. A follow study of the area is attached to this Exhibit. General effect during and after the proposed operation on the existing wildlife of the area; The effect will be insignificant as the surrounding areas are gravel mined or industrial and the reclaimed use will be fallow ground or dryland crops. Bestway Concrete & Aggregates — Conveyor Amendment -Bernhardt Mine — MLRB 112 Permit Amendment Application Exhibit H -1 Savage and Savage Environmental practical solutions for environmental issues 4610 Haystack Drive Windsor, Colorado 80550 April 9, 2019 970 674 8080 telephone 970 674 8088 facsimile savageandsavage@earthlink.net Alison Michael U.S. Fish and Wildlife Service P.O. Box 25486, DFC (MS 65412) Denver, Colorado 80225 RE: Concurrence Request for Preble's Meadow Jumping Mouse Habitat Disqualification — Bestway, Bernhardt Site, Milliken, Colorado Ms. Michael: The Colorado Division of Reclamation, Mining and Safety (DRMS) has requested a Preble's meadow jumping mouse habitat evaluation for two areas at the Bestway Bernhardt mineral extraction site. The habitat evaluation is being conducted in conjunction with the Bernhardt site DRMS permit # M2002-120, Amendment 1. The amendment will add a six acre parcel located north of the Milliken Wastewater Treatment Plant to the mining permit area (Figures 1 &2, Mining/Amendment Plans). The Bernhardt site is situated between the Big Thompson River and Colorado Highway 56 within the Town of Milliken, Colorado. It is located within the 51/2 of Section 1, Township 4 North, Range 67 West of the Sixth Prime Meridian in Weld County, Colorado. The latitude and longitude of the center of the Bernhardt Resource site are 40°20'14" North and 104°50'20" West. Peter Plage (formerly with the U.S. Fish and Wildlife Service (USFWS), Colorado Field Office) visited the site in the summer of 2006 and recommended our firm submit a clearance request for Area 3. He concluded Area 3 did not contain suitable mouse habitat due to lack of vegetation cover and stratification. Mr. Plage also concurred at the site that Areas 1, 2, 3A, 4, 5, and 5a were, by definition, disqualified as mouse habitat as these areas were in row crops (corn). A habitat disqualification for the Preble's meadow jumping mouse was submitted to the USFWS dated June 23, 2006 and a clearance letter was received from USFWS dated August 2, 2006. BERNHARDT SITE VISIT: 2019 Savage and Savage biologists revisited the Bernhardt site on April 9, 2019. The areas evaluated included the Amendment Area comprising approximately six acres located immediately north of the Milliken Wastewater Treatment Plant, south of the Big Thompson River; and Area 5 and 5a containing approximately 34 acres located in the northeast corner of the site, north of the Big Thompson River (Figures 3-6, Photographs of Amendment Area and Area 5 and 5a). AMENDMENT AREA The Amendment Area is similar in topography and vegetation to the prior evaluated and disqualified Area 3. Both have relic oxbow alluvial features with native and introduced grasses and ruderal species. Both areas lack stratified vegetation with a robust grass and forb community typical of Preble's meadow jumping mouse habitat. Preble's habitat typically consists of areas with thick vegetation and a shrub component that provides food and cover. Since the Amendment Area in many ways is an extension of the vegetation type and structure of Area 3, we concluded that the Amendment Area does not constitute potential habitat for the Preble's meadow jumping mouse. AREA 5 and 5a During our on -site investigation we observed that Area 5 and 5a contained corn stubble from last year's crop of corn and appears as it did when we investigated the site in 2006 with one exception. A small area (estimated at one acre) has been excavated and material stockpiled around the area perimeter. As Area 5 and 5a is in row crops, we concluded that it would be categorically disqualified as potential Preble's habitat. There were no changes or improvements to the areas investigated with the exception of that noted in Area 5 and 5a. After a review of the USFWS Environmental Conservation Online System on April 9, 2019, there appear to be no new listed species for this project area. Our conclusion from the' most recent site investigation on April 9, 2019 for the Amendment Area and Area 5 and 5a found no potential habitat for the Preble's meadow jumping mouse based on the lack of suitable vegetation stratification and lifeform composition consistent with the USFWS guideline descriptions for potential Preble's habitat. Sincerely, 64-N)c,sc-- Edith Savage Principal , 7.7,77,7757.7 ers.°7.777775. .srri�e '. 4747, sr*ww c LP 7777 7.7 AMT.. Wca-.uzxa s¢ea-w MC. 777 .4745, 7777 wen.ou+ »rr47.7.1+7r .571477774, I...* 760,717,776.7077� 7 7Y7 6*O7 .77.7757, .417 74.7 7 h2 MAY 7 . 7. kV LF ^ 6T 7,7 .77.17.1, .t 17!771, Pa. OF MI .7.7.471 MLRBII2 PERMIT BERNHARDT RESOURCE MINING PLAN versa .. I. WI 167 77772,it, 7474 ,e 747 .457.7. ver ^5 777,75.ec rco at ual6 an awac5 MAT. vo qua 44.V wra MN a rasa swe.n n°'�» ` OW, .r47.�� usrs„741:47744147,57,74,51 7,u54.7.7 i4rn: nu 7,a. 4 ax.. 7.5 nrx. rrs. ,«< ft 2 OF 4 / 1 oot7rez, l^ PIPE 55'+ SETBA 55' -' Ir, SETBACK etAi 50 SETBACK 55' SETBACK rttar s t ' /J iLL. 1'.' AREA = 20 ACRES+/- POTEAITIAL 0I V ERSI OKI STRUCTURE . pp 44dprlaap O 20 SETBACK PROCESSI NG AREA (II AGRE5+/-)GO DEDICATED PUBLIC ROW 200 WEST AAAIEXATIOAI _rte/ a a OA DISGA#AR 5E POI AtT 50TBAGKJYy-''"-�-.' ..„..;;;10,60T:3 ..ap !% (-ap�4p 0coppC1 50 SETBACK DILATED P.0W T IOAI N - APPROXIMATE LOGATIOU OF DITCH • GROSSIAI6 6O r CAWS"( OQ CROSSIAK, APPROXIMATE LOGATIOAI OF FUTURE DI VERSIOAI STRUCTURE/ DISC.HAR&E POINT 1f ) '.Ic IMrL. WELL AREA = 29 ACRES+/ - (INCLUDES PROCESSING, AREA) APPROXIMATE LOGATIOR OF FUTURE DIVER5IOM OF DISCHARGE • :` OiA1T � 4\ SLURRY I •4 I. WALL O AREA = �irn x. II ACRES+/ - r A4AA:' ,tIJ ,:./4•24 WI.I I 50 SETBACK 20' ,L/ • ....j I/ I`+ N fR 114M,{ 1OO YEAR FIDODPIAIAI LIMITS FOR DEVELAPMFJJT SECON PROLE ARI (5 ACRE APPROXIMATE OF FUTURE D1' i STRUCTURE/DI POUIT 815 TO°Pli Q / SLURG WALL Amendment Area Panorama from East to West toward the South April 9, 2019 Area 5 and 5a Panorama from West to North April 9, 2019 Vegetation and Topography Characteristics of the Amendment Area April 9, 2019 Vegetation and Topography Characteristics of the Area 5 and 5a April 9, 2019 EXHIBIT I - SOILS INFORMATION The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.9 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: (1) In consultation with the Soil Conservation Service or other qualified person, indicate on a map (in Exhibit C) or by a statement the general type, thickness and distribution of soil over affected land. The soil types on the site are shown on the attached Soil Map, Conveyor Amendment - Bernhardt Mine for a description of the soil type on site. Bestway Concrete & Aggregates — Conveyor Amendment-Bemhardt Mine — MLRB 112 Permit Amendment Application Exhibit I -1 40° 20' 17 N 40° 20' 8" N 513560 513600 513640 Soil Map —Weld County, Colorado, Southern Part 513680 513720 513760 513800 513840 513880 513920 513980 S Map Scale: 1:2,030 if printed on A landscape (11" x 8.5") sheet. N 0 30 60 120 Feet 0 50100 200300 Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 13N WGS84 Meters 180 S 40° 20' 17" N 40° 20' 8" N USDA Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 3/25/2019 Page 1 of 3 Soil Map —Weld County, Colorado, Southern Part MAP LEGEND Area of Interest (AO!) Area of Interest (AO!) Soils D Special Point Features tv Blowout 416 O • O Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Borrow Pit Clay Spot Closed Depression Gravel Pit Gravelly Spot Landfill Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot f Spoil Area 6 Stony Spot Very Stony Spot Wet Spot Other Special Line Features Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography MAP INFORMATION The soil surveys that comprise your AOI were mapped at 1:24,000. Warning: 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 line 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 Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Weld County, Colorado, Southern Part Survey Area Data: Version 17, Sep 10, 2018 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Sep 20, 2015 —Oct 21, 2017 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. USDA Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 3/25/2019 Page 2 of 3 Soil Map —Weld County, Colorado, Southern Part Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOl 3 Aquolls and Aquents, gravelly substratum 20.4 94.1% 39 Nunn loam, 0 to 1 percent slopes 1.1 4.9% 85 Water 0.2 1.1% Totals for Area of Interest 21.7 100.0% USDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 3/25/2019 Page 3 of 3 EXHIBIT J - VEGETATION INFORMATION The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.10 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: (a) Description of present vegetation types including estimates of cover and height of principal species in each life -form represented; The current site is covered by native dryland grasses. (b) Relationship of present vegetation to soil types; The dryland and native grasses are compatible with the current soil type. (c) Estimates of annual production and carrying capacity if the choice for reclamation is for range or agriculture. The area is proposed to be reclaimed as fallow ground or dryland crops as there are no native water rights. Bestway Concrete & Aggregates — Conveyor Amendment -Bernhardt Mine — MLRB 112 Permit Amendment Application Exhibit J -1 EXHIBIT K - CLIMATE INFORMATION The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.11 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: Provide a description of the significant climatological factors for the locality. This property is in a semi -arid continental climate strongly influenced by the Rocky Mountains. The area is usually warm in the summer with frequent hot days. In winter, periods of very cold weather are caused by arctic air moving in from the north or northwest. Milder periods occur when westerly winds are warmed as they move down slope off of the mountains to the east. Weather monitoring data is not available from the site. The nearest weather monitoring station is at Longmont, Colorado. Data is collected from the Western Regional Climate Center. The table below lists the mean monthly temperature, and average total precipitation on a monthly and annual basis for the period of record from approximately 19950 to 2000. Most of the precipitation occurs as rainfall during the warmer part of the year with the heaviest rainfalls in the late spring and early summer. Winter snowfall is frequent but the snow cover usually melts quickly during the milder periods. Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual Mean Monthly Temperature (F) 27.2 29.5 35.8 47.1 54.6 64.5 72.5 71.4 61.0 50.8 36.2 30.0 Average Total Precipitation (in.) 0.43 0.36 1.10 1.60 2.51 1.68 1.11 1.24 1.24 0.85 0.68 0.47 13.27 Bestway Concrete & Aggregates — Conveyor Amendment -Bernhardt Mine — MLRB 112 Permit Application Exhibit K -1 EXHIBIT L - RECLAMATION COSTS The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.12 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: The site would be 100% mined and 100% reclaimed. Mining will be complete for this site with mining occurring with the final slope (1 H:1 V). The mined volume would be replaced with inert fill. This site will require final grading, topsoil placement, seed and mulch. Please refer to the attached table for estimates of quantities and associated costs. Bestway Concrete & Aggregates — Conveyor Amendment -Bernhardt Mine — MLRB 112 Permit Application Exhibit L -1 EXHIBIT L - RECLAMATION COST Activity Quantity Units Unit Costs Cost A. Phase 1 - 100% mined (settling pond) 1 Backfill Settling Pond (5 acres/10 feet deep) 81,000 CY $ 3.00 $ 243,000.00 Subtotal $ 243,000.00 B. Processing area. Processing equipment is portable and would be 1 Move serge piles into settling pond 1,000 CY $ 0.75 $ 750.00 2 Remove concrete pad for wash plant 15 CY $ 65.00 $ 975.00 3 Demolish and remove shop • 1 LS $ 2,000.00 $ 2,000.00 4 Remove concrete footings for office 8 CY $ 65.00 $ 520.00 5 Remove concrete base for scale 10 CY $ 65.00 $ 650.00 6 Scarify ground 11 Acres $ 150.00 $ 1,650.00 7 Spread 12" topsoil 17,747 CY $ 0.75 $ 13,310.25 8 Seed and Mulch 2 Acres $ 800.00 $ 1,600.00 9 Remove Conveyor Belt & Reclaim 1 LS $15,000.00 $ 15,000.00 Subtotal $ 36,455.25 C. Settling Pond and Perimeter Seeding, including Amended Area 1 Seed (all perimeters including 30 foot buffer and amended area) 30.00 Acres $ 400.00 $ 12,000.00 Subtotal $ 12,000:00 D. Slurry Wall @ 100% Installation Cost ($5 per SF) per DMG Bonding Requirement. Assume 5086 LF * 40 average depth (including 3' key into bedrock) Cell 5 Only (Cell 2, 3 & 4 are all approved sluury walls) 203,440 SF $ 4.70 $ 956,168.00 Subtotal $ 956,168.00 Total Disturbance Costs $ 1,247,623.25 Contractor Mobilization (8%) $ 99,809.86 Overhead (18.5%) $ 230,810.30 Administration (5%) $ 78,912.17 Total Disturbance Costs $ 1,247,62325 Indirect Costs Overhead & Profit Performance Bond (2.02%) - Based on DRMS estimate $ 25,201.99 Performance Bond (3.07%) - Based on DRMS estimate $ 13,100.04 Job Superintendent (240 hours @ $75/hr) - Based on DRMS estimate $ 18,000.00 Contractor Mob and DeMob (3%) - Based on DRMS estimate $ 37,428.70 Contractor Overhead and Profit (10%) - Based on DRMS estimate $ 124,762.33 Subtotal $ 218,493.06 Contract Amount (direct + O & P) $ 1,466,116.31: Legal,, Engineering'& Project Management Financial warranty processing (legal/related costs) ($500) $ 500.00 Engineering Work and/or contract/bid preparation (4.25%) $ 62,309.94 Reclamation management and/or administration (5%) - Based on DRMS estimate $ 73,305.82 Contingency (3%) $ 37,428.70 Subtotal $ 173,544.46 Total Indirect Costs $ 392,037.51' (Total Bond Amount $ 1,639,660.76 I EXHIBIT M - OTHER PERMITS AND LICENSES The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.13 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: The Operator has all appropriate permits: Bestway Concrete & Aggregates — Conveyor Amendment -Bernhardt Mine — MLRB 112 Permit Application Exhibit M -1 EXHIBIT N - SOURCE OF LEGAL RIGHT TO ENTER This information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.7 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations. Please refer to the attached legal right -to -enter documents. Bestway Concrete & Aggregates — Conveyor Amendment -Bernhardt Mine — MLRB 112 Permit Application Exhibit N -1 April 26, 2019 Bestway Concrete & Aggregates 301 Centennial Drive Milliken, CO 80543 RE: Legal Right to Enter To Whom it May Concern: In exchange for good and valuable consideration, Bemhardt Farms, LLC hereby grants to Bestway Concrete & Aggregates the right to enter into the real property situated in Section 19, Township 6 North, Range 67 West West of the 6th P.M., County of Weld, State of Colorado. Refer to Exhibit for legal description. You and your officers, employees, contractors, and agents have permission to enter upon the Property for all purposes, including the exploration for gravel, sand and aggregate. We hereby confirm that you have authority and right to execute all documents required to apply for and obtain permits and the like to mine gravel, sand and aggregate and access the property to the south of the Lee Property. Following permitting, Bestway Sand & Gravel Aggregates agrees to enter into a Sand, Gravel, and Aggregate Mining Lease to remain in effect until mining activity ceases. The permission granted by this letter shall be effective immediately, and shall remain in effect until superseded by a Sand, Gravel and Aggregate Mining Lease or until 2025whichever comes first. r; Bernhardt Farms, LLC By: ate,( 1.�rhkei k.ult Print Name STATE OF COUNTY OF ) ss. The foregoing instrument was acknowledged before me on It /Z ..7/9, by _ s of P,� ��'rla�� Witness my hand and seal. My commission expires: le /7/77 . Notary Public MADALINE KNIPP Notary Public State of Colorado Notary ID # 20054037804 My Commission Expires 06-07-2021 EXHIBIT - LEGAL DESCRIPTION OF LEGAL RIGHT TO ENTER LANDS Property Description: LAND PARCEL DESCTRIPTION WIN PT W2W2 19-6-67 (HALL 4TH ANNEX) LOT B REC EXEMPT RE -1199 (.8R3.28S) WELD COUNTY ACCOUNT: R0191989 PARCEL: 080719000050 EXHIBIT O - OWNERS OF RECORD OF AFFECTED LAND (SURFACE AREA) AND OWNERS OF SUBSTANCE TO BE MINED The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.15 of the Colorado Mined Land Reclamation Board Construction Material Rules and regulations: Owners of Surface Area and Owners of Substance to be mined The property and the substance to be mined are owned by Bernhardt Farm, LLC The following are Mineral Owners: Bernhardt Farms, LLC Bestway Concrete & Aggregates — Conveyor Amendment -Bernhardt Mine — MLRB 112 Permit Amendment Application Exhibit 0 -1 EXHIBIT P - MUNICIPALITIES WITHIN TWO MILES The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.16 of the Colorado Mined Land Reclamation Board Construction Material Rules and regulations: List any municipalities within two miles of the proposed mining operation and address of the general office: Town of Milliken 1101 Broad Street Milliken, CO 80543 Bestway Concrete & Aggregates —Conveyor Amendment -Bernhardt Mine — MLRB 112 Permit Amendment Application Exhibit P -1 EXHIBIT Q - PROOF OF MAILING OF NOTICES TO COUNTY COMMISSIONERS AND CONSERVATION DISTRICT The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.17 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: Bestway Concrete & Aggregates — Conveyor Amendment -Bernhardt Mine — MLRB 112 Permit Amendment Application Exhibit Q -1 EXHIBIT R - PROOF OF FILING WITH COUNTY CLERK OR RECORDER The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.18 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations. Bestway Concrete & Aggregates — Conveyor Amendment -Bernhardt Mine — MLRB 112 Permit Amendment Application Exhibit R -1 EXHIBIT S - PERMANENT MAN-MADE STRUCTURES The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.19 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations. Where mining will adversely affect the stability of any significant, valuable or permanent man-made structure located within 200 feet of affected land, the applicant may either: a) Provide a notarized agreement between the applicant and the person(s) having an interest in the structure, that the applicant is to provide compensation for any damage to the structure; or b) 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 the structure is a utility, the Applicant may supply a notarized letter stating that the mining and reclamation as proposed will have no negative effect on their utility. The known, permanent, man-made structures within 200 feet of the proposed mine areas are listed as follows: o Various Buildings (Land Owner) o Overhead Power (N -S just east of site) (Public Service of Colorado) o Gas Tank, Lines, Irrigation Ditch (Little Walker Properties of Colo LLC) o WCR 48 (Weld County Public Works/Milliken) o Buildings (Town of Milliken) o Gas Tanks, Lines, Irrigation Ditch (Bernhardt Delbert LSR Trust) o House/Bldg (Jerrid Kern & Brooke Wagner) o House/Bldg (Steven & Karen Kielan) o Irrigation Ditch (John & Sharon Kielan) o Building/House (Town of Milliken) o WCR 23 (Weld County Public Works/Milliken) o WCR 25 (Weld County Public Works/Milliken) Bestway Concrete & Aggregates — Conveyor Amendment -Bernhardt Mine — MLRB 112 Permit Amendment Application Exhibit S -1 CIVIL RES"AURCES, LLC ENGINEERS & PLANNERS MEMORANDUM TO: Project File FROM: Civil Resources, LLC DATE: May 1, 2019 RE: Bernhardt Gravel Mine, M2002-120 AM01 - Amended 6 Acre Parcel Pertaining to Slope Stability) This memo summarizes the slope stability in reference to the amended 6 -acre parcel that contains the conveyor belt. The miner might consider mining the parcel at 3H:1V side slopes for silt storage purposes only. This would occur after the conveyor belt has been relocated. The mining highwall would be within 30 -feet of the permit boundary and potentially down to bedrock. This would result in a 4.5 acre mineable area and the excavation slopes down to bedrock. The current mining has all been performed at a 3H:1V slopes and the slopes have maintained great stability and serviceability. There are no engineering slope stability concerns by potentially mining this amended 6 -acre parcel and all structures within 200 -feet are safe should mining progress on the 6 -acre parcel. 323 FIFTH STREET • FREDERICK, COLORADO 80530 • PHONE: 303.833.1416 • FAX: 303.833.2850 Hello