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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
Clerk to the Board
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20180808.tiff
RECEIVED MAR 16 2018 COMMISSIONERS Ames Construction, Inc.® 18450 East 28th Ave. Aurora, Colorado 80011 Construction Material Special (111) Operation Reclamation Permit Application P�< Rat STATE OF COLORADO DIVISION OF RECLAMATION MINING & SAFETY Department of Natural Resources 1313 Sherman St. Room 215 Denver, Colorado 80203 Cc: pLC µ t& (TP), 'Pv,i (Eg(eN-IJA(0,1O 03—ato —Ica O3-22—'9 2018-0808 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) 8324106 CONSTRUCTION MATERIALS SPECIAL (111) OPERATION RECLAMATION PERMIT APPLICATION FORM COLORADO DIVISION OF RECLAMATION MINING — &— SAFETY The application for a Construction Materials Special III Operation Reclamation Permit contains four major parts: (1) the application form; (2) Exhibits A -L, Addendum 1, and any sections of Exhibit 6.5 (Geotechnical Stability Exhibit), as required by the Office, and outlined in Rules 6.1, 6.2, 6.3, 6.5, and 1.6.2(1)(b); (3) the application fee; (4) the Performance Warranty and if required a Financial Warranty. When you submit your application, be sure to include one (I) completed. signed and notarized ORIGINAL and one (1) copy of the completed application form, two (2) copies of Exhibits A -L, Addendum 1, appropriate sections of Exhibit 6.5 (Geotechnical Stability Exhibit), as required, a check for the application fee described under (4) below, and the fully executed Performance Warranty and Financial Warranty, if required. Exhibits should NOT be bound or in 3 -ring binders; maps should be folded to 8 2" X 11" or 8 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 described below I. Applicant/operator or company name (name to be used on the permit): Ames Construction, Inc. 1.1 Type of organization (corporation, partnership, etc.): Corporation 2. Operation name (pit, mine or site name): Front Range Feedlot Borrow 2 3. Permitted acreage: 1 Permitted Acres 4. New Application: S898.00 Application Fee 5. Primary commoditie(s) to be mined: Fill Dirt 6. Name of owner to the surface of affected land: Front Range Feedlots LLC 7. Name of owner to the subsurfacee rights of affected land: Front Range Feedlots LLC IDv t 8. Type of mining operation: Surface Q Underground n In -situ 9. Location information: The center of the area where the majority of mining will occur: CO 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): 31834 COUNTY ROAD 34 Weld County 6th (Colorado) S 27 T 06 R ss NE NE 11 10th (New Mexico) North ® South East West U Ute NW l<'I SE -, SW NW ✓ SE SW Mined Land Reclamation Office of Office of Denver • Grand Junction • Durango Active and Inactive Mines -2- 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 Longitude (W): deg 104 OR Example: (N) (W) 39.73691° -104.98449° min 27 min 39 Latitude (N) Longitude(W) OR Universal Tranverse Mercator (UTM) Example: 201336.3 E NAD27 Zone 13 4398351.2 N sec 51 47 (2 decimal places) sec 27 55 (2 decimal places) (5 decimal places) (5 decimal places) UTM Datum (specify NAD27, NAD83 or WGS 84) Nad 83 Easting Northing 11. Primary Future (Post -mining) Land Use (check only one): Cropland(CR) © Rangeland(RL) ® Residential(RS) • Pastureland(PL) • Forestry(FR) El Recreation(RC) El Developed Water Resources(WR) 12. Primary Present Land Use (check only one): ® Cropland(CR) ❑ Pastureland(PL) Rangeland(RL) Forestry(FR) El Residential(RS) . Recreation(RC) El Developed Water Resources(WR) 13. Estimated Beginning Date of Contract: 13.1 Estimated completion date of contract: 12 Zone El General Agriculture(GA) El Wildlife Habitat(WL) ▪ Industrial/Commercial(IC) © Solid Waste Disposal(WD) El General Agriculture(GA) El Wildlife Habitat(WL) fl Industrial/Commercial(IC) Mining(MN) 3I16ItoI1� -3- 15. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Contact's Name: Robert Gillis Title: Senior Vice President Company Name: Ames Construction, Inc. Street/P.O. Box: 18450 E. 28th Ave P.O. Box: City: Aurora State: CO Zip Code: 80011 Telephone Number: (303 ) - 363-1000 Fax Number: ( ) - PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Michael Volosin Title: Project Engineer Company Name: Ames Construction, Inc. Street/P.O. Box: 18450 E. 28th Ave P.O. Box: City: Aurora State: CO Zip Code: 80011 Telephone Number: (303 ) - 363-1000 Fax Number: ( 1 - INSPECTION CONTACT Contact's Name: Michael Volosin Title: Project Engineer Company Name: Ames Construction, Inc. Street/P.O. Box: 18450 E. 28th Ave P.O. Box: City: Aurora State: CO Zip Code: 80011 Telephone Number: (303 ) - 363-1000 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- 14. Maps & Exhibits: Submit two (2) complete, unbound copies of the following application exhibits: 6.3.1 EXHIBIT A - Legal Description and Location Map 6.3.2 EXHIBIT B - Site Description 6.3.2 EXHIBIT C - Mining Plan 6.3.4 EXHIBIT D - Reclamation Plan 6.3.5 EXHIBIT E - Maps, to include the location of any recorded easements 6.3.6 EXHIBIT F - List of Other Permits and Licenses Required 6.3.7 EXHIBIT G - Source of Legal Right -to -Enter 6.3.8 EXHIBIT H - Municipalities Within a Two-mile Radius 6.3.9 EXHIBIT I - Proof of Filing with County Clerk 6.3.10 EXHIBIT J - Proof of Mailing Notices of Permit Application 6.3.11 EXHIBIT K - Terms of Governmental Contract 6.3.12 EXHIBIT L - Permanent Man-made Structures 1.6.2(1)(b) ADDENDUM 1 - Notice Requirements 6.5 Geotechnical Stability Exhibit (as required) 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 the p 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; 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; ft3. 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; .Ctt— 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a new permit application 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. -5 - 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 Mineral 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 ($504), and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example, a permit with the anniversary date of July 1, 1995, the annual fee is for the period of July 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as an operator, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office. Therefore, if you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document. The Office is not allowed to consider comments, unless they are written, and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process, you may contact the Office at (303) 866-3567. -6 - 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. All necessary approvals from local government have been applied for (Section 34-32.5-111(1)(a)(IX)); 2. This entire mining operation will not affect more than 30 acres; 3. This mining operation will not adversely affect the stability of any significant, valuable and permanent man-made structure(s) located within two hundred (200) feet of the affected lands. (However, where there is an agreement between the applicant/operator and the persons having an interest in the structure that damage to the structure is to be compensated for by the applicant/operator (Section 34-32.5-115(4)(e), C.R.S. 1984, as amended), then mining may occur within 200 feet. Proof of an agreement must be submitted to the Office prior to the decision date.) 4. 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. 1984, as amended); 5. As the applicant/operator, I do not have any mining/exploration operations in this 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. 1984, as amended) as determined through a Board finding. 6. 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. 1984, as amended. This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-111,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 rtkt k day of Pt 140(cL , 20/8 Ames Construction, Inc. By: Title: Senior Vice President If Corporation Attest (Seal) B Corporate Secretary or E• ' talent Town/City/County. rk State of C.Ol_C9(LPAO ) ) ss. County of C\(JArv't5 ) The foregoing instrument was acknowledged before me this 1 day of naA.Ci. a(') \ $ l\ as ccv CATHERINE ANN HARRISON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19974014716 My Commission Expires August 21, 2021 of CA tY1 o b l C nsr . i 4ts�� ��-cr1r1 NtiCC4�ti��V`-t Notary Public My Commission expires: SIGNATURES MUST BE IN BLUE INK a\aoa� The following is a sample of the Notice required for Rule 1.6.2(1)(b) that you may wish to use. You must post a notice at the proposed access to the site. NOTICE This site is the location of a proposed construction materials operation. �� Construction, Inc. p p p (Name of the Applicant/Operator) whose address and phone number is (Address and Phone Number of the Applicant/Operator) 1840 E. 28th Aw, Aurora, CO 80011 303'x"°°° , has applied for a Special 111 Operation Reclamation Permit with the Colorado Mined Land Reclamation Board. Anyone wishing to comment on the application may view the application at the (County Name) Weld County County Clerk or Recorder's Office, (Clerk or Recorder's Office Address) 1401 N. 17th Ave, Greeley, CO 80631 1 and should send comments prior to the end of the public comment period to the Division of Reclamation, Mining, and Safety, 1313 Sherman St., Room 215, Denver, Colorado 80203. Certification: I, (Name of the Applicant/Operator) Ames Construction, Inc. hereby certify that I posted a sign containing the above notice for the proposed permit area known as the (Name of Operation) Front Rance Feedlot Borrow 2 on (Date Posted) 12/05/2017 l .. SI NATURE DATE /Z1 el. Jz, z°/ R NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR SPECIAL 111 OPERATION NOTICE TO THE BOARD OF COUNTY COMMISSIONERS Weld County COUNTY Ames Construction, Inc. (the "Applicant/Operator") has applied for a Special 111 reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials 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 or recorder. The Applicant/Operator proposes to reclaim the affected land to Developed Water Resource use. Pursuant to Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Board of County Commissioners before approving of the post -mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the application within five (5) working days after the application was filed with the Division. 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 St., 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 changes. NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR SPECIAL 111 OPERATION NOTICE TO THE BOARD OF SUPERVISORS OF THE LOCAL CONSERVATION DISTRICT West Greeley Conservation DISTRICT Ames Construction, Inc. (the "Applicant/Operator") has applied for a Special 111 reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials 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 or recorder. The Applicant/Operator proposes to reclaim the affected land to Developed Water Resource use. Pursuant to Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Conservation Districts before approving of the post - mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the application within five (5) working days after the application was filed with the Division. 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 St., 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 changes. NOTICE OF FILING CHANGE TO A SPECIAL 111 OPERATION APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT NOTICE TO THE BOARD OF COUNTY COMMISSIONERS Weld County COUNTY Ames Construction, Inc. (the "Applicant/Operator") has applied for a change to a Special 111 reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials in Weld County County. The entire application is on file with the Division of Reclamation, Mining, and Safety (the "Division") and the local county clerk or recorder. The attached information is being provided to notify you there has been a change proposed in the application filed previously. Notice of the original application should have been sent to you earlier by the applicant/operator on a "Notice of Filing Application" form. If you have any questions regarding this application, please feel free to contact the Division of Reclamation, Mining, and Safety, 1313 Sherman St., Room 215, Denver, Colorado 80203, (303) 866-3567. NOTE TO APPLICANT/OPERATOR: You must attach a complete and accurate copy of the change to a previously filed application with the copy placed with the county clerk or recorder. MAmin\share\vsforms\07-07010 vsforms\Constructionl I 1 07/24/2007 An example Structure Agreement which meets the requirements of the Statutes is shown below. ************************************************************************************* Structure Agreement This letter has been provided to you as the owner of a structure on or within two hundred (200) feet of a proposed mine site. The State of Colorado, Division of Reclamation, Mining and Safety ("Division") requires that where a mining operation will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred (200) feet of the affected land, the Applicant shall either: a) Provide a notarized agreement between the Applicant and the Person(s) having an interest in the structure, that the Applicant is to provide compensation for any damage to the structure; or b) Where such an agreement cannot be reached, the Applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or c) Where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility. ( Construction Materials Rule 6.3.12 and Rule 6.4.19 & Hard Rock/Metal Mining Rule 6.3.12 and Rule 6.4.20) The Colorado Mined Land Reclamation Board ("Board') has determined that this form, if properly executed, represents an agreement that complies with Construction Materials Rule 6.3.12(a), Rule 6.4.19(a), and C.R.S. § 34-32.5-115(4)(e) and with Hard Rock/Metal Mining Rule 6.3.12(a), Rule 6.4.20(a), and C.R.S. § 34-32-115(4)(d). This form is for the sole purpose of ensuring compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to any private civil lawsuit to enforce the terms of the agreement or create any enforcement obligations in the Board or the Division. The following structures are located on or within 200 feet of the proposed affected area: NONE 1. 2. 3. 4. 5. (Please list additional structures on a separate page) CERTIFICATION The Applicant, Ames Construction, Inc. (print applicant/company name), by Robert Gillis (print representative's name), as Senior Vice President (print representative's title), does hereby certify that Front Range Feedlots LLC (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Front Range Feedlot Borrow 2 (operation name), File Number M - This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this form. NOTARY FOR PERMIT APPLICANT ACKNOWLEGED BY: Applicant PtIN\c s C>.)nS‘'rLL0 �e \ 11-V(._ Representative Name Date 4'v(c,fc.L- 1Z Zc)/g STATE OF l_0 i_casap ) ss. COUNTY OF A0A rrl 5 P. c \;5 Title i r Vile The foregoing was acknowledged before me this Z .day of ild.cc44 , 20\ , by Q.1,�T 3 as 5e.rldcs-V=c=4 o£ of IA Es rc �u�zz oIJ C . Notary Public My Commission Expires: S CATHERINE ANN HARRISON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19974014716 My Commission Expires August 21, 2021 ai aoai NOTARY FOR STRUCTURE OWNER ACKNOWLEGED BY: Structure Owner Date STATE OF ) ss. COUNTY OF Name Title The foregoing was acknowledged before me this day of , 20, by as of My Commission Expires: Notary Public 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 Operator: Operation: Permit Number: PERFORMANCE WARRANTY Ames Construction, Inc. Front Range Feedlot Borrow 2 COLORADO DIVISION OF RECLAMATION MINING SAFETY This form has been approved by the Mined Land Reclamation Board ("Board') pursuant to the Mined Land Reclamation Act (C.R.S. § 34-32-101 et. sea.) ("Hard Rock Act") and associated Rules (2 C.C.R. 407-1) ("Hard Rock Rules') and the Land Reclamation Act for the Extraction of Construction Materials (C.R.S. § 34-32.5-101 et. seq.) ("Construction Materials Act') and associated Rules (2 C.C.R. 407-4) ("Construction Materials Rules'). Any alteration or modification of this form, without approval by the Board shall result in the performance warranty being invalid and result in the voiding of any permit issued in conjunction with such invalid performance warranty and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to sections 34-32-123, C.R.S. of the Hard Rock Act and 34-32.5-123, C.R.S. of Construction Materials Act. KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. § 34-32-101 et s_q. (the "Hardrock Act"), as amended, and the Colorado Land Reclamation Act for the Extraction of Construction Materials, C.R.S. § 34-32.5-101 et sec . (the "Construction Materials Act"), as amended (collectively the "Acts"), provide that no permit may be issued until the Mined Land Reclamation Board (the "Board") receives a performance warranty consisting of the Operator's written promise to comply with the requirements of the Hardrock or Construction Materials Act, whichever is applicable. WHEREAS, Ames Construction, Inc. (the "Operator"), has applied for a permit to conduct a mining operation known as Front Range Feedlot Borrow 2 (the "Operation") on certain lands in Weld County, Colorado. These lands are described in the permit application, as amended and supplemented, and are referred to herein as the "Affected Lands." WHEREAS, in its application for the permit, the Operator has agreed to be bound by all requirements of the Hardrock or Construction Materials Act and all applicable rules and regulations of the Board, as amended from time to time. Office of Mined Land Reclamation Inactive Mines Denver • Grand Junction • Durango Office of Active and WHEREAS, the Operator hereby gives the Board this performance warranty pursuant to C.R.S. §§ 34-32-117(2) or 34-32.5-117(2), and herein promises the Board that it will comply with all applicable requirements of the Hardrock or Construction Materials Act. NOW, THEREFORE, The Operator hereby promises the Board that it will comply with all applicable requirements of the Hard Rock or Construction Materials Act and applicable rules and regulations of the Board. The Operator hereby promises the Board that it will comply with all of the terms of the application for a permit, as amended and supplemented, as well as any conditions attached to the permit by the Board. The Operator promises the Board, pursuant to C.R.S. §§ 34-32-112(1)(d) or 34-32.5-112(1)(b)(IV), that it has the lawful authority to enter upon the Affected Lands to conduct mining operations, including, but not limited to, reclamation. The Operator further recognizes the right of the Board to enter to reclaim lands affected by the Operation. The description of lands herein is for convenience of reference only, and no error in such description, revision of the permitted mining area, or disturbance by the Operator of lands outside of the permitted mining area shall alter or diminish the Operator's obligation hereunder, which shall extend to the reclamation of all such lands disturbed. The obligation of the Operator hereunder is such that, if the Operator shall successfully comply with the requirements of the Hardrock or Construction Materials Act, applicable rules and regulations, and the permit, then the Board, upon a fording that the Operator has so complied, shall release this performance warranty, and the Operator from its obligation hereunder. The obligation of the Operator hereunder shall continue until released by the Board in accordance with applicable law. The Operator promises to be responsible for the cost of reclamation up to the amount established by the Board and has attached hereto its financial warranty, in accordance with C.R.S. §§ 34-32-117(3) or 34-32.5-117(3). The Operator agrees that it will maintain a financial warranty (or warranties) covering the Board's estimated costs of reclamation in good standing for the entire life of the permit. If the Operator is a unit of County or Municipal government, or is a department or division of State government, the Operator is not required to submit or post any other instrument of financial responsibility but hereby promises to be responsible for the cost of reclamation up to the amount specified by the Board. If the Board determines that the Operator is in default under this performance warranty and has failed to cure such default, although written notice of such default and ample time to cure such default have been given, the Operator's financial warranty shall be subject to forfeiture. This performance warranty may be executed in multiple copies, each of which shall be treated as an original, but together they constitute only one agreement, the validity and interpretation of which shall be governed by the laws of the State of Colorado. The provisions hereof shall bind and inure to the benefit of the parties hereto and their successors and assigns. -2- +1 L SIGNED, SEALED AND DATED this 12- day of ktut a.c L , 2o, g 1-10Acs Coe% Operator (SEAL) By: (Zt L -z( P. C\\ - Title: o r Vic c Pats (c, cn NOTARIZATION OF OPERATOR'S ACKNOWLEDGEMENT STATE OF t-4 2'av c. ) ) ss.: COUNTY OF a O1 -O, -N, 5 ) The foregoing instrument was acknowledged before me this 1 a day of'(n4nC.k , 'DO by G Li.=._5 ase_t-N-7.,:c4?-.\,-LCe'Cce tiz of\�n5-3 rtZc�c�x�� CATHERINE ANN HARRISON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19974014716 My Commission Expires August 21, 2021 �{ Notary Public Wit..... r1r Lt. i S — My Commission Expires a t a G STATE OF COLORADO DEPARTMENT OF NATURAL RESOURCES MINED LAND RECLAMATION BOARD DIVISION OF RECLAMATION, MINING AND SAFETY By: Division Director -3- Date Executed: Rev. 05/12 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 MATERIAL SPECIAL (111) OPERATION RECLAMATION PERMIT APPLICATION PACKAGE APPLICABILITY: COLORADO DIVISION OF RECLAMATION MINING - &- SAFETY The 111 Reclamation Permit application package is for a construction material extraction operation which extracts sand, gravel or quarry aggregate for the sole purpose of obtaining material for highway, road, utility, or similar type construction under a federal, state, county, city, town, or special district contract and where the contract calls for work to be commenced within a specifically short time affecting thirty (30) acres or less. If you plan to conduct a construction material extraction operation which meets these criteria, please follow the instructions provided in this package, in the Rules and Regulations, and in the Colorado Land Reclamation Act for the Extraction of Construction Materials, as required. RECOMMENDATIONS PRIOR TO FILING: The Construction material Rules and Regulations (the Colorado land Reclamation Act for the Extraction of Construction Materials, Section 34-32.5-101, et sec ., C.R.S., and 2 CCR 407-1) and the Colorado Mined Land Reclamation Board (the "Board") regulate the permitting, operational, and reclamation requirements for all construction material extraction operations in Colorado. It is your obligation to comply with the Act and Regulations. You are encouraged to obtain and review a copy of the Rules, available for 58.00 from the Division of Reclamation, Mining, and Safety (the "Office"). In order to submit your application properly, it is recommended that you review the Act and: Rule 1.1 Definitions; Rule 1.4 Application Review and Consideration Process; Rule 1.6 Public Notice Procedures; Rule 3.1 Reclamation Performance Standards; Rule 3.3.1 Operating without a Permit - Penalty; Rule 4 Performance Warranties and Financial Warranties; Rule 6 Permit Application Exhibit Requirements; Rule 6.2 General Requirements of Exhibits; Rule 6.3 Specific Permit Application Exhibit Requirements; Rule 6.5 Geotechnical Stability Exhibit (as required). It is recommended that you contact the agencies listed under in the application section titled "Compliance With Other Laws" prior to submitting the application to the Office. Office of Mined Land Reclamation Office of Denver • Grand Junction • Durango Active and Inactive Mines FILING REQUIREMENTS: In order to apply for a Reclamation Permit for a Special 111 Operation, please provide: o One (1) signed and notarized completed ORIGINAL and one (1) copy of the completed Special 111 Operation Application Form. o Two (2) copies of all Exhibits (required sections described in Rule 6). o Two (2) copies of Addendum 1 - Notice requirements (described in Rule 1.6.2(1)(b)). An example of this notice is attached for your use. o The Geotechnical Stability Exhibit when required by the Division. o The application fee. o The FULLY EXECUTED financial and performance warranty forms. NOTICE REOUIREMENTS: 1. You MUST send a notice, on a form approved by the Board, to the local board of county commissioners. A copy of this "Notice of Filing Application" form is attached for your use. 2. If the mining operation is within the boundaries of a conservation district, send a notice to the board of supervisors of the conservation district, PRIOR to filing the application. A copy of this "Notice of filing Application" form is attached for your use. 3. You MUST include proof of notice #1 and #2 above with the application at the time the application is submitted to the Office for filing (Rule 1.6.2(1)(g)). 4. Prior to filing the application, place for public review a copy of the application, less confidential items, with the clerk or recorder of the county or counties in which the affected land is located. You MUST provide the office with an affidavit or receipt indicating the date on which the copy of the application was placed with the clerk or recorder at the time the application is submitted to the Office for filing (Rule 1.6.2(1)(c)). 5. Any changes or additions made to an application submittal MUST be filed with the county clerk or recorder. You MUST also provide the Office with an affidavit or receipt demonstrating that the change was filed with the county clerk or recorder no later than the close of business on the day the change was filed with the Office (Rule 1.8.1(2)). The copy of the application and any changes or additions placed at the office of the county clerk or recorder shall NOT be recorded, but shall be retained there for at least sixty (60) days after a decision on the application by the office and be available for inspection during this period. At the end of this period, the application may be reclaimed by the applicant or destroyed (Rule 1.6.2(2)). APPLICATION REVIEW PROCEDURES: The Office shall approve or deny the application within fifteen (15) days of filing unless the date for consideration by the Office is extended pursuant to Rule 1.8. If any changes or additions are made to the application after initial submittal, the local board of county commissioners MUST be notified. Proof of filing notice of the change with the county MUST be provided to the Office. A form approved by the Board for these purposes is enclosed with this application package. If the requirements of the Act and Rules have been satisfied, the Office will approve the application. The Act also provides for automatic approval if no action is taken by the office by the end of the 15 day review period. APPLICATION APPROVAL/DENIAL: If the requirements of the Act and Rules have not been satisfied, the Office will deny the application. If the Office denies the application, you may appeal to the Board for a final determination by submitting a written request for an administrative appeal to the Board within 60 days of the date of the decision (Rule 1.4.7). PERFORMANCE AND FINANCIAL WARRANTIES: The application MUST include a fully -executed performance warranty (enclosed with this application), and submitted with the application. The application MUST also include a fully executed financial warranty in the amount of $2,500 per acre of affected land (a fraction of an acre is counted as one acre for calculation). The law and regulations allow for several different types of financial warranty. Please review Rule 4 of the Rules to determine what type of financial warranty you desire to use. Appropriate forms are available by request from the Office. If you are a governmental entity, a financial warranty is NOT required but a performance warranty is required. COMPLIANCE WITH OTHER LAWS: Compliance with the Act and Rules and Regulations of the Mined Land Reclamation Board DOES NOT in any way relieve you of the responsibility to comply with all other applicable state and federal laws (Section 115(4)(c), 34-32.5-109(5) C.R.S.). We recommend that you contact the following agencies to determine whether you need to comply with their legal requirements: o The Colorado State Historical Preservation Office regarding properties of historical significance including the need for an archeological survey, procedures for requesting a file search, and inventory forms to identify structures; o Colorado Division of Water Resources with regard to water rights; o Colorado Department of Health, Water Quality Control Division, with regard to the discharge of pollutants into State waters; o Colorado Department of Health, Air Pollution Control Division, with regard to the need for a fugitive dust permit; o U.S. Bureau of Land Management or U.S. Forest Service for proposed operations on Federal lands; o U.S. Army Corps of Engineers regarding a dredge and fill (404) permit; and o The County Planning Department for the county or counties in which the proposed operation is located. Section 34-32.5-109(3), C.R.S., requires a mining operator to be responsible for assuring that the mining operation and the post -mining land use comply with local land use regulations and any master plan for extraction adopted pursuant to Section 34-1-304, C.R.S. PERMIT APPROVAL: An applicant will not be issued a reclamation permit until notified by the Office that this application and the required performance and financial warranties have been approved. Alternatively, an automatic approval will occur where the Office fails to notify the applicant/operator that the application has been denied. This decision must be made fifteen (15) calendar days from the date the application was submitted. However, the performance and financial warranties must be submitted and approved by the Office before the permit will be issued even if you receive an automatic approval. NO MINING OPERATIONS SHALL BEGIN UNTIL A PERMIT IS ISSUED (Rule 4.1(2)). COMPLETION OF MINING: Upon completion of any phase of reclamation, you should consult Rule 3.1 for reclamation standards and 4.16 for details on how to request a reclamation responsibility release from the Board. Applicant: Ames Construction, Inc. Name of Site: Front Range Feedlot Borrow 2 Date: March 6, 2018 EXHIBIT A - Legal Description and Location Map See attached Exhibit B Applicant: Ames Construction, Inc. Name of Site: Front Range Feedlot Borrow 2 Date: March 6, 2018 EXHIBIT B - Site Description (a) Existing Vegetation and soil characteristics of the site area. The 12 acres of the permit site are presently developed water resource. Existing vegetation consists predominately of grasses, topsoil and an irrigation pond used for aquifer recharging. The site soils have been classified by the United States Department of Agriculture as a Dacono clay loam. (b) List of permanent man-made structures within 200 feet of affected area: • Decommissioned Coors Energy Company Well; Swanson Farm #7-27SEG (a) Water resources in the area of the proposed borrow. • 100 Year A flood plan runs through the NW corner of the property but not the proposed borrow (Sand Creek) (b) Wildlife assessment. Not required for 111 Special Operations. Page 1 of 1 Front Range Feed Lots, Section 27 T6 R65 Owner: FRONT RANGE FEEDLO.. Taxes Properly Report Data Search Buffer Hyperlinks Photo Sketch Taxes view in Google StreetVievv Property Report Details Parcel 080327000074 Account unt M6779290 Account Type Residential Property Address 31834 COUNTY ROAD 34 WELD FRONT RANGE FEEDLOTS LLC PO BOX 517 mid ..(.,;". N/A Owner FRo... Utz 40.46016' P4 yr NOD 4326 Let/Long ♦ Let tO&6692y, w o Weld County D,scieirr : 300 600ft USDA United States � Department of _ Agriculture N RCS Natural Resources Conservation Service A product of the National Cooperative Soil Survey, a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local participants Custom Soil Resource Report for Weld County, Colorado, Southern Part Horton Borrow November 7, 2017 Preface Soil surveys contain information that affects land use planning in survey areas. They highlight soil limitations that affect various land uses and provide information about the properties of the soils in the survey areas. Soil surveys are designed for many different users, including farmers, ranchers, foresters, agronomists, urban planners, community officials, engineers, developers, builders, and home buyers. Also, conservationists, teachers, students, and specialists in recreation, waste disposal, and pollution control can use the surveys to help them understand, protect, or enhance the environment. Various land use regulations of Federal, State, and local governments may impose special restrictions on land use or land treatment. Soil surveys identify soil properties that are used in making various land use or land treatment decisions. The information is intended to help the land users identify and reduce the effects of soil limitations on various land uses. The landowner or user is responsible for identifying and complying with existing laws and regulations. Although soil survey information can be used for general farm, local, and wider area planning, onsite investigation is needed to supplement this information in some cases. Examples include soil quality assessments (http://www.nres.usda.gov/wps/ portal/nrcs/main/soils/health/) and certain conservation and engineering applications. For more detailed information, contact your local USDA Service Center (https://offices.sc.egov.usda.gov/locator/app?agency=nres) or your NRCS State Soil Scientist (http://www.nres.usda.gov/wps/portal/nres/detail/soils/contactus/? cid=nrcs142p2_053951). Great differences in soil properties can occur within short distances. Some soils are seasonally wet or subject to flooding. Some are too unstable to be used as a foundation for buildings or roads. Clayey or wet soils are poorly suited to use as septic tank absorption fields. A high water table makes a soil poorly suited to basements or underground installations. The National Cooperative Soil Survey is a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local agencies. The Natural Resources Conservation Service (NRCS) has leadership for the Federal part of the National Cooperative Soil Survey. Information about soils is updated periodically. Updated information is available through the NRCS Web Soil Survey, the site for official soil survey information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require 2 alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. 3 Contents Preface 2 How Soil Surveys Are Made 5 Soil Map 8 Soil Map 9 Legend 10 Map Unit Legend 11 Map Unit Descriptions 11 Weld County, Colorado, Southern Part 13 1—Altvan loam, 0 to 1 percent slopes 13 21—Dacono clay loam, 0 to 1 percent slopes 14 22—Dacono clay loam, 1 to 3 percent slopes 15 41 —Nunn clay loam, 0 to 1 percent slopes 16 References 19 4 How Soil Surveys Are Made Soil surveys are made to provide information about the soils and miscellaneous areas in a specific area. They include a description of the soils and miscellaneous areas and their location on the landscape and tables that show soil properties and limitations affecting various uses. Soil scientists observed the steepness, length, and shape of the slopes; the general pattern of drainage; the kinds of crops and native plants; and the kinds of bedrock. They observed and described many soil profiles. A soil profile is the sequence of natural layers, or horizons, in a soil. The profile extends from the surface down into the unconsolidated material in which the soil formed or from the surface down to bedrock. The unconsolidated material is devoid of roots and other living organisms and has not been changed by other biological activity. Currently, soils are mapped according to the boundaries of major land resource areas (MLRAs). MLRAs are geographically associated land resource units that share common characteristics related to physiography, geology, climate, water resources, soils, biological resources, and land uses (USDA, 2006). Soil survey areas typically consist of parts of one or more MLRA. The soils and miscellaneous areas in a survey area occur in an orderly pattern that is related to the geology, landforms, relief, climate, and natural vegetation of the area. Each kind of soil and miscellaneous area is associated with a particular kind of landform or with a segment of the landform. By observing the soils and miscellaneous areas in the survey area and relating their position to specific segments of the landform, a soil scientist develops a concept, or model, of how they were formed. Thus, during mapping, this model enables the soil scientist to predict with a considerable degree of accuracy the kind of soil or miscellaneous area at a specific location on the landscape. Commonly, individual soils on the landscape merge into one another as their characteristics gradually change. To construct an accurate soil map, however, soil scientists must determine the boundaries between the soils. They can observe only a limited number of soil profiles. Nevertheless, these observations, supplemented by an understanding of the soil -vegetation -landscape relationship, are sufficient to verify predictions of the kinds of soil in an area and to determine the boundaries. Soil scientists recorded the characteristics of the soil profiles that they studied. They noted soil color, texture, size and shape of soil aggregates, kind and amount of rock fragments, distribution of plant roots, reaction, and other features that enable them to identify soils. After describing the soils in the survey area and determining their properties, the soil scientists assigned the soils to taxonomic classes (units). Taxonomic classes are concepts. Each taxonomic class has a set of soil characteristics with precisely defined limits. The classes are used as a basis for comparison to classify soils systematically. Soil taxonomy, the system of taxonomic classification used in the United States, is based mainly on the kind and character of soil properties and the arrangement of horizons within the profile. After the soil 5 Custom Soil Resource Report scientists classified and named the soils in the survey area, they compared the individual soils with similar soils in the same taxonomic class in other areas so that they could confirm data and assemble additional data based on experience and research. The objective of soil mapping is not to delineate pure map unit components; the objective is to separate the landscape into landforms or landform segments that have similar use and management requirements. Each map unit is defined by a unique combination of soil components and/or miscellaneous areas in predictable proportions. Some components may be highly contrasting to the other components of the map unit. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The delineation of such landforms and landform segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, onsite investigation is needed to define and locate the soils and miscellaneous areas. Soil scientists make many field observations in the process of producing a soil map. The frequency of observation is dependent upon several factors, including scale of mapping, intensity of mapping, design of map units, complexity of the landscape, and experience of the soil scientist. Observations are made to test and refine the soil -landscape model and predictions and to verify the classification of the soils at specific locations. Once the soil -landscape model is refined, a significantly smaller number of measurements of individual soil properties are made and recorded. These measurements may include field measurements, such as those for color, depth to bedrock, and texture, and laboratory measurements, such as those for content of sand, silt, clay, salt, and other components. Properties of each soil typically vary from one point to another across the landscape. Observations for map unit components are aggregated to develop ranges of characteristics for the components. The aggregated values are presented. Direct measurements do not exist for every property presented for every map unit component. Values for some properties are estimated from combinations of other properties. While a soil survey is in progress, samples of some of the soils in the area generally are collected for laboratory analyses and for engineering tests. Soil scientists interpret the data from these analyses and tests as well as the field -observed characteristics and the soil properties to determine the expected behavior of the soils under different uses. Interpretations for all of the soils are field tested through observation of the soils in different uses and under different levels of management. Some interpretations are modified to fit local conditions, and some new interpretations are developed to meet local needs. Data are assembled from other sources, such as research information, production records, and field experience of specialists. For example, data on crop yields under defined levels of management are assembled from farm records and from field or plot experiments on the same kinds of soil. Predictions about soil behavior are based not only on soil properties but also on such variables as climate and biological activity. Soil conditions are predictable over long periods of time, but they are not predictable from year to year. For example, soil scientists can predict with a fairly high degree of accuracy that a given soil will have a high water table within certain depths in most years, but they cannot predict that a high water table will always be at a specific level in the soil on a specific date. After soil scientists located and identified the significant natural bodies of soil in the survey area, they drew the boundaries of these bodies on aerial photographs and 6 Custom Soil Resource Report identified each as a specific map unit. Aerial photographs show trees, buildings, fields, roads, and rivers, all of which help in locating boundaries accurately. 7 Soil Map The soil map section includes the soil map for the defined area of interest, a list of soil map units on the map and extent of each map unit, and cartographic symbols displayed on the map. Also presented are various metadata about data used to produce the map, and a description of each soil map unit. 8 40° 27 39" N 0 a 4 3 40° 27 24' N tn M 528770 I 528840 528910 I 141:1."79:11i7F .1.--1;. - ,Soil Map may not be valid at th 104° 39' 38" W N A 528980 528770 528840 528910 528980 529350 529120 529190 529260 520330 Map Scale: 1:3,320 if printed on A landscape (11" x 8.5") sheet. Custom Soil Resource Report Soil Map 529050 Meters 0 45 93 180 270 Feet 0 150 300 600 900 Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: JIM Zone 13N WGS84 529120 9 529190 529260 529330 529400 529400 Co O O 529470 529470 03 M ° • 0 4 4 40° 27 39" N 40° 2724"N Custom Soil Resource Report Area of Interest (AO1) soils 0 MAP LEGEND Area of Interest (AOI) Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Blowout 314 X R 44, a 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 d Sinkhole its Slide or Slip st Sodic Spot 8 co A Spoil Area Stony Spot Very Stony Spot Wet Spot Other Special Line Features Water Features Streams and Canals Transportation 4-- Rails oar/ Interstate Highways ORO 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 16, Oct 10, 2017 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Mar 1, 2016 -Sep 22, 2016 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. 10 Custom Soil Resource Report Map Unit Legend -0 Map Unit Symbol' -� Map Unit Name . Acres in AOl' PPercent of AOl 1 Altvan loam, 0 to 1 percent slopes 0.9 2.5% 21 Dacono clay loam, 0 to 1 percent slopes 28.4 77.3% 22 Dacono clay loam, 1 to 3 percent slopes 7.4 20.0% 41 Nunn clay loam, 0 to 1 percent slopes 0.1 0.2% Totals for Area of Interest 36.8 100.0% Map Unit Descriptions The map units delineated on the detailed soil maps in a soil survey represent the soils or miscellaneous areas in the survey area. The map unit descriptions, along with the maps, can be used to determine the composition and properties of a unit. A map unit delineation on a soil map represents an area dominated by one or more major kinds of soil or miscellaneous areas. A map unit is identified and named according to the taxonomic classification of the dominant soils. Within a taxonomic class there are precisely defined limits for the properties of the soils. On the landscape, however, the soils are natural phenomena, and they have the characteristic variability of all natural phenomena. Thus, the range of some observed properties may extend beyond the limits defined for a taxonomic class. Areas of soils of a single taxonomic class rarely, if ever, can be mapped without including areas of other taxonomic classes. Consequently, every map unit is made up of the soils or miscellaneous areas for which it is named and some minor components that belong to taxonomic classes other than those of the major soils. Most minor soils have properties similar to those of the dominant soil or soils in the map unit, and thus they do not affect use and management. These are called noncontrasting, or similar, components. They may or may not be mentioned in a particular map unit description. Other minor components, however, have properties and behavioral characteristics divergent enough to affect use or to require different management. These are called contrasting, or dissimilar, components. They generally are in small areas and could not be mapped separately because of the scale used. Some small areas of strongly contrasting soils or miscellaneous areas are identified by a special symbol on the maps. If included in the database for a given area, the contrasting minor components are identified in the map unit descriptions along with some characteristics of each. A few areas of minor components may not have been observed, and consequently they are not mentioned in the descriptions, especially where the pattern was so complex that it was impractical to make enough observations to identify all the soils and miscellaneous areas on the landscape. 11 Custom Soil Resource Report The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The objective of mapping is not to delineate pure taxonomic classes but rather to separate the landscape into landforms or landform segments that have similar use and management requirements. The delineation of such segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, however, onsite investigation is needed to define and locate the soils and miscellaneous areas. An identifying symbol precedes the map unit name in the map unit descriptions. Each description includes general facts about the unit and gives important soil properties and qualities. Soils that have profiles that are almost alike make up a soil series. Except for differences in texture of the surface layer, all the soils of a series have major horizons that are similar in composition, thickness, and arrangement. Soils of one series can differ in texture of the surface layer, slope, stoniness, salinity, degree of erosion, and other characteristics that affect their use. On the basis of such differences, a soil series is divided into soil phases. Most of the areas shown on the detailed soil maps are phases of soil series. The name of a soil phase commonly indicates a feature that affects use or management. For example, Alpha silt loam, 0 to 2 percent slopes, is a phase of the Alpha series. Some map units are made up of two or more major soils or miscellaneous areas. These map units are complexes, associations, or undifferentiated groups. A complex consists of two or more soils or miscellaneous areas in such an intricate pattern or in such small areas that they cannot be shown separately on the maps. The pattern and proportion of the soils or miscellaneous areas are somewhat similar in all areas. Alpha -Beta complex, 0 to 6 percent slopes, is an example. An association is made up of two or more geographically associated soils or miscellaneous areas that are shown as one unit on the maps. Because of present or anticipated uses of the map units in the survey area, it was not considered practical or necessary to map the soils or miscellaneous areas separately. The pattern and relative proportion of the soils or miscellaneous areas are somewhat similar. Alpha -Beta association, 0 to 2 percent slopes, is an example. An undifferentiated group is made up of two or more soils or miscellaneous areas that could be mapped individually but are mapped as one unit because similar interpretations can be made for use and management. The pattern and proportion of the soils or miscellaneous areas in a mapped area are not uniform. An area can be made up of only one of the major soils or miscellaneous areas, or it can be made up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example. Some surveys include miscellaneous areas. Such areas have little or no soil material and support little or no vegetation. Rock outcrop is an example. 12 Custom Soil Resource Report Weld County, Colorado, Southern Part 1—Altvan loam, 0 to 1 percent slopes Map Unit Setting National map unit symbol: 361j Elevation: 4,500 to 4,900 feet Mean annual precipitation: 14 to 16 inches Mean annual air temperature: 46 to 48 degrees F Frost -free period: 130 to 150 days Farmland classification: Not prime farmland Map Unit Composition Altvan and similar soils: 90 percent Minor components: 10 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Altvan Setting Landform: Terraces Down -slope shape: Linear Across -slope shape: Linear Parent material: Old alluvium Typical profile H1 - 0 to 10 inches: loam H2 - 10 to 25 inches: clay loam H3 - 25 to 60 inches: gravelly sand Properties and qualities Slope: 0 to 1 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.20 to 2.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 5 percent Available water storage in profile: Low (about 5.7 inches) Interpretive groups Land capability classification (irrigated): 3s Land capability classification (nonirrigated): 4e Hydrologic Soil Group: B Ecological site: Loamy Plains (R067BY002CO) Hydric soil rating: No Minor Components Cascajo Percent of map unit: 9 percent Hydric soil rating: No 13 Custom Soil Resource Report Aquic haplustolls Percent of map unit: 1 percent Landform: Swales Hydric soil rating: Yes 21—Dacono clay loam, 0 to 1 percent slopes Map Unit Setting National map unit symbol: 361y Elevation: 4,550 to 4,970 feet Mean annual precipitation: 14 to 18 inches Mean annual air temperature: 48 to 52 degrees F Frost -free period: 140 to 160 days Farmland classification: Prime farmland if irrigated Map Unit Composition Dacono and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Dacono Setting Landform: Terraces Down -slope shape: Linear Across -slope shape: Linear Parent material: Mixed alluvium Typical profile H1 - 0 to 12 inches: clay loam H2 - 12 to 21 inches: clay loam H3 - 21 to 27 inches: clay loam H4 - 27 to 60 inches: very gravelly sand Properties and qualities Slope: 0 to 1 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately high (0.20 to 0.60 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 15 percent Salinity, maximum in profile: Nonsaline to very slightly saline (0.0 to 2.0 mmhos/cm) Available water storage in profile: Moderate (about 6.3 inches) Custom Soil Resource Report Interpretive groups Land capability classification (irrigated): 2s Land capability classification (nonirrigated): 3s Hydrologic Soil Group: C Ecological site: Clayey Plains (R067BY042CO) Hydric soil rating: No Minor Components Heldt Percent of map unit: 5 percent Hydric soil rating: No Nunn Percent of map unit: 5 percent Hydric soil rating: No Altvan Percent of map unit: 5 percent Hydric soil rating: No 22—Dacono clay loam, 1 to 3 percent slopes Map Unit Setting National map unit symbol: 361 z Elevation: 4,550 to 4,970 feet Mean annual precipitation: 14 to 18 inches Mean annual air temperature: 48 to 52 degrees F Frost -free period: 140 to 160 days Farmland classification: Prime farmland if irrigated Map Unit Composition Dacono and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Dacono Setting Landform: Terraces Down -slope shape: Linear Across -slope shape: Linear Parent material: Mixed alluvium Typical profile H1 - 0 to 12 inches: clay loam H2 - 12 to 21 inches: clay loam H3 - 21 to 27 inches: clay loam H4 - 27 to 60 inches: very gravelly sand 15 Custom Soil Resource Report Properties and qualities Slope: 1 to 3 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately high (0.20 to 0.60 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 15 percent Salinity, maximum in profile: Nonsaline to very slightly saline (0.0 to 2.0 mmhos/cm) Available water storage in profile: Moderate (about 6.3 inches) Interpretive groups Land capability classification (irrigated): 2e Land capability classification (nonirrigated): 3s Hydrologic Soil Group: C Ecological site: Clayey Plains (R067BY042CO) Hydric soil rating: No Minor Components Altvan Percent of map unit: 9 percent Hydric soil rating: No Nunn Percent of map unit: 6 percent Hydric soil rating: No 41 —Nunn clay loam, 0 to 1 percent slopes Map Unit Setting National map unit symbol: 2ting Elevation: 4,100 to 5,700 feet Mean annual precipitation: 14 to 15 inches Mean annual air temperature: 48 to 52 degrees F Frost -free period: 135 to 152 days Farmland classification: Prime farmland if irrigated Map Unit Composition Nunn and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Custom Soil Resource Report Description of Nunn Setting Landform: Terraces Landform position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear Parent material: Pleistocene aged alluvium and/or eolian deposits Typical profile Ap - 0 to 6 inches: clay loam Bt1 - 6 to 10 inches: clay loam Bt2 - 10 to 26 inches: clay loam Btk - 26 to 31 inches: clay loam Bk1 - 31 to 47 inches: loam Bk2 - 47 to 80 inches: loam Properties and qualities Slope: 0 to 1 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: Medium Capacity of the most limiting layer to transmit water (Ksat): Moderately low to moderately high (0.06 to 0.20 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 7 percent Salinity, maximum in profile: Nonsaline (0.1 to 1.0 mmhos/cm) Sodium adsorption ratio, maximum in profile: 0.5 Available water storage in profile: High (about 9.1 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 4e Hydrologic Soil Group: C Ecological site: Clayey Plains (R067BY042CO) Hydric soil rating: No Minor Components Heldt Percent of map unit: 10 percent Landform: Terraces Landform position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear Ecological site: Clayey Plains (R067BY042CO) Hydric soil rating: No Wages Percent of map unit: 5 percent Landform: Terraces Landform position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear 17 Custom Soil Resource Report Ecological site: Loamy Plains (R067BY002CO) Hydric soil rating: No 18 References American Association of State Highway and Transportation Officials (AASHTO). 2004. Standard specifications for transportation materials and methods of sampling and testing. 24th edition. American Society for Testing and Materials (ASTM). 2005. Standard classification of soils for engineering purposes. ASTM Standard D2487-00. Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of wetlands and deep -water habitats of the United States. U.S. Fish and Wildlife Service FWS/OBS-79/31. Federal Register. July 13, 1994. Changes in hydric soils of the United States. Federal Register. September 18, 2002. Hydric soils of the United States. Hurt, G.W., and L.M. Vasilas, editors. Version 6.0, 2006. Field indicators of hydric soils in the United States. National Research Council. 1995. Wetlands: Characteristics and boundaries. Soil Survey Division Staff. 1993. Soil survey manual. Soil Conservation Service. U.S. Department of Agriculture Handbook 18. http://www.nres.usda.gov/wps/portal/ nrcs/detail/national/soils/?cid=nrcs142p2_054262 p2_054262 Soil Survey Staff. 1999. Soil taxonomy: A basic system of soil classification for making and interpreting soil surveys. 2nd edition. Natural Resources Conservation Service, U.S. Department of Agriculture Handbook 436. http:// www. nres. usda. gov/wps/portal/nres/detail/national/soils/?cid=nres142p2_053577 Soil Survey Staff. 2010. Keys to soil taxonomy. 11th edition. U.S. Department of Agriculture, Natural Resources Conservation Service. http:// www. n res. usda. gov/wps/portal/nres/detail/national/soils/?cid=nres 142p2_053580 Tiner, R.W., Jr. 1985. Wetlands of Delaware. U.S. Fish and Wildlife Service and Delaware Department of Natural Resources and Environmental Control, Wetlands Section. United States Army Corps of Engineers, Environmental Laboratory. 1987. Corps of Engineers wetlands delineation manual. Waterways Experiment Station Technical Report Y-87-1. United States Department of Agriculture, Natural Resources Conservation Service. National forestry manual. http://www.nres.usda.gov/wps/portal/nres/detail/soils/ home/?cid=nrcs142p2_053374 United States Department of Agriculture, Natural Resources Conservation Service. National range and pasture handbook. http://www.nres.usda.gov/wps/portal/nres/ detail/national/land use/rangepastu re/?cid=stelprdb 1043084 19 Custom Soil Resource Report United States Department of Agriculture, Natural Resources Conservation Service. National soil survey handbook, title 430 -VI. http://www.nrcs.usda.gov/wps/portal/ nrcs/detail/soils/scientists/?cid=nrcs142p2_054242 142p2_054242 United States Department of Agriculture, Natural Resources Conservation Service. 2006. Land resource regions and major land resource areas of the United States, the Caribbean, and the Pacific Basin. U.S. Department of Agriculture Handbook 296. http://www.nres.usda.gov/wps/portal/nres/detail/national/soils/? cid=nrcs142p2_053624 p2_053624 United States Department of Agriculture, Soil Conservation Service. 1961. Land capability classification. U.S. Department of Agriculture Handbook 210. http:// www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs142p2_052290.pdf 20 Exhibit C Applicant: Ames Construction, Inc. Name of Site: Front Range Feedlot Borrow 2 Date: March 6, 2018 EXHIBIT C — Mining plan (a) Commencement and Duration of Borrow Operation The borrow operation is for a single specific project. The borrow area is currently permitted under M-2017-053, the attached application is a continuation of this property; Operations would begin on March 19 2018 and would be complete by May 31, 2018. This time window includes the following phases: 1. Topsoil salvaging and haul road construction; 2. Excavation and hauling of the borrow materials, 3. Excavation from the existing road brought back into the borrow hole 4. Closing of the borrow — final grading of the slopes, topsoil placement, and completion of the reclamation plan. (b) Topsoil replacement depth. The existing topsoil conditions in the area show an average of 4 inches. This topsoil will be stockpiled and respreads at the end at the depth or thicker. (c) Overburden The borrow materials do not have any overlying overburden or waste materials. (d) Thickness of deposit to be mined A twelve foot thickness of borrow material will be removed. (e) Major Components of the mining operation. Page 1 of 4 Exhibit C The haul road through the permitted site and the area of borrow excavation are the only components of the mining operation. Once the topsoil has been salvaged and the haul road constructed, excavation/hauling operations will begin. The borrow material will be excavated using large backhoes/loaders and placed directly into truck - trailer hauling units for transporting to the job site on WCR 47 roughly 2 miles from the borrow site. Excavation of the borrow materials will proceed in an east to west direction. The side slopes of the final excavation are to be at a maximum gradient of 3:1 (horizontal to vertical). As the borrow material is being removed, the excavation in the area of the final slopes will be done at this 3:1 gradient. Ames Construction will use the existing onsite access road From CR 66. (f) Dimensions of land disturbance. The area of land disturbance is in a rectangular configuration. The width of the rectangle is approximately 511' on the North End, 793' on the West End, 707' on the South End and 747' on the East End. (g) Haul road dimensions. A small haul road will be built for within the mining area to access the existing 24' wide 2,600' in length from WCR 66. If necessary, a motor grader will be used to maintain access of the existing road, suitable road base material will also be installed to maintain site access. If dust control is needed, Ames will utilize their water truck using water from the WAGISTICS water depot on CR 60.5 (h) Water use. The only water to be used in conjunction with the borrow site operation, will be water applied to the on -site roads for dust control. Approximately 1,000 gallons of water per day will be used for dust Page 2 of 4 Exhibit C control. The source of this supply will be the same as the project's water source along Weld County Road 47 (i) Groundwater/surface water occurrence or disturbance. Ground water should not be encountered during this operation. If ground water is found the excavation will move away from the water. Ground water will not be pumped or moved from the site. Contamination of surface stormwater runoff will be controlled by diverting the runoff around the disturbed areas. This will be accomplished by perimeter berms of compacted soil around the excavation area. (j) Existing water rights Water rights will not be affected or impacted by the proposed borrow operation. (k) Refuse and acid or toxic producing materials. There are no known refuse, acid or toxic producing materials in the area of the proposed borrow. If they are encountered, borrow operations will cease and the materials will be contained in accordance with applicable laws and regulations. (1) Measures to minimize disturbance to hydrologic balance, off -site damage and provide for a reclaimed area that has a stable configuration consistent with the proposed future land use. Hydrologic balance - The proposed borrow operation impacts on the hydrologic balance will be minimal — groundwater should not be encountered (therefore, no dewatering).The reclaimed site will have a pervious cover of corn stalk and straw mulch which will not impact the pervious nature of the underlying sandy soils. Off -site damage — The boundaries of the excavation area and haul road will be clearly marked to prevent off -site damage during the borrow activities. Through the use of perimeter berms to prevent Page 3 of 4 Exhibit C stormwater from running through the disturbed areas, off -site damage due to contaminated stormwater runoff will be prevented. By conducting the borrow operations during the low precipitation months and in view of the sandy nature of the soils and gentle slope of the land, increased runoff flows are not anticipated. Completion of the reclamation plan for the site will remove the potential for future off - site damage. Stable configuration — The borrow area's slopes will be finished to a maximum 3:1 slope. This slope gradient, the features of the reclamation plan and the natural properties of the site's soils will result in a stable configuration of the reclaimed site that be suitable for the intended future use — rangeland. (m) On -site processing. There will be no on -site processing of the borrow materials. (n) Commodities to be extracted and their use The only commodity to be extracted at this site is the sandy soil. The material will be used for fill purposes on a county highway improvement project along Weld County Road 47. (o) No incidental products will be mined at the borrow site. (p) No explosives will be used in the operations at the borrow site. (q) Existing Utilities- If needed, Ames Construction and the Landowner will work with the companies with utilities on site to relocate them if needed. Gas lines will be given an additional 10' of easements on either side. If there is no easements, an easement buffer will be 25' on either side of the utilities as a safety precaution. Active gas wells on the site will be given a 200' radius; abandoned wells will be located and given a 50' radius from any active work operations. Page 4 of 4 Exhibit D Applicant: Ames Construction, Inc. Name of Site: Front Range Feedlot Borrow 2 Date: March 6, 2018 EXHIBIT D — Reclamation Plan & Noxious Weed Management Plan At the conclusion of the excavation activities, the site will be reclaimed by grading the excavation slopes to a final gradient and the excavation bottom to a uniform level. The vegetative growth support material, temporarily stored in the perimeter berms, will be placed on the excavation slopes and bottom. The constructed access road will be removed and its' disturbed area included in the reclamation activities — unless the property owner requests it be left for his future use. A detailed description of the Reclamation Plan is as follows: (1) (a) Overburden replacement There is no overburden to salvage and/or replace at this operation. (b) Reclaimed slope gradient The reclaimed slopes will be constructed to a 3:1 gradient. (c) Revegetation measures to reclaim the site. Ames will be utilizing Arnolds Agg to seed and we will have them follow the reclamation plans that will be utilized on the Weld County Road 49 Project. Prior to the placement and incorporation of the soil amendments, the perimeter berm will be removed and the berm material (vegetative support materials) will be spread over the borrow slopes, bottom and site roadway The revegetation measures would be performed in Fall of 2018 (d) The landowner has requested that the area in which material has be removed serve as a permeate aquifer recharging pond. Page 1 of 3 Exhibit D (e) All features have been previously addressed in the Reclamation Plan. (2) Cost estimate to reclaim the site. The point of maximum disturbance to site will be when the excavation activities are finished. Due to the configuration of the borrow, reclamation activities would not begin until that time. Since the excavation slopes were left at a 3:1 gradient during the borrow removal process, the remaining reclamation work would consist of removing the perimeter berms and placing the topsoil materials over the disturbed areas followed by the application of the recommended soil amendments, seed and mulch. Ames will only be seeding the slopes of the new pond to eliminate erosion of the bank of the pond, the breakdown is below. 1. Placement of salvaged topsoil: Quantity = 7,314 cubic yards Equipment: Self -loading scraper (similar to CAT 623) Dozer (similar to CAT D6) Labor: 2 equipment operators and V2 time foreman Production rate: 130 cubic yards per hour Hours required to complete = 2,314/150 = 48 hours Equipment costs per hour = $ 240.00 Labor costs per hour = $ 150.00 Total per hour = $ 390.00 Equipment and Labor Total = 48 hours x $ 390 = $ 18,720 Page 2 of 3 Exhibit D Mobilization: 2 pieces in and out = $ 0.00 (Ames onsite for county road project already. TOTAL for this item = $ 18,720 or $ 2.35/cubic yard. (No markup) 2. Seedbed preparation, application of soil amendments, seed and mulch. For the slopes The cost of performing these items, based on a quote from Arnold's Ag Group LLC is: Straw mulch Tackifier Seed : Total = $ 500/acre $ 1100/acre $ 375/acre $ 1,975/acre TOTAL for this item = 9 acres x $ 1,975/acre = $17,775 Total Cost to reclaim site = $ 17,775+ $ 18,720= $36,495. (3) Straw Mulch crimping method will be with a tractor disc with non - cutting blades so it will not cut the straw mulch. Application rate will be 2 TON (4000#) / ACRE. (4) Soil Amendments - In speaking with Arnold's Ag Group, they believe that the ground at this site will grow without amendments, but if the need arises, they recommend 500#/ACRE of Richlawn 723 Fertilizer. Page 3 of 3 Hired Gun Weed & Pest Control 25307 CR 50 Kersey, CO 80644 (970)405-3249 www.hgwc.net sales@hgwc.net Name / Address Ames Constuction 18450 E. 28th Ave. Aurora, CO 80011 Estimate Date Estimate # 11/16/2015 1138 Project [tern Description Qty y U/M Rate otal Broadcast Appli... 24 D DICAMBA AND MILESTONE CHEMICAL APPLICATION RECOMMEND A 3 TIME A YEAR APPLICATION TARGETING THISTLE, MULLEN, BINDWEED & SPURGE APPLICATION DURING SPRING, SUMMER & FALL SEASON PRICE IS PER APPLICATION Tech see map for details & specific instructions. Price is per application. HG recommends an application every 4-6 weeks throughout the growing season, or as needed. Application will suppress most weeds. We will return later in the season for a repeat treatment when the customer requests an additional application. Due to environmental product characteristics, weed control is NOT guaranteed. Allow 4 hours to dry. Please inspect within 12-15 days for quality control & contact office with concerns immediately. KEEP CHILDREN & PETS OFF UNTIL DRY! Application is applied per product label. 8 Acre 105.00 840.00 Total $840.00 Applicant: Ames Construction, Inc. Name of Site: Front Range Feedlot Borrow 2 Date: March 6, 2018 EXHIBIT E —Maps Exhibit E (1) Mining Plan Map Exhibit E (2) Reclamation Plan Map 502.007 sf FRONT RANGE FEED LOTS BORROW 2 PREPARED BY: AMES Construction, INC. MICHAEL VOLOSIN, PROJECT ENGINEER MARCH 8, 2018 PROPERTY OWNER: FRONT RANGE FEED LOTS S27 T6 R65 MINING LIMITS 3:1 SLOPE 12' DEPTH ABANDONED WELL WITH A 50' RADIUS BUFFER NOT TO BE REMOVED TOPSOIL STOCKPILE a MINING LIMITS 3:1 SLOPE 12' DEPTH FRONT RANGE FEED LOTS BORROW 2 PREPARED BY: AMES Construction, INC. MICHAEL VOLOSIN, PROJECT ENGINEER MARCH 8, 2018 PROPERTY OWNER: FRONT RANGE FEED LOTS S27 T6 R65 284.0 Feet N HAUL ROAD TO BE MAINTAINED BY AMES POND TO BE CONNECTED 707 ft l ti r<r: TOPSOILED SLOPE 3:1 SLOPE 12' DEPTH TOP EL. 4700 BOTTOM EL.4688 ABANDONED WELL WITH A 50' RADIUS BUFFER NOT TO BE REMOVED 213 f1 X204 ft 7 Applicant: Ames Construction, Inc. Name of Site: Front Range Feedlot Borrow 2 Date: March 6, 2018 EXHIBIT F - Other Permits and Licenses. The following Permits and Licenses are being obtained for this borrow operation: 1. Permit for Stormwater Discharge Associated With Construction Activities from Colorado Department of Public Health and Environment — Water Quality Division. 2. Weld County — The Weld County Planning Department has determined. that due to the short (less than six months), one time use of the borrow site, the standard Development Application process is inappropriate. Instead, subsequent to Ames Construction's application to Colorado Division of Reclamation, Mining and Safety for a Special Operations 111 Permit for the site, they will issue an `Agreement' for the use of the site. This Agreement would stipulate that the site is to be operational for less than six months and that the conditions and requirements of the 111 Permit be followed. STORMWATER MANAGEMENT PLAN FOR STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY STATE OF COLORADO GENERAL PERMIT APPLICATION FRONT RANGE FEEDLOT BORROW 2 WELD COUNTY, COLORADO March 6, 2018 STORMWATER MANAGEMENT PLAN NORTON'S BORROW WELD COUNTY, COLORADO PART I -SITE DESCRIPTION This plan describes the stormwater management activities planned during the opening, operation and closing of a construction materials borrow site located at 31 834 County Road 34, Weld County, Colorado. Specifically, the borrow site consists of 12 acres located in the Section 27, Township 6 North, Range 65 west of the sixth principal meridian, Weld County, Colorado. A. Description of Construction Activities Operations at this site will require salvaging of topsoil materials and creation of a perimeter berm, construction of a haul road, excavation and loading of borrow materials into transporting units for delivery to an off -site project, and upon completion of the excavation — final grading of the excavation slopes, replacement of the salvaged topsoil on the disturbed areas, application of corn stalk mulch, fertilizer, seeding mixture and straw mulch. The construction activities at the Front Range Feedlot Borrow 2 are a one-time occurrence. They will begin March, 19 2018 and will be complete by late May 31 ,2018. Reclamation will immediately follow the completion of the construction activity. B. Sequence of Major Activities The anticipated sequence of construction activities is as follows: • Salvage six inches of topsoil from borrow area and on -site haul road and place in compacted perimeter berms around the area of excavation. • Grade and construct on -site haul road to connect borrow area to existing on -site network of improved, heavy duty roads. • Evaluate the entrance/exit where the existing improved property road joins paved Weld County Road 66. This evaluation will determine if a vehicle tracking control pad needs to be constructed at this existing connection. • Perform excavation of borrow materials and direct load them into tractor -trailer units for transporting to an off -site project. • Upon completing excavation and hauling activities, grade excavation slopes to a maximum 3:1 gradient. Salvaged topsoil, previously placed in the perimeter berms, will be spread over the disturbed areas. • Perform disturbed area reclamation as suggested. This will include the application of seeding mix and straw mulch. This scenario will maximize and expedite the revegetation of the disturbed areas while minimizing the potential for erosion or stormwater runoff and/or erosion. C. Estimates of Area Involved Total area disturbed = 12 acres Borrow excavation = 11 acres Haul Road = 1.0 acres D. Runoff Coefficients and Soil Data Runoff coefficients were taken from the "Standard Requirements for Storm Drainage Design Criteria and Construction Standards" by the Weld County Tri- Area Sanitation District. The C values are: Undeveloped condition, 10yr. Storm: 0.25 The site soils are identified by the Soil Conservation Service as belonging to the Osgood Series which are described as deep well drained soils that formed in wind-blown sand deposits. These soils are well drained with low runoff potential and exhibit a high to very high saturated hydraulic conductivity. Per the Soil Conservation Service, due to their sandy nature, low organic content and droughtiness, Osgood soils are best suited for rangeland use - this is the current use of the borrow area. E. Existing Vegetation The site is currently has a small patch of familand used for sugar beets F. Potential Pollution Sources Potential pollutant sources, including materials and activities at the site were evaluated for the potential to contribute pollutants to stormwater discharges. That evaluation resulted in the following identified potential pollutant sources: • Areas of soil disturbance • Vehicle tracking of soil • Equipment maintenance and fueling. Expanding upon the results of that evaluation: Areas of soil disturbance — The salvaged topsoil will be placed in a compacted berm around the area to be excavated. With this technique: • all runoff from the disturbed area will be contained and will seep into the sandy soil and not be discharged • all surface runoff from adjoining areas will be diverted around the disturbed area and thus will not be contaminated. The perimeter berm will be constructed and maintained as detailed in BMP EC -8 found in the appendices. Vehicle tracking of soil — The borrow excavation will require the construction of an on -site haul road to connect the excavation site to the existing on -site roads. The distance traveled on the existing roads from the connection with the new road to the present exit onto County Road 66 and the high quality of the existing road at the exit makes it highly unlikely that soil will be tracked onto the public highway. However, the situation will be monitored during the hauling activities and if soil tracking is observed a Stabilized Entrance will be constructed and maintained as detailed in BMP SC - 8 found in the Appendices. Equipment maintenance and fueling — No fuel or petroleum products will be stored at the excavation site and the hauling units will be maintained and fueled at the off -site main project area. The excavation equipment will be fueled and serviced at the excavation site. Pollution prevention procedures to be followed during fueling and servicing activities are covered in the Spill Prevention Control and Countermeasures (SPCC) Plan found in the Appendices. G. Anticipated Non-stormwater Discharge No dewatering activities will occur at this site and no discharges are anticipated from other non -storm water sources. H. Receiving Waters Precipitation tends to infiltrate the area's sandy soils rather than leaving the area as surface runoff, thus a network of surface drainage features is not well developed. The area of the borrow slopes gently to the south and precipitation that does not infiltrate the sandy soil leaves the area as surface sheet flow. PART Ill - BMP'S for STORMWATER POLLUTION PREVENTION A. Erosion and Sediment Controls 1. Perimeter Berms. Temporary, compacted perimeter berms will be constructed around the edge of the excavation area to prevent runoff from disturbed areas being discharged and to prevent surface runoff from adjoining areas entering the disturbed areas. 2. Stabilized Construction Entrance — A stone stabilized pad will be constructed at the existing property ingress and egress to County Road 66 if it is determined the borrow excavation/hauling activities are resulting in mud being tracked onto the highway. This pad will function to minimize the amount of mud transported onto public roads by vehicles. 3. Spill Prevention Control and Countermeasures Plan (SPCC) - Attached B. Materials Handling and Spill Prevention No fuel or like materials will be stored on -site. Any required maintenance activities will be performed in a manner that minimizes the risk of release of hazardous substances. The containment of any accidental release of a hazardous substance will be initiated immediately. The start of cleanup work of any accidental release of a hazardous substance will be initiated within 24 hours of its discovery and proceed without delay to its completion. C. Final Stabilization and Long-term Storm Water Management Permanent seeding will be used to stabilize all unpaved areas disturbed by construction activities. The final stabilization of the disturbed areas will begin as soon as practicable after construction activities are complete. D. Other Controls Good housekeeping practices will be observed on the construction site. Containers will be provided for trash/debris and will be emptied on a regular basis and the contents disposed of at a permitted solid waste landfill. Construction equipment will be regularly inspected for leaks or conditions that could lead to discharges coming into contact with storm water. All leaks, drips, or spills will be cleaned up immediately and leaking equipment will be repaired or removed from the site. E. Inspection and Maintenance All erosion and sediment control devices will be inspected for condition after each rainfall event or snowmelt that produces significant runoff, or as a minimum, once every fourteen days. All deficiencies will be corrected within 24 hours of discovery to maintain all control features as designed. Subsequent to the performance of the final reclamation activities and prior to the establishment of adequate vegetation growth, the reclaimed areas will be inspected to ensure that follow-up erosion control measures are not required. Inspection and maintenance reports will be completed and maintained by Ames as the inspection and maintenance activities are conducted. Documents will also be maintained that note the following dates: • Start of major grading operations • Permanent cessation of major grading operations • Initiation of stabilization measures A copy of the Storm Water Management Plan will also be maintained at the project field office for this construction site. APPENDICES Spill Prevention Control Countermeasure Plan (SPCC) AMES CONSTRUCTION, INC. Spill — Prevention - Control - Countermeasure SPCC Front Range Feedlot Borrow 2, Weld County Wage Scope This is to provide spill prevention, control, and countermeasure plans SPCC. Purpose To establish an awareness of the basic concepts of preventing spills and timely recovery if they happen on this site during general industry practices. If an incident takes place information must be communicated to the supervision and if needed the emergency personnel responding to the project to insure an organized safe effort is conducted to protect life, environment, and property damage. The purpose is meant for basic emergency preparedness for responding to accidents or incidents involving the transportation of chemical materials. The purpose is not intended for employees whose primary function is emergency response. Materials Handling and Spill Prevention. ❖ It should be noted that there is no fuel storage anticipated at the Front Range Feedlot Borrow 2 site The following are material management practices that shall be used to reduce the risk of spills or other accidental exposure of materials and substances to storm water runoff. Good Housekeeping: The following good housekeeping practices will be followed onsite during the construction project: 1. An effort will be made to store only enough material required to do the job. 2. Personnel will be familiar with proper safety handling using PPE listed by the Manufacture and or the Safety Data Sheets (SDS) 3. Materials that can potentially spill from a container stored on site will be stored in a neat, orderly manner in their appropriate containers and if needed protected from weather or within secondary containment as needed. 4. Until used, products will be kept in their original containers with the original manufacturer's label, once in use proper containment and labeling standards shall be followed. 5. Substances will not be mixed with one another unless recommended by the manufacturer. 6. Whenever possible, all of a product will be used up before disposing properly of the container. 7. Manufacturers' recommendations for proper use shall be followed. 8. Any remaining chemicals shall be disposed of according to manufacturers' recommendations and in accordance with Federal, State and local regulations. 9. The SWMP Administrator and onsite Management will inspect regularly to ensure proper use and disposal of materials onsite. 2IPage Hazardous Products: These practices are used to reduce the risks associated with hazardous materials, but are not limited to using additional experience and trained techniques. 1. Products will be kept in original containers unless they are not re -sealable. 2. Original labels and material safety data will be retained. 3. Products will be handled by personnel trained in the safe handling and use of PPE relative the products. 4. If surplus product must be disposed of, manufacturers' or local and State recommended methods for proper disposal will be followed. Product Specific Practices: These are in general context and specific direction should be determined through the CDOT Specifications and the SDS's as well as experience and trained techniques. Petroleum Products: All onsite vehicles will be informally monitored for leaks and receive regular preventative maintenance to reduce the chance of leakage and encourage safe operations. Petroleum products for vehicle and equipment operation and maintenance will be stored in tightly sealed containers which are clearly labeled. Any asphalt substances used onsite will be applied according to the manufacturer's recommendations. Leaks occur generally as a result of faulty, old or improperly maintained equipment or storage facilities. If unintentional leaks are detected, the operator will identify and abate the material immediately. For impervious surfaces, an absorbent material will be used to soak up the liquid wastes and then swept up and placed in a contained unit for proper disposal. When leaks are detected on soils, the operator will remove contaminated soils from the earth and place them in a contained unit for proper disposal. Containers used for contaminated materials will be clearly marked and kept from coming into direct contact with storm water. Storage or fueling areas where leaks can occur shall be inspected visually on a regular basis. Efforts taken to abate unintentional leaks and repair faulty equipment should be recorded in the activity log. Unintentional leaks must not be confused with spills and should be identified accordingly. Fertilizers: Fertilizers will be applied only in the minimum amounts recommended by the manufacturer. Once applied, fertilizer will be worked into the soil to limit exposure to storm water. Storage will be in a covered and contained area. The contents of any partially used bags of fertilizer will be transferred to a sealable plastic bin to avoid spills. Soil amendments will be spread and tilled into the soil immediately upon arrival to the site in order to minimize direct contact with storm water runoff. Spill Control Practices: In addition to the good housekeeping and material management practices discussed previously in this plan, the following practices will be followed for spill prevention and cleanup: Safety Data Sheets (SDS) recommended methods for spill cleanup should be kept in the job trailer and site personnel will be made aware of the procedures and the location of the information and cleanup supplies. 3IPage Materials and equipment necessary for spill cleanup will be kept in the material storage area onsite. Equipment and materials will include but are not be limited to: brooms, dust pans, mops, rags, gloves, goggles, absorbent powder / kitty litter, sand, sawdust, and plastic and metal trash containers specifically for this purpose. The operator will inform the jobsite personnel that if a spill of any size occurs they are to always notify the SWMP manager and, depending on the nature and severity of the spill, the operator will contact the EPA, downstream users and other regulatory agencies. When any spill occurs: 1) Notify the supervisors of the site immediately following a hazardous spill. 2) Document the spill and its clean-up procedures whether reporting is required or not. 3) At a minimum document the following: • Nature of spill • Quantity of spill • Date/time spill occurred • Agency notification if necessary • Clean-up procedures used • Daily monitoring (7 days) after clean-up • Photographs • Interview(s) with any witnesses of the event General guidelines for clean-up procedures: • First priority is your individual safety, an assessment of the spill is critical to keeping the area safe and minimizing the spill. • Determine the PPE by reviewing the special protection section of the Safety Data Sheets for the chemical involved. • Immediately control or stop the release/spill • Mitigate the spill area as needed with a spill prevention kit, and or based on the severity use containment techniques such as soil berms or other non-combustible material over and around the chemical. Provide special care to protect man maid conveyances and waterways. • Obtain approved secondary containers to store any absorbents used • Report the spill to the Responsible Person on the jobsite for determination if further reporting is required or if emergency notification is appropriate. • Provide clean up in a timely manner to completing proper storage and or disposal. Selso Salazar -Regional Safety Manager (303) 944-4528 Doug Eischens-Regional Equipment Manager (303) 887-5902 Gary Irons -Shop Supervisor (303) 944-8382 Region 8 Emergency Response Spill Report Hotline 1-800 424-8802 WQCD Toll Free 24 -hour Env. Emergency Spill Reporting Line: 1-877-518-5608 4IPage COLORADO nt of Public Environment Dedicated to protecting and improving the health and environment of the people of Colorado Robert Gillis, Sr VP Ames Construction Inc 18450 E 28 Ave Aurora, CO 80014 DATE: 11/15/2017 MEMO RE: Certification, Colorado Discharge Permit System Permit No., COR030000, Certification Number: COR035378 DIVISION CONTACTS: Brittany Curtis, Admin, at 303-692-3608, Debbie Jessop WGL 303-692-3590 ATTACHMENTS: Certification COR03S378, General Permit, Highlight Sheet, Termination Application The Water Quality Control Division (the Division) has reviewed the application submitted for the Ames Construction Horton Borrow Site facility and determined that it qualifies for coverage under the CDPS General Permit for Stormwater Discharges Associated with Construction Activities (the permit). Enclosed please find a copy of the permit certification, which was issued under the Colorado Water Quality Control Act. FEE INFORMATION: 7 acres An application fee of $$175.00 - 50% of the annual fee) will be assessed for all new applications received between July 1, 2017 and June 30, 2018. Beginning July 1, 2018 an annual fee of $ $350.00 category 7, subcat - Stormwater Construction 1-30 acres per CRS 25-8-502] will be assessed and invoiced every July for as long as the permit certification is in effect. All certifications terminated prior to July 1, 2018, will not be invoiced the annual fee for the year beginning July 1, 2017. It is the responsibility of the permittee to submit a termination application when the permit is no longer needed. Fees are assessed and invoiced for every permit that is active July 1 of the fiscal year. Permits for which termination applications are received by June 30 of the current fiscal year will not be invoiced for the new fiscal year. CERTIFICATION RECORDS INFORMATION: The following information is what the Division records show for this certification. For any changes to Contacts - Legal, Facility, or Billing - a "Notice of Change of Contacts form" must be submitted to the Division. This form is also available on our web site and must be signed by the legal contact. Facility: Ames Construction Horton Borrow Site Construction Activities Non-structural and other development Legal Contact (receives all legal documentation pertaining to the permit Robert Gillis, Sr VP Ames Construction Inc 18450 E 28 Ave Aurora, CO 80014 Facility Contact (contacted for general inquiries regarding the facility): Michael Volosin,PE Ames Construction Inc 18450 E 28 Ave Aurora, CO 80011 Billing Contact (receives the invoice pertaining to the permit certification): Justin Chatelain, BM Phone number: 303-363-1000 Ames Construction Inc Email: justinchatelain@amesco.com 18450 E 28 Ave Aurora, CO 80011 ADMINISTRATIVE CONTINUATION EXPLANATION: The Division is currently developing a renewal permit and associated certification for the above permitted facility. The development and review procedures required by law have not yet been completed. The Construction Stormwater General Permit, which expired June 30, 2012, is administratively continued and will remain in effect under Section 104(7) of the Administrative Procedures Act, C.R.S. 1973, 24-4-101, et seq (1982 repl. vol. 10) until a renewal permit/certification is issued and effective. The renewal for this facility will be based on the application that was received 11/8/2017 All effluent limits, terms and conditions of the administratively continued permit are in effect until the renewal is complete. WeldCounty certification): Phone number: 303-363-1000 Email: robertgillis@amesco.com Phone number: 303-882-7231 Email: mikevolosin@amesco.com 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe John W. Hickenlooper, Governor I Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer Applicant: Ames Construction, Inc. Name of Site: Front Range Feedlot Borrow 2 Date: March 6, 2018 EXHIBIT G - Source of Legal Right -to -Enter See attached Borrow Agreement Applicant: Ames Construction, Inc. Name of Site: Front Range Feedlot Borrow 2 Date: March 6, 2018 EXHIBIT G - Source of Legal Right -to -Enter Please find the agreement for rights to excavate and enter Front Range Feed Lots Property in the enclosed signed agreement MATERIAL BORROW AGREEMENT PURCHASE AGREEMENT (Aggregate Materials or Fill) This Agreement is made and entered this 8 day of November 2017 by and between: Front Range Feed Lots , located at 3178 County Road 43, Greeley, CO ("Seller"), and Ames Construction, Inc., a Minnesota Corporation located at 2000 Ames Drive, Burnsville, MN 55306 ("Ames"). A. Seller is the owner of, or legally controls a parcel of land consisting of approximately 7 acres, more or less, and located in WELD County, Colorado, described in the attached Attachment A (the "Property"); and B. Ames desires to purchase certain sand, gravel, rock or dirt located on the Property for the limited purposes hereinafter described; and C. Seller represents and warrants to Ames that it has all requisite authority to, and desires to enter into this Agreement with Ames on the terms provided herein; Now therefore, in consideration of good and valuable consideration, and of the covenants and conditions hereafter set forth, the parties agrees as follows: 1. Grant. Seller hereby grants permission to Ames and its successors and assigns, to have access to the Property for the purpose of mining and removing any sand, gravel, rock, dirt or other material desired to be removed from the Property by Ames within the boundaries of the Property ("Substances"). 2. Term. This Agreement shall be for a term of until June 30, 2018 commencing on its execution. 3. Royalty Payments. After execution of this Agreement, and upon the verification of the approval of any and all required permits by all required government bodies, Ames shall pay to Seller R a royalty at the following rate: APPROX 50,000 SY of Asphalt Millings from CR47 I C `r APPROX 4,000 SY of Asphalt Chunks from CR47 — t 333 C r This is in exchange for approximately 87,000 CY of excavated material from the agreed upon area. z•t Jt', l 3. I Ames shall pay the seller in asphalt detailed above delivered to Front Range Feed Lot, 24755 WCR 60 %2 Greeley, CO 3.2 Payment shall be based solely on Ames' load counts, and payment shall be due thirty (30) days after Ames receives payment for the Substances incorporated into the project for which the Substances are being purchased. 3.3 Upon completion of this Agreement, The Seller will sign and release a waiver statue; that the asphalt millings and chunks replace any monetary compensation. c- Y MdV ' . 4. Ames' Rights. Ames shall have the right to use so much of the surface and subsurface of the Property as may be reasonably necessary to carry out the purposes of this Agreement so long as such use does not violate any permits, regulations or laws of any federal, state or local agencies. 5. Removal of Ames' Property. Ames shall remove all of its tools, equipment or other property from the Property at the termination of this Agreement. 11116/2017 1 MATERIAL BORROW AGREEMENT 6. Records and Reports. Ames shall keep a reasonably accurate record of its operations concluded or related to its business on the Property showing the dates and the amount of Substances removed from the Property. 7. Place and Manner of Payment. All SLIMS payable to the Seller shall be made not later than 30 days following the close of each payment period of this Agreement and shall be mailed to the Seller at the address first stated in this Agreement. 8. Rights of Seller. Seller shall have the right at all reasonable times and at Seller's own risk and expense, to enter into and upon the Property for the purpose of examining and inspecting the same. However, heavy equipment and trucks in use by Ames shall always have the right of way. 9. Access. Seller represents and warrants to Ames that it has the right of access, ingress to and egress from the Property without fee or toll. 10. Federal, State and Local Law. Ames agrees to comply with all applicable federal, state and local statutes, regulations and ordinances, including but not limited to applicable statutes, regulations and standards relating to mining of the Substances; air, water and land pollution; disposal of, liquid, solid and/or hazardous waste; and workers and unemployment compensation. 1 I. Indemnification. Ames shall indemnify and hold harmless Seller and its heirs, successors, and assigns, and the Property, from claims, actions, or causes of action arising out of or relating to damage, or injury, including death of any person, or damage to property of any kind resulting from or connected with the activities of Ames on the Property pursuant to this Agreement or resulting from the use or misuse of the Property by Ames, its agents or employees. However, Ames shall not be required to indemnify or save harmless Seller or his agents, heirs, successors, assigns, relatives and employees from costs or damages to the extent resulting from the negligence or intentional acts of Seller or his agents, contractors, invitees, trespassers, heirs, successors, assigns, or employees. 12. Taxes. 12.1 shall be responsible for and pay any and all gravel taxes due for all Substances mined or extracted from the Property (if any). 12.2 Ames shall be responsible for all taxes such as occupational taxes, and income taxes that arise as a result of its mining operation. 12.3 Seller shall be and remain responsible for income taxes for royalties paid and for all property taxes installments of special assessments, mortgages, lease payments, royalties, and all other taxes, duties, liens or encumbrances related to the Property during the term of this Agreement. 13. Insurance. Ames shall, at its own expense, maintain policies of insurance written by one or more companies which will insure Ames against liability for injury to or death of persons or loss of or damage to property occurring in or about the Property. The liability coverage under such insurance shall be in the minimum amount of One Million Dollars per injury and One Million Dollars per occurrence and property damage in the amount of One Million Dollars. Ames shall also maintain automobile liability insurance in the amount of One Million Dollars. Ames shall pi vide seller a certificate of insurance showing such coverage at Seller's request. Me S 14. Licenses and Permits. Except as otherwise set forth herein, , t ler shall be res risible for obtaining all licenses, permits and other such approvals required by applicable governmental entities. Seller agrees to cooperate fully with Ames to obtain and maintain any permits to implement the terms of this Agreement. 11/16/2017 2 MATERIAL BORROW AGREEMENT 15. Default. 15.1 The failure of Ames to make any payment due at the time and in the manner provided or a failure to perform the covenants and conditions on the part of Ames to be kept and performed, in the manner and at the times specified, shall constitute a default by Ames and shall, at the option of Seller, be cause for termination. 15.2 if Seller fails to perform each and all of the covenants and conditions, on the part of the Seller to be kept and performed, in the manner and at the times specified, such shall constitute a default by Seller and shall, at the option of Ames, be cause for termination. 15.3 In the event of such exercise of the option to terminate this Agreement by either party, the non -defaulting party shall mail a notice to the defaulting party stating that this Agreement shall be terminated within sixty (60) days from the date of mailing of said notice. lf, within said sixty (60) day period, the default is not corrected, this Agreement shall terminate. In such event, the aggrieved party may pursue specific performance or money damages at their option in the District Court for the County where the Property is located. 16. Parties Bound. The provisions of this Agreement shall bind and inure to the benefit of parties hereto, their legal representatives, and their heirs, successors and assigns. 17. Restoration. Ames shall cooperate with-Seller—in--futfrtli,ng e les bltga ions restore the mined area of the Property t a condition necessary to comply with any required permits. �n ccLC -. ‘,O.3\n )04,1 18. Condition Precedent. The commencement of Ames' obligations under this Agreement shall not begin until all necessary permits or approvals are obtained. 19. Law and Venue. This Agreement shall be governed by, and construed in accordance with the laws of the State where the Property is located. 20. Entire Agreement. The parties acknowledge and agree that the provisions contained herein, including all exhibits attached hereto, constitute the entire agreement. No alterations, amendments, changes or modifications, shall be valid unless by an instrument in writing by all the parties with the same formality as this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and yeah?t above written. SELL Sinatuje Sellers SSN: or TIN Witness: B Printed Name: -Ti` I I/16/2017 3 ONSTRUCTION, INC. Its: Selrl i or Vice ere (d eb4 Applicant: Ames Construction, Inc. Name of Site: Front Range Feedlot Borrow 2 Date: March 6, 2018 EXHIBIT H - Municipalities Within a Two-mile Radius Greeley city limits are approx. 2.3 miles from the Borrow site, the proposed permit area is not within any city limits. SEE ATTACHED Applicant: Ames Construction, Inc. Name of Site: Front Range Feedlot Borrow 2 Date: March 6, 2018 EXHIBIT I - Proof of Filing with County Clerk See attached. Applicant: Ames Construction, Inc. Name of Site: Front Range Feedlot Borrow 2 Date: March 6, 2018 EXHIBIT J - Proof of Mailing of Notices to Board of County Supervisors and Soil Conservation District. See attached Applicant: Ames Construction, Inc. Name of Site: Front Range Feedlot Borrow 2 Date: March 6, 2018 EXHIBIT L - - Permanent Man -Made Structures Please Find the Damage Waiver for the structure owner and the memo regarding the abandoned gas well Applicant: Ames Construction, Inc. Name of Site: Front Range Feedlot Borrow 2 Date: March 6, 2018 EXHIBIT J - Proof of Mailing of Notices to Board of County Supervisors and Soil Conservation District. See attached Ames Construction, Inc' 18450 E. 28th Ave. Aurora, Colorado 80011 T 303-363-1000 • F 303-363-4101 March, 9, 2018 Division of Reclamation, Mining, and Safety 1313 Sherman Street, Room 215 Denver, Colorado 80203 Re: 111 Construction Material Reclamation Permit Application Package, Horton's Borrow, Permit M2017- 053 RE: Rule 6.2 — General Requirements of Exhibits Dear Mr. Scott: Ames Construction, Inc. has identified a well, Swanson Farms #7-27EG, within two hundred feet of the affected area. The Swanson Farms #7-27EG well is abandoned and the operator, Coors Energy Company, is no longer in business. Ames Construction, Inc. has made numerous attempts to identify the current legal contact for the well. Despite these efforts, Ames was unable to ascertain this information. Ames Construction, Inc. will stake and then confirm the location of the abandoned well. A buffer with a radius of fifty feet will be established around well Swanson Farms #7-27EG. This shall suffice for the new permit application If you have any questions or concerns, please feel free to contact me. Sincerely, Michael Volosin An Equal Opportunity Employer Scottsdale AZ • Corona CA • Aurora CO • Burnsville MN • West Valley City UT • Carlin NV Applicant: Ames Construction, Inc. Name of Site: Front Range Feedlot Borrow 2 Date: March 6, 2018 EXHIBIT K — Terms of Governmental Contract Ames Construction Inc. is a subcontractor Interstate Highway Constructors which have a contract with Weld County for WCR 49 Design Build Project. (See Attached) -30110 Interstate Highway Construction August 22, 2017 ADDENDUM NO.2 7135 South Tucson Way, P.O. Box 4356 Englewood, Colorado 80155 Telephone (303) 790-9100 Fax (303) 790-8524 The Subcontract, dated December 2, 2015, between INTERSTATE HIGHWAY CONSTRUCTION, INC., Contractor, and AMES CONSTRUCTION, INC., Subcontractor, for: IHC JOB NO.: PROJECT NAME: OWNER: PROJECT NO.: LOCATION: is amended as follows: 3097 Weld County Road 49 Design Build Project From US 34 to 1-76 Weld County, Colorado B1400202 Weld County, Colorado Add Change Order 2 to the Subcontract for referenced project. Attached are: • Change Order No. 2 Schedule A • Change Order No. 2 Schedule B 1. All other conditions of the Subcontract remain the same. Subcontractor and Contractor agree to the above. AMES CO CTIONNC. ;r IHC By: 'Sem° v} Witness: Date: 8 "Z $ —201r Date: ``,tttttttttMot.g • 14. SEAL 162. iue A RALPH C. WILSON COMPANY trttjttutttti���``�`` An Equal Opportunity Employer Page 1 of I SCHEDULE A TO SUBCONTRACT SCHEDULE OF SUBCONTRACT WORK ITEMS BY AND BETWEEN INTERSTATE HIGHWAY CONSTRUCTION, INC. AND AMES CONSTRUCTION, INC IHC JOB # 3097A CHANGE ORDER #2 Subcontractor shall furnish labor, material, tools, equipment and do all things necessary to perform the work herein described in accordance with the specifications and as shown on the drawings. Subcontractor shall be paid the lump sum amount labeled Total at the bottom of this Schedule. All items are complete according to the Contract unless otherwise stated in Schedule B. Line Item Description Approx Quantity Unit Unit Price 10 201 Clearing And Grubbing LS 20 202 Removal Of Structure EACH 30 202 _ Removal Of Concrete Ditch Lining LF 40 202 Removal Of Pipe LF 60 202 ,, Removal Of Asphalt Mat S SY 100 ;; " 202 .: Remove & Reprocess CTB (12" Depth) SY 110 __ _ 203 Unclassified Excavation (CIP) CY 120 203 Embankment Material (CIP) CY 130 203 Muck Excavation CY 140 203 Proof Rolling HR 150 203 Utility. Potholing HR 170 206 Structure Excavation CY 180 206 Structure Backfill (Flow -Fill) CY 190 206 Structure Backfill (Class 1), CY 200 207 opsoil (Stockpile and Redistribute) CY 270 208 Temporary Berms LF 370 304 Aggregate Base Course (Class 6) TON 380 304 regate Base Course (Class 7) (Shouldering) TON 440 420 Geotextile (Subgrade Reinforcement) - Partial Item SY 450 506 Riprap (12 Inch) CY 460 507 Grouted Riprap (12 Inch) CY 470 507 Concrete Slope And Ditch Paving (Reinforced) LF 480 601 Concrete Class B CY 490 602 Reinforcing Steel (Epoxy Coated) L LB 500 603 15" Reinforced Concrete Pipe LF 510 603 18" Reinforced Concrete Pipe LF 520 603 18" Reinforced Concrete Pipe - Bend Section EACH 530 603 24" Reinforced Concrete Pipe IF 540 603 30" Reinforced Concrete Pipe LF 550 603 36" Reinforced Concrete Pipe LF 560 603 23" X 14" Reinforced Concrete Pipe - Elliptical LF 570 603 30" X19" Reinforced Concrete Pipe - Elliptical LF 580 603 30" X1 W' Reinforced Concrete Pipe - Bend Section EACH 590 603 38" X 24" Reinforced Concrete Pipe - Elliptical IF 600 603 53" X 34" Reinforced Concrete Pipe- Elliptical _. LF 610 603 _ 68" X 43" Reinforced Concrete Pipe" - Ellipticat, LF 620 603 76" X 48" Reinforced Concrete Pipe - Elliptical LF 630 603 15" Reinforced Concrete End Section EACH 640 603 18" Reinforced Concrete End Section E EACH. 650 603 24" Reinforced Concrete End Section EACH Page 1 of 2 Line Item Description Approx Quantity Unit Unit Price 660 603 36" Reinforced Concrete End Section EACH 670 603 23" X 14" Reinforced Concrete End Section - Elliptical EACH 680 603 30" X 19" Reinforced Concrete End Section - Elliptical EACH 690 603 38" X 24" Reinforced Concrete End Section - Elliptical EACH 700 603 53" X 34" Reinforced Concrete End Section - Elliptical EACH 710 603 68" X 43" Reinforced Concrete End Section - Elliptical EACH 720 603 7 76" X 48" Reinforced Concrete End Section - Elliptical , EACH 730 603 15" Corrugated Steel Pipe LF 740 603 18" Corrugated Steel Pipe_. LF 750 : 603 24" Corrugated Steel Pipe LF 760 603 36" Corrugated Steel Pipe LF 770 603 15" Equivalent Corrugated Steel Pipe Arch (13" X 1T') LF 780 603 18" Equivalent Corrugated Steel Pipe Arch (15" X 21") LF 790 603 24" Equivalent Corrugated Steel Pipe Arch (20" X 28") LF 800 603 15" Plastic Irrigation Pipe LF 810 603 18" Plastic Irrigation Pipe _ _ LF 820 603 24" Plastic Irrigation Pipe LF 830 603 24" Plastic Irrigation Pipe (Material Only) L LF 840 603 30" Plastic Irrigation Pipe _ LF 850 603... 15" Plastic Pipe -Bend Section EACH 860 603 _ - 1Plastic Pipe - Bend Section 8" EACH 870 603 30" Plastic Pipe - Bend Section EACH 880 603 4' X 2' Reinforced Concrete Box Culvert LF 890 603 4' X 4' Reinforced Concrete Box Culvert LF 900 603 7' X 2' Reinforced Concrete Box Culvert LF 910 603 7' X 3' Reinforced Concrete Box Culvert LF 920 603 16" Ductile Iron Pipe LF 930 603 _ 18" Ductile Iron Pipe LF 940 603 30" Ductile Iron Pipe LF 950 603 - 16" Ductile Iron Pipe - Bend Section EACH 960 603 , 18" Ductile Iron Pipe - Bend Section EACH 970 6 603 30" Ductile Iron Pipe - Bend Section EACH 980 604 Manhole Slab Base (5 Foot) EACH 990 604 Manhole Slab Base (10 Foot) EACH 1080 607 Fence Masonry (Sound Barrier) (96 Inch) LF 1200 626 Mobilization LS 1200 626 Mobilization -.Bond LS Total > , Page 2 of 2 SCHEDULE B TO SUBCONTRACT SUBCONTRACT SPECIAL PROVISIONS BY AND BETWEEN INTERSTATE HIGHWAY CONSTRUCTION, INC. AND AMES CONSTRUCTION, INC. ORIGINAL IHC JOB # 3097 - CHANGE ORDER #2 IHC JOB # 3097A 1. IHC project # 3097A is a Change Order that falls under Weld County Roads Project # B1400202 which is a Design Build Contract. Change Order #2 is not a Contractor design build and has been designed by Weld County with a Schedule of Values. This Change Order will be paid and administrated by Contractor as a Lump Sum Contract in the amount of which is based on a bid set of drawings dated 3/17/17 produced by Weld County. The only exception being quantity overruns or undemms on Topsoil based on : cys at : per cy and Muck Excavation based on per cy which will be adjusted on a unit price basis. 2. Interim monthly payments will be based on percent complete. 3. If significant changes are made in the issuance of the RFC drawings, Ames will be provided the opportunity to negotiate these changes in good faith with Weld County. 4. Subcontractor has included all mobilizations required to support its work. 5. The following are clarifications relating to Subcontractors items of work: Removal Items: • Clearing and grubbing includes vegetation, bushes, trees, stumps, and concrete rubble found in the ditches. All other removals and demolition by others. • Removal of structures primarily includes existing irrigation structures and headwalls, driveway bridges and flared end sections. • Removal of Asphalt Mat is based on 8" average depth; removed in chunks, hauled and dumped at the Weld County Maintenance Yard on WCR 60-1/2 for free. • Removal of CTB includes the removal and/or reclamation of the anticipated 12" thick layer of Cement Treated Base, located under existing WCR-47. The material will be processed and re -used as embankment in accordance with project requirements. No of site removal or placement in specific areas of the embankments is included. It is priced to process the material in -situ and place in the nearest fill. Earthwork: • Unclassified Excavation and Embankment includes 43,400 cubic yards of 8" MDC (subgrade preparation), per General Note #11 of the plans. • Construction water to be obtained from the fire hydrants on the southern end of the project. • Muck Excavation includes excavation and offsite waste, furnish and install fabric and importing borrow dirt material. • Import of required additional embankment is included in Embankment Material (CIP). Schedule B To Subcontract Page 1 of 3 IHC and Ames Construction, Inc. IHC Job #3097A Topsoil: • Topsoil includes stripping, stockpiling and replacing with no import included. • Topsoil Stripping at 59,460 cy includes the stripping of 12" in farm fields and 6" in all other locations containing topsoil. • Of the 59,460 cys approximately 18,500 will be required on the slopes. The balance of approximately 41,960 cys will be loaded, hauled and stockpiled by Subcontractor near county road intersections along the project for removal by others. Erosion control for stockpiles, if required, will be by others. Storm Drain: • 12" Riprap includes 6" of Class A Filter and Geotextile Fabric. • All RCP pipe is Class III. • Bedding is priced as imported pit material, figured to spring -line. • RCP flared end sections include an 8" Toewall (reinforced), per WCR-49 IFC details. • One of the 48"x76" RCPE includes removal of two (2) existing flared end sections and connecting to the existing pipes (per the profile view notes). Concrete collars were assumed for the connections. • Headwalls are included in the Concrete CL B bid item. Irrigation Structures: • All irrigation work must be completed during the irrigation no -flow season. The no -flow season is anticipated to occur between November 1, 2017 and March 15, 2018, but is subject to change per landowner requirements. • Irrigation gates and steel grates have been included in the Concrete CL B item. Irrigation Piping: • All irrigation work must be completed during the irrigation no -flow season. The no -flow season is anticipated to occur between November 1, 2017 and March 15, 2018, but is subject to change per landowner requirements. • All RCP pipe is Class III. Plastic pipe is figured as PIP (Plastic Irrigation Pipe), rated at 80psi. • Bedding for all RCP is priced as imported pit material, figured to spring -line. • Bedding for plastic pipe is priced as imported pit material, figured to 12" over the pipe. • RCP flared end sections include an 8" Toewall (reinforced), per WCR-49 IFC details. Base Course Geotextile Reinforcement: • All base material is priced from the J2 Pit on WCR-58. • J2's price increase for material has been included. • All base items for Class 6 are combined. • Subgrade for PCCP is to be grade ready to pave. • Subgrade for Asphalt paving is to be grade ready to pave. • A 6ft paver track line is included in the Aggregate Base Course (Class 6). • Class 7 material shall be used for shouldering base. • Geotextile (Subgrade Reinforcement) is a partial item that includes installation only. Materials to be provided by others. Schedule B To Subcontract Page 2 of 3 IHC and Ames Construction, Inc. IHC Job #3097A Miscellaneous: • Subgrade for paving will be completed no later than 5/31/18. 6. The following items will be excluded from Subcontractor's items of responsibility and will be supplied or performed by others as required: • Sales Tax on Permanent Materials. • Builder's Risk and Pollution Liability Insurance. • Removal or Relocation of Existing Utilities. • Temporary Diversions at Irrigation Canals or Ditches. • Construction Surveying and As -Built Drawings. • Street Sweeping. • QC Testing. • Permit fees, except those required for Subcontractor's items of work. • Erosion Control /BMPs — Temporary and Permanent. • Vehicle Tracking Pads. • Concrete Washouts. • Importing Topsoil or Organic Amendments for On -site Topsoil. • Importing Class 6 or any other pit product for the replacement of muck excavation. • Spraying or Control of Noxious Weeds. • Dust Control for Contractor or its Subcontractors. • Detour Paving — Detour Paving Scope Deleted. • Maintenance of Traffic. • Headwalls, wingwalls and aprons at RCP drainage pipe ends unless shown on the plans. Those shown on the plans are included in the CL B Concrete item. If not shown on the plans, Subcontractor assumed they are not required and therefore not included. Schedule B To Subcontract Page 3 of 3 rims sue is the roc tton of a pnaptt ed mining epett uon. Ames C:on.+truction. Inc., whose midst:ss anti phone number i>:1+S450 E :8' Ave., Aurora. CO (.403i +63-1t0). has applied for a Reclamation Permit with the Colorado Mined Land Reclamation fiattf. `Anyone wishing to comment on the apphcsi;vn ma) view the application at the WELD County Clerk and Recorder's Office. 1402 N. I7' Ares, Caccley, CO 80631. and should semi ctVTNtcats Prior to the end of the ,+ublic comment pcn•d to ,fist Dtvi:ion of Rcelamatton. Mining end Seetc, DO Sherman St.. Rvou 213, Dem•.et, r'Dior .itio Rt1203. Ames Construction 18450 E 28th Avenue Aurora, CO 80011 T 303-363-1000 • F 303-363-4080 March 13, 2018 Weld County Commissioners 1150 O St, Greeley, CO 80632 Re: Filing of Mining Reclamation Permit with County Commissioners Attn: Weld County Commissioners I, Michael Volosin of Ames Construction, Inc., have submitted the Construction Material Special 111 Operation Reclamation Permit entitled Front Range Feedlots 2 with the County Commissioners Weld County. Enclosed is a Weld County Commissioners Witness to certify that they have received the enclosed revised application. Name: k1 - Date: 3— I (n — l % Michael Volosin Project Engineer Title: - f ,L C1Q,it r2,oa,ksib ECEIVED MAR 16 2018 WELD COUNTY COMMISSIONERS Signature: An Equal Opportunity Employer Burnsville MN • Scottsdale AZ • Corona CA • Aurora CO • West Valley City UT • Carlin NV
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