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Home My WebLink About20180658.tiff(1987 COE Wetlands Delineation Manual) Project/Site: 1' Applicant/Owner: Investigator: P.. v P -- Do Normal Circumstances exist on the site? Is the site significantly disturbed (Atypical Situation)? Is the area a potential Problem Area? (if needed, explain on reverse.) VEGETATION Dominant Plant Species 2.Plutiew arwitifOCCCk t 1,(.VIl1 g a/veiti SP 4. _ S. _ 6. _ 7. _ 8. Stratum Indicator Percent of Dominant Species that are OSL. FACW or FAC (excluding FAC-). Yes Yes Dominant Plant S 9 10. 11. 12. 13. 14. 1S. 16. Remarks; Feeder D t fah No ecies Date: County: State: Community ID: !l Transect ID: Plot ID: Stratum Indicator HYDROLOGY Recorded Data (Describe in Remarks): Stream, Lake, or Tide Gauge Aerial Photographs _~ Other _ No Recorded Data Available Reid Observations: Depth of Surface Water: Depth to Free Water in Pit: Depth to Saturated Soil: 0 (in.) O u Q (in.) fin.) Wetland Hydrology Indicators: Primary Indicators: }Irundated %/Saturated in Upper 12 Inches Water Marks rift Unes ")ediment Deposits Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 Inches Water -Stained Leaves Local Soil Survey Data FAC-Neutral Test Other (Explain in Remarks) Remarks:. UUttnaintd_ 2018-0658 Plant Habitat Survey for Spiranthes diluvialis at a Proposed Gravel Pit Project at the Derr Property Near Greeley, Colorado Prepared by: Darcy A. Tiglas 5015 Swainsona Drive Loveland, Colorado 80537 May 2006 Plant Habitat Survey for Spiranthes diluvialis at a Proposed Gravel Pit Project at the Derr Property Near Greeley, Colorado INTRODUCTION Ms. Darcy A. '1'iglas was contracted by habitat survey for the Ute ladies' -tresses orchid (Spiranthesnsulting Solutions siie at the Derr Property on eBalsam Avenue near Greeley, ' proposed (dcs) gravelto .conduct a diluvialis) at a proposed for potential orchid habitat. If habitat was observed, a survey would be conducted pit project Colorado. The project area was surveyed August : during the orchid's flowering in late : July or early the roe a period. Weld County will ultimately mine the aggregate from property �' through a mineral lease agreement. This report outlines the methods and results of the survey conducted to determine the presence or i absence of suitable habitat for the federally threatened plant species, the Ute lad diluvialis) at the Derr Property. es' -tresses (Spiranthes METHODS Survey methodology follows guidelines specified by the United States Fish and (USFWS) as outlined in the Interim Survey Requirements for Spiranthes diluvialis Wildlife Service All wetlands and wet areas identified within the proposed project area were tig (USFWS t potent habitat for the Ute ladies' -tresses orchid, investigated for potential All vegetation communities within the project area were assessed for suitable habitat for the orchid. PROJECT LOCATION This site is located on the east side of Greeley, Colorado and lies on the east north of Eighth Street or Highway 263.pside of Balsam Avenue southwest ' of the northeast 14 Township 5 North, Range 65 West. The area lies in the middle of Section 4 s the 40 minutes, 6 seconds and the latitude is 40 degrees, 25 longitude is 104 degrees, 40 coordinates are Zone 13, Eason 528178 and Northing minutes, 44 seconds. The NAD 27 UTM coordinates for 'the site are Zone 13, Eastin 528133 4475206. The WGS 84 (NAD 83) UTM g and Northing 4475414. The elevation of the project area is approximately 4,630 feet above sea level. Figure 1 presents a vicinity ma of project area. Figure 2 presents the project area within the Greeley, Colorado USGS quadrangthe le map. QUALIFICATIONS OF THE SURVEYOR The Spiranthes diluvialis habitat survey was conducted by Darcy A. Tiglas. qualifications and plant species -of -concern survey experience are included surveyor visited a known population of Spiranthes diluvialis on July 14, 1999. The surveyor's general in Appendix A. The The known population ,LK ..i.....1 i-'1 1 : ee . P'anrvall... • Figure 1 Vicinity Map Derr Gravel Pit • cJv'- .4O101. \. -r ,,k....7'.: r. ,y; (/ fir //:^,., r7,.,f iy� \ V. irk 0. -. —7 r ;` #o55; f!� ...,:,...s...„.....„.„..—. _._...' 4646.. _ t. .. • FRS '''''-'7-1': .. t ••,-! z.,. •I•13 '-•••,lam'--- J 11__-f� Fats 5 i 114652 ` ;77,7777'77 Rig ch ital • 4.2',„ �srr 1{. 1 Nit �IF'G NOV mita • 0 aiZr,l:� '�:-- r ; '••`tin "'J '! Figure 2 Project Area Map Derr Gravel Pit rr ; � .,ft• '464/- 6u i; 4549 • u 46:34 • !{i ~14, v{ • ?.1669" _• t..°. 14566 •_ /'.-ic7F;t Giakezfqr • 4643 4643 .,., . • 4%• ° • 11 Linn GrOv Grauet rii is located in Boulder County, Colorado near the intersection of United States Iighway 36 and Foothills Parkway. SURVEY DATE The field reconnaissance at the project site for the habitat evaluation was conducted on May 16, 2006. SURVEY SITE SELECTION CRITERIA Any wet areas, depressions, or riparian zones within the project area were evaluated for potential habitat for Spiranthes diluvialis. An irrigation ditch is located on the property and brings excess surface water across the middle of the site. A stock pond was located in the southwest corner of the site until recently when the landowner filled in the pond. Several ponds occur to the south of the site and are similar to the pond that was tilled and will be used for reference for this study. Emergent vegetation in the form of a monoculture dominates these wetlands. Rangeland and rural residential lands surround the property and within the project area most of the vegetation is weedy and disturbed. Native shortgrass steppe vegetation occurs in a thin band along the eastern edge of the project area. Surface water is present on the site due to irrigation runoff from agricultural fields to the north and. northeast of the, site as well as from the north and northwest edge of the site. RESULTS Appendix B presents photographs of the project area. The majority of the project area is dominated by upland and weedy/disturbed vegetation. The ditch proper is dominated by a herbaceous strata of graminoids with sporadic woody growth emerging along the ditch banks. The pond was dominated by a monoculture of cattail emergent and grass with very little infiltration of other species. Surrounding upland areas are xeric and weedy and there is a clear demarcation between the vegetation associated with the wetter areas and these surrounding areas. This topography and landscape is typical of the Eastern plains of Colorado. The plant communities within the project area are dominated by palustrine complexes. Two distinct communities were identified within the project area. Community A. This community is associated with a small feeder ditch that carries water from the northeast quarter of the property toward the southwest corner of the property. The ditch is small and shallow, but does hold pockets of surface water throughout the year. This area is characterized as a palustrine/emergent/persistent community. Several seedling plains cottonwood (Populus deltoides) are present along the ditch bank and constitute the dominant tree in the community. Reed canarygrass (Phalaris arundinacea) is the dominant grass present. The canarygrass forms a thick monoculture along the ditch. The dominant forb in this community is Canada thistle (Cirsium arvense). Little potential habitat for the orchid occurs within this community due to the presence of a dense monoculture of Reed canarygrass along the banks. Thus, there is little opportunity within this community for the orchid to establish. Community B. This community is associated with the pond at the southwest corner of the property. The pond was filled by the property owner prior to my field work efforts, but an adjacent pond and previous vegetation species list work supported the' following description of the pond. Soil pits were dug at the filled pond site to assist in the determination of the soil field characteristics at the site This area is characterized as a palustrine/emergent/persistent community. Reed canarygrass was the dominant grass and broad-leaved cattail (Typha latifolia) was the dominant forb in this community. Little potential habitat for the orchid occurs within this community due to the presence of a dense monoculture of. Reed canarygrass along the shoreline of the pond and broad-leaved cattail on the bottom of the pond. Thus, there is little opportunity within this community for the orchid to establish. SUMMARY Two communities have been identified within the project area. Little suitable habitat for the orchid is present within the project area and any marginal habitat opportunities for the orchid are quickly eliminated or reduced within the project area due to a dominance of monocultures that form dense stands throughout the site. REFERENCES United States Fish and Wildlife Service (USFWS). 1992. Interim Survey Requirements for Spiranthes diluvialis, July 13, 1992. Ref: FWE/CO:ES:Plants-Spiranthes diluviahs Ute ladies '-tresses orchid. Issued November 23, 1992. APPENDIX A QUALIFICATIONS OF THE SURVEYOR OUALIEICATIOATS OF SURVEYOR Darcy A. Tights Plant Ecologist ACADEMIC HISTORY >M.S. 1990 Range Science, Colorado State University, Fort Collins, Colorado ) B.A. 1987 Biology and Political Science, Central University of Iowa, Pella, Iowa >A.A. 1984 Liberal Arts, Cottey College, Nevada, Missouri BOTANICAL SURVEY EXPERIENCE 'City of Fort Collins, Soapstone Natural Area, Colorado, 2005.. 'Foster Wheeler, AT&T/PFNet Fiberoptic Co., California, 2000. •Tiglas Ecological Services, Weld County, Colorado. 1999-2005 z•e M, Chino Mines Copper Mine, Hurley, New Mexico, 1998. •e2M, Western Area Power Administration, Vernal, Utah, 1998. •Tiglas Ecological Services, PB Roche Constructors, Weld County, 1997. •ENSR, Westport Oil and Gas, Fryburg, North Dakota, 1997. •Greystone, Westport Oil and Gas, McKenzie County, North Dakota, 1996. •Greystone, Platte River Power Authority, Longmont, Colorado, 1996. •Greystone, Lassen national Forest, California, 1996. •Greystone, Independence Mining Company, Elko, Nevada, 1995. •Greystone, Barrick, Beatty, Nevada, 1995. •Greystone, City of Chico, Chico, California, 1995. •Greystone, ANZ.A Electric, Idylwild,'Californ.ia, 1995. •Greystone, LAC Bullfrog, Beatty, Nevada, 1995. • Greystone, Mountain Coal Company, Somerset, Colorado, 1994. •Greystone, Meridian Oil Company, Englewood, Colorado, 1994, •Greystone, Cellular One, Denver, Colorado, 1994. • Greystone, Public Service Company of Colorado, Eastern Colorado, 1994, 1996. •Greystone, Weld County, Greeley, Colorado, 1994, 1995, 1996, 1998. •Greystone, Lutheran Medical Centre, Arvada, Colorado, 1994. •Greystone, York Management, Englewood, Colorado, 1994. •Greystone, Fluor Daniel Services, Rifle, Colorado, 1994, 1995. •Greystone, Natural Gas Company, Nebraska and Iowa, 1994. •The S.M. Stoller Corporation, Sale Lake, Boulder, Colorado, 1993. •The S.M. Stoller Corporation, Rocky Flats Plant, Golden, Colorado, 1992, 1993. •The S.M. Stoller Corporation, Adam's Rib, Eagle, Colorado, 1993. •The S.M. Stoller Corporation, Terrero Mine, Pecos, New Mexico. 1992. THREATENED, ENDANGERED, and SENSITIVE PLANT SURVEYS CONDUCTED NEVADA Genus / Species Antennaria arcuata Astragalus funereus Eriogonunr lewisii Lathyrus grimesii Lathyrus hitchcockianus Phacelia m nutissima Trifolium leibergii NORTH DAKOTA Genus / Species Agrostis exarata Astragalus aboriginum Astragalus drummondii Astragalus gracilis Astragalus vexilliflexus Boisduvalia glabella Bromus carinatus Ccwex fbenea Carex haydenii Carex stir piformis Cheilanthes feel Chenopodiwn. subglabrum Clematis tenttiloha C'ollinsia parviflora Survey dates: March 1995, May 1991 Common Name Meadow pussytoes Funeral Mountain Milk -vetch Lewis buckwheat Grimes vetchling Mojave sweet pea Least phacelia Leiberg clover Common Name Spike bentgrass Indian milkvetch Drummonds milkvetch Slender milkvetch Bent -flowered milkvetch Smooth spike -primrose Mountain brome Silvertop sedge Hayden's sedge Canadian single -spike sedge Slender lipfern Slimleaf goosefoot Matted purple virgins -bower Blue lips Survey Status Candidate 2 Candidate 2 /watch Candidate 2 Candidate 2 Candidate 2 / watch Candidate 2 Candidate 2 dates: September 1994, 1996 Status Watch / GS S I Watch / G5 S2S3 Watch / G5 S I Sensitive - Watch / G4 53 Watch / G5 S 1 S2 Watch / GS S1 Watch/ G5 S 1 S2 Sensitive Watch / GS S 1 S2 Sensitive Sensitive / G? S1 Watch / G?T'? S Sensitive THREATENED, ENDANGERED, and SENSITIVE PLANT SURVEYS CONDUCTED C'ry ptantha fendleri Fendler's cryptantha Sensitive. Cn'ptant/ut torreyana Torreys cryptantha Watch , , Gs SH Dalea enneandra Nine-anthered dalea Erigeron divergens Spreading fleabane Erigeron ochroleucus Sensitive Watch/ G5 Si Bluff fleabane Sensitive Erigeron radicans Eriogonum cernuum Taprooted fleabane Watch / G3 S1 Nodding buckwheat Sensitive Eriogonunz vishcri Luphorhia robusta Vishers buckwheat Sensitive / G3 S253 Rocky Mountain spurge Sensitive Fritillaria pudica Lechea stricta Lesquerella montana Yellow bell Watch / G5 SFr Upright pinweed Sensitive Bladdeipod Sensitive Leucocrinum nzontanunz M. uhonia repens Sand lily Sensitive / G5 S2 Creeping barberry Sensitive Mentzelia pumila Myosurus aristatus Low stickleaf Sensitive / G? S 1. Sedge mousetail Watch / G? S1 Oenothera lacinata Orohanche rnultiflora Cutleaf evening primrose Watch / G5 SI-i? Oxiytropis sericea Yellow broomrape Watch / G? S I White locoweed Watch / G5 S 1 Phlox alyssifolia Physaria brassicoides Alyssum -leaved phlox Sensitive / G5 S1S2 Double bladderpod Sensitive Phzusf1exitiS Polygonzznz douglasii Limber pine Sensitive / GS S 1 Douglas' knotweed Sensitive Potamogeton amplifolius Large -leaved pondweed Sensitive Potamogeton diversifilius Potentilla diversi f olia Water thread pondweed Watch / G5 S2S3 Diverse -leaved Cinque -foil Watch / G5 S 1. THREATENED, ENDANGERED, and SENSITIVE PLANT SURVEYS CONDUCTED Potentilla tridentatca Three -leaved cinquefoil Watch / G5 S l Populus x acuminata Populus xjackii Populus balsainifera ssp. trichocarpa Psoralea tenuiflora Ranunculus carioph}Thus R'ibes cercum Rorippa calycina Smilax ecirrhata Sporobolus airoides Slephanomeria tenuifolia Talinum parviflorum Townsendia hookeri Verbesina enceliodes Rydbergs cottonwood Balrn-of-gilead Black cottonwood Sensitive / SI Sensitive Sensitive / G5 Si Slim -flowered scurfpea Sensitive Heartleaf buttercup Watch / G4 S 1 Western red currant Sensitive Persistant yellowcress Watch; C2 / G> SH Greenbriar Watch / G? S I S2 Alkali sacaton Sensitive / G5 S2 Narrow -leaved wire lettuce Sensitive Prairie fameflower Watch / *** GS SU Hookers townsendia Watch / O5 S 1 Golden crownbeard Sensitive Viola conspersa NEBRASKA, Genus / Species Platanlhera praeclara Bog violet Sensitive Common Name Western prairie fringed orchid Survey dates: July 1994 Status Threatened IOWA Genus / Species Asclepias meadii Lespedeza leptostachya Common Name Mead's milkweed Prairie bush clover Survey dates: July 1994 Status Threatened Threatened Platanthera praeclara Western prairie fringed orchid Threatened THREATENED, ENDANGERED, and SENSITIVE PLANT SURVEYS CONDUCTED COLORADO Genus / Species Aristida liasiranrea Astragahrs hrandegei Astragalus debequaeus Astragalus inicrocv/nhils Gaura neomexicana sp. coloradcnsis Lomatiumi Concinnuin Loniatium latilo/nmz ii'fentzelia argillosa Common Name Fork -tip threeawn Brandegee milkvetch Debeque milkvetch Skiff milkvetch Colorado butterfly weed Colorado desert parsley Canyonlands lonatium Sevier blazing star Survey dates: May -August 1992-2005 Status Candidate 2 Candidate 2 Candidate 2 Candidate 2 Federal Threatened; Candidate 1 Candidate 2 Candidate 2 Candidate 2 Penstemon debilis Penstemon harringtonii Penstemon mensaruln Penstemon retrorsus Plracelia subnnatica Parachute penstemon Harrington beardtongue Grand Mesa beardtongue Adobe beardtongue • • Debeque: phacelia Ptilagrostis porteri Porter's needlegrass Sclerocactus glaucus Uinta Basin hookless cactus Candidate 2 Candidate 2 Candidate 2 Candidate 1 Candidate I Candidate 2 Threatened Spiranthes clr'luviclli.c Ute ladies' -tresses orchid Threatened NEW MEXIC() Genus / Species Asclepius uncialis Common Name Trinidad milkweed Survey dates: June 1992. 1998 Status None Astrcgahts cyaneus Cyanic to i lkvetch Astragalus puniceus Cjpripedium pubescens Trinidad milkvetch Erigernn subglaber Golden lady's slipper Pecos fleabane None None Forest Service Sensitive Forest Service Sensitive H THREATENED, ENDANGERED, and SENSITIVE PLANT SURVEYS CONDUCTED Neuchera pulchella Ipnmopsis sanctispiritr.rs Serophularia nzacrantlur 1V nnbres figwort BIM Sensitive Silene nr•fhtii Species of Concern Mini m hunzil c' UTAH AND WYOMING Genus / Species Lepidiuta barnebyanum Sandia alumroot None Holy ghost ipomopsis Candidate 2 Wright's catchfly Common Name Baroeby:ridge-cress L csqucrella tumulosa Bladderpod Lesquerella garrettil Ute ladies' -tresses CALIFORNIA Survey dates: April 1995, September 1995July 1991 Survey dates: July 1991, 1998 Candidate 2 Threatened Genus / Species Common Name Status Arabis johnstonii Calochortus munzii Johnston's rock cress Munz's mariposa lily Sensitive Watch C.aloclwrlus palmeri Palmer's mariposa lily Watch Calochorters plurrrnerae Pluiivner's mariposa lily Watch Campanula wilkinsiana Wilkin's harebell Sensitive Caulanthtrs simulans Payson's jewelflower- Delphinium hesperium Cuyamaca larkspur Echinoccreus engelrnannii Sensitive Watch Mute's hedgehog cactus Sensitive Eriogonum folioszt,n Fritillar•in etrstwon(liae Leafy buckwheat Watch Butte County l ritillaiy Sensitive Galium californic•um California bedstraw Sensitive THREATENED, ENDANGERED, and SENSITIVE PLANT SURVEYS CONDUCTED Bernizonia rnohavensis MOMojave tarplant Watch Lavia ziegleri Ziegler's layia Sensitive Lepidluin barnebyanwn Barneby ridge -cress PE Lupinus dalesiae 11 �achaeranther a CUflescens Ziegler's aster Sensitive Malacothamnus parishu Parish's bush mallow - Sensitive Mimulusp1 gmaeus Egg Lake mon.keyflower ,Sensitive Monardella macrantha Quincy lupine Sensitive Hall's nionardella Sensitive Monardella nana San Felipe Monardella- • Sensitive. Penstemon californicus California beardtongue Sensitive Penstemon persoriatus Ribes canthartforme Closed -throated beardtongue Sensitive Moreno currant Sensitive Sambucus mexicana Sanicula tracyi Blue elderberry Sensitive Tracy's sanicle Sensitive Scutellar is holanderi Southern skullcap Watch Silene invisa Short -petaled tampion Sensitive ;S'trepranthus bernardinus Laguna Mountain jewelflower Sensitive APPENDIX B PHOTOGRAPHS OF PROJECT AREA V=;_'\4 of 6 C hi' 1.1111m-0ot-1 ditch litt)liin north fl -urn cntr lncL' r(qlii. • 0 �'tt�� 'i{ tit+lldilwcstcorne'r fii site: h'LTC.' pond used to hc Iron) cuttancc road, i1 !t'i! 1J]CJ pond Silt' r\tth fc ricncc pond to ;he s_ nih. Uf rcft'rcncc pond looking Ill.trthc;ir;i firm k:Lisarn AvCfUe_ {e\‘. ttt lined Ilt;n(1 Sits. Atilt 1 re Cc1.`ncc (h>nd t(=so-nih. Vien.ww ni rctcroncc: pond ;nc?L.iri nOrthi'ast, from B:tis;ani vcnue. EXHIBIT K Climate Climate information was available for the City of Greeley weather station from the Western Regional Climate Center. The climate data collected from 1967 through 2017 indicates the total annual precipitation at the site to be approximately 14.06 inches per year and annual mean temperature to be approximately 50 degrees Fahrenheit. Monthly average temperature and precipitation data for the 38 -year period of record are provided in the following table; Average Monthly Temperature (°F) Average Monthly Precipitation (inches) Maximum Minimum January 41.3 15.5 0.50 February 47.0 20.1 0.37 March 55.6 26.8 1.08 April 63.9 34.8 1.79 May 73.1 44.1 2.45 June 83.4 52.7 1.90 July 89.5 58.1 1.48 August 87.5 56.0 1.15 September 79.2 46.8 1.11 October 66.3 35.4 1.03 November 50.6 24.5 0.78 December 42.1 16.6 0.41 Mean/Total 65.0 36.0 14.06 J&T Consulting, Inc. Derr Pit Project DRMS112 Permit Amendment EXHIBIT L Reclamation Cost A phased and cumulative bonding approach has been provided for the Derr Pit Project. The required financial warranty amounts have been provided to reflect the phasing and quantities. Below is a summary table of the financial warranty required for each phase and the cumulative financial warranty required as the mining progresses through the phases. Additional Financial Warranty Required Cumulative Financial Warranty Phase 1 $1,368,498 $1,368,498 Phase 2 $589,380 $1,957,878 Phase 3 $985,120 $2,942,998 Phase 4 $14,983 $2,957,982 Phase 5 $1,240,513 $4,198,494 Phase 6 $490,475 $4,688,970 Phase 7 $1,036,590 $5,725,560 These amounts assume that no reclamation activity has occurred. As each new phase is started, the financial warranty for that phase will be posted with the Division. When a phase has been reclaimed, inspected, and accepted by the Division, the associated financial warranty for that phase will then be reduced/released to 20% of the financial warranty required for that phase. Please see the attached calculations for details of the costs and quantities used to determine the financial warranty required for each phase of mining. J&T Consulting, Inc. Derr Pit Project DRMS112 Permit Amendment J'T J&T Consulting, Inc. Reclamation Bond Quantities and Costs © 2018 AT Consulting!. Inc. Broken Arrow Investments, LLC Derr Pit 2/12/2018 tpy Summary of Unit Costs Direct costs Re -applying topsoil 6" thick Revegetating disturbed area Dewatering full pit Slurry Wall Cost (85 foot average depth) (0-50 ft @ $3/ft - 51-70 ft @ $4/ft - 71-85 ft @ $18nt) Slurry Wall Cost (70 foot average depth) (0-50 ft @ $3/ft - 51-70 ft @ $4/ft Scarifying Ground Mobilization Overhead and Profit Costs Liability insurance Performance bond Profit Proiect Management Engineering and bidding Management and administration $1,800.00 /acre $1,000.00 /acre $200.00 / million gallons $470.00 / linear foot $230.00 / linear foot $200 / acre $2,500 lump sum 1.55% 1.05% 10.00% of direct cost of direct cost of direct cost Total Overhead Cost 12.60% of direct cost 4.25% 5.00% of direct cost of direct cost Total Additional Cost 9.25% of direct cost JT JET Consulting, Inc. Reclamation Bond Quantities and Costs © 2018 J&T Consulting. Inc. Broken Arrow Investments, LLC Derr Pit 2/12/2018 tpy Phase 1 (6.92 acres) Reclamation Operation Active Mining Area Scarifying Disturbed Area Topsoil Placement Disturbed Area Revegetate Disturbed Area Slurry Wall Required to Close Phase 1 (85 ft Depth) Dewatering of Phase 1 Area Mobilization Quantity Unit Unit Cost Cost 0.6 0.6 0.6 2,324 79.4 1.00 ac ac ac If $200 $1,800 $1,000 $470 Mil. Gal. $200 Is $2,500 $120 $1,080 $600 $1,092,280 $15,880 $2,500 Total Direct Cost $1,112,460 Overhead and Profit Cost (12.60%) $140,170 Contract Cost $1,252,630 Project Management (9.25%) $115,868 Financial Warranty Required For Phase 1 $1,368,498 Phase 2 (6.80 acres) Reclamation Operation Active Mining Area Scarifying Disturbed Area Topsoil Placement Disturbed Area Revegetate Disturbed Area Credit for Slurry Wall Required to Close Phase 1 (85 ft Depth) Slurry Wall Required to Close Phases 1-2 (85 ft Depth) Dewatering of Phase 2 Area Mobilization Quantity Unit Unit Cost Cost 0.6 0.6 0.6 (2,324) 3,301 78.1 1.00 ac ac ac If If Mil. Gal. Is $200 $1,800 $1,000 $470 $470 $200 $2,500 $120 $1,080 $600 ($1,092,280) $1,551,470 $15,620 $2,500 Total Direct Cost $479,110 Overhead and Profit Cost (12.60%) $60,368 Contract Cost $539,478 Project Management (9.25%) $49,902 Additional Financial Warranty Required For Phase 2 Cummulative Financial Warranty Required For Phases 1-2 $589,380 $1,957,878 Phase 3 (8.21 acres) Reclamation Operation Active Mining Area Scarifying Disturbed Area 0.7 ac Topsoil Placement Disturbed Area 0.7 ac Revegetate Disturbed Area 0.7 ac Credit for Slurry Wall Required to Close Phases 1-2 (85 ft Depth) (3,301) If Slurry Wall Required to Close Phases 1-3 (85 ft Depth) 4,954 If Dewatering of Phase 3 Area 96.5 Mil. Gal. Mobilization 1.00 Is $2,500 $2,500 Quantity Unit Unit Cost Cost $200 $140 $1,800 $1,260 $1,000 $700 $470 ($1,551,470) $470 $2,328,380 $200 $19,300 Total Direct Cost $800,810 Overhead and Profit Cost (12.60%) $100,902 Contract Cost $901,712 Project Management (9.25%) $83,408 Additional Financial Warranty Required For Phase 3 Cummulative Financial Warranty Required For Phase 1-3 $2,942,998 $985,120 J&T Consulting, Inc. Reclamation Bond Quantities and Costs © 2018 J&T Consulting. Inc. Broken Arrow Investments, LLC Derr Pit 2/12/2018 tpy Phase 4 (9.90 acres) Reclamation Operation Active Mining Area Scarifying Disturbed Area Topsoil Placement Disturbed Area Revegetate Disturbed Area Credit for Slurry Wall Required to Close Phases 1-4 (85 ft Depth) Slurry Wall Required to Close Phases 1-4 (85 ft Depth) Dewatering of Phase 4 Area Mobilization Quantity Unit Unit Cost Cost 0.8 ac 0.8 ac 0.8 ac (4,954) If 4,922 If 111.6 1.00 $200 $160 $1,800 $1,440 $1,00O $800 $470 ($2,328,380) $470 $2,313,340 Mil. Gal. $200 $22,320 Is $2,500. $2,500 Total Direct Cost $12,180 Overhead and Profit Cost (12.60%) $1,535 Contract Cost $13,715 Project Management (9.25%) $1,269 Additional Financial Warranty Required For Phase 4 Cummulative Financial Warranty Required For Phase 1-4 $14,983 $2,957,982 Phase 5 (16.71 acres) Reclamation Operation Active Mining Area Scarifying Disturbed Area Topsoil Placement Disturbed Area Revegetate Disturbed Area Slurry Wall Required to Close Phase 5 (70 ft Depth) Dewatering of Phase 5 Area Mobilization Quantity Unit Unit Cost Cost 10.3 10.3 10.3 4,082 180.8 1.00 ac ac ac If Mil. Gal. Is $200 $1,800 $1,000 $230 $200 $2,500 $2,060 $18,540 $10,300 $938,860 $36,160 $2,500 Total Direct Cost $1,008,420 Overhead and Profit Cost (12.60%) $127,061 Contract Cost $1,135,481 Project Management (9.25%) $105,032 Additional Financial Warranty Required For Phase 5 Cummulative Financial Warranty Required For Phase 1-5 $1,240,513 $4,198,494 Phase 6 (11.68 acres) Reclamation Operation Active Mining Area Scarifying Disturbed Area Topsoil Placement Disturbed Area Revegetate Disturbed Area Credit for Slurry Wall Required to Close Phase 5 (70 ft Depth) Slurry Wall Required to Close Phases 5-6 (70 ft Depth) Dewatering of Phase 6 Area Mobilization Quantity Unit Unit Cost Cost 4.7 4.7 4.7 (4,082) 5,621 140.7 1.00 ac ac ac If If Mil. Gal. Is $200 $1,800 $1,000 $230 $230 $200 $2,500 $940 $8,460 $4,700 ($938,860) $1,292,830 $28,140 $2,500 Total Direct Cost $398,710 Overhead and Profit Cost (12.60%) $50,237 Contract Cost $448,947 Project Management (9.25%) $41,528 Additional Financial Warranty Required For Phase 6 $490,475 Cummulative Financial Warranty Required For Phase 1-6 $4,688,970 J&T Consulting, Inc. Reclamation Bond Quantities and Costs © 2018 j&T Consulting. Inc. Broken Arrow Investments, LLC Derr Pit 2/12/2018 tpy Phase 7(14.71 acres) Reclamation Operation Active Mining Area Scarifying Disturbed Area Topsoil Placement Disturbed Area Revegetate Disturbed Area Credit for Slurry Wall Required to Close Phase 5-6 (70 ft Depth) Slurry Wall Required to Close Phases 5-7 (70 ft Depth) Dewatering of Phase 7 Area Mobilization Quantity Unit Unit Cost Cost 13.1 ac $200 $2,620 13.1 ac $1,800 $23,580 13.1 ac $1,000 $13,100 (5,621) If $230 ($1,292,830) 8,964 If $230 $2,061,720 159.8 Mil. Gal. $200, $31,960 1.00 Is $2,500 $2,500 Total Direct Cost $842,650 Overhead and Profit Cost (12.60%) $106,174 Contract Cost $948,824 Project Management (9.25%) $87,766 Additional Financial Warranty Required For Phase 7 $1,036,590 Cummulative Financial Warranty Required For Phase 1-7 $5,725,560 EXHIBIT M Other Permits and Licenses Broken Arrow Investments, LLC will apply for and obtain the following permits and / or notices prior to commencement of any mining or mining -related activities at the proposed Derr Pit site: Colorado Office of the State Engineer ■ Well Permit — Prior to exposing ground water • Temporary Substitute Supply Plan — Prior to exposing ground water Colorado Department of Public Health and Environment ■ Air Pollution Emission Notice (already obtained) ■ Colorado Discharge Permit System (already obtained) Weld County ■ Use By Special Review Permit (already obtained for original permit area but need amendment for additional area) ■ Flood Hazard Development Permit (obtained for original permit area and do not need an additional permit for amendment area as it is outside floodplain) J&T Consulting, Inc. Derr Pit Project DRMS112 Permit Amendment EXHIBIT N Source of Legal Right to Enter By Owner of Affected Land and Substance to be Mined: Global Asset Recovery, LLC 6530 Constitution Drive Fort Wayne, IN 46804 Mr. Eric Scott Environmental Protection Specialist, P.G., R.G. Department of Natural Resources Division of Reclamation, Mining and Safety 1313 Sherman Street Room 215 Denver, CO 80203 Re: Derr Pit - Broken Arrow Investments, LLC, Construction Material Regular (112) Operation Reclamation Permit Amendment Application Mr. Scott: Please accept this letter as evidence that the applicant, Broken Arrow Investments, LLC, has permission to enter and initiate a mining operation on the affected lands. By signing this letter, I warrant that I have the legal and sole ownership of the affected lands and substance to be mined, and authority to offer this permission. Thank you, Robert A. Baker State oft )ss County of The foregoing inslurpent was acknowledged before me this t7 day o ' L ( )S" * „ by a av- -- 5i ^"' as ftVti."..5-✓ ,f OFFICIAL SEAL MICHAEL S HOLLIS NOTARY PUBLIC - INDIANA ALLEN COUNTY Comm. Nod. i8, 2021 Notary Public My Commission Expires parr Pit Project DRMS112 Permit Amendment RI' ,t&T Consulting, Inc. EXHIBIT N Source of Legal Right to Enter By Owner of Affected Land and Substance to be Mined: Dust & Dirt Excavating, LLC 6530 Constitution Drive Fort Wayne, IN 46804 Mr. Eric Scott Environmental Protection Specialist, P.G., R.G. Department of Natural Resources Division of Reclamation, Mining and Safety 1313 Sherman Street Room 215 Denver, CO 80203 Re: Derr Pit - Broken Arrow Investments, LLC, Construction Material Regular (112) Operation Reclamation Permit Amendment Application Mr. Scott: Please accept this letter as evidence that the applicant, Broken Arrow Investments, LLC, has permission to enter and initiate a mining operation on the affected lands. By signing this letter, I warrant that I have the legal and sole ownership of the affected lands and substance to be mined, and authority to offer this permission. Thapkyou, a. Robert A. Baker Manager State of ow% h ) )ss County of rq i it ) ',�.Thh�. foregoing i nstru ment was acknpwiedged before me this 14 - day C.__ V�tl v+ r em as vLA, f OFFICIAL SEAL MICHAEL S H0LLIS NOTARY PUN COUNTY Comm. ALLEComm. r'_':; Nov 18,2021 Notary Pub c My Commission Expires Den. Pit Project DRMS 1 t 2 Permit Amendment Rill. JET Consulting, Inc. EXHIBIT O Owner of Record of Affected Land (Surface Area) and Owner of Substance to be Mined Mr. Robert A. Baker Global Asset Recovery, LLC 6530 Constitution Drive Fort Wayne, IN 46804 Mr. Robert A. Baker Dust & Dirt Excavating, LLC 6530 Constitution Drive Fort Wayne, IN 46804 See Attached Deeds J&T Consulting, Inc. Derr Pit Project DRMS112 Permit Amendment 4135284 08/20/2015 08:15 AM Total Pages: 8 Rec Fee: $46.00 Doc Fee: $90.00 Carly Koppes - Clerk and Recorder, Weld County, CO When recorded return to: Global Asset Recovery, LLC 6530 Constitution Drive Fort Wayne, IN 46804 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is dated August +4,, 2015, and is by and between Sorin Natural Resource Partners, LLC, a Colorado limited liability company, whose mailing address is 1530 16th Street, Suite 300, Denver, CO 80202 ("Grantor") and Global Asset Recovery, LLC, an Indiana limited liability company, whose mailing address is 6530 Constitution Drive, Fort Wayne, IN 46804 ("Grantee"). WITNESS, that Grantor, for and in consideration of the sum of Ten and 00/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto Grantee and its successors and assigns, that certain real property located in the Weld County, Colorado, legally described on Exhibit A attached hereto and incorporated herein by this reference (the "Property"). also known by street address (for informational purposes only) as: n/a. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the. estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, o in and to the above bargained Property, with the hereditaments and appurtenances; and SUBJECT TO, AND RESERVING TO GRANTOR, ownership of all water and water rights owned by Grantor and related to or appurtenant to the Property, including but not limited to all capital stock or shares owned by Grantor in the New Cache La Poudre Irrigating Company (including fifteen (15) shares of capital stock in the New Cache La Poudre Irrigating Company (represented by share certificate number 4875), Cache La Poudre Reservoir Company (including ten (10) shares of capital stock in the Cache La Poudre Reservoir Company (represented by share certificate mmnber 4107), and the Bliss Lateral Ditch Company, irrigation well and permit number 14960-R, and all tributary, non tributary, not non -tributary interests, groundwater rights, wells and well permits and rights, ditches and ditch rights, and any other ditch and water company stock, whether decreed or un-decreed, appurtenant to or historically used in connection with the Property, and infrastructure related to the water rights and irrigation system (collectively, including the infrastructure and improvements, the "Water Rights"). Notwithstanding Grantor's reservation of the Water Rights, Grantee shall have the right, contingent upon obtaining all necessary approvals, to store free river water on the Property, provided that Grantee's exercise of its rights under this sentence shall be consistent with Grantor's Storage Rights (defined and described in Exhibit B attached hereto) and Grantor's reservation of the Water Rights. Grantee and Grantor shall share free river water pro rata according to total water storage on the Property compared to Grantor's Storage Rights and Grantee's remaining storage rights, and subject to Grantee's and Grantor's respective storage 513MM 83 4135284 08/20/2015 08:15 AM Page 2 of 8 decrees and junior water right decrees. In addition, Grantee shall have the right, contingent upon obtaining all necessary approvals (including approval from the respective ditch companies), to divert water from the New Cache La Poudre Irrigating Company, Cache La Poudre Reservoir Company and the Bliss Lateral Ditch Company systems and to store water from such systems on the Property. Grantee's rights under the foregoing sentence shall be separate from Grantor's reserved Water Rights. Grantor shall have a priority right to twenty (20) cubic feet per second (oft) carriage in the Bliss Lateral Ditch Company system for conveyance of water to the Property, and any carriage agreement. Grantee enters into for the Bliss Lateral Ditch Company shall be junior to Grantor's right (provided that if Grantor does not participate in the Storage Rights (as defined herein), then Grantor's priority carriage right to deliver water to the Property shall be forfeited, but any other rights Grantor has in the Bliss Lateral Ditch Company system shall not be affected), and SUBJECT TO, AND RESERVING TO GRANTOR, certain water storage rights as set forth on Exhibit B attached hereto and incorporated herein by this reference. TO HAVE AND TO HOLD the said Property above bargained and described, with the appurtenances, unto Grantee and its successors and assigns forever. Grantor, for itself . and its successors, does covenant and agree that Grantor shall and will warrant and forever defend the above described Property in the quiet and peaceable possession of Grantee and its successors and assigns, against the lawful claims of all and every person or persons claiming the whole or any pad thereof by, through, or under Grantor, except and subject to taxes for the calendar year 2015 and beyond, Grantor's reservation of Water Rights and the water storage rights, as set forth herein, and those matters set forth on Fthibit C attached hereto and incorporated herein by this reference. [Signature and notary appear on the following page] 4135284 08/20/2015 08:15 AM Page 3 of 8 IN WITNESS WHEREOF, Grantor has executed this deed on the date set forth above. Sarin N Partners, LLC, a Colorado limited liability company By: Name: Title: Authorized Representative STATE OF COLORADO ) ) ss. COUNTY OF EL PASO ) r1n"1 foregoing ' ant as acknowledged before me this day of }S I , 2015, b Authorized Representative of Sorin Nabu�raL)54----- eeource Partners, LLC, a Colorado limited liability company, on behalf of the company. WITNESS my hand and o My commission expires: SUSAN BEND NOTARY PUBLIC STATE OP COLORADO E��4TANr i0 i 20124071314 'on of the Property Exhibit B — Water Storage Reservation Exhibit C — Permitted Exceptions a) iaock, seaL Notary Public 4135284 08/20/2015 08:15 AM Page 4 of 8 Exhibit A Legal Description LOT B, RECORDED EXEMPTION NO. 0961-04-1-RE1638, RECORDED NOVEMBER 30, 1994 AS RECEPTION NO. 2417257, BEING A PART OF THE NE 1/4 OF SECTION 4, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO 4135284 08/20/2015 08:15 AM Page 5 of 8 Exhibit B Water Storage Reservation Grantor hereby reserves, subject to the following conditions, the right of up to one thousand (1,000) acre-feet of water storage, on the Property, within an area mined by Grantee or its successors, together with easements required for access, water conveyance, and as otherwise needed to utilize the water storage (the "Storage Rights"). a. Grantee or its successors, at a future time and in its sole discretion, shall determine whether, or not, to install a slurry wall/liner within said Property. b. Grantor shall have the right (but not the obligation) to participate, on a pro -rata basis, in the cost of the slurry wall/liner. Pro -rata basis, as herein defined, shall be the total cost of installing an area enclosed by a slurry wall/liner times the ratio of the Grantor's storage area (up to 1,000 acre-feet, determined under c. immediately below) divided by the total storage area. For example, if total cost of a slurry wall/liner is $1,600,000 to create 2,000 acre feet of storage, and Grantor elects the full 1,000 acre-feet, Seller's cost participation would be: $1,600,000 x (1000/2000) = $800,000. c. At such time that Grantee (or its successors) notifies Grantor of decision to install said slurry wall/liner, Grantee shall also deliver to Grantor a detailed mining plan, which includes the operator, slurry wall/liner design, and costs. Grantor shall have sixty (60) days to decide whether or not to participate in the cost of installation, and to notify Grantee how much storage Grantor elects to use (up to 1,000 acre feet). If Grantor decides not to participate in the cost of said installation during said sixty (60) day period, or does notreimburse Grantee for Grantor's proportional share as work is completed and costs become due, Grantor forever forfeits all rights in said water storage. d. This reservation shall run with the Property and shall be for the benefit o£, and binding upon, Grantor and Grantee and their respective successors and assigns. Every person who now or hereafter owns or acquires any right, title, estate or interest in or to the Property is and sherd be conclusively deemed to have consented and to have agreed to this reservation, whether or not any reference to the reservation is contained in the instrument by which such person acquires an interest in the Property. If Grantor forfeits rights in said water storage under c. immediately above, then Grantor and Grantee (or their respective successors and assigns) shall record a termination of this reservation. e. Any notice required by this reservation shall be sent in writing, postage prepaid by certified or registered mail, by nationally recognized overnight courier, by e-mail (transmission confirmed), by facsimile (transmission confirmed), or by hand delivery, addressed to the other party as set forth in the first paragraph to the. Special Warranty Deed, or to such other address as designated by the other party (which may be by notice to the first party or by recording ding a change in notice address). Such notice shall be deemed given three (3) days after being mailed, one (1) day after sending by overnight courier, upon transmission by e-mail or facsimile, and upon hand delivery. For purposes of calculating any time periods including notice 4135284 08/20/2015 08:15 AM Page 6 of 8 deadlines under this provision, if the last day therefore falls upon a Saturday, Sunday or legal holiday, the last day shall be deemed to be the next day which is not a Saturday, Sunday or legal holiday. 4135284 08/20/2015 08:15 AM Page 7 of 8 Exhibit C Permitted Exceptions 1. Liens of taxes, assessments and other governmental charges not yet due and payable 2. (a) Any facts, rights, interests, or claims thereof not shown by the Public Records but that could be ascertained by an inspection of the Land or that maybe asserted by persons in possession of the Land. (b) Records. Easements, liens or encumbrances, or claims thereof, not shown by the Public (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. (d) (i) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (iii) water rights, claims or title to water. (e) RIGHT OF WAY FOR COUNTY ROADS 30 FEET ON EITHER SIDE OF SECTION AND TOWNSHIP LINES, AS ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS FOR WELD COUNTY, RECORDED OCTOBER 14, 1889 IN BOOK 86 AT PAGE 273. (f) RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 161875, IN BOOK 20 AT PAGE 27. (g) RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT, AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED OCTOBER 22 1889, IN BOOK 34 AT PAGE 142. (h) RIGHT OF WAY FOR CANAL AS SET FORTH IN INSTRUMENT RECORDED OCTOBER. 2, 1883 IN BOOK 76 AT PAGE 41. (i) OIL AND GAS LEASE RECORDED MAY 07, 1981 UNDER RECEPTION Na 1857111 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. EXTENSION OF THE ABOVE LEASE AS CLAIMED BY AFFIDAVIT OF PRODUCTION WAS RECORDED SEPTEMBER 13, 2010 UNDER RECEPTION NO. 3718145. Ii) RIGHT OF WAY EASEMENT AS GRANTED TO ASSOCIATED NATURAL 4135284 08/20/2015 08:15 AM Page 8 of 8 GAS IN INSTRUMENT RECORDED JULY 06,1992, UNDER RECEPTION NO. 2294437. (k) EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON TIE PLAT OF EXEMPTION RECORDED NOVEMBER 30, 1994 AT RECEPTION NO. 2417257. (1) TERMS, CONDITIONS AND PROVISIONS OF REQUEST FOR NOTIFICATION RECORDED OCTOBER 15, 2007 AT RECEPTION NO. 3511023. (m) ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT RECORDED DECEMBER 26, 2012, UNDER RECEPTION NO 3898553, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS TTHEEREIN. 3. Grantor's reservation of the Water Rights set forth in this Deed. 4. Grantor's reservation of Storage Rights set forth in this Deed. 5. Dry -Up Covenant and Easement Agreement to be executed and recorded immediately following this Deed (including for reference purposes). Property Report Page 1 of 4 KCtA4eICIMCJ,nA' ELD COUNTY Property Report PROPERTY PORTAL Technical Support (970) 304-6432 Account: R0097987 April 28, 2016 Account Information Account Parcel Space Account Type Tax Year Buildings Actual Value Assessed Value R0097987 096104000060 Vacant Land 2016 273,121 79,210 Legal 12095 PT NE4 4 5 65 BEG SW COR OF NE4 THENCE N1450'M/L TO AN EXISTING FENCE LN THENCE ALONG FENCE LN S82D36'E 509.80' N77D17'E 589.30' S01 D07'W 82.20' S28D44'E 39.30' S0D46W 226.70' S83D16'E 201.80' N09D03'E 164.80' N88D31'E 218.50' S21 D46`E 481.30' S0D30'E 353.50' S44D55'E 237' S26D57'E 415.57' TO A PT ON S LN OF NE4 THENCE W2096.28' M/L TO BEG (1 R) Subdivision Block Lot Land Economic Area 6207 GREELEY Property Address Property City Zip Section Township Range 590 BALSAM AV WELD 000000000 04 05 65 Owner(s) Account Owner Name Address R0097987 DUST & DIRT EXCAVATING LLC 699 N 1ST AVE GREELEY, CO 806319536 Document History https://propertyreport.co.weld.co.us/?account=R0097987 4/28/2016 Property Report Page 2 of 4 Reception Rec Date Type Grantor Grantee FDee Sale Date ! Sae ICe 02020919 08-15-1985 QCN 0.00 01-01-1900 0 02420316 12-27-1994 DAVIS FARMS LIQUIDATION TRUST DUST & DIRT EXCAVATING LLC 3.00 12-15-1994 30,000 1385163 07-06-1962 COZ WELD COUNTY ZONING Case: Z-22 ZONING I-3 0.00 0 1385163 07-06-1962 COZ WELD COUNTY ZONING Case: Z-22 ZONING A 0.00 0 1385163 07-06-1962 COZ WELD COUNTY ZONING Case: Z-22 ZONING R-1 0.00 2018144 07-23-1985 USR USE BY SPECIAL REVIEW USR-679 OIL & GAS PRODUCTION FACILITY 0.00 0 2049331 04-22-1987 USR ° USE BY SPECIAL REVIEW USR-717 OIL & .GAS PRODUCTION FACILITY 0.00 0 2511662 09-19-1996 QCN DUST & DIRT EXCAVATING LLC DERR DARWIN D 0.00 09-19-1996 0 3544571 03-31-2008 QCN DERR DARWIN:D DUST & DIRT EXCAVATING LLC 0.00 03-31-2008 0 3551135 05-01-2008 WON DAVIS FARMS LIQUIDATION TRUST DUST & DIRT EXCAVATING LLC 0.00 04-29-2008 0 3691678 05-06-2010 USR USR 1660 USR 1660 0.00 05-06-2010 0 11-26-1985 WELD COZ COUNTY ZONING Case: Z-420 ZONING A 0.00 0 Building Information https://propertyreport.co.weld.co.us/?account=R0097987 4/28/2016 Property Report Page 3 of 4 No buildings found. Valuation Information Type Code Description Actual Value Assessed Value Acres Land SqFt Land 0550 35 AC TO UT 100 AC 273,121 79210 54.720 2,383,603:. Totals - - 273,121 79,210 54.720 2,383,603 Tax Authorities Tax Area District ID District Name Current Mill Levy 0685 0700 AIMS JUNIOR COLLEGE 6.325 0685 1050 HIGH PLAINS LIBRARY 3.308 0685 0301 NORTHERN COLORADO WATER (NCW) 1.000 0685 0206 SCHOOL DIST #6-GREELEY 36.003 0685 0100 WELD COUNTY 15.800 0685 1200 , WEST GREELEY CONSERVATION 0.426 0685 0519 WESTERN HILLS FIRE 10.338 Total - - 73.2 Photo NO PHOTO https://propertyreport.co.weld.co.us/?account=R0097987 4/28/2016 Property Report Page 4 of 4 Sketch P40 SKETCH Copyright © 2016 Weld County, Colorado. All rights reserved. Privacy Policy & Disclaimer I Accessibility Information https://propertyreporLco.weld.co.us/?accounrR0097987 4/28/2016 mmi 11111 imi iiiu111n iihii mii III niii nA no 51 3544571 03/31/2008 04:17P Weld County, CO 1 of 2 R 11.00 0 0.00 Steve Moreno Clerk & Recorder QUIT CLAIM DEED THIS DEED made the c 5/ day of f rcA, 2008, by and between Darwin D. Derr, in the County of Weld, State of Colorado (hereinafter "Grantor") and Dust & Dirt Excavating LLC., A Colorado Limited Liability Company, whose legal address is 699 N. 1st Avenue, Greeley, Colorado 80631 of the County of Weld, State of Colorado (hereinafter "Grantee"). WITNESSETH that the Grantor, for and in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the Grantee, its heirs, successors and assigns forever all the right, title, interest, claim and demand which the Grantor has in and to the realproperty, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, to -wit: See Schedule 'A' attached hereto and made a part hereof_ also known as street and number: Vacant land, Weld County, Colorado TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in law or in equity, to the only proper use, benefit and behoof of the Grantee, its heirs and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this Quit Claim Deed on the date set forth above. STATE OF COLORADO ) )SS COUNTY OF WELD ) O Oil en(y .. I Subscribed and sworn to before me this k31 day of ( 0.-4. C Gam , , 2008 c� wi:`1'{?•1'1O WITNESS my hand and official seal. .\%'§"'• zio 41 y Notary Public �••" ' My commission expires: cu i...� 1, op tc� 11111111111111111111111111111111111111111Hill gill 3544571 03/31/2000 04:17P Weld County, CO 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder SCHEDULE 'A' A tract of land located in the Northeast Quarter of Section North, Range 65 West of the 6th P.M., Weld County, Colorado more particularly described as follows: r Township 5 and being Commencing at the North quarter corner and considering said. Northeast quarter to bear South 01 degrees 24 minutes West with all other bearings contained herein being West41 line of thence South 01 degrees 24 minutes 41 seconds West1150. feetralos the West line of the Northeast quarter of said Section fence line, and the truefeet along thence along said fence point of beginning:.. to an existing South 82 degrees 26 minutese00ysecondslEast, twelve (12) ecourses: North 77 degrees 717 minutes 00 seconds East, 529.30 feet; SSouth outh Ol degrees 07 minutes 00 seconds West, 582.20 feetfeet; South 00 degrees 44 minutes 00 degrees East, 39.30 feet; South 0 -deg ees 46 6 minutes 00 seconds West, 226.70 feet; North u 83 degrees minutes 00 seconds East, 201.80 feet; North 88 degrees 31 minutes 00 seconds East, 218.50 feet; South 21 minutes 00 seconds East, 164.80 feet; degrees 46 minutes 00 seconds East, 481.30 feet; South 00 degrees,30 minutes 00 seconds East, 353.5© feet; South 44 degrees 55 minutes 00 seconds East, 237.00 feet; South 26 degrees 57 minutes 00 seconds East, 415.57feet to a the South lane of said Northeast quarter thence North 88 de minutes 05 seconds West, 2112.20 feet along said South l• Pont on Southwest corner of the Northeast quarter of said Section 4; : 14 thence North 01 one to the True Point of Beginning. 24 minutes 41 seconds East, 1410.09 feet to the ginn.zng. CO' 2511662 &1567 P-482 09/19/96 03:05P P13 2 CF 2 II ITUM— 1111111111.1maiw— eRecorded in Weld County, CO Doc Id: 3647438 09/08/2009 04:18 P Receipt#: 7431037 Page: 1 of 17 Total Fee: $86.00 Steve Moreno, Clerk and Recorder AFTER RECORDING RETURN TO: New Frontier Bank 2425 35th Avenue Greeley, CO 80634 COMBINED AND RESTATED DEED OF TRUST, SECURITY AGREEMENT, FINANCING STATEMENT AND ASSIGNMENT OF RENTS AND REVENUES This COMBINED AND RESTA 1'1~;O DEED OF TRUST, SECURITY AGREEMENT, FINANCING ST T , AND ASSIGNMENT OF RENTS AND REVENUES ("Deed of Trust") is given as of the Way of , 2� by the Grantor named below to the Trustee named below, for the use and benefit of the Lender named below. WHEREAS, Darwin D. Derr, executed and delivered to Lender the following Deeds of Trust to secure Borrower's (defined below) obligations under the three (3) promissory notes described as follows: A. Deed of Trust dated March 3, 2006 and recorded March 14, 2006, at Reception No. 3370566 of the real property records of Weld County. wherein to secure the Promissory Note in the original principal sum of $325,000.00, a first lien interest in the Real Property (defined below) was pledged to Lender; ' B. Deed of Trust dated May 26, 2006 and recorded on July 10, 2006, at Reception No. 3401920 of the real property records of Weld County, wherein to secure the Promissory Note made payable to Wagner Equipment Co. in the original principal sum of $700,000.00, a second lien interest in the Real Property was pledged, as such PrornissoryNote and Deed ofTrust were subsequently assigned to Lender; and C. Real Estate Deed of Trust dated November 30, 2006, and recorded December 5, 2006, at Reception No. 3439730 of the real property records of Weld County, wherein to secure the Promissory Note in the original principal sum of $400,000.00, a third lien interest in the Property was pledged to Lender. WHEREAS, Darwin I3. Derr conveyed all of his right, title and interest in the Real Property to Grantor on or about March 31, 2008. WHEREAS, Borrower filed Chapter 11 Bankruptcy Case No. 08-13883 and as part of such Bankruptcy proceeding, an agreement was entered into wherein Grantor and Lender would enter into a Restructure Agreement to consolidate and roali adore the three separate obligations of Grantor to Lender. WHEREAS, in order to document the consolidation of the three (3) obligations of Grantor to Lender, contemporaneously herewith, Grantor and Lender shall enter into a Restructure Agreement.. WHEREAS, Grantor has agreed to enter into this Deed of Trust, which combines and restates, in their entirety, the Deeds of Trust referenced in A. through C. above. ARTICLE I. PARTIES, PROPERTY, AND DEFINITIONS The following terms and references shall have the meanings indicated: 1.1 Grantor: Dust & Dirt Excavating, LLC, a Colorado limited liability company of 699North First Avenue, Greeley, CO 80631, together with any future owner of the Property or any part thereof or interest therein. 1.2 Lender: FDIC, as receiver for New Frontier Bank of 2425 35th Avenue, Greeley, CO 80634, together with any legal holder of the Notes. HT@ 11oag�s"s6- eRecorded in Weld County, CO Doc Id: 3647438 09/08/2009 04:18 P Receipt#: 7431037 Page: 2 of 17 Total Fee: $86.00 Steve Moreno, Clerk and Recorder 13 Trustee: The Public Trustee of the County of Weld. 1.4 Obligations: Collectively, the (a) Promissory Note dated March 3, 2006 in the original principal amount of $325,000.00; (b) Promissory Note ated November 30, 2006 in the original principal amount of $400,000.00; (c) Promissory Note dated May 26, 2006 in the original principal amount of $700,000.00, made payable to Wagner Equipment Co, as assigned to Lender; and (d) the Restructure Agreement of even date herewith which consolidates ,and restructures the foregoing three (3) loan obligations of Borrower; payable to the order of Lender, in the combined principal amount of $1,324,398.36, the last payment under which is due on December 31, 2014, unless that date is extended or accelerated, together with all renewals, extensions, and modifications of the Obligations. All terms and provisions of the Obligations are incorporated by this reference in this Deed of Trust. 1.5 Real Property: The real property described in Exhibit A, attached hereto and by this reference incorporated herein, together with all right, title and interest of Grantor in the following with respect to the real property, whether now owned or hereafter acquired by Grantor: (a) All improvements now or hereafter located on such real property and all easements and appurtenances thereto; (b) The land lying within any aticet or roadway adjoining the real property; any vacated or hereafter vacated street or alley adjoining the real property; and any strips and gores adjoining the real property; (c) All and singular the passages, waters, water rights (whether tributary or non -tributary br not non -tributary), water courses, riparian rights, wells, well permits, water stock, other rights, liberties and privileges thereof or in any way now or hereafter appertaining to the real property, including homestead and any other claim at law or in equity, as well as any after -acquired title, franchise or license, and the reversion and reversions and remainder and remainders thereof; and (d) All machinery, apparatus, equipment, fittings, fixtures (whether actually or constructively attached or incorporated, and including all trade, domestic, and ornamental fixtures) now or hereafter located in, upon, or under such real property or improvements and used or usable in connection with any present or future operation thereof, including but not limited to all lighting, utility, and power equipment; engines; pipes; pumps; tanks; motors; conduits; utility systems, plumbing, lifting, cleaning, fire prevention, fire extinguishing, signage, heating, air-conditioning; communication apparatus; water heaters; ranges; furnaces; appliances, refrigerators, stoves; shades, awnings, screens, storm doors and windows; attached cabinets; rugs, carpets and draperies and all additions thereto and replacements therefore. 1.6 Chattels: All right, titles and interests of the Grantor in and to the following with respect to the Real Property: (a) all goods, trade fixtures, fixtures, inventory, furnishings, fittings, machinery, apparatus, equipment, building and other construction materials, supplies, and other tangible personal property of every nature now owned or hereafter acquired by Grantor and used, intended for use, or reasonably required in the construction, reconstruction, alteration, repair, or operation of the Property and any improvements or infrastructure located thereon, together with all accessions thereto, replacements and substitutions therefor, and proceeds thereof; including, without limitation, to the extent not deemed to be real property under this Deed of Trust, all apparatus, machinery, motors, elevators, fittings, equipment, and other furnishings and all plumbing, heating, lighting, cooking, laundry, ventilating, refrigerating, incinerating, air-conditioning and sprinkler equipment and fixtures and appurtenances thereto. 1.7 Intangible and Tangible Personalty: All right, title and interest of the Grantor in and to the following, with respect to the Real Property: (a) all of the rents, royalties, income (including, without limitation, operating income), receipts, revenues, issues, and profits of and from the use, operation, or enjoyment of such real property and Page2 Deed ofTrust eRecorded in Weld County, CO Doc Id: 3647438 09/0812009 04:18 P Receipt#: 7431037 Page: 3 of 17 Total Fee: $86.00 Steve Moreno, Clerk and Recorder (b) all plans and specifications far the improvements on the real property; soil, environmental, engineering, land planning maps, surveys and other studies and reports concerning the real property or prepared for the orderly planning and development of the real property, including all plans, drawings and studies concerning the platting or replatting of the real property; all contracts and subcontracts relating to the improvements on the real property, or any thereof, (c) all awards and payments, including interest thereon, resulting from the exercise of any right of eminent domain or any other public or private taking of, casualty or injury to, or decrease in the value of, any of such real property, including without limitation all property insurance payments, proceeds and policies related to such real property; (d) all of the licenses, permits, franchises, and other entitlements to use and all rights thereto which have been issued by or which are pending before any governmental or quasi -governmental agency which are necessary or appropriate for the Property, including without limitation, any permit issued by the State of Colorado, Division of Mining, Reclamation and Safety pursuant to the DRMS application and any permit issued by Weld County pursuant to the USR application. • (e) all funds, Accounts, operating accounts, accounts receivable, Deposit Accounts, escrow accounts, monies, claims, causes of action, rights to payment, prepaid insurance and other prepaid items, contracts, contract rights, refunds and rebates, maintenance contracts, maintenance warranties, continuing agreements, cera rity deposits, General Intangibles and Payment Intangibles associated with the Property, Letter of Credit ?lights and insurance proceeds; (f) all water taps, sewer taps, building permits, curb cut permits, storm water discharge permits, refunds, rebates or deposits due or to become due from any utility companies or governmental entity or governmental unit; (g) the absolute right to Grantor's interest in any trade names used by Grantor in connection with the Property and all of Grantor's rights in and to fuel purchase contracts, franchise agreements, contract rights, leases, concessions, trade names, trademarks, service marks, logos, operating systems, trade secrets, technology and technical information, copyrights, warranties, licenses, plans, drawings and other items of intangible personal property relating to the ownership or operation of the Property; and (h) all other and greater rights and interests of every nature in such property and in the possession or use thereof and income therefrom, whether now owned or subsequently acquired by Grantor. 1.8 Property: The Real Property, the Chattels and the Intangible and Tangible Personalty are sometimes collectively called "Property." It is specifically understood that the enumeration of any specific articles of the Property, including Chattels and Intangible Personalty shall in no wise exclude or be held to exclude any items of property not specifically mentioned. All of the Real Property, Chattels and Intangible and Tangible Personalty, whether affixed or annexed or not, and all rights hereby conveyed and mortgaged are intended to be as a unit and are hereby understood and agreed and declared to be appropriated to the use of the real estate, and shall for the purposes of this Deed of Trust be deeded to be real estate and conveyed and mortgaged hereby. Any capitalized terms not otherwise defined in Sections 1.1 through 1.8 of this Deed of Trust and not defined herein shall bear the meaning given to them in Article 9 of the Code, defined in Section 2.2 below. 1.9 Secured Obligations: The Property is granted and shall be held for the purpose of securing ("Secured Obligations"): (a) The payment of the indebtedness as evidenced in the Obligations; and Page 3 Deed of Trust eRecorded in Weld County, CO Doc Id: 3647438 09/0812009 04:18 P Receipt: 7431037 Page: 4 of 17 Total Fee: $86.00 Steve Moreno, Clerk and Recorder (b) The performance and observance of all terms, covenants, conditions, and provisions to be performed or observed by Grantor pursuant to the terms of this Deed of Trust and any and all pledge or other security agreements, supplemental agreements, assignments (both present and collateral), side letters, as the same may be amended, modified or supplemented from time to time, being referred to hereinafter as "Related Agreements", The Obligations, this Deed of Trust, any Related Agreements and any and all other documents or instruments. executed in connection with the foregoing to evidence or secure the Obligations shall be hereinafter collectively called the "Loan Documents". (c) The payment of all sums expended or advanced by Lender pursuant to the terms hereof. ARTICLE 2. GRANITIsIG CLAUSE 2.1 Grant to Trustee. As security for the Secured Obligations, Grantor hereby grants, bargains, sells, and conveys the Property to Trustee, in trust forever, with power of sale, for the use and benefit of Lender, and subject to all provisions hereof. 2.2 Security Interest to Lender. As additional security for the Secured Obligations, Grantor hereby grants to Lender a security interest in the Chattels and in the Intangible and Tangible Personalty and in such of the Real Property as may be deemed personalty (collectively, "Collateral"). To the extent any of the Collateral may be or has been acquired with funds advanced by Lender under the Loan Documents, this security interest is a purchacr money security intent. This Deed of Trust constitutes a Security Agreement under the Uniform Commercial Code of Colorado -(the "Code") with respect to any part of the Property and Collateral that may or might now or hereafter be or be deemed to be personal property, fixtures or property other than real estate; all of the terms, provisions, conditions and agreements contained in this Deed of Trust pertain and apply to the Collateral as fully and to the same extent as to any other property comprising the Property, and the following provisions of this Section shall not limit the generality or applicability of any other provision of this Deed of Trust but shall be in addition thereto: (a) The Collateral shall be used by Grantor solely for business purposes, being installed upon or owned in connection with the real estate comprising part of the property for Grantor's own use or as the equipment and furnishings furnished by Grantor, as owner, to tenants of the Property; (b) The Chattels shall be kept at the real estate comprising a part of the Property, and shah not be ,eufoved therefrom without the consent of Lender and the Chattels may be affixed to such real estate but shall not be affixed to any other real estate; (c) No financing statement covering any of the Collateral or any proceeds thereof is on file in any public office; and Grantor will, at its cost and expense, upon demand, furnish to Lender such further information and will execute and deliver to Lender such financing statements and other documents in form satisfactory to Lender and will do all such acts and things as Lender may at any time or from time to time reasonably request or as maybe necessary or appropriate to establish and maintain a perfected security interest in the Collateral as security for the Secured Obligations, subject to no adverse liens or encumbrances; and Grantor will pay the cost of filing the same or filing or recording such financing statements or other documents and this instrument in all public offices wherever filing or recording is deemed by Lender to be necessary or desirable; (d) The terms and provisions contained in this Section and in Section 7.5 (Enforcement of Security Interests) of this Deed of Trust shall, unless the context otherwise requires, have the meanings and be construed as provided in the Code; and (e) This Deed of Trust constitutes a security agreement and financing statement under the Code with respect to the Collateral. As such, this Deed of Trust covers all items of the Collateral that are personal property including all items which are to' become fixtures. Grantor is the "Debtor" and Lender is the "Secured Page 4 Deed ufTrust eRecorded in Weld County, CO Doc Id: 3647438 09/08/2009 04:18 P Receipt#: 7431037 Page: 5 of 17 Total Fee: $86.00 Steve Moreno, Clerk and Recorder Party" (as those terms are defined and used in the Code) insofar as this Deed of Trust constitutes a financing statement. (f) The Grantor agrees that Lender may, to the extent permitted by applicable law, prepare and file financing statements, amendments thereto, and continuation statements without the signature of The Grantor and file any financing statement, amendment thereto or continuation statement electronically. ARTICLE 3. GRANTOR'S TITLE AND .AUTHORITY 3.1 Warranty of Title. Grantor represents and warrants to Lender that Grantor has good and marketable title to the Property in fee simple absolute, subject only to the lien of general taxes for the years 2008 and 2009, a lien not yet due or payable, and those additional matters, if any, set forth in Exhibit B, attached hereto and by this reference incorporated herein ("Permitted Exceptions'). Grantor further represents and warrants to Lender that Grantor is the absolute owner of the Collateral, free of any liens, encumbrances, security interests, and other claims whatsoever, except insofar as the Collateral may be encumbered by the Iien of general taxes for the years 2008 and 2009, a lien not yet due or payable. Grantor, for itself and its successors and assigns, hereby agrees to warrant and forever defend, all and singular, all of the Property and property interest granted and conveyed in trust pursuant to this Deed of Trust, against every person whomsoever lawfully claiming, or to claim, the same or any part thereof, subject to the Permitted Exceptions. The warranties contained in this Section shall survive -foreclosure of this Deed of Trust,and Shall inure to the benefit of and be enforceable by any person who may acquire title to the Property or the Collateral pursuant to any such foreclosure. 32 Waiver of Homestead and Other Exemptions. To the extent permitted by law, Grantor hereby waives all rights to any homestead or other exemption to which Grantor would otherwise be entitled under any present or future constitutional, statutory, or other provision of applicable state or federal law. 3.3 Due Authorization. If Grantor is other than a natural person, then each individual who executes this document on behalf of Grantor represents and warrants to Lender that such execution has been duly authorized by all necessary corporate, partnership, or other action on the part of Grantor. ARTICLE 4. GRANTOR'S AFFIRMATIVE COVENANTS 4.1 Payment of Obligations. Grantor will pay all principal, interest, and other sums payable under the Obligations, or this Deed of Trust or the Loan Documents, on the date when such payments are due, without notice or demand. 4.2 Performance of Other Obligations. Grantor will promptly and strictly perform and comply with all other covenants, conditions, and prohibitions required of Grantor by the terms of the Loan Documents. 4.3 Other Encumbrances, Grantor will promptly and strictly perform and comply with all covenants, conditions, and prohibitions required of Grantor in connection with any other encumbrance affecting the Property or. the Collateral, or any part thereof, or any interest therein, regardless of whether such other encumbrance is superior or subordinate to the lien hereof. This paragraph does not authorize any lien or encumbrance against the Property or the Collateral except as permitted by Section 3.1 or with the prior written consent of the Lender as provided in this Deed of Trost. 4.4 Payment of Taxes. (a) Property Taxes. Grantor will pay, before delinquency, all taxes and assessments, including without limitation, general, special and metropolitan district taxes, water charges, sewer service charges (collectively, the "Impositions"), which maybe levied or imposed at any time against Grantor's interest and estate in the Property or the Collateral. Within ten (10) days after request by Lender, Grantor will deliver to Lender an official receipt for such payment or other evidence that such payment has been made. Page 5 Deed of Trust eRecorded in Weld County, CO Doc Id: 3647438 09/0812009 04:18 P Receipt#: 7431037 Page: 6 of 17 Total Fee: $86.00 Steve Moreno, Clerk and Recorder (b) Intangible Taxes. If by reason of any statutory or constitutional amendment or judicial decision adopted or rendered after the date hereof' any tax, assessment, or similar charge is imposed against the Obligations, against Lender arising directly from Lender's interests in the Loan Documents (other than a tax based on Lender's income), or against any security interest of Lender hi the Property, Grantor will pay such tax, assessment, or other charge before delinquency and will indemnify Lender against all loss, expense, or diminution of income in connection therewith. In the event Grantor is unable to do so, either for economic reasons or because the legal provisions or decisions creating such tax, assessment or charge forbid Grantor from doing so, then the Obligations will, at Lender's option, become due and payable in fell upon thirty (30) days' notice to Grantor. (c) Right to Contest. Notwithstanding any other provision of this Section, Grantor will not be deemed to be in default solely by reason of Grantor's failure to pay any Impositions so long as, in Lender's judgment, each of the following conditions is satisfied: (i) Grantor is engaged in and diligently pursuing in good faith administrative or judicial proceedings appropriate to contest the validity or amount of such Impositions; and (ii) Nonpayment of such Impositions will not result in the loss or forfeiture of any Property encumbered hereby or any interest of Lender therein. If Lender determines that any one or more of such conditions is not satisfied or is no longer satisfied, Grantor will pay the Impositions in question, together with any interest and penalties thereon, within ten (10) clays after Lender gives notice of such determination. 4.5 Maintenance of Insurance. Grantor shall provide and maintain policies of insurance on the Property in amounts and with insurance companies acceptable to Lender in its sole and reasonable discretion, which such polices shall contain a loss payable or other endorsement satisfactory to Lender insuring Lender as mortgagee, together with such other endorsements as may be required by Lender, including stipulations that coverages will not be canceled or diminished without at least thirty (30) days' prior written notice to Lender. (a) Renewal Policies. Not less than thirty (30) days prior to the expiration date of each insurance policy required pursuant to 43 above, Grantor will deliver to Lender a copy of an appropriate renewal policy certified by Grantor as complete and accurate, together with evidence satisfactory to Lender that the applicable premium has been prepaid. (b) Application of Hazard Insurance Pmcinnis. Any insurance proceeds received as a consequence of casualty shall be applied in accordance with the terms of the Obligations. (c) Successor's Rights. Any person who acquires title to the Property or the Collateral upon foreclosure hereunder will succeed to all of Grantor's rights under all policies of insurance maintained pursuant to this Section, including, without limitation, all rights to all claims under all such insurance policies regardless of the nature of such claim or when such claim arose. 4.6 Maintenance and Repair of Property and Collateral. Grantor will at all times maintain the Property and the Collateral in good condition and repair, and will diligently prosecute the completion of any infrastructure, building or other improvement which is at any time in the process of construction on the Property in full compliance with all building codes and other governmental requirements. Grantor shall constantly maintain and shall not materially diminish or alter the Property during the team of this Deed of Trust and except as required by law or municipal ordinance, without the prior written consent of Lender, which consent shall not be unreasonably withheld or delayed. Grantor will promptly repair, restore, replace, or rebuild any part of the Property or the Collateral which may be affected by any casualty or any public or private taking or injury to the Property or the Collateral. Any repair, restoration, replacement or rebuilding shall be consistent with all applicable laws and regulations. All costs and expenses arising out of the foregoing shall be paid by Grantor whether or not the proceeds of any insurance or eminent domain shall be sufficient therefor. Grantor will comply with all statutes, ordinances, and other governmental or quasi -governmental requirements and private covenants relating to the ownership, constniction, use, or operation of the Property and the Collateral, including but not limited to any env ronrnental or Page : Deed of Tnist eRecorded in Weld County, CO Doc Id: 3647438 09/08/2009 04:18 P Receipt#: 7431037 Page: 7 of 17 Total Fee: $86.00 Steve Moreno, Clerk and Recorder ecological requirements, legislation or regulations with respect to the ADA; provided, that so long as Grantor is not otherwise in default hereunder, Grantor may, upon providing Lender with security reasonably satisfactory to Lender, proceed diligently and in good faith to contest the validity or applicability of any such statute, ordinance, or requirement. Lender and any person authorized by Lender may enter and inspect the Property at all reasonable times, and may inspect the Collateral, wherever located, at all reasonable times. 4.7 Performance of Lease Obligations. Grantor will perform promptly all of Grantor's obligations under or in connection with each present and future lease of all or any part of the Property ("Leases"). If Grantor receives at any time any written communication from the tenant under any Lease asserting a default by Grantor under any Lease, or purporting to terminate or cancel any Lease, Grantor will promptly forward a copy of such communication (and any subsequent communications relating thereto) to Lender. 4.8 Management. The Grantor will provide and maintain good and efficient management of the Property satisfactory to Lender. Grantor shall obtain Lender's advance written approval of any management provided, and of any contract therefor or assignment thereof which written approval shall not be unreasonably withheld. 4.9 Condemnation. Grantor hereby assigns, transfers and sets over unto Lender the entire proceeds of any award or any claim for damages for any of the Property taken or damaged under the power of eminent domain or by condemnation. Lender shall apply the proceeds of the award in accordance with the terms of the Obligations. 4.10 Mechanics' Liens. Grantor will keep the Property free and clear of all liens and claims of liens by contractors, subcontractors, mechanics, laborers, material men, and other such persons. 4.11 Defense of Actions. Grantor will defend, at Grantor's expense, any action, proceeding or claim which atrct,ts any Property encumbered hereby or any interest of Lender in such Property or in the Secured Obligations, and will indemnify and hold Lender harmless from all loss, damage, cost, or expense, including reasonable attorneys' fees, which Lender may incur in connection therewith except to the extent such toss is caused by Lender's gross negligence. 4.12 Inventories: Assembly of Chattels. Grantor will, from time to time at the request of Lender, supply Lender with a current inventory of the Chattels, in such detail as Lender may require. Upon the occurrence of any Event of Default hereunder, Grantor will, at Lender's request assemble the Chattels and make the Chattels available to Lender at any place designated by Lender which is reasonably convenient to both parties. 4.13 Further Assurances; Estoppel Certificates. Grantor will execute and deliver to Lender upon demand, and pay the costs of preparation and recording thereof, any further documents which Lender may request to confirm or perfect the liens and security interests created or intended to be created hereby, or to confirm or perfect any evidence of the Secured Obligations. Grantor will also, within ten (10) days after any request by Lender, deliver to Lender a signed and acknowledged statement certifying to Lender, or to any proposed transferee of the Secured Obligations, (a) the balance of principal, interest, and other sums then outstanding under the Obligations, and (b) whether Grantor claims to have any offsets or defenses with respect to the Secured Obligations and, if so, the nature of such offsets or defenses. 4.14 Parking Requirements. Grantor shall maintain at all times sufficient parking spaces to comply with the parking requirements of all Leases, zoning and other regulations affecting the Property. 4.15 Financial Statements and Inspection of Records. Grantor, at Grantor's expense, shall furnish to Lender the financial and other reports required by Lender from time to time. 4.16 Security Deposits. If required by the Lender, Grantor shall keep and maintain in a separate Lender account with Lender, any security deposits or advance payments received from tenants in lieu of security deposits. Upon the Lender's request, the Lender shall be named on the Lender account and no foods shall be withdrawn therefrom without the prior written consent of the Lender. Page 7 Deed ofTrast eRecorded in Weld County, CO Doc Id: 3647438 09/08/2009 04:18 P Receipt#: 7431037 Page: 8 of 17 Total Fee: $86.00 Steve Moreno, Clerk and Recorder 4.17 Environmental Representations and Warranties. Grantor, to the best of its knowledge, represents and warrants to Lender as follows: (a) Except as disclosed to Lender in writing prior to the date hereof the Real Property is not and has not been a site for the use, generation, manufacture, storage, treatment, disposal, release or threatened release, transportation or presence of any substances which are "hazardous substances," "hazardous wastes," "hazardous materials" or "toxic substances" under the Hazardous Materials Laws, as defined below, and/or other applicable environmental laws, ordinances and regulations (collectively, "Hazardous Materials"). Hazardous T(b) The Real Property is in compliance with all laws, ordinances and regulations relating to HazarMaterials (collectively, "Hazardous Materials Laws"), including without limitation, the Clean Air Act, the Federal Water Pollution Control Act, the Federal Resource Conservation and Recovery Act of 1976, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Superfund Amendments and Reauthorization Act of 1986, the Federal Toxic Substances Control Act and the Occupational Safety and Health Act, as any of the same may be amended, modified or supplemented from time to time, and any other applicable federal, state or local environmental laws, and any rules or regulations adopted pursuant to any of the foregoing. (c) Except for the claim previously filed by the State of Colorado, Department of Public Health and Environment, there are no claims or actions pending or threatened against Grantor or the Real Property by any governmental entity or agency, or any other person or entity, relating to any Hazardous Materials or pursuant to any Hazardous Materials Laws. (d) Grantor hereby agrees to defend, indemnify and hold harmless Lender, its directors, officers, employees, agents, successors and assigns, from and against any and all losses, damages, liabilities, claims, actions, judgments, court costs and legal or other expenses (including without limitation, attorneys' fees and expenses) which Lender may incur as a direct or indirect consequence of the use, generation, manufacture, storage, treatment, disposal, release or threatened release, transportation or presence of Hazardous Materials in, on, under or about the Real Property. Grantor shall pay to Lender immediately upon demand any amounts owing under this indemnity, together with interest from the date of demand until paid in full at the highest rate of interest applicable to any Secured Obligation. Grantor's duty and obligation to defend, indemnify and hold harmless Lender shall survive the cancellation of the secured obligations and the release, reconveyance or partial reconveyance of this Deed of Trust. ARTICLE 5. GRANTOR'S NEGATIVE COVENANTS 5.1 Waste. Grantor will not commit or permit any waste with respect to the Property or the Collateral. 5.2 Zoning and Private Covenants. Grantor will not initiate, join in, or consent to any change in any zoning ordinance or classification, any change in the "zone lot" or "zone lots" (or similar zoning unit or units) presently comprising the Property; any change in any private restrictive covenant, or any change in any other public or private restriction limiting or defining the uses which may be made of the Property or any pact thereof, without the express written consent of Lender. If under applicable zoning provisions the use of all or any part of the Property is or becomes a nonconforming use, Grantor will not cause such use to be discontinued or abandoned without the express written consent of Lender. 5.3 Disposition of Mortgaged Property, Leases or Beneficial Interest in Grantor: It is expressly acknowledged, covenanted and agreed that there may be no sale, lease (except for leases of space in the improvements on the Property subordinate to this Deed of Trust), exchange, assignment, conveyance, encumbrance, mortgage, alienation, transfer or other disposition (herein collectively called a "Disposition") of (a) all or any portion of the Property or any lease thereof (or any iniereat therein) which gives the lessee any option to purchase the Property or any part thereof (unless (i) such option is expressly subordinate to this Deed of Trust, and (ii) the Lender has expressly approved, in its reasonable discretion, the lease containing the option), or (b) 50% or more of the Legal or beneficial ownership interest or management control in Grantor, unless Lender has provided its prior written consent thereto. In the event there occurs a Disposition without Lender's written consent, then Lender may, at Lender's option, accelerate the maturity of the Obligations and enforce any and all of Lender's rights, remedies Page 8 Deed of Trust eRecorded in Weld County, CO Doc Id: 3647438 09/0812009 04:18 P Receipt#: 7431037 Page: 9 of 17 Total Fee: $86.00 Steve Moreno, Clerk and Recorder 5.4 Further Encumbrance of Property. Grantor will not create, place or permit to be created or placed or allow to remain against the Property any lien, mortgage or deed of trust, regardless of whether the same is expressly subordinate to the liens and security interests imposed hereby or by any other instruments securing the Secured Obligations and Grantor shall not encumber the Property without the prior written consent of Lender. 5.5 Transfer or Removal of Chattels. Grantor will not sell, transfer or remove from the Property all or any material part of the Chattels, unless the items sold, transferred, or removed are simultaneously replaced with similar items of equal or greater value. 5.6 Further Encumbrance of Collateral. Grantor will not create or permit any junior lien, security interest or other encumbrance against the Collateral without the prior written consent of Lender. 5.7 Change in Name. Location of Collateral. Etc. Without giving at least 30 days' prior written notice to Lender, the Grantor shall not: (a) change its name, identity structure, or jurisdiction of organization; (b) change the location of its place of business (or chief executive office if more than one place of business); or (c) add to or change any location at which any of the Collateral is stored, held or located, without Gast notifying Lender of Grantor's intention to do so and shall execute and deliver to Lender modifications or supplements of this Deed of Trust (and to any financing statement which may be filed in connection herewith) as Lender may require. 5.8 Improper Use of Property or Collateral. Grantor will not use the Property or the Collateral for any purpose or in any manner, or take any action with respect to the Property which violates any applicable law, ordinance, or other governmental requirement, the requirements or conditions of any insurance policy, or any private covenant. ARTICLE 6. EVENTS OF DEFAULT Each of the following events will constitute a default (an "Event of Default") under this Deed of Trust and under each of the other Loan Documents: 6.1 Failure to Pay. Default shall be made in the payment of any installment of principal or intr stt on the Obligations or any other sum under the Loan Documents when due (after giving consideration to any grace period which maybe applicable under such document). 6.2 Superior Lien Against the Property. The assertion of any claim of priority over this Deed of Trust, by title, lien, or otherwise in any legal, administrative, or equitable proceeding (except with respect to any Permitted Exception provided that such assertion by any holder of a Permitted Exception is not an attempt to increase the exception or otherwise adversely change the condition thereof as it relates to the Lender's security in the Property as of the date hereof), unless such assertion be withdrawn, or effective action satisfactory to Lender commenced (and thereafter diligently prosecuted) and Lender is secured against any loss or damage therefrom, within 30 days of the assertion of such claim. 63 Abandonment. The actual or constructive abandonment of all or a substantial portion of the Property or the Collateral (such abandonment constituting an assignment to Lender, at Lender's option, of Grantor's interest in any lease or contract now or hereafter affecting the abandoned property). Page 9 Deed ofTrust eRecorded in Weld County, CO Doc Id: 3647438 09/08/2009 04:18 P Receipt#: 7431037 Page: 10 of 17 Total Fee: $86.00 Steve Moreno, Clerk and Recorder 6A Voluntary Bankruptcy. Grantor shall file a voluntary petition in Bankruptcy, or shall be adjudicated a bankrupt or insolvent, or shall file any petition or answer seeking or acquiescing in any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief for itself under any present or future federal, state, or other statute, law, or regulation relating to Bankruptcy, insolvency, or other relief for debtors or shall seek or consent to or acquiesce in the appointment of any trustee, receiver, or liquidator of Grantor or of all or any part of the Property, or of any or all of the royalties, revenues, rents, issues, or profits thereof, or shall make any general assignment for the benefit of creditors, or shall admit in writing its inability to pay its debts generally as they become due. 63 Involuntary Bankruptcy. A court of competent jurisdiction shall enter an order, judgment, or decree approving a petition filed against Grantor seeking any reorganization, dissolution, or similar relief under any present or future federal, state, or other statute, law, or regulation relating to Bankruptcy, insolvency, or other relief for debtors, and such order, judgment, or decree shall remain unvacated and nnstayed for an aggregate of 60 days (whether or not consecutive) from the first date of entry thereof; or any. trustee, receiver, or liquidator of Grantor or of all or any part of the Property, or of any or all of the royalties, revenues, rents, issues, orprofrts thereof shall be appointed without the consent or acquiescence of Grantor and such appointment shall remain unvacated and unstayed for an aggregate of 60 days (whether or not consecutive). 6.6 Judgment. A writ of execution or attachment or any similar process shall be issued or levied against all or any part of or interest in the Property or a material part of the Collateral, or any judgment involving monetary damages shall be entered against Grantor or Guarantor which shall become a lien on the Property or any portion thereof or interest therein and such execution, attachment, or similar process or judgment is not released, bonded, satisfied, vacated, or stayed within 60 days after its entry or levy. 6.7 Breach of Covenant. Grantor's failure to keep, observe, perform, carry out and execute in every particular the covenants, agreements, obligations, and conditions (other than those set out in Sections 6.1 through 6.6, above) set out in this Deed of Trust, the Obligations and any other Loan Document executed by Grantor in connection with or as security for the Obligations, unless such failure is cured to Lender's satisfaction following written notice by Lender to Grantor of such failure. Such notice shall be titled "notice of Default" and shall specify the default and, if curable, the time for cure of such default set forth in the Loan Documents, and if no time for cure is specified in the Loan Documents, the time for cure shall be 30 days. The Notice of Default may be sent simultaneously with or in lieu of any other default notice necessary to initiate a grace or cure period under this Deed of Trust or any other Loan Document. ARTICLE 7. LENDER'S REMEDIES Immediately upon or any time after the occurrence of any Event of Deffaulthereunder, Lender may exercise any remedy available at law or in equity, including but not limited to those listed below and those listed in the other Loan Documents, in such sequence or combination as Lender may determine hi Lender's sole discretion: 7.1 Performance of Defaulted Obligations. Lender may make any payment or perform any other obligation under the Loan Documents which Grantor has failed to make or perform, and Grantor hereby irrevocably appoints Lender as the true and lawful attorney -in -fact for Grantor to make any such payment and perform any such obligation in the name of Grantor, which appointment is coupled with Lender's interest in the Property and the Collateral. All payments made and expenses (including attorneys' fees and legal assistant's fees) incurred by Lender in this connection, together with interest thereon at the Default Rate, as set forth in the Obligations, from the date paid or incurred until repaid, will be part of the Secured Obligations and will be immediately due and payable by Grantor to Lender. 7.2 Specific Performance and Injunctive Relief. Notwithstanding the availability of legal remedies, Lender will be entitled to obtain specific performance, mandatory or prohibitory injunctive relies; or other equitable relief requiring Grantor to cure or refrain from repeating any default. 7.3 Acceleration of Secured Obligations. Lender may, without notice or demand, declare all of the Secured Obligations immediately due and payable in full. Page 10 Deed of Trust eRecorded in Weld County, CO Doc Id: 3647438 09/08/2009 04:18 P Receipt#: 7431037 Page: 11 of 17 Total Fee: $86.00 Steve Moreno, Clerk and Recorder 7.4 Possession of Property. Lender may enter and take possession of the Property without seeking or obtaining the appointment of a receiver, may employ a managing agent for the Property, and may complete any construction with respect to all or any part of the Property, either in Lender's name or in the name of Grantor. 7,5 Enforcement of Security Interests. Lender may exercise all rights of a secured party under the Code with respect to the Collateral, including but not limited to taking possession of, holding, and selling the Collateral and enforcing or otherwise realizing upon any accounts and general intangibles. Any requirement for reasonable notice of the time and pl re of any public sale, or of the time after which any private sale or other disposition is to be made, will be satisfied by Lender's giving of such notice to Grantor at least 15 days prior to the time of any public sale or the time after which any private sale or other intended disposition is to be made. If permitted by statute or court decision, the Collateral may be sold by the Trustee as part of the foreclosure sale of the Property. 7.6 Foreclosure Against Property. Lender may foreclose this Deed of Trust, insofar as it encutpbers the Property, either by judicial action or through a public trustee foreclosure sale through the Trustee in the manner provided by statute. All fees, costs and expenses of any kind incurred by the Trustee or Lender in connection with, or preparation for, foreclosure of this Deed of Trust, including, without limitation, the costs of any appraisals, engineering or environmental testing and evaluations of the Property obtained by Lender, all costs of any receivership for the Property advanced by Lender, and all attorneys', legal assistants' and consultants' fees, expert's evidence, stenographer's charges, publication costs, (which may be estimated as to items to be expended after foreclosure sale or entry of the decree) costs of procuring all such abstracts of title, title searches, title insurance policies, and similar data with respect to title as Lender may deem reasonably necessary either to prosecute such suit or to evidence to bidders at any sale the true condition of title to or value of the Property, incurred by Lender, shall constitute a part of the Secured Obligations and may be included as part of the amount owing from Grantor to Lender at any foreclosure sale. All expenditures and expenses of the nature in this paragraph mentioned, and such expenses and fees as may be incurred in the protection of the Property and the maintenance of the lien of this Deed of Trust, including the reasonable fees of any attorney employed by Lender in any litigation or proceeding affecting this Deed of Trust, the Obligations or the Property, including probate, $ankmptcy proceedings, including but not limited to motions for relief from stay, motions to dismiss and defense of secured status, adequate protection and plan reorganization, proceedings to obtain a receiver, or in preparation for the comme earl t or defense of any proceeding or threatened snit or proceeding, shall be immediately due and payable by Grantor, with interest thereon at the Default Rate, as more particularly defined in the Obligations and shall be secured by this Deed of Trust. 7.7 Appointment of Receiver. Lender shall be entitled, as a matter of absolute right and without regard to the value of any security for the Secured Obligations or the solvency of any person liable therefor, to the appointment of a receiver for the Property, the Leases, and the Rents and Revenues upon ex parte application to any court of competent jurisdiction. Grantor waives any right to any hearing or notice of hearing prior to the appointment of a receiver. 7.8 Right to Make Repairs, Improvements. Should any part of the Property come into the possession of Lender or a receiver, whether before or after an Event of Default, Lender or the receiver and receiver's agents shall be empowered: (a) To take possession of the Property, Leases, Rents and Revenues and any business conducted by Grantor or any other person thereon and any business assets used in connection therewith and any Property in which Lender has a security interest granted by Grantor and, if the receiver deems it appropriate, to operate the same; (b) To exclude Grantor and Grantor's agents, servants, and employees from the Property; (e) With or without taking possession of the Property, to collect the Rents and Revenues, including those past due and unpaid, and security deposits; (d) To rent, lease or let all or any portion of the Property to any party or parties at such rental and upon such terms as Lender may deem reesonabIe, and to pay any leasing or rental commissions associated therewith as Lender may, determine in its sole discretion; Page Deed of Trust (e) (f) necessary; eRecorded in Weld County, CO Doc Id: 3647438 09/08/2009 04:18 P Receipt#: 7431037 Page: 12 of 17 Total Fee: $86.00 Steve Moreno, Clerk and Recorder To complete any construction which may be in progress; To do such maintenance and make such repairs and alterations as the receiver deems (g) To use all stores of materials, supplies and maintenance equipment on the Property and to replace and replenish such items at the expense of the receivership estate; (h) To pay the operating expenses of the Property, including costs of management and leasing or marketing thereof (which shall include lease commissions, sale commissions), payments under contracts and agreements for construction; (1) To pay all taxes and assessments against the Property and any property which is collateral for the Secured Obligations, all premiums for insurance thereon, all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance; (1') To borrow from the Lender such funds as may be reasonably necessary to the effective exercise of the receiver's powers, on such terms as may be agreed upon by the receiver and the Lender, but not in excess of the Default Rate under the Obligations; and (k) Generally do anything which Grantor could legally do if Grantor were in possession of the Property. (1) All expenses incurred by the receiver or the receiver's agent shall constitute part of the Secured Obligations. Any revenues collected by the receiver shall be applied first to the expenses of the receivership (including attorneys' fees incurred by the receiver and by Lender), to expenses of the Property, and to preserve, protect, maintain and operate the. Property and any other collateral which is security for the Secured Obligations, and the balance shall be applied toward the Secured Obligations or any deficiency which may result from any foreclosure sale, and then in such other manner as the court may direct. Unless sooner terminated with the express consent of the Lender, any such receivership will continue until all amounts remaining due under the Obligations have been discharged in fall, or until title to the Property has passed after foreclosure sale and all applicable periodsof redemption have expired, and in either case, the court has discharged the receiver. Grantor covenants to promptly reimburse and pay to Lender or such receiver, at the place where the Obligations is payable, or at such other place as may be designated in writing, the amount of all reasonable expenses (including the cost of any insurance, taxes, or other charges) incurred by Lender or such receiver in connection with its custody, preservation, use or operation of the Property, together with interest thereon from the date incurred by Lender or such receiver at the Default Rate, as set forth in the Obligations, and all such expenses, costs, taxes, interest and other charges shall be part of the Secured Obligations. It is agreed, however, that the risk of accidental loss or damage to the Property is undertaken by Grantor and, except for Lender's or such receiver's willful misconduct or gross negligence, Lender or such receiver shall have no liability whatsoever for decline in value of the Property, for failure to obtain or maintain insurance, or for failure to determine whether any insurance ever in force is adequate as to amount or as to the risks insured. 7.9 Further Assurances. Upon issuance of a deed or deeds pursuant to foreclosure of this Deed of Trust, all right, title, and interest of the Grantor in and to the Leases shall, by virtue of this instrument, thereupon vest in and become the absolute property of the grantee or grantees in such deed or deeds without any further act or assignment by the Grantor. Grantor hereby agrees to execute all instruments of assignment or further assurance in favor of such grantee or grantees in such deed or deeds, as may be necessary or desirable for such purpose. But nothing contained herein shall prevent Lender from terminating any subordinated Lease not approved by the Lender through such foreclosure. ARTICLE 8. ASSIGNMENT OF RENTS AND REVENUES Page 12 Deed of Trost eRecorded in Weld County, CO Doc Id: 3647438 09/08/2009 04:18 P Receipt#: 7431037 Page: 13 of 17 Total Fee: $86.00 Steve Moreno, Clerk and Recorder 8.1 Assignment of Rents and Revenues. To further secure the Secured Obligations, Grantor does hereby sell, assign and transfer unto Lender all rents, issues, profits, revenue, and income now due and which may hereafter become due under or by virtue of any Leases, tenancies or agreements for occupancy (collectively "Rents and Revenues"), whether written or verbal, or any letting of use or occupancy of the Property or any part thereof; and all proceeds from, evidence of; and benefits and advantages to be derived therefrom, now or hereafter existing, whether or not with Lender's approval. The Grantor does hereby appoint irrevocably Lender its true and lawful attorney in its name and stead (with m- without taking possession of the Property) to rent, lease or let any improvements located on the Property, and to collect all of said Rents and Revenues arising from or accruing at any time hereafter, and all now due or that may hereafter become due under each and every of the Leases, or other agreements, written or verbal, or which may hereafter exist on the Property, on the condition that Lender hereby grants to Grantor a license to collect and retain such Rents and Revenues (but expressly not including the right to collect any rents more than one month in advance or any amount to prepay, terminate, or "buy out' any Leases) prior to the occurrence of any Event of Default under the Loan Documents. Grantor expressly covenants to apply the Rents and Revenue received, after application for operating expenses permitted hereunder, to payment of the Secured Obligations as and when the same become due and in compliance with the Loan Documents. Such license Rhati be revocable by Lender without notice to Grantor at any time upon or after an Event of Default under the Loan Documents, and immediately upon any such revocation, Lender shall be entitled to receive, and Grantor shall deliver to Lender, any and all Rents and Revenues theretofore collected by Grantor which remain in the possession or control of Grantor and all Leases and other such agreements. It is the intention of the Grantor to create and grant, and it is the intention of Lender to create and receive, a present and absolute assignment of all of the Leases, similar agreements, Rents and Revenue now due or which may hereafter become due, but it is agreed that Lender's right to collect the Rents and Revenues is conditioned upon the existence of an Event of Default under the Loan Documents, Failure of Lender at any time or from time to time to enforce its rights under this Article shall not in any manner prevent its subsequent enforcement, and Lender is not obligated to collect anything hereunder, but is accountable only for sums collected. Nothing contained hereinshall be construed as constituting Lender a mortgagee in possession in the absence of the taking of actual possession of the Property by Lender. In the exercise of the powers herein granted to Lender, no liability shall be asserted or enforced against Lender, all such liability being expressly waived and released by Grantor. ARTICLE 9. MISCELLANEOUS 9.1 Time of the Essence. Trine is of the essence with respect to all provisions of this Deed of Trust. 9.2 Rights and Remedies Cumulative. Lender's rights and remedies under each of the Loan Documents are cumulative of the rights and remedies available to Lender under each of the other Loan Documents and those otherwise available to Lender at law or in equity. No act of Lender shall be construed as an election to proceed under any particular provision of any Loan Document to the exclusion of any other provision in the same or any other Loan Document, or as an election of remedies to the exclusion of any other remedy which may then or thereafter be available to Lender. 9.3 No Implied Waivers. Lender shall not be deemed to have waived any provision of this Deed of Trust unless such waiver is in writing and is signed by Lender. Without limiting the generality of the preceding sentence, neither Lender's acceptance of any payment with knowledge of a default by Grantor, nor any failure by Lender to exercise any tcentedy following a default by Grantor shall be deemed a waiver of such default, and no waiver by Lender of any particular default on the part of Grantor shall be deemed a waiver of any other default or of any similar default in the future. 9.4 No Third Party Rights. No person shall be a third party beneficiary of any provision of this Deed of Trust. All provisions of this Deed of Trust favoring Lender are intended solely for the benefit of Lender, and no third party shall be entitled to assume or expect that Lender will or will not waive or consent to modification of any such provision in Lender's sole discretion. 9.5 Preservation of Liability and Priority. Without affecting the liability of Grantor or of any other person (except a person expressly released in writing) for payment and performance of all of the Secured Obligations, and without affecting the rights of Lender with respect to any security not expressly released in writing, Page 13 Deed of That eRecorded in Weld County, CO Doc Id: 3647438 09/08/2009 04:18 P Receipt#: 7431037 Page: 14 of 17 Total Fee: $86.00 Steve Moreno, Clerk and Recorder 9.6 Subrogation of Lender. Lender shall be subrogated to the lien of any previous encumbrance discharged with funds advanced by Lender under the Loan Documents, regardless of whether such previous encumbrance has been released of record. 9.7 Notices. Any notice required or permitted to be given by Lender under this Deed of Trust shall be in writing and will be deemed given (a) upon personal delivery or upon confirmed transmission by telecopier or similar facsimile transmission device, (b) on the rust business day after receipted delivery to a courier service which guarantees next -business -day delivery, or (c) on the third business day after mailing, by registered or certified United States mail, postage prepaid, in any case to the appropriate party at its address set forth herein. Any person may change such person's address for notices or copies of notices by giving notice to the other party in accordance with this Section. 9.8 Defeasance. Upon payment and performance in full of all the Secured Obligations and all costs of releasing this Deed of Trust, Lender will execute and deliver to Grantor such documents as may be required to release this Deed of Trust of record. 9.9 Illegality. If any provision of this Deed of Trust is held to be illegal, invalid, or unenforceable under present or future laws effective during the term of this Deed of Trust, the legality, validity, and enforceability of the remaining provisions of this Deed of Trust shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable provision there shall be added automatically as a part of this Deed of Trust a provision as aimiTar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable. If the rights and liens created by this Deed of Trust shall be invalid or unenforceable as to any part of the Secured Obligations, then the unsecured portion of the Secured Obligations shall be completely paid prior to the payment of the remaining and secured portion of the Secured Obligations, and all payments made on the Secured Obligations shall be considered to: have been paid on and applied first to the complete payment of the unsecured portion of the Secured Obligations. 9.10 Obligations Binding Upon Grantor's Successors. This Deed of Trust is binding upon Grantor and Grantor's successors and assigns, including all grantees and remote grantees of any interest of Grantor in the Property, and shall inure to the benefit of Lender, and its successors and assigns, and the provisions hereof shall likewise be covenants running with the land. The duties, covenants, conditions, obligations, and warranties of Grantor in this Deed of Trust shall be joint and several obligations of Grantor and Grantor's successors and assigns, 9.11 Governing Law. The laws of the State of Colorado shall govern the validity, construction, enforcement, and interpretation of this Deed of Trust, without regard to principles of conflicts of laws. 9.12 Survival. This Deed of Trust shall survive foreclosure of the liens created hereby, to the extent necessary to fulfill its purposes. 9.13 Captions. The captions and headings of various paragraphs of this. Deed of Trust are for convenience only and are not to be construed as defining or limiting, in any way, the scope or intent of the provisions hereof. Page 14 DeedofTnat eRecorded in Weld County, CO Doc Id: 3647438 09/08/2009 04:18 P Receipt#: 7431037 Page: 15 of 17 Total Fee: $86.00 Steve Moreno, Clerk and Recorder Signed and delivered as of the date first mentioned above. GRANTOR DUST & DIRT EXCAVATING, LLC a Colorado limited liability company STATE OF COLORADO COUNTY OF ki.tU ) as. The foregoing instrument was acknowledged before me this 6.3f day , 2009, by ba/ - 1) biro , as �'av rq of Dust & Dirt Excavating, LLC, a Colorado limited liability company. d 41. Witness my hand and official seal. Notary Public Myeommissionexpires: L f L 12-010 Page 15 Deed of Mint eRecorded in Weld County, CO Doc Id: 3647438 09/08/2009 04:18 P Receipt#: 7431037 Page: 16 of 17 Total Fee: $86.00 Steve Moreno, Clerk and Recorder EXHIBIT A LEGAL DESCRIPTION A. tract of land located in the Northeast Quarter of Section 4, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, and being more particularly described as follows: Commencing at the North quarter comer and considering the West line of said Northeast quarter to bear South 01 degrees 24 minutes 41 seconds West with all other bearings contained herein being relative thereto: thence South 01 degrees 24 minutes 41 seconds West, 1150,00 feet along the West line of the Northeast quarter of said Section 4 to an existing fence line and the true point of beginning, thence along said fence line by the following twelve (12) Courses: South 82 degrees 26 minutes 00 seconds East, 509.80 feet; North 77 degrees 17 minutes 00 seconds East, 589.30 feet; South 01 degrees 07 minutes 00 seconds West. 82.20 feet; South 28 degrees 44 minutes 00 degrees East, 3930 feet; South 00 degrees 46 minutes 00 seconds West. 226.70 feet; South 83 degrees 16 minutes 00 seconds East, 201.80 feet; North D9 degrees 03 minutes 00 seconds East, 164.80 feet; North 88 degrees 31 minutes 00 seconds East, 218.50 feet; South 21 degrees 46 minutes 00 seconds East, 48130 feet; South 00 degrees 30 minutes 00 seconds East, 353.50 feet; South 44 degrees 55 minutes 00 seconds East, 237.00 feet; South 26 degrees 57 minutes 00 seconds East, 415.57 feet to a point on the South line of said Northeast quarter, theaiceNorth 88 degrees 14 minutes 05 seconds West, 2112.20 feet along said South line to the Southwest corner of the Northeast quarter of said Section 4; thence North 01 degrees 24 minutes 41 seconds Fast, 1410.09 feet to the True Point of Beginning. eRecorded in Weld County, CO Doc Id: 3647438 09108/2009 04:18 P Receipt#: 7431037 Page: 17 of 17 Total Fee: $86.00 Steve Moreno, Clerk and Recorder EXHIBIT B PERMUTED EXCEPTIONS Any water rights or claims or title to water, in, on or under the land. Any existing leases or tenancies. The right of proprietor of a vein or Iode to extract or remove his ore should the same be found to penetrate or intersect the premises thereby granted as reserved in United States patent recorded October 23, 1882 in B34 P142 (W2NE4); and any and all assignments thereof or interest therein. The right of proprietor of a vein or lode to extract or remove his ore should the same be found to penetrate or intersect the premises thereby granted as reserved in United States patent recorded September 16, 1875 in B20 P27 (E2NE4); and any and all assignments thereof or interest therein. The Bliss Lateral Ditch and right of way thereto, as described in Quit Claim Deed recorded November 12, 1907 in B250 P254. (Specific location not recited) Easement/right-of-way granted in instrument recorded November 12, 1964 in Book 527 Reception No. 1449184. (Specific location not recited) An Oil and Gas Lease, from Davis Farms, Inc as Lessor to The Colton Company as Lessee(s) dated May 6, 1981, recorded May 7, 1981 in Book 935 at Reception No. 1857111_ and any and all assignments thereof or interests therein. A full interest in all oil, gas and other minerals as reserved by F. Stanley Davis and Muriel B. Davis in deed recorded December 27, 1994 in Book 1473 at Reception No. 2420316, and any and all assignments thereof or interests therein. Terms, agreements, provisions, conditions and obligations of a Mining Lease, executed by Darwin D. Derr and Broken Arrow Investments, LLC, as Lessee(s), for a term of Board of County Commissioners of Weld County, recorded May 25, 2004 at Reception No. 3183082 and. Second Amendment recorded September 23, 2004 at Reception No, 3221799. Notes, conditions, appearing on the Survey recorded June 05, 2006 at Reception No. 3393626. 1JCC Statement from Dust & Dirt Excavating, LLC, Debtor, to New Frontier Bank, Secured Party, recorded March 07.2006 at Reception No, 3368514. Deed of Trust from Dust & Dirt Excavating, LLC, a Colorado limited liability company, to the Public Trustee of Weld County, for the benefit of New Frontier Bank, securing an original principal indebtedness of $325,000.00, and any other amounts and/or obligations dated March 3, 2006, recorded March 14, 2006 at Reception No. 3370566. Deed of Trust from Dust & Dirt Excavating, LLC, a Colorado limited liability company, to the Public Trustee of Weld County, for the benefit of Wagner Equipment Co., securing an original principal indebtedness of $700,000.00, and any other amounts and/or obligations dated May 26, 2006, recorded July 10, 2006 at Reception No. 3401920: Assignment of above Deed of Trust to New Frontier Bank recorded March 28, 2008 at Reception No. 3544214. Deed of Trust from Dust & Dirt Excavating, TTr, a Colorado limited liability company, to the Public Trustee of Weld County, for the benefit of New Frontier Bank, securing an original principal indebtedness of $400,000.00, and any other amounts and/or obligations dated November 30, 2006, recorded December 5, 2006 at Reception No. 3439730. B-1 3937523 06/05/2013 08:53 AM Total Pages: 3 Rec Fee: $21.00 Steve Moreno - Clerk and Recorder, Weld County, CO LOAN NUMBER: 030301190 Upon recordation, return to: The Drake Law Fiuu, P.C. 1621 18t Street, Suite 260 Denver, CO 80202 ASSIGNMENT OF DEED OF TRUST KNOW ALL MEN BY THESE PRESENTS: THAT, 2010-1 CRE Venture, LLC, a Delaware limited liability company (hereinafter referred to as "Assignor"), whose address is 2450 Broadway, 6th Floor, Santa Monica 90404, for value received, does by these presents, grant, bargain, sell, assign, transfer and set over to Global Asset Recovery, LLC, whose address is 13800 Zubrick Rd., Roanoke, IN 46783, its successors and assigns (hereinafter referred to as "Assignee"), all right, title and interest in and to that certain: Combined and Restated Deed of Trust, Security Agreement, Financing Statement and Assignment of Rent and Revenues (and any and all notes secured thereby) ("Deed of Trust"), dated August 26, 2009, executed by Dust and Dirt Excavation LLC, as grantor, in favor of 2010-1 CRE Venture, LLC (as successor -in -interest to FDIC, as receiver for New Frontier Bank ("Lender")), which Deed of Trust was recorded on September 8, 2009, as Instrument No. 3647438 in the official records of County of Weld, Colorado ("Records"), as it may be amended or modified, encumbering the real property desert -bed on Exhibit A attached hereto and incorporated herein by this reference. This Assignment of Deed of Trust is made together with the Notes which the Deed of Trust secures and all other loan documents executed in connection with the loan evidenced by such Notes. TO HAVE AND TO HOLD THE SAME UNTO SAID ASSIGNEE, ITS SUCCESSORS AND ASSIGNS. EXCEPT AS SET FORTH IN THE LOAN SALE AGREEMENT, DATED APRIL 4, 2013, ("EFFECTIVE DATE") BETWEEN ASSIGNOR AND ASSIGNEE, THIS ASSIGNMENT IS MADE WITHOUT RECOURSE, REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WRITTEN OR ORAL, BY SELLER. THE LOAN IS CONVEYED "AS IS" AND "WITH ALL FAULTS," WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER, INCLUDING AS TO COLLECTABILITY, ENFORCEABILITY, VALUE OF COLLATERAL, ABILITY OF ANY OBLIGOR TO REPAY, CONDITION, FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, BY ANY PERSON, INCLUDING THE FDIC OR ITS OFFICERS EMPLOYEES, AGENTS OR CONTRACTORS. 3937523 06/05/2013 08:53 AM Page 2 of 3 rtei IN WITNESS WHEREOF, SELLER has caused this instrument to be executed this a•-• day of February, 2013. Mkt 2010-1 CRE Venture, LLC By: Co1Fin AxleFunding, LLC Its Manager State of California County of By: Name: Mark PL i a¢strom Vice Prsident1 3 t On before me, (here insert name and title of the officer), personally appeared who proved to me on the basis of satisfactory ''dente to be the person(s) whose name(s) is/are subscribed to the within instrument and ackno edged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which he person(s) acted, executed the instrument. I certify under PENALTY OF PERJUi? under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official s Signature / (Seal) 3937523 06/05/2013 08:53 AM Page 3 of 3 ACKNOWLEDGMENT State of California County of Los Angeles On May `E' 2013 before me, Elizabeth Ashley Palumbo, Notary Public, personally appeared Mark M. Hedstrom, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he exernted the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf o€ which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 4340001 P.se5: t ]/T012 ai:4s pis R ec:52a@®6 I iN�rAW IdflI Ifl4N.R!{r�}!ff�dlm+S[IY4aIW1,RIUI RECORDED EXEMPTION NO. 0916-04-1 CX16-0165 Being a Parcel of Land Situate in the Northeast Quarter of Section 4, Township 5 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado PROPERTY DESCRIPTION A tract of land located in the Northeast Quarter of Section 4, Township 5 North, Range:65 West of the 6th P.M.. Weld County, Colorado, and being more particularly described as follows: COMMENCING at the North Quarter corner and considering the West line of said Northeast quarter to bear South 0024'25" West with all ether bearings contained herein being relative thereto THENCE .South 0024'25' West a distance of 1150.00 feet along the West Tine of the Northeast quarter of said Section 4 to an existing fence line and the TRUE POINT OF BEGINNING; THENCE along said fence line by the fallowing Twelve (12) courses: THENCE South 0326'16' East a distance of 509,80 feet; THENCE North 7016'44' East a distance of 589.30 feet; — THENCE South 0'0644" West a distance of 6220 feet THENCE South 29,1516" East a distance of 39.30 feet; THENCE South 001416" East a distance of 226.70 feet THENCE South 841611" East a distance of 201.80 feet; THENCE North 08'02'44" East a distance of 164.80 feet; THENCE North 073044° East a distance of 218.50 feet; THENCE South 22'46'16" East a distance of 461.30 feet; THENCE South 01'30'16" East a dtetance of 353.50 feet THENCE South 45'55'16' East a detente of 237.00 feet; THENCE South 2757'16' East a distance of 415.57 feet to a point on the South line of said Northeast Quarter; THENCE North 8914'21' West a distance of 2112.20 feet along sold South line to the Southwest comer of the Northeast Quarter of aoid Section 4; THENCE North 0024'250 East a distance of 1410.09 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contoins 55.722 Acres. more or less •SEE SURVEYOR'S NOTE W1' PROPERTY OWNER'S CERTIFICATE We, the undersigned. being the sole a er(s) in fee of the above described property. do hereby subdivide the e as shown on the attached map. We, understand this property s located in the A Agrifor cultural ethralzone district and in f other dees b R-1 (Residenttaly zone district and I also by intended to provide areas y right, eRdndy (+'y(at, for Global Assaf Recovery, LLC NOTARIAI CERTIFICATE, STATE OF �3 l ./'k12H'In.. ) COUNTY OF `W.11e i se) The �f)orego)ryryg t ru acknowledged before rrr(99ge this �n� by Pen, A,T1- s as n4.rri y �Elr — latre.j.f✓ Witness my hand and official g - My commission expires ?t, .(.r/ �( Notary -.lie 1f4 day of \11/4-(--- , zo idle pint is accepted and ap• avet by the Department of Planning Services for Ming director, Department of Planning Sereroee NOTARIAI CERTIFICATE STATE OF 1°liOtriRleb COUNTY OF 11-fei A aa) 1 The foregoing lnetument was ooknowledged before me this 151-- day of Af/22 hr101/,dos Witness my hand and 01501101sed.. sion My commisexpires __41•,1210'-' rjA6.21/X7 Notary Public �) (SEAL) SURVEYOR'S STATEMENT I. Ronnie L Edwards, a Licensed Professional Land Surveyor in the State of Colorado, do hereby certify that the surrey represented by th. plot tars made under my personal supervision, d that this plat Is orate representation thereat. I further certify that this plot c plwith all plicable rules.regalations and laws of the State of Colorado. State Board of Registration for Professional Engineers and Prof slat,'Land Surveyors, and Weld County. mg Surveyors Ronnie L Edwards — On Behalf Colorado Licensed Professional Land Surveyor #35400 SIIRVFYOR'S NOTE 1. The recited coy 'within the legal dwcripilon referenced in that Warranty Deed recorded December 27, 1994 os Reception No. 2420316 of the Records of Weld County have been rotated counterclockwise 1'00'16" at the Northwest comer of the subject parcel to show relationship to the herein stated basis of bearings. 6th Otte 10th 12 14th 16 Weld Cotmty Rd 64 old Co unoy Rd 62 S IIII th 6 VICINITY MAP SCALE: 1-=2000' cRE"ALTi .17ZZ.D AZVR5RT VETS OF BEA91C10S AND I WEAL UNIT DEFINITION Assumn0 the West ling of the Northeast Waiter of Section 4, TRW., R.65W., as bearing South 0024'15 West menu ented by a ,ye rebar with o 3 1/4" aluminum cap Stomped PLS 10055, 1994 at the North Quarter corner and m ented by a 80 mbar with a 3 1/4" aluminum cap stamped PLS 10055. 1094 at the Center Quarter err. being 0 Grid Bearing of the CNardda State Plane Coordinate System. North 2one, North American Datum 1903/2011. o distance of 2559 89 feet with all other bearings contained herein relative thereto The lineal dimensions as contained herein ore bused upon the 'U.S, Survey Foot' SOME to Colorado law you must c ence an clegal octon hosed upon any defect in this survey a within three years oft, you first Escover such defect In no vent may any ton based upon ny defect in this survey be commenced more than ten years from the dote of the certification shown hereon. (13-80-105 C.R.S. 2012) TITLE COMMITMENT NOTE For oil information regarding ease enb, rights —of —way and title of retards. King Surveyors relied upon Property Information Binder Number FCIF25147134, dated February 3, 2017 as prepared by Land Title Guarantee Company to delineate the aforesaid information. Roan PI AIN NOTE The cubleat property 1s in multple flood z ne per EEMA toad ap 00123C1S41E revised January 00. 2106. Flaodplaln Ilnes Indicated herein are approximate only. Lines ore generated from FEMA ebalte. • flood zone 'X', *areas determined to be outside the 0.250 annual chance of floodpiain' • good zone 'X', 'areas of 0.2% annul chance flood; areas of 1% annual chance flood with average depths of less than 1 foot or with dromage areas less than 1 aquore mile; end areas protected by levees from 1% annual chance Good" • flood zone 'AE', *crreas of I% chance flood (100 —year flood), bogie flood elevations determined. NOTES FROM THE CnllNTY 111 proposed district in existing 1U uct res will or de meat the minimum setback and ooffset equnements forzone property is located Pursuant to the definition of setback In the Weld County Code, the required Setback Is measured from the future right—of—way line. H. Nbuilding anstructure ors defined one, hunted to those occupancies listed Groups B. E. F. ,, M and R in Section 3021 O£ the 2e.12 International Budding Cede, shall be constructed within o 200 —foot radius of any tank battery Or within a 150 —Toot radius of any wellheodor wthin a 25 —foot radius of any plugged or obandaned of and es well. Any construction within a 200 —foot radius of any tank battery or 150 —foot radius of y wellhead shall recloire o vanunce from the terms of this Chapter in accordance with '3ubaection 23-5-10.c of this Code. 2) Any future structures or rises on site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible fora future land exemption in accordance with Section 24 —e -20.C.1 of the Weld County Code 4) The largest lot of any recorded exemption may not be less than thirty—five (35) acres net unless approved by the Weld County Board of Commissioners in accordance with Seotlan 24-8-40.P. of the Weld County Code. 5) A Flood Hazard Development Permit is required for ail .construction or development occurring In the floodploln or floodway at delineated on Federal Emergency Management Agency (FEW') FIRM Community Panel Al, /a61T3C-1541E effective dote January 20, 2016 (Cache La needle River Floodplain). Any development eholl comply with all applicable Weld County requirements, Colorado Water Conservation Boarddescribed i requirements as Rules and Regulations far Regulatory Flaodplains in Colorado, and FEMA regulations and requirementsas described in 44 CFR parts 59, 60, and 65. The FEMA defin4ioll of development is any man—made change to Improved or ulmpr0ved real estate, including but not limited to buildings or other structures. mining. dredging, filling, grading, paving, excavation. drilling operations, or storage of equipment and materials. 6) FEMA's floadplaln boundaries may be updated at any time by FEMA. Prior to the start of any deroiapmeni activities, the ( should contact Weld County to determine if the Scads.,bountivAes hove been modifieder • 7) The installation of any septlo system thin the 100 —year flood plain shall comply with the add County O.W.T.S. flood plain pokey. In accordance with the State of Colorado O.W.T.5. Regulations, no .011septic system 011 be ',tolled within the Coodwoy. 8) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which tine building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 9) Prior to the release of building permits, the applicant shall submit evidence to the Department of PlennIng Services trot Lots A and B have onadequate water supply of sufftient quality, quantity and dependability. 10) The property owner shall control noxious weeds on the site.. 11) The historical flow potteras and runoff amounts will be maintained on the site. 12) Building permits shall be obtained prior to the construction of .any bolding. Buildings that meet the definition of on AgExempt Building per the requirements of Section 29-1-20 and Seotion We ld of the County Code do not need building permits, however. a Certificate of Compliance must be fined with the Pionning Department and an electrical and/or plumbing Permit for Ic required for any electrical manioc to the bolding or water watering or wa ring of livestock or poultry. 13) Any disturbance of wetlands shall require the applicant to contact the Army Darya of Engineers for permits pursuant to Section 404 of the Clean Water Aat. 14) Bonding Permits Issued an the proposed lots will be required to adhere to the fee structure of the County—Wltle. Road Impact Fee Program. is) Building Permits Issued the proposed lots, ol fn be required to adhere to the s structure of the County Facility Fee and Drainage Impact Fee Programs. 16) Potential -Purchasers are hereby notified that a Mineral Resource Development operation for the mining of ends, gravels and stones and perntttad by USR-690 and Is located directly west of the proposedRecorded Exemption. Off —site impacts that may be encountered include noise from trucks, construction equipment. contrvors and equipment dust from operations. 17) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County hos some of the most ebundailt mineral resources, Including. but not limited to and and gravel. oil, natural g and coal. Under title 34 of the Calarora. Revised Statutes. mineral a vital ore a because (a) the state's comm,cial mineral deposits are essential to the state%ore economy; (b) the populous counties of the state face a critical shortage of such dep00001 and (c) such deposits should be extracted according to o rational pion. calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous oaudtiea of the state. Mineral resource locations ore widepread throughout the County and person moving Into thane moat recognize thew impacts a eoHated with this development Often times, mineral re rte sites are fixed to their geographical and geophysical locations. Moreover, these resources m sou protectedpropertyright, and mineral owners should be afforded the pportunIty to etract the 10) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the moat productive agricultural Counties in the United States. taypicolly ranking in the top ten unties In the country in total market value of agricultural products mold. The rural areas m of Weldto County may he open a spooiaubut theth re y used agriculture, moving m rural mug recognise end accept a drawbacks, Including oonniots with long—standing agricultural emeticas d a lower level of ere n services than In town. Along with the drawbacks come the Incentives which attract urban dwellers to relocate to rurol open views spaciousness, wildlife, lack of city noise and congestion, and the dwellers Wand eld way life. la Without neighboring farms, those features whlcll attract urban rural y woU quicky gape forever. Agricultural users of the land should not be expected to thong, their long—established agricultural practices to accommodate fhe Intrusions of urban u errs Into a rural area. Wall —run a cultural activities will generate off —site Imparts, including noise from tractorstand equipment; slow—movig f vehicles rural roads: and from animal p n field work, harvest ad mravel roads: odor from animal conflnamen, silage do manure, am0ke from catch burning; flies and osquhue0 hunting rid trapping activltle, shooting sports. leg, hazing f mason, wi5 for and the use of pesticides and fertilizers in the fields, Including Inc use of aerial spraying. It Is common practice for agricultural 0 oducem to utilize an accumulation of agricultural machinery and euplies t0 assist in their dicultural operations. Acconcentration o fnciecellaneous agricultural materials often produces sparity between rural and urban a of the County. Section 35-3.5-102, C.R.S., provides that can agricultural operation ,hall not be found to be c public or p l to nalsamce If the agricultural °pent., alleged to be a nuisance ploys methods or practices that are so only or reanably etl with agrcultaraproduction. Water has been, and continues to be. Th. lifeline for the agricultural community. It is realistic to • e that ditches and reservoirs -ma eimply be moved "aut of the wa" of reeidential development. Wien mo'ng to thCounty, property owners old residents must realize they cannot fake oter trees Irrigation ditches. lakes. an ether structures. unless they hove an adjudicated fight o the water. Weld County covers a land area of approximately four itoucnd (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred' (3,700) miles of state and my r utside of municipalities. The sheer magnitude o area -served stretches County able resou ce L enforcement 1 basede reap t f complaints e than patrols the County, and tM1 distant, which rnost be traveled ay delay all emergency-reeponees, Including law en.rcement. mbulanas, and fire. Fire protection Is usually prodded by volunteers who not leave their jobs and funnies to respond t emergencies_ of pies_ County grovel ads, n matter how often they are bladed, will not ads bre the same kind of surface expected from a penned road. Snow priorities m n [h subdivisions to arterises m y, not a cleard fors ml days `.707-1 m wetarm. _E viral a s, in many cases, will not urban a wlent ko omunicipal services. Rural dwellers must, by onecesaity, be more self—sutflcienf than urban Eweibrs. People ore exposed to different hazorde In the County than in an urban ar suburban setting. Farm center pivotment d on operations, perations, hIhig5 speeld ed ponds ond traffc, sand bufs,npuncturoee vines, territorial famnpumps s and livestock. and open burning present real Threats_ Controlling children's activities is important not only for their safety, but also far the p tecton of the farmer's livel'ehmod. DATE: 6/19/2017 FILE NAME: 20160373B—RECX SCALE 1"o1000 DRAWN BY: CSK CHECKED BY: RLE 0 0 ; U 0 W CO q W K O 801 8TH STREET, PROJECT 9 20160373-B 1 SHEET 1 OF 2 4345 • 2 2 Fo 9fJ Oi:49-PN R Fee:sz3-¢a marnl41rl;lri(I6+;ru,ktaIurwti,id1Is 1III NORTH QUARTER CORNER SECTION 4, T.5N., 0.650. FOUND 3 1/4" ALUMINUM P EN A'6 R994R, STAMPED PLS IN MONUMENT BOX POINT OF COMMENCEMENT 30. RECORDED E.XEMPTIONNO. 0916-04-1 RECX16-0165 FOUND 04 REBAR WITH YELLOW PLASTIC CAP — POINT OF BEGINNING 56376'16^E 509.80 ) \ 583'26'16"5 509.80' (M) 1T \ 479 Fx \ F �1P75'X22R 5OIL/GAS ' PER SURACE USE AGREEMENT REC. N0. 3619655 7 I I X X TANKS --X ANKS L FACILITIES UDAS SETB)`TANK OU41EOY / ACRK Being a Parcel of Land Situate in the Northeast Quarter of Section 4, Township 5 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado LOTA RLE.1639 NOTA PART FOUND #4 REBAR WITH E YELLOW. ELASTIC CAP NT6~rJ 576'15 I 0,9G ACCESS PERMIT I 0,1 rrrr N0. AP16-00450 LPyi it —200.00'— — I q •'589.5019'W 230,09' '• �'' -/ \I II o g.l INDUSSS TL qw► ERIAPERMIT NO. AP16-00450 60' RIGHT OF WAY PER ROAD VIEWERS REPORT BOOK 10. PAGE 571 JULY 15. 1905 I 30' / / 15' FUTURE -{I RIGHT OF WAY P03 Gtt PR VE I/ 2035 COMPREHENSIVE TRANSPORTATION PLAN I �I it (1 I I I DENIER QUARTER CORNER SECTION 4. T.59.. 5.850, FOUND 3 1/4" ALUMINUM CAP ON #6 REBAR. STAMPED PLS 10055. 1994 AREA DETERMINED TO BE .OUTSIDE THE 0.2% ANNUAL ' E CE' PLOOO (ZONE U) f LOT 6.493 ACRES (GROSS) 8.237ACRES (NET) 58''31'47 / AREA OF 0.22 ANNUAL CHANCE TFLOOD(ZONE X) L FOUNIO f4 REBAR WITH YELLOW PLASTIC CAP. LS 7242 589'31'58"E 2656.92' WELD COVAI Y ROAD 62 500'06'44"W I 8220' (0) I S0019'00"E \D) ( I 82.12' (M) 586'66 M� I S29,44,15"E 30.30' 10 () I 4'16"E FOUND /4 REBAR WITH I 529'439.18' (M) YELLOW PLASTIC CAP.1� LS 7242 ACCESS AND PIPFUN£ EASEMENT PER SURFACE USE AGREEMENT REC NO. .3610.505 83 FOUND A5 REBAR WITH N YELLOW PLASTIC CAP N LS 24949 TOP OF DITCH • \J` 1 668.90 00 —YEAR \ - FLOOOPLAIN \ (ZONE AE) � \ / 12--22 00' OIL/GAS WELL WINDOW RED. NO. 2871046 1327.99' J W o N A O Om SB416'18'E / 5023513'W v. 201.80' (0) / �-dms 'YO'W S842)"45"E 202.34' (M) _—� FOUND W RWAR Y YELLOW PLASTIC CAP LS 2430] I i\ mo MO GOR FOUND 84 REBAR WITH YELLOW PLASTIC CAP ILLEGIBLE 567 N87 33'51'�E(D) 218.49' (M) Ronnie L Edwards — eR Behalf Of King Surveyors Colorado Licensed Prafeeelonw Land Surveyor 1)38490 OS/OAS PAD SURFACE USE AGREEMENT y `\\ REC. NO. 3619655 \ 5 a• rd 0 m — OIL/GAS \\ \ WELL SETBACK AEI/4 SSGTTON4 LOTB 47.239 ACRES (GROSS) 46.5LSACRES (NET) 100 —YEAR FLOONPLAIN (ZONE AO CENTER —EAST SIXTEENTH CORNER SECTION 4. T.55.. R.65W. FOUND 2 1/2 ALUMINUM CAP ON ff9 REBAR. STAMPED PIS 23515, 2012 A__8o0•x800' OIL/GAS WELL WINDOW REC. NO. 2871046 FOUND QS REBAR WITH 'YELLOW PLASTIC CAP L5 24307 e. S45'44'44"E 237.26' (M) 545'55'16'E 237.00' (0) OUTSIDE THE 0.27: ANNUAL CHANCE FLOOD (ZONE Z], OWNER: GLOBAL ASSET RECOVERY LLC 589'14'29"W 2112.15' (M) N8914'21"W 2112.20" (0) N8914.29"W 2655.97' 784.17' N LOTS R6 -1t£,8 NOTA PART 400'X400' OIL/OAS. WELL WINDOW REC. NO, 2871046 N89.07'10 443159' 413.56' LOTA RH-L 36 NOTA PART FOUND r}5 REBAR WITH YELLOW PLASTIC CAP L5 24949 FOUND #4 REBAR `MTh YELLOW PLASTIC CAP LS 10855 100 50 0 100 NORTHEAST CORNER SECTION 4, T.5N., R.65W, FOUND 2 1//27 ALUMINUM CAP ON 99 REBAR, ILLEGIBLE, IN MONUMENT BOX 200 300 1 SCALE IN FEET SCALE: 1"100' LEGEND �- FENCE UNE EASEMENT LINE SECTION UNE RIGHT-OF-WAY UNE PROPERTY LINE D DEEDED M MEASURED O GAS WELL • • 0 FOUND ALIQUOT CORNER AS DESCRIBED FOUND MONUMENT AS OESCWBED SET 24' OF X14 REBAR WITH A YELLOW PLASTIC CAP STAMPED OS. IS 38480 CALCULATED POSITION EXISTING ACCESS POINT 500'5 EAST QUARTER CORNER SECTION 4 .5N., R.65W. FOUND 3 1/4 ALUMINUM_ CAP ON ✓16 REBAR, STAMPED PLS 20676 IN MONUMENT BO% DATE 6/19/2017 FLU' NAME: 201603738-RECX SCALE 1"=100' DRAWN BY: CSK CHECKED BY: RLE 0 O ' Ui AA Ln 0 I En o O O .a L) N r� 0J V - 7-I O H 'TED I O W S..- ‘=> 45 o s7 04 Q O Z 40) O 1— co CL X X I re CI (J.T 7 c O QN W 10 0 I 10 O O W dC 00 PROJECT 91 20160373-8 2 SHEET 2 OF 2 EXHIBIT P Municipalities within Two Miles City of Greeley 1000 10th Street Greeley, CO 80631 J&T Consulting, Inc. Derr Pit Project DRMS 112 Permit Amendment EXHIBIT Q Proof of Mailing Notices to County Commissioners and Soil Conservation District See attached. J&T Consulting, Inc. Derr Pit Project DRMS112 Permit Amendment EXHIBIT R Proof of Filing with County Clerk or Recorder See attached. J&T Consulting, Inc. Den' Pit Project DRMS112 Permit Amendment EXHIBIT S Permanent Man -Made Structures within 200 Ft of the Affected Land 1. Power Lines/Poles 2. Phone Lines/Poles 3. Oil and Gas Lines 4. Water lines 5. Electrical lines (buried) 6. Oil and Gas Wells, Pumps, and Tank Batteries 7. Fences/Structures 8. Improved Roads 9. Houses and Outbuildings 10. Slurry Wall Broken Arrow Investments, LLC believes that the mining operation, as proposed, will not adversely affect any of the permanent, man-made structures located within 200 ft of the affected area. However, the applicant still anticipates providing evidence of agreements for compensation with the appropriate structure owners or engineering evaluations (see attached slope stability report for original mining area) that adequately demonstrate that the proposed mining and reclamation operations will not result in damage to the structures. J&T Consulting, Inc. Derr Pit Project DRMS112 Permit Amendment City of Colorado Uree ey Great. From the Ground Up. November 20, 2008 Darwin D. Derr, Manager Broken Arrow Investments, LLC 699 North 1st Avenue Greeley, CO 80631 Re: Agreement for Compensation for Damage to Structures within 200 feet of Mining Activities Dear Mr. Derr, Enclosed is the fully executed agreement as referenced above. One signed original of the agreement has been recorded with the Weld County Clerk and Recorder. This signed original is for your records. Sincerely, Jana Easley, Plannin Manager City of Greeley Enc: as stated Community Development -Planning Division + 1100 10th Street, Ste. 202, Greeley, CO 80631 • (970) 350-9780 Fax (970) 350-9800 We promise to preserve and improve the quality of life for Greeley through timely, courteous and cost-effective service. November 15, 2008 City of Greeley Community Development Attn: Jana Easley 1100 10th Street, Suite 202 Greeley, Colorado 80631 Re: Agreement for Compensation for Damage to Structures within 200 feet of. mining activities To Whom It May Concern: Broken Arrow Investments, LLC has applied to Weld County (County) for a Use by Special Review Permit, and to the State of Colorado's Division of Reclamation, Mining, and Safety (DRMS) for a Reclamation Permit to allow sand and gravel mining on property within 200 feet of structures located on your property. The Colorado Mined Land Reclamation Act provides protection for your property, and specific protection for your structures located within 200 feet of the mining activities. The structure owned by the City of Greeley and located within 200 feet of the mining and reclamation activities is a City street know as Balsam Avenue.. DRMS Permit approval requires a notarized agreement between the applicant and owners of structures within 200 feet, providing compensation for any damage to the structure; or preparation of an engineering evaluation acceptable to the DRMS;, demonstrating that such structures shall not be damaged by the mining activities if an agreement cannot be reached. Broken Arrow Investments, LLC has had an engineering evaluation performed to determine acceptable setbacks from their proposed mining permit boundary and mining limit to structures adjacent to the mining. The proposed mining slopes and setbacks were analyzed using the XSTABL v5.105a computer program. XSTABL was designed to analyze the slope stability of earth embankments subjected to several critical situations that may occur during the life of the embankment. The procedure searches for circular shear failures and automatically searches for the lowest safety factor. 2,000 separate failure surfaces were analyzed for each case. The required minimum safety factors are based on the current standards used by the Colorado State Engineers Office_(SEO) for high hazard embankment dams, and industry accepted standards for the evaluation of embankments during construction. The safety factors attained using the setbacks shown on the attached Mining Plan are greater than the required safety factors specified by the SEO for an earth embankment during construction, and an earth embankment subjected to earthquake loading, based on the United States Geological Survey earthquake peak Broken Arrow Investments, LLC 699 North 15i Avenue Greeley, Colorado 80631 City of Greeley RE Agreement for Compensation for Damage to Structures within 200 feet of mining activities -2- acceleration factors for the area. This evaluation indicates that damage to structures adjacent to the mining should not occur, even during earthquake conditions, which are very unlikely to be present. With this letter, Broken Arrow Investments, LLC requests your authorization to conduct mining and reclamation activities within 200 feet of the structures located on your property. In return for this authorization, Broken Arrow Investments, LLC agrees to provide full compensation to restore Balsam Avenue to the existing condition at the time of damage resulting from its mining and reclamation activities. Your notarized signature below grants permission for Broken Arrow Investments, LLC to conduct mining and reclamation activities within 200 feet of your structure(s), and acknowledges Broken Arrow Investments, LLC's commitment to provide compensation for any damages to said structure(s) caused by Broken Arrow Investments, LLC's mining and reclamation activities. If you provide authorization to conduct mining and _ reclamation activities with 200 feet of your utility/street DRMS also requires a notarized letter, on utility/county letterhead, from the owner(s) of the utility. Per Rule 8:4.19 of the DRMS 112 Construction Materials rules and regulations the letter should state that the mining and reclamation activities as proposed will have "no negative effect" on your utility/street. Sincerely, November 15, 2008 Darwin D. Derr, Manager Date Broken Arrow Investments, LLC "See attached City of Greeley Signature Page" Broken Arrow Investments, LLC 699 North 1s` Avenue Greeley, Colorado 80631 City of Greeley RE Agreement for Compensation for Damage to Structures within 200 feet of mining activities _3 CITY OF GREELEY, COLORADO SIGNATURE PAGE DATED thiis9 'day of .AID ile tbfii'' , 2008. APPRO A TO S TANCE: AVAILABILITY OF UNDS: By: Director of The foregoing instrument was acknowledged before me this eday of t `+0i/t �rt,D by. 616 rAix ttlit4 ibepPithi-rs.hb;rectzrocAmigt Notary Public My Commission Expires: Adele R. Gain, Notary Public State of Colorado My Commission Expires 4/3012011 Broken Arrow Investments, LIZ 699 North 1$` Avenue Greeley, Colorado 80631 October. 17, 2008 DCP Midstream 1324 N. 7th Avenue Greeley, Colorado 80631 Re: Agreement for Compensation for Damage to Structures within 200 feet of mining activities To Whom It May Concern: Broken Arrow Investments, LLC has applied to Weld County (County) fora Use by Special Review Permit, and to the State of Colorado's Division of Reclamation, Mining, and Safety (DRMS) for a Reclamation Permit to allow sand d and gravel mining on property within 200 feet of structures located on your property. The Colorado Mined Land Reclamation Act provides protection for your property, and specific protection for your structures located within 200 feet of the mining activities. DRMS Permit approval requires a notarized agreement between the applicant and owners of structures within 200 feet, providing compensation for any damage to the structure; or preparation of an engineering evaluation acceptable to the DRMS, demonstrating that such structures shall not be damaged by the mining activities if an agreement cannot be reached. Broken Arrow Investments, LLC has had an engineering evaluation performed to determine acceptable setbacks from their proposed mining permit boundary and mining limit to structures adjacent to the mining. The proposed mining slopes and setbacks were analyzed using the XSTABL v5.105a computer program. XSTABL was designed to analyze the slope stability of earth embankments subjected to several critical situations that may occur during the life of the embankment. The procedure searches for circular shear failures and automatically searches for the lowest safety factor. 2,00O separate failure surfaces were analyzed for each case. The required minimum safety factors are based on the current standards used by the Colorado State Engineer's Office (SEO) for high hazard embankment dams, and industry accepted standards for the evaluation of embankments during construction. The safety factors attained using the setbacks shown on the attached Mining Plan are greater than the required safety factors specified by the SEO for an earth embankment during construction, and an earth embankment subjected to earthquake loading, based on the United States Geological Survey earthquake peak acceleration factors for the area. This evaluation indicates that damage to structures adjacent to the mining should not occur, even during earthquake conditions, which are very unlikely to be present. Broken Arrow Investments, LLG 699 North 1st Avenue Greeley, Colorado 80631 DCP Midstream RE: Agreement for Compensation for Damage to Structures within 200 feet of mining activities -2- With this letter, Broken Arrow Investments, LLC requests your authorization to conduct mining and reclamation activities within 200 feet of the structures located on your property. In return for this authorization, Broken Arrow Investments, LLC agrees to provide fair compensation for any damage to your structure(s) resulting from its mining and reclamation activities. Your notarized signature below grants permission for Broken Arrow Investments, LLC to conduct mining and reclamation activities within 200 feet of your structure(s), and acknowledges Broken Arrow Investments, LLC's commitment to provide compensation for any damages to said structure(s) caused by Broken Arrow Investments, LLC's mining and reclamation activities. If you provide authorization to conduct mining and reclamation activities with 200 feet of your utility DRMS also requires a notarized letter, on utility letterhead, from the owner(s) of the utility. Per Rule 6.4.19 of the DRMS 112 Construction Materials rules and regulations the letter should state that the mining and reclamation activities as proposed will have "no negative effect" on your utility. Sincerely, Darwin D. Derr, Manager Broken Arrow Investments, LLC CP Midstream 16-176(3 Date /O'..C.--- C? Date The foregoing instrument was acknowledged before me this - I day of e" by, /4„/Q, . as74,0,7 / Zn Notary Public �7 My Commission Expires: 2 I ( c_ `coc q Broken krow Investments, LLC 699 North 1°1 Avenue Greeley, Colorado 80631 October 17, 2008 Loloff Construction, Inc. P.O. Box 518 Kersey, Colorado 80644 Re: Agreement for Compensation for Damage to Structures within 200 feet of mining activities Dear Mr. Loloff: Broken. Arrow Investments, LLC has applied to Weld County (County) for a Use by Special Review Permit, and to the State of Colorado's Division of Reclamation, Mining, and Safety (DRMS) for a Reclamation Permit to allow sand and gravel mining on property within 200 feet of structures located on your property. The Colorado Mined Land Reclamation Act provides protection for your property, and specific protection for your structures located within 200 feet of the mining activities. DRMS Permit approval requires a notarized agreement between the applicant and owners of structures within 200 feet, providing compensation for any damage to the structure; or preparation of an engineering evaluation acceptable to the DRMS, demonstrating that such structures shall not be damaged by the mining activities if an agreement cannot be reached. Broken Arrow Investments, LLC has had an engineering evaluation performed to determine acceptable setbacks from their proposed mining permit boundary and mining limit to structures adjacent to the mining. The proposed mining slopes and setbacks were analyzed using the XSTABL v5.105a computer program. XSTABL was designed to analyze the slope stability of earth embankments subjected to several critical situations that may occur during the life of the embankment. The procedure searches for circular shear failures and automatically searches for the lowest safety factor. 2,000 separate failure surfaces were analyzed for each case. The required minimum safety factors are based on the current standards used by the Colorado State Engineer's Office (SEO) for high hazard embankment dams, and industry accepted standards for the evaluation of embankments during construction: The safety factors attained using the setbacks shown on the attached Mining Plan are greater than the required safety factors specified by the SEO for an earth embankment during construction, and an earth embankment subjected to earthquake loading, based on the United States Geological Survey earthquake peak acceleration factors for the area. This evaluation indicates that damage to structures adjacent to the mining should not occur, even during earthquake conditions, which are very unlikely to be present. Broken Arrow Investments, LLC 699 North 1°` Avenue Greeley, Colorado 80631 Loloff Construction, Inc. RE: Agreement for Compensation for Damage to Structures within 200 feet of mining activities _2 - With this letter, Broken Arrow Investments, LLC requests your authorization to conduct mining and reclamation activities within 200 feet of the structures located on your property. In return for this authorization, Broken Arrow Investments, LLC agrees to provide fair compensation for any damage to your structure(s) resulting from its mining and reclamation activities. Your notarized signature below grants permission for Broken Arrow Investments, LLC to conduct mining and reclamation activities within 200 feet of your structure(s), and acknowledges Broken Arrow Investments, LLC's commitment to provide compensation for any damages to said structure(s) caused by Broken Arrow Investments, LLC's mining and reclamation activities. Sincerely, 1 airlim„,__-O 6OA_ • Darwin D. Derr, Manager Broken mow Investments, LLC anager Loloff Constructioh Inc. (O -12-O8 Date 1t--/ Date The foregoing instrument was acknowledged before me this JO day of OetJ 1 , 4,2 — by. My Commission Expires: Broken Arrow Investments, LLC 699 North 1st Avenue Greeley, Colorado 80631 SLOPE STABILITY REPORT FOR THE DERR PIT PROJECT WELD COUNTY, COLORADO MARCH 2008 PREPARED FOR: BROKEN ARROW INVESTMENTS, LLC 699 N. FIRST AVENUE GREELEY, CO 80631 PREPARED BY: J&T Consulting, Inc. 1400 W. 122ND AVENUE - SUITE 120 WESTMINSTER, CO 80234 PHONE: 303-457-0735 FAX: 303-920-0343 CERTIFICATION: I hereby certify this slope stability analysis for Broken Arrow Investments, LLC, the Derr Pit project, located in Weld County, Colorado was prepared by me or under my direct supervision. James C. York Registered Professional Engineer State of Colorado No. 36846 J&T Consulting, Inc. Broken Arrow Investments, LLC - Derr Pit Project Slope Stability Analysis Page i Table of Contents I. Introduction I I . Overview III. Geotechnical Data IV. Design Analysis and Criteria V. Methodology VI. Slope Stability Results VII. Conclusions and Recommendations Appendices Appendix A Slope Stability Case Location Map Appendix B Slope Stability Case Cross -Sections Appendix C Slope Stability Case Xstabl Output Appendix D Geotechnical Investigation Reports Appendix E USGS Map, Oct. 2002 revision — "Peak Acceleration (%g) with a 2% Probability of Exceedance in 50 yrs" J&T Consulting, Inc. Broken Arrow Investments, LLC - Derr Pit Project Slope Stability Analysis Page ii INTRODUCTION Darwin Derr proposes to mine the property located in the Northeast 1/4 of Section 4, Township 5 North, Range 65 West, Sixth P.M. in Weld County. The property is bounded by Balsam Avenue on the west, adjacent to an Aggregate Industries mining operation, and private property on the north, south, and east. State Highway 263 (8th Street) is less than a quarter of a mile south of the subject property. The proposed mining operation will extract gravel reserves from locations adjacent to man-made structures. The rules and regulations of the Division of Reclamation, Mining, and Safety (DRMS)require that any mining within a 200 foot setback of a man-made structure show thorough engineering analysis that the proposed mining will not cause damage. The accepted method of demonstrating this is through a slope stability analysis. This report contains an overview of the prior geotechnical investigation results by Terracon and Two Rivers Testing, and the methodology used in the analysis of the mining slopes and their estimated affects on all man-made structures. Recommendations regarding acceptable setbacks from man-made structures have also been included. OVERVIEW The DRMS mining plan proposes that the property will be mined in 7 phases. The reclamation plan, Exhibits E and F, propose the future use for this property to be a slurry wall lined water storage reservoir. The mining will occur at 3H:1V slopes. Concurrent reclamation is planned such that the reclamation embankment will be constructed as the mining progresses. The reservoir will cover an estimated 30 surface acres when full. Actual surface area will depend on n the final configuration of the reservoir after reclamation is complete. GEOTECHNICAL DATA Preliminary geotechnical investigations have been performed by Terracon and Two Rivers Testing. J&T Consulting, Inc. (JT) estimated soil strength parameters based on the information from the geotechnical investigation, which was provided to JT by Darwin Derr, and other stability analyses that have been performed on gravel mining operations along the front range. Table 1, on the following page, represents a summary of the soil strength parameters that were used in this stability analysis. J&T Consulting, Inc. Broken Arrow Investments, LLC - Den- Pit Project Slope Stability Analysis Page 1 Table 1 - Soil Properties Description Max dry density (pcf) Saturated Density (pcf) Cohesion (psf) Internal Friction Angle Slurry Wall 62.4 62.4 0 60 Sand and Gravel 110 125 0 35 Weathered Bedrock 125 141 100 18 Stable Bedrock 125 141 2000 20 J&T Consulting, Inc. Broken Arrow Investments, LLC - Derr Pit Project Slope Stability Analysis Page 2 DESIGN ANALYSIS AND CRITERIA The proposed mining slopes were analyzed using the XSTABL v5.105a computer program. XSTABL was designed to analyze the slope stability of earth embankments subjected to several critical situations that may occur during the life of the embankment. For this project, four cases were identified as critical during the mining operation. Static and pseudo -static conditions were analyzed in each case. Pseudo -static peak acceleration factors were taken from USGS information for the western United States. The 2% probability of exceedance in 50 years (the most conservative) was used. Surface loading equivalent to an HS 20 highway load was applied adjacent to each area to simulate heavy equipment loading that could be present at that location for maintenance or construction activities. All mining side slopes will be 3H:1V. Case 1 — South Property Line (SOUTH 1). The mining operation is adjacent to a private property on the south side of the site. The proposed setback for mining is 50 feet from the property line. The mining depth was assumed to be 85 feet in this area based on bore log information in the geotechnical reports. Case 2 — Existing Balsam Avenue ROW (WEST 2). The mining operation is adjacent to Balsam Avenue on the west side of the site. The mining depth was assumed to be 75 feet in this area based on bore log information in the geotechnical reports. The proposed mining setback was set 40 feet from the existing ROW. Case 3 — North Property Line (NORTH 3). The mining operation is adjacent to a private property and some minor electric utilities for a portion of the north side of the site. The mining depth was assumed to be 85 feet in this area based on bore log information in the geotechnical reports. The proposed mining setback was set 127 feet from the property line. Case 4 — Existing Gas Well (WELL 4). An existing gas well is located in the center of the proposed pit. The mining depth was assumed to be 85 feet in the area based on bore log information in the geotechnical reports. The proposed minimum mining setback was set 150 feet from the gas well. The cross -sections located in Appendix B show the estimated phreatic surface associated with each case as well as the geometry used in the mining. J&T Consulting, Inc. Broken Arrow Investments, LLC - Derr Pit Project Slope Stability Analysis Page 3 METHODOLOGY The mining embankment configuration shown in the computer analysis represents the estimated conditions for this site. If mining conditions differ from the estimated conditions, the slope stability will need to be re-evaluated on a case by case basis. The Bishop Method was used in the computer analysis for determining safety factors. The procedure searches for circular shear failures and automatically searches for the lowest safety factor. 2,000 separate failure surfaces were analyzed for each case. The required minimum safety factors are based on the current standards used by the Colorado State Engineer's Office (SEO) in evaluating embankment dams, and industry accepted standards for the evaluation of temporary structures during construction. SLOPE STABILITY RESULTS The SEO requires minimum safety factors of 1.25 for static condition analyses and 1.0 for pseudo -static (earthquake loading) condition analyses for Class I (high hazard) embankment dams. This design criteria was used to establish the desired minimum safety factors for this project and should be considered as highly conservative for evaluating alluvial mining slopes. The calculated factors of safety are within the design criteria specified for this project and can be considered indicators of the mining slope performance under the various conditions. The results of the static condition and pseudo -static condition slope stability analyses are presented in Table 2 and Table 3. Table 2 - Static Condition Slope Stability Analysis Results Description Calculated Required Minimum Factor - Factor Of Safety Of Safety Case 1 - South Property Line - 1.30 1.25 Case 2 - Existing Balsam Avenue ROW 1.30 1.25 Case 3- North Property Line 1.30 1.25 Case 4 — Existing Gas Well 1.46 1.25 Table 3 - Pseudo -Static Condition Slope Stability Analysis Results Description Calculated Factor Of Safety Required Minimum Factor Of Safety Case 1 E - South Property Line 1.02 1.0 Case 2E - Existing Balsam Avenue ROW 1.03 1.0 Case 3E — North Property Line 1.02 1.0 Case 4E — Existing Gas Well 1.16 1.0 J&T Consulting, Inc. Broken Arrow Investments, LLC - Derr Pit Project Slope Stability Analysis Page 4 CONCLUSIONS AND RECOMMENDATIONS Case 1 The resulting safety factor of 1.30 meets the SEO minimum requirement of 1.25 for an embankment during construction. The resulting safety factor of 1.02 is above the SEO minimum requirement of 1.0 for an embankment subject to earthquake loading. The proposed setback of 50 feet from the south property line is satisfactory. Case 2 - The resulting safety factor of 1.30 is above the SEO minimum requirement of 1.25 for an embankment during construction. The resulting safety factor of 1.03 is above the SEO minimum requirement of 1.0 for an embankment subject to earthquake loading. The proposed setback of 40 feet from the existing ROW is satisfactory. Case 3 The resulting safety factor of 1.30 meets the SEO minimum requirement of 1.25 for an embankment during construction. The resulting safety factor of 1.02 is above the SEO minimum requirement of 1.0 for an embankment subject to earthquake loading. The proposed setback of 127 feet from the property line is satisfactory. Case 4 - The resulting safety factor of 1.46 is above the SEO minimum requirement of 1.25 for an embankment during construction. The resulting safety factor of 1.16 is above the SEO minimum requirement of 1.0 for an embankment subject to earthquake loading. The proposed setback of 150 feet from the existing gas well is satisfactory. J&T Consulting, Inc. Broken Arrow Investments, LLC - Derr Pit Project Slope Stability Analysis Page 5 The following recommendations for monitoring of slope stability should be followed: A visual inspection of the excavated slopes should be done on a weekly basis for the first 6 months of mining. This inspection should consist of walking the existing ground and looking for any signs of stress cracks or other potential signs of slope failure. Some minor sloughing of slopes is expected on any mine site. The intent of this inspection is to locate potential major slope failures that could potentially extend back into a structure. 2. A visual inspection should be done after a major precipitation event that has saturated the ground using the same procedures. A major precipitation event would be defined as a storm that produces an intensity level reached once in 50 years on the average. If a visual inspection detects signs of a potential slope failure, qualified personnel should be contacted to evaluate and recommend remediation work to stabilize the area. 4. If no visible signs of slope failure are detected within the first 6 months, then the inspection period could be reduced to once per month or after every major precipitation event. J&T Consulting, nc. Broken Arrow Investments, LLC - Derr Pit Project Slope Stability Analysis Page 6 APPENDIX A T Consulting, Inc. Broken Arrow Investments, LLC - Derr Pit Project Slope Stability Analysis LEGEND: A In UTILITY POLE GUY VIRE 0*) UNE AREA GAS WELL WATER METER WATER FAUCET WATER UNE MARKER ELECTRIC TRANSFORMER TREE TELEPHONE PEDESTAL TELEPHONE LINE MARKER PROPERTY UNE FENCE UNE OVERHEAD ELECTRIC LINE EXISTING DUKE UNDERGROUND WATER UNE EXISTING CHAIN UNK FENCE EXISTING CONTOURS (2' INTERVALS) GRAVEL ROAD PROPOSED PERMIT BOUNDARY P OPOS D M M PROPOSED SLURRY WALL PHASE E p ss <crl Nn ' Slope StablIlty Case Location Map S JOT 02129 02.00 BAnT 0.009929 TPY JCY Sheet 1� 1 APPENDIX B J&T Consulting, Inc. Broken Arrow Investments, LLC - Derr Pit Project Slope Stability Analysis 275 a gra= it 6 stletrassr f - } } L { I 15:43 Derr it South 1 1 ost critical surfaces, - rie 2.; MINIMUM BISH"DP F05 Itaressi aeree 55 110 165 X.--cs 0 ..r...a%%%%%.,,r.;......,.e..-. •ne.n.v..marn. r.r..t.ei• nen.-Y.....nex-n-........ N 275 l 334 z z 9.295 25' 5 0' -- . G 4 3s5 440 tri SOUTH I EQ z-15 22d 65 55 r `ifi South 1 Critic ` EQ m .art^"'asire si MINU4U a airtatrr- ierje S �P•FIBS = 1'.+Q24 r z 50' -as -- 2 5 PROPERTY w 55 220 275 330 3-85 440 215 220 ,arnts 16 < 1 0 ." 11:44 Derr Pit 4Ves₹ 2 1 most ritical 4 i J&TtO�s�lting.:JIi.:c. ces, MINIMUM sISUOP FOS= x.3[}1 z 40' 25' I 1 1 55 170 1:6'5' S (fe 1 275 33U 3S5 WC$TREQ 15:49 275 4.new 165 ki46s, Derr '.Pifi West 2 EQ 1 most critical Surfaces, remse i } 1• t } IMUM BISHOP FO:S = 1.030 55 11O 4 I c� z z 4 0' —� 25' • SLURRY WALL 3 4W • HH..wwl 1 i 1 1 220 27t5 33o IS (feet) 440 I I •X: 4 J t •LI 32 5 260 65 -36" 3 a u 3 14 4"** - 5:44 rr '' it North 3 1 most critteall ?leaser jeer AA� 3f c�.Y JET onsultYng Inc. INIMUM EtISHOP FOS = ].295 Ste - sorer at," 25 127' 'ERTY f O nH z_ //��Y}��,��hhMMww I J ��:y.V/u�W' N.(�I �yn Y'�..U\L.3=a OlailY.= l 4 65 1 go I I 4 Ii 260 325 390 455 52.0 IRMO. 5 260 I >tis Derr Pit No 1 most +cr 1 rteciese ..: BISHOP F0So 1.024 0 z z 25' I 127' PROPERTY w z vaisais, t 65 73i3 1.9L5 2£D eet I 39p d55 520 WELL4 325 264 r-, -47) as 195 ...y 6111 "5-‹ <130 I >Er 65 0 rr Pit Weill 4. 1 most critic rfaces, ait INIM UM r ° r4 i 140 195• 254 325 3s0 455 X—AXIS (feet) Consulting, Inc. ISHOP FOS. 1 .d58 0 z I_ I h'c`7^'w�:₹i`rr-rt:"`.k=S"..6AY_^..Ts't'S'v`y"S»u%14%t rtl%t;r4V,¢. 150' 0 0 `�` f� • i.�i iirrr i rrrrr MSS IS .r 52D 3-05-n 325? 260 ehr=a%,, nenr . 195 sm. col < 136 I ow 65J err Pit 1 m f riff c V EQ Consulting., 194 •LIISHOP FMS = "i.156 cape J v sarir 'MINI jer fp I 0 65 i34 195 264 X—AXIS (feet 150' 325 390 d55 52a APPENDIX C ,J&T Consulting, Inc. Broken Arrow Investments, LLC - Derr Pit Project Slope Stability Analysis XSTABL File: SOUTH1 SOUTH1.OPT 3-05-** 15:43 ****************************************** * * * * XSTABL Slope Stability Analysis using the Method of Slices Copyright (C) 1992 A 96 Interactive Software Designs, Inc. Moscow, ID 83843, U.S.A. All Rights Reserved Ver. 5.105a 95 A 1483 * ****************************************** Problem Description : Derr Pit South 1 SEGMENT BOUNDARY COORDINATES 5 SURFACE boundary segments Segment x -Left y —left x -right y -right Soil. Unit No. (ft) (ft) (ft) (ft) Below Segment. 1 .0 103.0 100.0 103.0 2 2 100.0 103.0 355.0 188.0 3 3 355.0 188.0 377.5 188.0 3 4 377.5 188.0 382.5 188.0 4 5 382.5 188.0 420.0 188.0 3 9 SUBSURFACE boundary segments Segment x -left y -left x -right y -right Soil Unit No. (ft) (ft) (ft) (ft) Below Segment 1 100.0 103.0 377.4 103.0 2 2 377.4 103.0 377.5 188.0 4 3 382.5 188.0 382.6 103.0 4 4 382.6 103.0 420.0 103.0 2 5 .0 100.0 377.3 100.0 1 6 377.3 100.0 377.4 103.0 4 7 382.6 103.0 382.7 100.0 4 8 382.7 100.0 420.0 100.0 1 9 377.3 100.0 382.7 100.0 1 ISOTROPIC Soil Parameters 4 Soil unit(s) specified Soil Unit Weight Cohesion Friction Pore Pressure Water Page 1 SOUTH1.OPT Unit Moist Sat. Intercept Angle Parameter Constant Surface No. (pcf) (pcf) (psf) (deg) Ru (psf) No. 1 125.0 141.0 2000.0 20.00 .000 .0 1 2 125.0 141.0 100.0 18.00 .000 .0 1 3 110.0 125.0 .0 35.00 .000 .0 1 4 62.4 62.4 .0 60.00 .000 .0 1 1 Water surface(s) have been specified Unit weight of water = 62.40 (pcf) Water Surface No. 1 specified by 5 coordinate points PHREATIC SURFACE, ********************************** Point x -water y -water No. (ft) (ft) 1 .00 103.00 2 100.00 103.00 3 377.50 180.00 4 382.50 180.00 5 420.00 180.00 BOUNDARY LOADS 2 load(s) specified Load x -left x -right Intensity Direction No. (ft) (ft) (psf) (deg)- 1 365.0 366.0 20000.0 90.0 2 371.0 372.0 20000.0 90.0 NOTE - Intensity is specified as a uniformly distributed force acting on a HORIZONTALLY projected surface. A critical failure surface searching method, using a random technique for generating CIRCULAR surfaces has been specified. 2000 trial surfaces will be generated and analyzed. 10 Surfaces initiate from each of 200 points equally spaced along the ground surface between x = 75.0 ft and x = 175.0 ft Each surface terminates between x = 325.0 ft Page 2 SOUTH1.OPT and x = 390.0 ft Unless further limitations were imposed, the minimum elevation at which a surface extends is y = 90.0 ft * * * * * DEFAULT SEGMENT LENGTH SELECTED BY XSTABL * * * * * 9.0 ft line segments define each trial failure surface. ANGULAR RESTRICTIONS : The first segment of each failure surface will be inclined within the angular range defined by : Lower angular limit := -45.0 degrees Upper angular limit := -1.0 degrees Factors of safety have been calculated by the : * * * * * SIMPLIFIED BISHOP METHOD * * * * * The most critical circular failure surface is specified by 31 coordinate points Point x -surf y -surf No. (ft) (ft) 1 105.15 104.72 2 114.02 103.20 3 122.94 102.00 4 131.90 101.11 5 140.88 100.54 6 149.88 100.28 7 158.88 100.33 8 167.87 100.70 9 176.84 101.38 10 185.79 102.38 11 194.69 103.69 12 203.54 105.31 13 212.33 107.24 14 221.05 109.48 15 229.69 112.02 16 238.23 114.86 17 246.66 118.00 18 254.98 121.43 19 263.18 125.15 20 271.24 129.16 21 279.15 133.44 22 286.91 138.00 23 294.50 142.83 24 301.93 147.92 25 309.17 153.27 Page 3 SOUTH1 OPT 26 316.21 158.86 27 323.06 164.71 28 329.70 170.78 29 336.12 177.09 30 342.32 183.62 31 342.51 183.84 **** Simplified BISHOP FOS = 1.295 * * * * The following is a summary of the TEN most critical surfaces Problem Description : Derr Pit South 1 FOS Circle Center Radius Initial Terminal Resisting (BISHOP) x-coord y-coord x-coord x-coord Moment. (ft) (ft) (ft) (ft) (ft) (ft- I b) 1. 1.295 152.82 357.32 257.07 105.15 342.51 6.368E+07 2. 1.301 169.05 363.00 262.72 111.18 364.99 8.151E+07 3. 1.304 150.92 342.59 241.98 105.65 329.68 5.397E+07 4. 1.305 152.47 367.20 266.71 105.15 347.75 6.858E+07 5. 1.306 150.88 376.98 276.57 104.15 351.78 7.295E+07 6. 1.306 174.62 311.41 210.94 116.71 342.62 5.554E+07 7. 1.313 161.83 353.29 252.52 109.67 351.74 6.857E+07 8. 1.315 163.31 375.80 275.13 109.17 364.35 8.375E+07 9. 1.319 159.38 339.88 238.88 109.67 339.29 5.875E+07 10. 1.320 178.67 306.33 205.70 119.22 344.36 5.557E+07 * * * END OF FILE * * * Page 4 SOUTH1EQ.OPT XSTABL File: SOUTH1EQ 3-05-** 15:48 **************************** XSTABL Slope Stability Analysis using the Method of Slices Copyright (C) 1992 A 96 Interactive Software Designs, Inc. Moscow, ID 83843, U.S.A. * * Ver. 5.105a 95 A 1483 * ****************************************** All Rights Reserved Problem Description Derr Pit South 1 EQ SEGMENT BOUNDARY COORDINATES 5 SURFACE boundary segments Segment x -left y -left x -right y -right Soir Unit No. (ft) (ft) (ft) (ft) Below Segment 1 .0 103.0 100.0 103.0 2 2 100.0 103.0 355.0 188.0 3 3 355.0 188.0 377.5 188.0 3 4 377.5 188.0 382.5 188.0 4 5 382.5 188.0 420.0 188.0 3 9 SUBSURFACE boundary segments Segment x -left y -left x -right y -right Soil Unit No. (ft) (ft) (ft) (ft) Below Segment 1 100.0 103.0 377.4 103.0 2 2 377.4 103.0 377.5 188.0 4 3 382.5 188.0 382.6 103.0 4 4 382.6 103.0 420.0 103.0 2 5 .0 100.0 377.3 100.0 1 6 377.3 100.0 377.4 103.0 4 7 382.6 103.0 382.7 100.0 4 8 382.7 100.0 420.0 100.0 1 9 377.3 100.0 382.7 100.0 1 ISOTROPIC Soil Parameters 4 Soil unit(s) specified Soil Unit Weight Cohesion Friction Pore Pressure Water Page 1 SOUTH1EQ.OPT Unit Moist Sat. Intercept Angle Parameter Constant Surface No. (pcf) (pcf) (psf) (deg) Ru (psf) No. 1 125.0 141.0 2000.0 20.00 .000 .0 1 2 125.0 141.0 100.0 18.00 .000 .0 1 3 110.0 125.0 .0 35.00 .000 .0 1 4 62.4 62.4 .0 60.00 .000 .0 1 1 Water surface(s) have been specified Unit weight of water = 62.40 (pcf) Water Surface No. 1 specified by 5 coordinate points ********************************** PHREATIC SURFACE, ********************************** Point x -water y -water No. (ft) (ft) 1 .00 103.00 2 100.00 103.00 3 377.50 180.00 4 382.50 180.00 5 420.00 180.00 A horizontal earthquake loading coefficient of .070 has been assigned A vertical earthquake loading coefficient of .000 has been assigned BOUNDARY LOADS 2 load(s) specified Load x -left x -right Intensity Direction No. (ft) (ft) (psf) (deg) 1 365.0 366.0 20000.0 90.0 2 371.0 372.0 20000.0 90.0 NOTE - Intensity is specified as a uniformly distributed force acting on a HORIZONTALLY projected surface. A critical failure surface searching method, using a random technique for generating CIRCULAR surfaces has been specified. 2000 trial surfaces will be generated and analyzed. Page 2 SOUTH1EQ.OPT 10 Surfaces initiate from each of 200 points equally spaced along the ground surface between x = 75.0 ft and x = 175.0 ft Each surface terminates between x= and x= 325.0 ft 390.0 ft Unless further limitations were imposed, the minimum elevation at which a surface extends is y = 90.0 ft DEFAULT SEGMENT LENGTH SELECTED BY XSTABL * * * * 9.0 ft line segments define each trial failure surface. ANGULAR RESTRICTIONS : The first segment of each fai within the angular range defi Lower angular limit : Upper angular limit : lure surface will be inclined ned by : _ -45.0 degrees _ -1.0 degrees Factors of safety have been calculated by the : * * * SIMPLIFIED BISHOP METHOD * * * * * The most critical circular failure surface is specified by 31 coordinate points Point x -surf y -surf No. (ft) (ft) 1 105.15 104.72 2 114.02 103.20 3 122.94 102.00 4 131.90 101.11 5 140.88 100.54 6 149.88 100.28 7 158.88 100.33 8 167.87 100.70 9 176.84 101.38 10 185.79 102.38 11 194.69 103.69 12 203.54 105.31 13 212.33 107.24 14 221.05 109.48 15 229.69 112.02 16 238.23 114.86 17 246.66 118.00 Page 3 SOUTH1EQ.OPT 18 254.98 121.43 19 263.18 125.15 20 271.24 129.16 21 279.15 133.44 22 286.91 138.00 23 294.50 142.83 24 301.93 147.92 25 309.17 153.27 26 316.21 158.86 27 323.06 164.71 28 329.70 170.78 29 336.12 177.09 30 342.32 183.62 31 342.51 183.84 Simplified BISHOP FOS = 1.024 **** The following is a summary of the TEN most critical surfaces Problem Description Derr Pit South 1 EQ FOS Circle Center Radius Initial Terminal Resisting (BISHOP) x-coord y-coord x-coord x-coord Moment (ft) (ft) (ft) (ft) (ft) (ft -lb) 1. _1.024 152.82 357.32 257.07 105.15_ 342.51 6.115E+07 2. 1.028 169.05 363.00 262.72 111.18 364.99 7.831E+07 3. 1.032 150.92 342.59 241.98 105.65 329.68 5.184E+07 4. 1.033 152.47 367.20 266.71 105.15 347.75 6.589E+07- 5. 1.034 150.88 376.98 276.57 104.15 351.78 7.007E+07 6. 1.035 174.62 311.41 210.94 116.71 342.62 5.342E+07 7. 1.040 161.83 353.29 252.52 109.67 351.74 6.591E+07 8. 1.041 163.31 375.80 275.13 109.17 364.35 8.049E+07 9. 1.045 159.38 339.88 238.88 109.67 339.29 5,649E+07 10. 1.047 167.29 351.01 250.09 112.19 356.94 6.919E+07 END OF FILE Page 4 WEST2.OPT XSTABL File: WEST2 3-05-** 15:44 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XSTABL * * Slope Stability Analysis * using the * Method of Slices * * Copyright (C) 1992 A 96 * Interactive Software Designs, Inc. * Moscow, ID 83843, U.S.A. * * All Rights Reserved * Ver. 5.105a 95 A 1483 * ****************************************** Problem Description : Derr Pit West 2 SEGMENT BOUNDARY COORDINATES 5 SURFACE boundary segments Segment x -left y -left x -right y -right Soil Unit No. (ft) (ft) (ft) (ft) Below Segment. 1 .0 103.0 100.0 103.0 2 2 100.0 103.0 325.0 178.0 3 3 325.0 178.0 347.5 178.0 3 4 347.5 178.0 352.5 178.0 4 5 352.5 178.0 420.0 178.0 3 9 SUBSURFACE boundary segments Segment x -left _ y -left x -right y -right Soil Unit No. (ft) (ft) (ft) (ft) Below Segment 1 100.0 103.0 347.4 103.0 2 2 347.4 103.0 347.5 178.0 4 3 352.5 178.0 352.6 103.0 4 4 352.6 103.0 420.0 103.0 4 5 .0 100.0 347.3 100.0 1 6 347.3 100.0 347.4 103.0 4 7 352.6 103.0 352.7 100.0 4 8 352.7 100.0 420.0 100.0 1 9 347.3 100.0 352.7 100.0 1 ISOTROPIC Soil Parameters 4 Soil unit(s) specified Soil Unit Weight Cohesion Friction Pore Pressure Water Page 1 WEST2.OPT Unit Moist Sat. Intercept Angle Parameter Constant Surface No. (pcf) (pcf) (psf) (deg) Ru (psf) No. 1 125.0 141.0 2000.0 20.00 .000 .0 1 2 125.0 141.0 100.0 18.00 .000 .0 1 3 110.0 125.0 .0 35.00 .000 .0 1 4 62.4 62.4 .0 60.00 .000 .0 1 1 Water surface(s) have been specified Unit weight of water = 62.40 (pcf) Water Surface No. 1 specified by 5 coordinate points ********************************** PHREATIC SURFACE, ********************************** Point x -water y -water No. (ft) (ft) 1 .00 103.00 , 2 100.00 103.00 3 347.50 170.00 4 352.50 170.00 5 420.00 170.00 BOUNDARY LOADS 4 load(s) specified Load x -left x -right Intensity Direction No. (ft) (ft) (psf) (deg) 1 335.0 336.0 20000.0 90.0 2 341.0 342.0 20000.0 90.0 3 385.5 386.5 20000.0 90.0 4 391.5 392.5 20000.0 90.0 NOTE - Intensity is specified as a uniformly distributed force acting on a HORIZONTALLY projected surface. A critical failure surface searching method, using a random technique for generating CIRCULAR surfaces has been specified. 2000 trial surfaces will be generated and analyzed. 10 Surfaces initiate from each of 200 points equally spaced along the ground surface between x = 75.0 ft and x = 175.0 ft Page 2 WEST2.OPT Each surface terminates between x = 295.0 ft and x = 360.0 ft Unless further limitations were imposed, the minimum elevation at which a surface extends is y = 90.0 ft * * * * * DEFAULT SEGMENT LENGTH SELECTED BY XSTABL * * * 8.0 ft line segments define each trial failure surface. ANGULAR RESTRICTIONS : The first segment of each failure surface will be inclined within the angular range defined by : Lower angular limit := -45.0 degrees Upper angular limit :_ -1.0 degrees Factors of safety have been calculated by the : * * * SIMPLIFIED BISHOP METHOD * * * * * The most critical circular failure surface is specified by 28 coordinate points Point x -surf y -surf No. (ft) (ft) 1 111.18 106.73 2 118.92 104.72 3 126.75 103.06 4 134.65 101.77 5 142.59 100.83 6 150.57 100.26 7 158.57 100.06 8 166.57 100.22 9 174.55 100.74 10 182.50 101.63 11 190.40 102.89 12 198.24 104.50 13 205.99 106.47 14 213.65 108.79 15 221.19 111.45 16 228.60 114.46 17 235.87 117.81 18 242.97 121.48 19 249.91 125.48 20 256.65 129.78 21 263.19 134.39 22 269.51 139.30 23 275.60 144.49 Page 3 * * WEST2.OPT 24 281.44 149.95 25 287.03 155.67 26 292.36 161.64 27 297.40 167.85 28 298.34 169.11 **** Simplified BISHOP FOS = 1.301 * *** The following is a summary of the TEN most critical surfaces Problem Description : Derr Pit West 2 FOS Circle Center. Radius Initial Terminal Resisting (BISHOP) x-coord y-coord x-coord x-coord Moment (ft) (ft) (ft) (ft) (ft) (ft -lb) 1. 1.301 159.05 275.14 175.08 111.18 298.34 3.134E+07 2. 1.315 161.59 276.37 176.06 112.69 302.12 3.284E+07 3. 1.318 166.95 281.04 180.85 114.70 312.58 3,752E+07 4. 1.322 148.25 300.54 199.97 106.16 299.16 3.485E+07 5. 1.323 154.30 318.13 217.64 107.66 319.11 4.584E+07 6. 1.328 148.51 362.01 261.92 103.14 334.86 6.360E+07 7. 1.330 157.76 275.13 174.43 111.68 295.49 3.033E+07 8. 1.335 138.92 317.55 216.98 102.14 296.59 3.594E+07 9. 1.340 155.75 284.76 183.81 110.68 298.69 3.265E+07 10. 1.340 152.10 324.80 223.97 107.16 319.64 4.709E+07 * * * END OF FILE Page 4 * WEST2EQ.OPT XSTABL File: WEST2EQ 3-05-** 15:49 ****************************** XSTABL Slope Stability Analysis using the Method of Slices Copyright (C) 1992 A 96 Interactive Software Designs, Inc. Moscow, ID 83843, U.S.A. * All Rights Reserved * * Ver. 5.105a 95 A 1483 ****************************************** Problem Description Derr Pit West 2 EQ SEGMENT BOUNDARY COORDINATES 5 SURFACE boundary segments Segment x -left y -left x -right y -right Soil Unit No. (ft) (ft) (ft) (ft) Below Segment 1 .0 103.0 100.0 103.0 2 2 100.0 103.0 325.0 178.0 3 3 325.0 178.0 347.5 178.0 3 4 347.5 178.0 352.5 178.0 4 5 352.5 178.0 420.0 178.0 3 9 SUBSURFACE boundary segments Segment x -left y -left x -right y -right Soil Unit No. (ft) (ft) (ft) (ft) Below Segment 1 100.0 103.0 347.4 103.0 2 2 347.4 103.0 347.5 178.0 4 3 352.5 178.0 352.6 103.0 4 4 352.6 103.0 420.0 103.0 4 5 .0 100.0 347.3 100.0 1 6 347.3 100.0 347.4 103.0 4 7 352.6 103.0 352.7 100.0 4 8 352.7 100.0 420.-0 100.0 1 9 347.3 100.0 352.7 100.0 1 ISOTROPIC Soil Parameters 4 Soil unit(s) specified Soil Unit Weight Cohesion Friction Pore Pressure Water Page 1 WEST2EQ.OPT Unit Moist Sat. Intercept Angle Parameter Constant Surface No. (pcf) (pcf) (psf) (deg) Ru (psf) No. 1 125.0 141.0 2000.0 20.00 .000 .0 1 2 125.0 141.0 100.0 18.00 .000 .0 1 3 110.0 125.0 .0 35.00 .000 .0 1 4 62.4 62.4 .0 60.00 .000 .0 1 1 Water surface(s) have been specified Unit weight of water = 62.40 (pcf) Water Surface No. 1 specified by 5 coordinate points ********************************** PHREATIC SURFACE, ************************ Point x -water y -water No. (ft) (ft) 1 .00 103.00 2 100.00 103.00 3 347.50 170.00 4 352.50 170.00 5 420.00 170.00 A horizontal earthquake loading coefficient of .070 has been assigned A vertical earthquake loading coefficient of .000 has been assigned BOUNDARY LOADS 4 load(s) specified Load x -left x -right Intensity Direction No. (ft) (ft) (psf) (deg) 1 335.0 336.0 20000.0 90.0 2 341.0 342.0 20000.0 90.0 3 385.5 386.5 20000.0 90.0 4 391.5 392.5 20000.0 90.0 NOTE - Intensity is specified as a uniformly distributed force acting on a HORIZONTALLY projected surface. A critical failure surface searching method, using a random technique for generating CIRCULAR surfaces has been specified. Page 2 WEST2EQ.OPT 2000 trial surfaces will be generated and analyzed. 10 Surfaces initiate from each of 200 points equally spaced along the ground surface between x = 75.0 ft and x = 175.0 ft Each surface terminates between x = 295.0 ft and x = 360.0 ft Unless further limitations were imposed, the minimum elevation at which a surface extends is y = 90.0 ft * * * * * DEFAULT SEGMENT LENGTH SELECTED BY XSTABL * * * * * 8.0 ft line segments define each trial failure surface. ANGULAR RESTRICTIONS : The first segment of each fai within the angular range defi Lower angular limit : Upper angular limit : lure surface will be inclined ned by : -45.0 degrees = -1.0 degrees Factors of safety have been calculated by the : * * * * * SIMPLIFIED BISHOP METHOD * * * * * The most critical circular failure surface is specified by 28 coordinate points Point x -surf y -surf No. (ft) (ft) 1 111.18 106.73 2 118.92 104.72 3 126.75 103.06 4 134.65 101.77 5 142.59 100.83 6 150.57 100.26 7 158.57 100.06 8 166.57 100.22 9 174.55 100.74 10 182.50 101.63 11 190.40 102.89 12 198.24 104.50 13 205.99 106.47 14 213.65 108.79 15 221.19 111.45 Page 3 WEST2EQ.OPT 16 228.60 114.46 17 235.87 117.81 18 242.97 121.48 19 249.91 125.48 20 256.65 129.78 21 263.19 134.39 22 269.51 139.30 23 275.60 144.49 24 281.44 149.95 25 287.03 155.67 26 292.36 161.64 27 297.40 167.85 28 298.34 169.11 **** Simplified BISHOP FOS = 1.030 * The following is a summary of the TEN most critical surfaces Problem Description : Derr Pit West 2 EQ FOS Circle Center Radius Initial Terminal Resisting (BISHOP) x-coord y-coord x-coord x-coord Moment (ft) (ft) (ft) (ft) (ft) (ft -lb) 1. 1.030 159.05 275.14 175.08 111.18 298.34 3.011E+07 2. 1.041 161.59 276.37 176.06 112.69 302.12 3.158E+07 3. 1.044 166.95 281.04 180.85 114.70 312.58 3.609E+07 4. 1.047 148.25 300.54 199.97 106.16 299.16 3.349E+07 5. 1.047 154.30 318.13 217.64 107.66 319.11 4.405E+07 6. 1.050 148.51 362.01 261.92 103.14 334.86 6.112E+07 7. 1.054 157.76 275.13 174.43 111.68 295.49 2.917E+07 8. 1.057 138.92 317.55 216.98 102.14 296.59 3.455E+07 9. 1.061 152.10 324.80 223.97 107.16 319.64 4.528E+07 10. 1.062 155.75 284.76 183.81 110.68 298.69 3.141E+07 * * * END OF FILE * Page 4 * * NORTH3.OPT XSTABL File: NORTH3 3-05-** 15:44 **************************************** * XSTABL * * Slope Stability Analysis * using the * Method of Slices * * Copyright (C) 1992 A 96 * Interactive Software Designs, Inc. * Moscow, ID 83843, U.S.A. * All Rights Reserved * Ver. 5.105a 95 A 1483 ****************************************** Problem Description : Derr Pit North 3 SEGMENT BOUNDARY COORDINATES 5 SURFACE boundary segments Segment x -left y -left x -right y -right Soil Unit No. (ft) (ft) (ft) (ft) Below_ Segment. 1 .0 103.0 100.0 103.0 2 2 100.0 103.0 355.0 188.0 3 3 355.0 188.0 377.5 188.0 3 4 377.5 188.0 382.5 188.0 4 5 382.5 188.0 505.0 188.0 3 9 SUBSURFACE boundary segments Segment x -left y -left x -right y -right Soil Unit No. (ft) (ft) (ft) (ft) Below Segment 1 100.0 103.0 377.4 103.0 2 2 377.4 103.0 377.5 188.0 4 3 382.5 188.0 382.6 103.0 4 4 382.6 103.0 505.0 103.0 2 5 .0 100.0 377.3 100.0 1 6 377.3 100.0 377.4 103.0 4 7 382.6 103.0 382.7 100.0 4 8 382.7 100.0 505.0 100.0 1 9 377.3 100.0 382.7 100.0 1 ISOTROPIC Soil Parameters 4 Soil unit(s) specified Soil Unit Weight Cohesion Friction Pore Pressure Water Page 1 NORTH3.OPT Unit Moist Sat. Intercept Angle Parameter Constant Surface No. (pcf) (pcf) (psf) (deg) Ru (psf) No. 1 125.0 141.0 2000.0 20.00 .000 .0 1 2 125.0 141.0 100.0 18.00 .000 .0 1 3 110.0 125.0 .0 35.00 .000 .0 1 4 62.4 62.4 .0 60.00 .000 .0 1 1 Water surface(s) have been specified Unit weight of water = 62.40 (pcf) Water Surface No. 1 specified by 5 coordinate points ********************** PHREATIC SURFACE, ********************************** Point x -water y -water No. (ft) (ft) 1 .00 103.00 2 100.00 103.00 3 377.50 180.00 4 382.50 180.00 5 505.00 180.00 BOUNDARY LOADS 2 load(s) specified Load x -left x -right Intensity Direction No. (ft) (ft) (psf) (deg) 1 365.0 366.0 20000.0 90.0 2 371.0 372.0 20000.0 90.0 NOTE - Intensity is specified as a uniformly distributed force acting on a HORIZONTALLY projected surface. A critical failure surface searching method, using a random technique for generating CIRCULAR surfaces has been specified. 2000 trial surfaces will be generated and analyzed. 10 Surfaces initiate from each of 200 points equally spaced along the ground surface between x = 75.0 ft and x = 175.0 ft Each surface terminates between x = 325.0 ft Page 2 NORTH3.OPT and x = 390.0 ft Unless further limitations were imposed, the minimum elevation at which a surface extends is y = 90.0 ft * * * * * DEFAULT SEGMENT LENGTH SELECTED BY XSTABL * * * * * 9.0 ft line segments define each trial failure surface. ANGULAR RESTRICTIONS : The first segment of each failure surface will be inclined within the angular range defined by : Lower angular limit := -45.0 degrees Upper angular limit := -1.0 degrees Factors of safety have been calculated by the * * * * * SIMPLIFIED BISHOP METHOD * * * The most critical circular failure surface is specified by 31 coordinate points Point x -surf y -surf No. (ft) (ft) 1 105.15 104.72 2 114.02 103.20 3 122.94 102.00 4 131.90 101.11 5 140.88 100.54 6 149.88 100.28 7 158.88 100.33 8 167.87 100.70 9 176.84 101.38 10 185.79 102.38 11 194.69 103.69 12 203.54 105.31 13 212.33 107.24 14 221.05 109.48 15 229.69 112.02 16 238.23 114.86 17 246.66 118.00 18 254.98 121.43 19 263.18 125.15 20 271.24 129.16 21 279.15 133.44 22 286.91 138.00 23 294.50 142.83 24 301.93 147.92 25 309.17 153.27 Page 3 NORTH3.OPT 26 316.21 158.86 27 323.06 164.71 28 329.70 170.78 29 336.12 177.09 30 342.32 183.62 31 342.51 183.84 Simplified BISHOP FOS = 1.295 **** The following is a summary of the TEN most critical surfaces Problem Description : Derr Pit North 3 FOS Circle Center Radius Initial Terminal Resisting (BISHOP) x-coord y-coord x-coord x-coord Moment (ft) (ft) (ft) (ft) (ft) (ft -lb) 1. 1.295 152.82 357.32 257..07 105.15 342.51 6.368E+07 2. 1.301 169.05 363.00 262.72 111.18 364.99 8.151E+07 3. 1.304 150.92 342.59 241.98 105.65 329.68 5.397E+07 4. 1.305 152.47 367.20 266.71 105.15 347.75 6.858E+07 5. 1.306 150.88 376.98 276.57 104.15 351.78 7.295E+07 6. 1.306 174.62 311.41 210.94 116.71 342.62 5.554E+07 7. 1.313 161.83 353.29 252.52 109.67 351.74 6.857E+07 8. 1.315 163.31 375.80 275.13 109.17 364.35 8.375E+07 9. 1.319 159.38 339.88 238.88 109:67 339.29 5.875E+07 10. 1.320 178.67 306.33 205.70 119.22 344.36 5.557E+07 * * * END OF FILE Page 4 NORTH3EQ.OPT XSTABL File: NORTH3EQ 3-05-** 15:50 ******************************* * * * * * Copyright (C) 1992 A 96 * Interactive Software Designs, Inc. * Moscow, ID 83843, U.S.A. X STAB L Slope Stability Analysis using the Method of Slices All Rights Reserved * Ver. 5.105a 95 A 1483 ****************************************** Problem Description : Derr Pit North 3 EQ SEGMENT BOUNDARY COORDINATES * 5 SURFACE boundary segments Segment x -left y -left x -right y -right Soil Unit No. (ft) (ft) (ft) (ft) Below Segment 1 .0 103.0 100.0 103.0 2 2 100.0 103.0 355-.0 188.0 3 3 355.0 188.0 377.5 188.0 3 4 377.5 188.0 382.5 188.0 4 5 382.5 188.0 505.0 188.0 3 9 SUBSURFACE boundary segments Segment x -left y -left x -right y -right Soil Unit No. (ft) (ft) (ft) (ft) Below Segment 1 100.0 103.0 377.4 103.0 2 2 377.4 103.0 377.5 188.0 4 3 382.5 188.0 382.6 103.0 4 4 382.6 103.0 505.0 103.0 2 5 .0 100.0 377.3 100.0 1 6 377.3 100.0 377.4 103.0 4 7 382.6 103.0 382.7 100.0 4 8 382.7 100.0 505.0 100.0 1 9 377.3 100.0 382.7 100.0 1 ISOTROPIC Soil Parameters 4 Soil unit(s) specified Soil Unit Weight Cohesion Friction Pore Pressure Water Page 1 NORTH3EQ.OPT Unit Moist Sat. Intercept Angle Parameter Constant Surface No. (pcf) (pcf) (psf) (deg) Ru (psf) No. 1 125.0 141.0 2000.0 20.00 .000 .0 1 2 125.0 141.0 100.0 18.00 .000 .0 1 3 110.0 125.0 .0 35.00 .000 .0 1 4 62.4 62.4 .0 60.00 .000 .0 1 1 Water surface(s) have been specified Unit weight of water = 62.40 (pcf) Water Surface No. 1 specified by 5 coordinate points ********************************** PHREATIC SURFACE, ********************************** Point x -water y -water No. (ft) (ft) 1 .00 103.00 2 100.00 103.00 3 377.50 180.00 4 382.50 180.00 5 505.00 180.00 A horizontal earthquake loading coefficient of .070 has been assigned A vertical earthquake loading coefficient of .000 has been assigned BOUNDARY LOADS 2 load(s) specified Load x -left x -right Intensity Direction No. (ft) (ft) (psf) (deg) 1 365.0 366.0 20000.0 90.0 2 371.0 372.0 20000.0 90.0 NOTE - Intensity is specified as a uniformly distributed force acting on a HORIZONTALLY projected surface. A critical failure surface searching method, using a random technique for generating CIRCULAR surfaces has been specified. 2000 trial surfaces will be generated and analyzed. Page 2 NORTH3EQ.OPT 10 Surfaces initiate from each of 200 points equally spaced along the ground surface between x = 75.0 ft and x = 175.0 ft Each surface terminates between x = 325.0 ft and x = 390.0 ft Unless further limitations were imposed, -the minimum elevation at which a surface extends is y = 90.0 ft * * * * * DEFAULT SEGMENT LENGTH SELECTED BY XSTABL * * * * * 9.0 ft line segments define each trial failure surface. ANGULAR RESTRICTIONS : The first segment of each failure surface will be inclined within the angular range defined by : Lower angular limit := -45.0 degrees Upper angular limit := -1.0 degrees Factors of safety have been calculated by the : * * * * * SIMPLIFIED BISHOP METHOD The most critical circular failure surface is specified by 31 coordinate points Point x -surf y -surf No. (ft) (ft) 1 105.15 104.72, 2 114.02 103.20 3 122.94 102.00 4 131.90 101.11 5 140.88 100.54 6 149.88 100.28 7 158.88 100.33 8 167.87 100.70 9 176.84 101.38 10 185.79 102.38 11 194.69 103.69 12 203.54 105.31 13 212.33 107.24 14 221.05 109.48 15 229.69 112.02 16 238.23 114.86 17 246.66 118.00 Page 3 NORTH3EQ.OPT 18 254.98 121.43 19 263.18 125.15 20 271.24 129.16 21 279.15 133.44 22 286.91 138.00 23 294.50 142.83 24 301.93 147.92 25 309.17 153.27 26 316.21 158.86 27 323.06 164.71 28 329.70 170.78 29 336.12 177.09 30 342.32 183.62 31 342.51 183.84 Simplified BISHOP FOS = 1.024 * * The following is a summary of the TEN most critical surfaces Problem Description : Derr Pit North 3 EQ FOS Circle Center Radius Initial Terminal Resisting (BISHOP) x-coord y-coord x-coord x-coord Moment (ft) (ft) (ft) (ft) (ft) (ft -lb) 1. 1.024 152.82 357.32 257.07 105.15 342.51 6.115E+07 2. 1.028 169.05 363.00 262.72 111.18 364.99 7.831E+07 3. 1.032 150.92 342.59 241.98 105.65 329.68 5.184E+07 4. 1.033 152.47 367.20 266.71 105.15 347.75 6.589E+07 5. 1.034 150.88 376.98 276.57 104.15 351.78 7.007E+07 6. 1.035 174.62 311.41 210.94 116.71 342.62 5.342E+07 7. 1.040 161.83. 353.29 252.52 109.67 351.74 6.591E+07 8. 1.041 163.31 375.80 275.13 109.17 364.35 8.049E+07 9. 1.045 159.38 339.88 238.88 109.67 339.29 5,649E+07 10. 1.047 167.29 351.01 250.09 112.19 356.94 6.919E+07 * * * END OF FILE Page 4 * WELL4.OPT XSTABL File: WELL4 3-05-** 15:45 * * * * * * * Copyright (C) 1992 A 96 * Interactive Software Designs, Inc. * Moscow, ID 83843, U.S.A. * * * * Ver, 5.105a 95 A 1483 * ****************************************** XSTABL Slope Stability Analysis using the Method of Slices All Rights Reserved Problem Description : Derr Pit Well 4 SEGMENT BOUNDARY COORDINATES 3 SURFACE boundary segments Segment x -left y -left x -right y -right Soil Unit No. (ft) (ft) (ft) (ft) Below Segment 1 .0 103.0 100.0 103.0 2 2 100.0 103.0 355.0 188.0 3 3 355.0 188.0 505.0 188.0 3 2 SUBSURFACE boundary segments Segment x -left y -left x -right y -right Soil Unit No. (ft) (ft) (ft) (ft) Below Segment 1 100.0 103.0 505.0 103.0 2 2 .0 100.0 505.0 100.0 1 ISOTROPIC Soil Parameters 4 Soil unit(s) specified Soil Unit Weight Cohesion Friction Pore Pressure Water Unit Moist Sat. Intercept Angle Parameter Constant Surface No. (pcf) (pcf) (psf) (deg) Ru (psf) No. 1 125.0 141.0 2000.0 20.00 .000 .0 1 2 125.0 141.0 100.0 18.00 .000 .0 1 3 110.0 125.0 .0 35.00 .000 .0 1 4 62.4 62.4 .0 60.00 .000 .0 1 Page 1 WELL4.OPT 1 Water surface(s) have been specified Unit weight of water = 62.40 (pcf) Water Surface No. 1 specified by 4 coordinate points PHREATIC SURFACE, *************** Point x -water y -water No. (ft) (ft) 1 .00 103.00 2 100.00 103.00 3 420.00 180.00 4 505.00 180.00 BOUNDARY LOADS 2 load(s) specified Load x -left x -right Intensity Direction No. (ft) (ft) (psf) (deg) 1 365.0 366.0 20000.0 90.0 2 371.0 372.0 20000.0 90.0 NOTE - Intensity is specified as a uniformly distributed force acting on a HORIZONTALLY projected surface. A critical failure surface searching method, using a random technique for generating CIRCULAR surfaces has been specified. 2000 trial surfaces will be generated and analyzed. 10 Surfaces initiate from each of 200 points equally spaced along the ground surface between x = 75.0 ft and x = 175.0 ft Each surface terminates between x = 325.0 ft and x = 390.0 ft Unless further limitations were imposed, the minimum elevation at which a surface extends is y = 90.0 ft * * * * * DEFAULT SEGMENT LENGTH SELECTED BY XSTABL * * * * * Page 2 WELL4.OPT 9.0 ft line segments define each trial failure surface. ANGULAR RESTRICTIONS : The first segment of each failure surface will be inclined within the angular range defined by : Lower angular limit := -45.0 degrees Upper angular limit := -1.0 degrees Factors of safety have been calculated by the : * * * * SIMPLIFIED BISHOP METHOD * * The most critical circular failure surface is specified by 31 coordinate points Point x -surf y -surf No. (ft) (ft) * * * * 1 105.15 104.72 2 114.02 103.20 3 122.94 102.00 4 131.90 101.11 5 140.88 100.54 6 149.88 100.28 7 158.88 100.33 8 167.87 100.70 9 176.84 101.38 10 185.79 102.38 11 194.69 103.69 12 203.54 105.31 13 212:33 107.24 14 221.05 109.48 15 229.69 112.02 16 238.23 114.86 17 246.66 118.00 18 254.98 121.43 19 263.18 125.15 20 271.24 129.16 21 279.15 133.44 22 286.91' 138.00 23 294.50 142.83 24 301.93 147.92 25 309.17 153.27 26 316.21 158.86 27 323.06 164.71 28 329.70 170.78 29 336.12 177.09 30 342.32 183.62 31 342.51 183.84 Simplified BISHOP FOS = 1.458 Page 3 * * * * * WELL4.OPT The following is a summary of the TEN most critical surfaces Problem Description : Derr Pit Well 4 FOS Circle Center Radius Initial Terminal Resisting (BISHOP) x-coord y-coord x-coord x-coord Moment (ft) (ft) (ft) (ft) (ft) (ft -lb) 1. 1.458 152.82 357.32 257.07 105.15 342.51 6.998E+07 2. 1.464 169.05 363.00 262.72 111.18 364.99 8.955E+07 3. 1.466 174.62 311.41 210.94 116.71 342.62 6,086E+07 4. 1.469 150.92 342.59 241.98 105.65 329.68 5.931E+07 5. 1.471 152.47 367.20 266.71 105.15 347.75 7.542E+07 6. 1.473 150.88 376.98 276.57 104.15 351.78 8.024E+07 7. 1.479 161.83 353.29 252.52 109.67 351.74 7.535E+07 8. 1.481 178.67 306.33 205.70 119.22 344.36 6.086E+07 9. 1.483 163.31 375.80 275.13 109.17 364.35 9.211E+07 10. 1.485 159.38 339.88 238.88 109.67 339.29 6.456E+07 * * * END OF FILE * * * Page 4 WELL4EQ.OPT XSTABL File: WELL4EQ 3-05-** 15:47 ****************************************** * XSTABL * Slope Stability Analysis * using the * Method of Slices * * Copyright (C) 1992 A 96 * Interactive Software Designs, Inc. * Moscow, ID 83843, U.S.A. * * All Rights Reserved * * Ver. 5.105a 95 A 1483 ************************************** Problem Description Derr Pit Well 4 EQ SEGMENT BOUNDARY COORDINATES 3 SURFACE boundary segments Segment x -Left y -left x -right y -right Soil Unit No. (ft) (ft) (ft) (ft) Below Segment 1 .0 103.0 100.0 103.0 2 2 100.0 103.0 355.0 188.0 3 3 355.0 188.0 505.0 188.0 3 2 SUBSURFACE boundary segments Segment x -left y -left x -right y -right Soil Unit No. (ft) (ft) (ft) (ft) Below Segment 1 100.0 103.0 505.0 103.0 2 2 .0 100.0 505.0 100.0 1 ISOTROPIC Soil Parameters 4 Soil unit(s) specified Soil Unit Weight Cohesion Friction Pore Pressure Water Unit Moist Sat. Intercept Angle Parameter Constant Surface No. (pcf) (pcf) (psf) (deg) Ru (psf) No. 1 125.0 141.0 2000.0 20.00 .000 .0 1 2 125.0 141.0 100.0 18.00 .000 .0 1 3 110.0 125.0 .0 35.00 .000 .0 1 4 62.4 62.4 .0 60.00 .000 .0 1 Page 1 WELL4EQ.OPT 1 Water surface(s) have been specified Unit weight of water = 62.40 (pcf) Water Surface No. 1 specified by 4 coordinate points PHREATIC SURFACE, Point x -water y -water No. (ft) (ft) 1 .00 103.00 2 100.00 103.00 3 420.00 180.00 4 505.00 180.00 A horizontal earthquake loading coefficient of .070 has been assigned A vertical earthquake loading coefficient of .000 has been assigned BOUNDARY LOADS 2 load(s) specified Load x -left x -right Intensity Direction No. (ft) (ft) (psf) (deg) 1 365.0 366.0 20000.0 90.0 2 371.0 372.0 20000.0 90.0 NOTE - Intensity is specified as a uniformly distributed force acting on a HORIZONTALLY projected surface. A critical failure surface searching method, using a random technique for generating CIRCULAR surfaces has been specified. 2000 trial surfaces will be generated and analyzed. 10 Surfaces initiate from each of 200 points equally spaced along the ground surface between x = 75.0 ft and x = 175.0 ft Each surface terminates between x = 325.0 ft and x = 390.0 ft Page 2 WELL4EQ.OPT Unless further limitations were imposed, the minimum elevation at which a surface extends is y = 90.0 ft * * * * * DEFAULT SEGMENT LENGTH SELECTED BY XSTABL * * * 9.0 ft line segments define each trial failure surface. ANGULAR RESTRICTIONS : The first segment of each failure surface will be inclined within the angular range defined by : Lower angular limit := -45.0 degrees Upper angular limit :_-1.0 degrees Factors of safety have been calculated by the : * * * * * SIMPLIFIED BISHOP METHOD * * * * * The most critical circular failure surface is specified by 31 coordinate points Point x -surf y -surf No. (ft) (ft) 1 105.15 104.72 2 114.02 103.20 3 122.94 102.00 4 131.90 101.11 5 140.88 100.54 6 149.88 100.28 7 158.88 100.33 8 167.87 100.70 9 176.84 101.38 10 185.79 102.38 11 194.69 103.69 12 203.54 105.31 13 212.33 107.24 14 221.05 109.48 15 229.69 112.02 16 238.23 114.86 17 246.66 118.00 18 254.98 121.43 19 263.18 125.15 20 271.24 129.16 21 279.15 133.44 22 286.91 138.00 23 294.50 142.83 24 301.93 147.92 25 309.17 153.27 26 316.21 158.86 27 323.06 164.71 Page 3 * * WELL4EQ.OPT 28 329.70 170.78 29 336.12 177.09 30 342.32 183.62 31 342.51 183.84 **** Simplified BISHOP FOS = 1.156 **** The following is a summary of the TEN most critical surfaces Problem Description Derr Pit Well 4 EQ FOS Circle Center Radius Initial Terminal Resisting (BISHOP) x-coord y-coord x-coord x-coord Moment (ft) (ft) (ft) (ft) (ft) (ft -lb) 1. 1.156 152.82 357.32 257.07 105.15 342.51 6.741E+07 2. 1.160 169.05 363.00 262.72 111.18 364.99 8.629E+07 3. 1.164 174.62 311.41 210.94 116.71 342.62 5.868E+07 4. 1.165 150.92 342.59 241.98 105.65 329.68 5.716E+07 5. 1.167 152.47 367.20 266.71 105.15 347.75 7.268E+07 6. 1.168 150.88 376.98 276.57 104.15 351.78 7.733E+07 7. 1.174 161.83 353.29 252.52 109.67 351.74 7.265E+07 8. 1.176 163.31 375.80 275.13 109.17 364.35 8.881E+07 9. 1.176 178.67 306.33 205.70 119.22 344.36 5.873E+07 10. 1.179 159.38 339.88 238.88 109.67 339.29 6.226E+07 END OF FILE * * Page 4 Hello