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HomeMy WebLinkAbout20162084.tiffEpviropept, Inc. LARRY E. O'BRIAN FOUNDER STEVAN L. O'BRIAN PRESIDENT June 24, 2016 Weld County Clerk to the Board Board of County Commissioners Office 1 150 O Street Greeley, Colorado 80631 Re: Amendment of a Mined Land Reclamation Permit 7985 VANCE DRIVE, SUITE 205A ARVADA, COLORADO 80003 303-423-7297 FAX 303-423-7599 Dear Sir/Madam: We are delivering to you here with an amendment to our approved permit application for the Carbon Valley Resource (permit # M-2001-017) operated by L.G. Everist, Incorporated. Two copies of the amendment application are on file with the Division of Reclamation, Mining & Safety. This copy of the amendment application is delivered to you pursuant to 34-32.5-112(9)(a), Colorado Revised Statutes 1995, as amended, which states in part: .... the applicant shall place a copy of such application for public inspection at the office of the Board and Office of the County Clerk and Recorder of the county in which the affected land is located. This book must be kept for public review until the amendment has been approved by the Division. We will contact you once it is and make arrangements to pickup this copy. Please acknowledge receipt of the copy of the permit amendment by signing in the appropriate space provided below and returning one copy of this letter to the person delivering the book. This will be submitted to the Division of Reclamation, Mining & Safety to prove the amendment book was delivered to your office. Yours truly, MENT, INC. Stevan L. O'Brian enclosure --g1;t.-utuJ 7-b-aaL RECEIVED JUN 242016 WELD COUNTY COMMISSIONERS RECEIVED THIS GH DAY OF Joni, , 2016, one copy of an application amendment packet for above referenced mine. Weld County lerk to the Board 4.1.C Cr:PL, eG0 Co t asi l co 2016-2084 L.G. EVERI ST, INC. Carbon Valley Resource - M-2001-017 WELD COUNTY, COLORADO Regular 112 permit - Amendment June 2016 Amendment to an Application for a Mined Land Reclamation Board Construction Materials Permit PREPARED BY ENVIRONMENT, INC. 7985 VANCE DR., SUITE 205A ARVADA, CO 80003 (303) 423-7297 1 STATE OF COLORADO ' ,9,6,21 2) 5(&/$0$7,21 0,1,1* $1' 6$)(7< ' HSDIW FU/'Ptl 1 DRQIDC5 HvRO WEW 6 KELP MOWS ' FKM-I,1 & RRIJCfi 3 Km -I )$; CONSTRUCTION MATERIALS REGULAR (112) OPERATION RECLAMATION PERMIT APPLICATION FORM CHECK ONE: Ed There is a File Number Already Assigned to this Operation Permit # Permit # COLORADO DIVISION OF RECLAMATION MINING — &— SAFETY M - 2,001 _ 017 - (Please reference the file number currently assigned to this operation) New Application (Rule 1.4.5) Conversion Application (Rule 1.11) M _2001_017 _ Amendment Application (Rule 1.10) (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts: (1) the application form; (2) Exhibits A -S, Addendum I, any sections of Exhibit 6.5 (Geotechnical Stability Exhibit; and (3) the application fee. When you submit your application, be sure to include one (I) complete signed and notarized ORIGINAL and one (I) copy of the completed application form, two (2) copies of Exhibits A -S, Addendum 1, appropriate sections of 6.5 (Geotechnical Stability Exhibit, and a check for the application fee described under Section (4) below. Exhibits should NOT be bound or in a 3 -ring binder; maps should be folded to 8 1/2" X 11" or 8 1/2" X 14" size. To expedite processing, please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, ALL information requested below. I. Applicant/operator or company name (name to be used on permit): L.G. Everist, Incorporated 1.1 Type of organization (corporation, partnership, etc.): corporation 2. Operation name (pit, mine or site name): 3. Permitted acreage (new or existing site): 3.1 Change in acreage (+) 3.2 Total acreage in Permit area Carbon Valley Resource 4. Fees: 4.1 New Application 4.2 New Quarry Application 4.4 Amendment Fee 4.5 Conversion to 112 operation (set by statute) 5. Primary commoditie(s) to be mined: sand 5.1 Incidental commoditie(s) to be mined: 1. 3. / lbs/Tons/yr 4. n/a gravel 5.2 Anticipated end use of primary commoditie(s) to be mined: _ 5.3 Anticipated end use of incidental commoditie(s) to be mined 65.0 56.4 121.4 $2,696.00 $3,342.00 $2,229.00 $2,696.00 lbs/Tons/yr 2. / lbs/Tons/yr 5. construction aggregates permitted acres acres acres application fee quarry application amendment fee conversion fee lbs/Tons/yr lbs/Tons/yr n/a 2 6. Name of owner of subsurface rights of affected land: L.G. Everist, Inc. If 2 or more owners, "refer to Exhibit O". 7. Name of owner of surface of affected land: L.G. Everist, Inc. 8. Type of mining operation: El Surface Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: WELD PRINCIPAL MERIDIAN (check one): 6th (Colorado) SECTION (write number): S 6 TOWNSHIP (write number and check direction): RANGE (write number and check direction): QUARTER SECTION (check one): QUARTER/QUARTER SECTION (check one): GENERAL DESCRIPTION: (the number of miles Approx. 1/2 mile north of Town of Firestone (center), approx. 4810' elevation 10th (New Mexico) Ute T 2 [1 North Q South R 67 fl East P1 West NE HNW ❑ SE SW NE ENW �SE �SW and direction from the nearest town and the approximate elevation): 10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) 39° 4411 12.98 I (W) 104° 591 3.871 Latitude (N): deg Longitude (W): deg OR min min sec (2 decimal places) sec (2 decimal places) Example: (N) 39.73691° (W) -104.98449° Latitude (N) 40.175367 (5 decimal places) Longitude(W) -104.936479 (5 decimal places) OR Universal Tranverse Mercator (UTM) Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Datum (specify NAD27, NAD83 or WGS 84) Nad 83 Zone 13 Easting Northing 3 11. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Dennis Fields Contact's Name: Company Name: Street/P.O. Box: City: State: Telephone Number: Fax Number: L.G. Everist, Inc. Title: Vice President 7321 E 88th Avenue, Suite 200 Henderson P.O. Box: CO Zip Code: 80640 (303 ) _ 287-4656 (main office number) (303 ) _ 289-1348 PERMITTING CONTACT (if different from applicant/operator above) Steve O'Brian Contact's Name: Company Name: Street/P.O. Box: City: State: Telephone Number: Fax Number: INSPECTION CONTACT Contact's Name: Company Name: Street/P.O. Box: City: State: Telephone Number: Fax Number: Environment, Inc. Title: owner/president 7985 Vance Drive, Suite 205A Arvada P.O. Box: CO (303 ) _ 423-7297 (303 ) _ 423-7599 Lynn M. Shults L.G. Everist, Inc. Zip Code: 80003 Title: Regulatory Manager 7321 E 88th Avenue, Suite 200 Henderson P.O. Box: CO (303 ) _ 286-2247 (direct line) (303 )_ 289-1348 CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: 80640 Zip Code: Telephone Number: ( )- CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Telephone Number: Zip Code: ( )- 4 12. Primary uture (Post -mining) land use (check one): Cropland(CR) E Pastureland(PL) Rangeland(RL) J Forestry(FR) Residential(RS) n Recreation(RC) Developed Water Resources(WR) 13. Primary present land use (check one): Cropland(CR) I Pastureland(PL) Rangeland(RL) II Forestry(FR) Residential(RS) n Recreation(RC) Developed Water Resources(WR) II N EGeneral Agriculture(GA) n Wildlife Habitat(WL) Industrial/Commercial(IC) E Solid Waste Disposal(WD) HGeneral Agriculture(GA) II Wildlife Habitat(WL) IIIndustrial/Commercial(1C) 14. Method of Mining: Briefly explain mining method (e.g. truck/shovel): Dry -mining with excavators and front-end loaders, convey or haul (truck) raw material to processing plant 15. On Site Processing: Ye Crushing/Screening 13.1 Briefly explain mining method (e.g. truck/shovel): Raw material will be crushed and screened to specification -sizes, using portable or stationary processing equipment. List any designated chemicals or acid -producing materials to be used or stored within permit area: No chemicals are used in material processing. Water is used in processing and for dust suppression. 16. Description of Amendment or Conversion: If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s). L.G. Everist is amending M-2001-017 to add a property to the west of the permit area. The new property will add 56.4 acres to the permitted acreage. The new property will be mined and reclaimed using the same methods already employed for the permitted acreage dry mining methods, and reclaimed as clay -lined or slurry -wall lined water storage reservoirs. 5 -5 - Maps and Exhibits: Two (2) complete, unbound application packages must be submitted. One complete application package consists of a signed application form and the set of maps and exhibits referenced below as Exhibits A -S, Addendum I , and the Geotechnical Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of reference. If separate documents are used as appendices, please reference these by name in the exhibit. With each of the two (2) signed application forms, you must submit a corresponding set of the maps and exhibits as described in the following references to Rule 6.4, 6.5, and 1.6.2(l)(b): EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT I EXHIBIT I EXHIBIT K EXHIBIT L EXHIBIT M EXHIBIT N EXHIBIT O EXHIBIT P EXHIBIT Q -EXHIBIT R EXHIBIT S Rule 1..6.2(1)(b) Rule 6.5 Legal Description Index Map Pre -Mining and Mining Plan Map(s) of Affected Lands Mining Plan Reclamation Plan Reclamation Plan Map Water Information Wildlife Information Soils Information Vegetation Information Climate Information Reclamation Costs Other Permits and Licenses Source of Legal Right -To -Enter Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined Municipalities Within Two Miles Proof of Mailing of Notices to County Commissioners and Conservation District Proof of Filing with County Clerk or Recorder Permanent Man -Made Structures ADDENDUM 1 - Notice Requirements (sample enclosed) Geotechnical Stability Exhibit (any required sections) The instructions for preparing Exhibits A -S, Addendum 1, and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule 1.6.2(1)(b) of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required, or would like to schedule a pre -application meeting you may contact the Office at 303-866-3567. Responsibilities as a Permittee: Upon application approval and permit issuance, this application becomes a legally binding document. Therefore, there are a number of important requirements which you, as a permittee, should fully understand. These requirements are listed below. Please read and initial each requirement, in the space provided, to acknowledge that you understand your obligations. If you do notnderstand these obligations then please contact this Office for a full explanation. 1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; 6 /9 -6- 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the application or your permit misrepresent important material facts; 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as permittee can result; 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; 5. It is your responsibility to notify the Office of any changes in your address or phone number; 6. Upon permit issuance and prior to beginning on -site mining activity, you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information (Rule 3.1.12): a the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c. the permit number. 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance. 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Construction Material Rules and Regulations in effect at the time the permit is issued. 9. Annually, on the anniversary date of permit issuance, you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example, a permit with the anniversary date of July 1, 1995, the annual fee is for the period of July 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the permittee, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. 10. For joint venture/partnership operators: the signing representative is authorized to sign this document and a power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application. 7 NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office. Therefore, if you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document. The Office is not allowed to consider comments, unless they are written, and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process, you may contact the Office at (303) 866-3567. 8 -8 - Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. To the best of my knowledge, all significant, valuable and permanent man-made structure(s) in existence at the time this application is filed, and located within 200 feet of the proposed affected area have been identified in this application (Section 34-32.5-115(4)(e), C.R.S.). 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115(4)(f), C.R.S.; 3. As the applicant/operator, I do not have any extraction/exploration operations in the State of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34.32.5-120, C.R.S.) as determined through a Board fording. 4. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,C.R.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any permit issued on the altered or modified form and subject the operator to 'cease and desist orders and civil penalties for operating without a permit pursuant to section 34-32.5-123, C.R.S. Signed and dated this , 474' day of� Dennis Fields for L.G. Everist, Incorporated Applicant/Operator or Company Name Signe Title: Vice President I /.•�. A /J State of jr'".'f..:-�Z..�-x-`1 ) ) ss. County of �4/..4,7y),_9.- ) The foregoing i trument was ackngwled ed before me this Cynthia Antrim Notary Republic, State of Colorado M'r Commission Expires February 19, 2020 S Notary ID: 20084005737 If Corporation Attest (Seal) Signed: Corporate Secretary or Equivalent Town/City/County Clerk day of YII.- Public My Commission expires: //1/P' 4 NATURES MUST BE IN BLUE INK 9 TABLE CF CONTENTS Exhibit A - LEGAL DESCRIPTION 1 Exhibit B - VICINITY MAP 2 Exhibit C - PRE MINING MAP (Map Pocket) 3 Exhibit C-1 - MINING PLAN MAP (Map Pocket) 86 Exhibit D - MINING PLAN AND TIMETABLE 4 Exhibit E - RECLAMATION PLAN AND TIMETABLE 8 Figure E -1 -COLOR RECLAMATION MAP 15 Exhibit F - RECLAMATION PLAN MAP (Map Pocket) 86 Exhibit G - WATER INFORMATION (no change) 16 Exhibit H - WILDLIFE INFORMATION (no change) 58 Exhibit I/J - SOILS & VEGETATION 58 Exhibit K - CLIMATE (no change) 66 Exhibit L - RECLAMATION COSTS 67 Exhibit M - OTHER PERMIT AND LICENSES 70 Exhibit N - SOURCE OF LEGAL RIGHT TO ENTER 71 Exhibit O - OWNERS OF RECORD 77 Exhibit P - MUNICIPALITIES WITHIN TWO MILES 79 Exhibit Q - NOTICES AND PROOF OF DELIVERY BOARD OF COUNTY COMMISSIONERS AND LOCAL SOIL CONSERVATION BOARD 80 Exhibit R - CLERK AND RECORDERS NOTICE AND PROOF OF DELIVERY 82 Exhibit S - PERMANENT MAN-MADE STRUCTURES 82 PUBLIC NOTICE 84 POSTED NOTICE CERTIFICATION 85 10 Exhibit A - LEGAL DESCRIPTION EXISTING PERMIT Parts of the NE' -NW'- and SE' -NW'- of Section 6, Township 2 North, Range 67 West, 6th P.M., Weld County, Colorado, containing 65.0 ac. permit area NEW AREA Part of the SW' -NW'-, and NW'4NW, of Section 6, Township 2 North, Range 67 West, 6th P.M., Weld County, Colorado, containing 56.4 acres ±. Total perrrit area 121.4 acres ±. Mine Entrance: 40.175377LN, 104.936479_W WGS84 1 8/0 4810 Declination M MN 8° 26'E Name: GOWANDA (CO) Date: 06/07/16 Scale: 1 inch = 1,000 ft. • I U U C a 4$27 Carbon Valley Entrance 040° 10' 31.3572" N 104° 56' 11.3244" W ;// MINE LOCATION: PARTS OF THE NE/4NW/4, SE/4NW/4, SW/4NW/4 AND NW/4NW/4, SECTION 6, T -2-N, R -67-W, 6TH P.M., WELD COUNTY, COLORADO a a • tJ Oa a a Ia. - Copyright (C) 2008, MyTopo, 2006-2 L.G. Everist, Inc. Carbon Valley Resource Map Exhibit B - Vicinity Map 2 Copyright (c) 2008. MyTopo Exhibit C - PRE MINING MAP Revised and added new area. Map attached Exhibit C-1 - MINING PLAN MAP Revised and added new area. Map attached Exhibit D - MINING PLAN Unless specifically discussed below, the methods described and approved in the original permit application, mining and reclamation plans will remain unchanged. This will remain a dry mining operation. MAP EXHIBIT C shows the current permit area and the area being added to the permit. There are no changes to the mining method as approved in the 2001 permit. The primary reason for this amendment is to add approximately 56.4 acres to the permit area. We are also rede- signing the final lake configuration to maximize gravel removal from the original permit area. While this mine is not a phased operation, the site is laid out into 3 areas to better explain final uses and areas being discussed. Area A is on the southern end of the existing mining area and has been backfilled and partially reclaimed as of June 2016. Area B is the area on the north end of the existing permit area that will be reclaimed as a Water Storage Reservoir. Mining and most of the reclamation will be complete on this area within the next 18 to 24 months. Area C is the area being added to the permit in this amendment and we expect to take 10-12 years to complete mining. Reclamation runs concurrent with mining to control the amount of disturbed area in the mine at any one time. In addition to developing the site as a water storage facil- ity L.G. Everist is considering possibly developing the site as an Inert Material Landfill. It has yet to be determined if the filling will closely follow mining or if it will start sometime after the slopes in Area B have been installed. The current bond is $665,800 and a new reclamation cost estimate is presented on page 13 in EXHIBITLfor the plan changes proposed in the follow- ing text. The area labeling in the revised MININGANDRECLAMATIONTIMETABLESare there to explain the areas within the mine and not necessarily the direction or timing of mining. In general, we propose that mining will continue in Area B and once that is done will move onto the northern end of Area C. As the overburden is removed on that area it will be placed in the compacted fill slopes in Area B. The description of how the slope will be built was presented in the original Reclamation Plan. Mining will begin on Area C by stripping and storing the topsoil along the exterior of the permit area. If the topsoil piles remain undisturbed for more than 180 days, 2.0 #PLS of Crested Wheatgrass, per 100 sq-ft will be planted on the piles or other means will be employed to preserve the topsoil from wind and water erosion. This will keep it free of contaminants so that it remains useful for sustaining vegetation when reclamation 4 EXHIBIT D MINING PLAN (CONT) begins. The stockpiles will be located in areas where distur- bances by ongoing mining operations will be at a minimum, i.e. along setbacks on the pit perimeter. The topsoil will be handled as little as possible until it is replaced onto disturbed areas. The overburden will then be removed and used to supplement material already stored in Area B for reclamation to create the slopes around the reservoir area. Once the gravel is exposed in Area C, mining and processing will begin on the north end and move from north to south. The plan is to have an east to west trending open mining face that stretches across the property. Material processing will continue in Area B until enough floor area has been mined to shale, to move the plant into Area C. The scales, office and shop facility in the northwest corner of Area B will be used throughout the life of the mine. The site entrance will remain in Area B as well. Proposed mining sequences may change due to unforeseen circumstances such as market conditions, variations in the natural deposit, agreement restrictions with structure owners, etc. Of the 121.4 acres in this amendment, the old permit area covers 65.0 acres ± and the new area is 56.4 acres ±. Area B will be sloped and graded for future use as a Water Storage Reservoir, as listed in the RECLAMATIONPLAN. There is adequate topsoil, overburden and shale material on site to complete the sloping without importing material should mining and reclamation end prematurely. MAP EXHIBIT C-1 - MINING PLAN shows the approximate direction of mining as it progresses across the site. The methods described in the original permit will be used in the amendment area. The approved plan calls for having no more than 30.00 acres ± dis- turbed at any one time. This will be increased to 90 acres ± to allow for more flexibility during mining as the transition from Area B to Area C progresses. This 90 -acre area will include, stripped, partially mined, partially reclaimed and future reser- voir areas. As mining progresses across the property, some parts of the property will remain undisturbed while other areas will either be stripped, mined, partially reclaimed or totally re- claimed. Much of the area disturbed will be below water level or within a reservoir area so no resoiling or revegetation will be needed in those areas. The MINING PLAN MAP - EXHIBIT C-1 shows how the area will look when approximately 33% of Area C is mined. Note how some of the final slopes around the perimeter of Area B are partially reclaimed while others are still ', to 1 as mined. In 5 EXHIBIT D MINING PLAN (CONT) Area C, all of the slopes are 'h to lv as mined since reclamation has not commenced in this area. As mentioned above, adequate topsoil will be salvaged and stockpiled around the excavation area for use in reclamation. The topsoil in these stockpiles will be placed on areas where grading and shaping is complete so it only has to be handled once. The 3 to 5 feet of overburden found on the site will be stockpiled around the mining areas similar to topsoil stockpil- ing. It will be blended with the underlying shale and used to create the perimeter slopes around the excavated areas. The stockpiles of reclamation materials (topsoil and overburden) will be placed around the mining area as mining progresses to keep them as close to the final use area as possible. This will reduce the haul distances needed to place reclamation materials around the excavated area during reclamation. The working face will be mined near vertical ('zh:1v) to maximize removal of material from the mine. At its widest point, the working face will be approximately 1100 feet long. If mining ended prematurely, this slope will be reclaimed using a cut/fill sloping method instead of backfilling. As mining reaches a setback area, backfilling will commence as material becomes available to leave a 3:1 slope along the mine exterior, oil and gas facilities and the ditches. We expect to have no more than 8600 linear feet of area needing backfilling at any -one time as shown on Map Exhibit C-1. The mining setbacks will vary from 15 to 80 feet from the permit boundaries and structures as allowed by each Use Agreement for said structures. For example, around oil/gas wells we will maintain a 80 foot radius around each well -head when mining, but leave a 150 foot radius when reclamation is complete. There is a possibility that the 5 wells on the mine area may be plugged so no setbacks will be necessary. If this happens, we plan to mine the gravel contained around the oil/gas wells and flow lines. A Technical Revision will be filed to update the Reclamation Map if this happens. Included on the Reclamation Plan Map, is a sketch showing how the area would look if the oil and gas wells are removed. Along Right of Ways we will maintain a 25 foot setback from the ROW line except on oil/gas well feed line where the setback will be on feet either side of the gas line. The MINING PLAN MAP shows how this will look. Around the rest of the mine the setback line will be the top of the excavation limits. The temporary topsoil stockpiles within the setbacks will limit noise and visual impacts to off -site areas. The setbacks will be used as a place for roads to access the mine 6 EXHIBIT D MINING PLAN (CONT) exterior, ditches and access for the oil and gas facilities. The setback areas will be reclaimed if disturbed and the roads will remain for access around the final Water Storage Reservoirs. The mine will be dewatered as explained in the existing permit text and the material will be mined using loaders and excavators to remove material from the face. The material will then be delivered to the Plant for processing, using the loaders, haul trucks or a conveyor system. The arrows on EXHIBIT C-1 - MINING PLAN MAP show how we will prog- ress through the mine area. We estimate that by adding the new area, the life of the mine will be extended from 10 to 12 years. Mining Timetable The continuing uncertainty of economic conditions in the construction materials industry precludes an accurate forecast of demand for materials during the life of the mine. We therefore, can only estimate the mining timetable based on an average year and may expect a specific year to vary widely from the average. AREA* Area A YEARS 1-2 ACRES ± TOTAL 10.60 MINED AREA 9.60 MISC (I.E. SETBACKS, o&G AREAS AND UN- DISTURBED, ETC.) 1.00 Area B l -2 54.40 36.50 17.90 Area C 10-12 56.40 45.70 10.70 TOTALS 15-20 121.40 91.80 29.60 * areas are only used to explain the mining areas, not the direction or timing of the mining operations. 7 Exhibit E - RECLAMATION PLAN Unless specifically discussed below, the reclamation methods described and approved in the approved permit application will remain unchanged. The following text explains the changes to the reclamation plan as proposed in this amendment. Reclamation will run concurrent with mining as the site is developed to reduce the amount of reclamation required at any one time. The current post mining land uses are listed as developed water storage reservoir, rangeland (Area B) and as potential developed/agriculture area (Area A). The water storage reservoirs will be lined with compacted clay liners or slurry walls, as per the approved reclamation plan. Please see adequacies, and submittals for details. For Areas B and C, L.G. Everist would option for reclamation - to reclaim them as an Inert Material Landfill. Areas B and C would be lined as described in the original plan no matter the final use. Market conditions can vary greatly over 10-20 years, and so when the mining is com- plete, it may be determined that the sale of the water storage facility will not happen and it is a better end use of the land to backfill the lined areas. When the reservoir liners are approved and certified by the SEO, the sides have been graded and sloped, and the above water areas around the excavation haves been soiled and seeded, L.G. Everist will ask for release from the DRMS Permit. If the site becomes an inert fill facility, L.G. Everist will operate the site under the necessary local permit requirements. So whether it is developed as water storage or as an Inert Material Fill site, the initial plan to construct a liner around the excavated area will benefit both end uses. The filling plan is outlined in the OPTION 2 Section of this text Currently, the mine site is split into 3 areas, Area A where mining has ended and backfilling is taking place; Area B where mining is taking place and Area C that is primarily irrigated agricultural land. The current uses are mining area; backfill area; irrigated land; oil & gas operations areas and farm yard. There is little or no native vegetation present on the amendment area. Most of Areas B and C were farmed for many years and vegetation cover on them was consistent with farmed areas. The typical Vegetation descriptions in EXHIBITI/J will not match these agricultural use areas. The RECLAMATIONPLANMAP shows the sloping plan and areas that will be revegetated around each reservoir area in this plan. The current RECLAMATION PLAN for Area A is for it to be back - filled and vegetated, with end uses as agricultural or pasture the original plan, like to add another 8 EXHIBIT E RECLAMATION PLAN (coNT) land. With this permit amendment, we are proposing an additional possible end use, of Area A as an oil/gas multi -well platform. If agreements can be made with oil and gas producers, the low - performing wells located within Areas B and C could be shut down and capped, and replaced with new wells placed in Area A. Area A would then be reclaimed as a graveled oil/gas operations area. If no wells are placed in Area A, then it will be vegetated as per the current reclamation plan. If current oil/gas wells are removed from Areas B and C, the oil/gas setback areas would be mined and the final Water Storage Reservoir perimeters would change accordingly. This oil/gas option with all the above changes is shown as an inset map on the RECLAMATION PLAN MAP and if any or all of the optional changes occur, we would submit a Technical Revision to update the RECLAMATION PLAN MAP and permit as needed. For an additional reclamation visual, we have included Figure E-1, which is a color rendition of the reclamation plan showing the various final land forms on the Reclamation Plan Map. Some areas of the setbacks and perimeters of water storage reservoirs will be graveled access roads, oil/gas areas, parking areas around buildings. The revegetated areas of the setbacks and side slopes from the existing surface to the water's edge will be resoiled and revegetated using the methods described in the existing plan. The following seed mix will replace the three currently approved and matches Seed mix E-1 in the existing plan. It is more cost effective to use one seed mix for the entire area. This mix will place approximately 41.2 seeds per pound per sq-ft as prescribed by the NRCS planting guidelines. Unless specifically discussed below, the reclamation methods described and approved in the approved permit application, will remain unchanged. The following text explains the changes to the reclamation plan as proposed in this amendment. Reclamation will run concurrent with mining as the site is developed to reduce the amount of reclamation required at any -one time. Currently, the mine site is split into 3 areas; Area A - where mining has ended and backfilling is taking place; Area B - where mining is taking place and Area C - that is primarily irrigated agricultural land. The current in site uses are mining area, backfill area, irrigated corn, and oil & gas operations areas and farm yard. There is little or no native vegetation present on the amendment area. Most of Areas B and C were farmed for many years and vegetation cover on them was consistent with farmed areas. The typical Vegetation descriptions in ExHIBITI/J 9 EXHIBIT E RECLAMATION PLAN (cONT) will not match these agricultural use areas. The RECLAMATIONPLAN MAP shows the sloping plan and areas that will be revegetated around each reservoir area in this plan. Area A will be graded and prepared for use as an oil and gas drilling platform for the area around the mine. It will be temporarily seeded if it is not put into use within a year of backfilling ending. Figure E-1 following the Reclamation Timetable is a color rendition of the reclamation plan showing the various final land forms on the Reclamation Plan Map. The current post mining land uses are listed as developed water storage reservoir, rangeland (Area B) and as potential developed/agriculture area (Area A). The areas around the developed water reservoirs will remain unchanged but Area A will be changed to oil and gas drilling platform/rangeland. The setbacks and side slopes from the existing surface to the waters edge will be resoiled and revegetated using the methods described in the existing plan. The following seed mix will replace the three currently approved and matches Seed mix E-1 in the existing plan. It is more cost effective to use one seed mix for the entire area. This mix will place approximately 41.2 seeds per pound per sq-ft as prescribed by the NRCS planting guidelines. PROPOSED SEED MIX Species Big Bluestem (Champ) Blue Gana (Hachi t a) Switchgrass (Blackwell) Vest er n Meat gr ass ( Ar i bba) Lbs. PLS/Acre 2.50 0. 60 1.75 5. 00 TOTALS 9.85 The reclamation timetable shows the types and amount of land in each area when reclamation is complete. Approximately 8% of the area in the permit will not be disturbed by mining, because it is in setbacks around well facilities, gaslines, along ditches, and various utility and road ROW's. As mining progresses, the perimeter slopes will be back - filled and graded at, or flatter than, the 3h to lv sloping as discussed in the MINING PLAN. This will ensure that when mining ceases, only a minor amount of work will have to be done to finish reclamation in the disturbed area. The placement of the soil stockpiles around the setback/perimeter of the mined area or replacing it on a finished slope as it is removed is designed to minimize the effect of mid -plan stoppage. This will place the topsoil where it will be needed for reclamation and will reduce 10 EXHIBIT E RECLAMATION PLAN (cowl the distance it has to be hauled for reclamation. Usually, this will mean it simply has to be shaped and graded. We expect to salvage sufficient topsoil to meet reclamation requirements. Of the 121.4 acres ± in the mined area, 36.1 acres ± or approximately 29.74% will need resoiling and revegetation. Observations at the site show that topsoil on the property has a salvageable depth of 6 to 9 inches, averaging 8 inches except in isolated locations. There appears to be more than adequate soils to meet the resoiling demand for this site. Setback areas will not be stripped, so only the disturbed portion of the setbacks and the upper slopes of the reservoir perimeter will have to be resoiled. A graveled area will be left around each gas/oil well if it remains and the oil and gas drill platform in Area A where no seeding or resoiling will take place. This will provide room around each well to service it as needed by the well owners. It is possible that the 5 existing oil and gas wells will be plugged and the associated flow lines will be abandoned before mining ends. If this happens we plan to mine the gravel from those areas. This will create more reservoir storage and reduce the amount of revegetation needed. As noted in the Mining Plan, a Technical Revision will be filed to update the Reclamation Map and explain removal of the wells. Some inert fill (as defined in Colorado Department Public Health and Environment regulations) has been imported for recla- mation purposes. On -site generated inert material will be used for bank sloping, buried in Area A or will be recycled. An intent to import, letter and an Inert Materials Affidavit is on file with the Division to address the importation of material to the mine. Existing soils in place have been capable of producing a fairly dense cover of irrigated crops and should be suitable for reclaiming the above -water areas as rangeland. These areas will be returned to at least their present vegetative condition when reclamation is complete. Under normal conditions, the operator will strive for a 30 to 40 percent cover rate on the revegetated areas when reclamation is complete. Average weather conditions should supply adequate moisture reserve for establishment of the proposed seed mixture. No irrigation will be used during reclamation since the plan is to establish a vegetation cover that is not dependent on irrigation to survive. 11 EXHIBIT E RECLAMATION PLAN (cowl Opt i on 2 If this option is used prior to DRMS permit release, the operator will file a Technical Revision with the Division showing the specific development plans for the site and supply a revised Map Exhibit F - Reclamation Plan Map. The filling may take place during and after mining ends and the site will be operated as an Inert Material landfill until it has been completely backfilled. However, it may take 10-20 years after mining ends in a given area before enough Inert Fill material is delivered to completely fill the lined areas. So, rather than having a reclamation time period of 10-20 years, the operator may ask for DRMS permit release once the reservoir liner is complete and approved (by the SE0), the grading, sloping and seeding are all completed as per DRMS requirements. Then the operator can conduct the Inert Fill operation strictly under local requirements. If the Inert Fill Material backfilling starts while the mine is still operating, the operator will conduct the operation as follows. The operator would use inert fill materials to backfill the excavated areas and level the property close to its original elevations and sloping. The imported inert materials would be materials as defined in Colorado Department of Health Regulations as "Inert material", i.e. old concrete, asphalt, dirt, sand and gravel, masonry products and rubble from construction sites. At this time, the plan is to begin filling on the north end of the lined area and work south. As the material arrives the driver will be directed to an area where fill is being placed. The material will be inspected, and if acceptable, it will be pushed into the hole using either a front-end loader or bulldozer. Finer fill and topsoil will be segregated and saved so it can be used later as a cap over the coarse materials. No specific compaction rate is proposed due to the varying sizes of materials. Adequate compaction takes place during filling as the heavy equipment used to push the material into the hole and the trucks delivering it will cross over the fill material repeatedly. As filling progresses across the site, any finer materials delivered to the site will be stockpiled to supplement what exists now to use as a final cover. It is expected that 8-12 inches of growth medium will be placed on the area for use as a seed bed. After filling and re -soiling is complete the area to be seeded with the approved grass mix. General Recl anat i on for both Options The liner will be built around the exterior of the excavated areas of Areas B and C regardless of reclamation option, so that 12 EXHIBIT E RECLAMATION PLAN (cowl if backfilling ended before the site was completed the side slopes would be at their final grade of 3h to lv. The filling face would then be graded 3:1 and covered with fines and seeded. Certification of the liners would be sought to address the evaporation loss issue and the areas within the lined area would be reclaimed. This way the Division would not have to import material to backfill the excavated area. Access roads will be left around the mine to provide access for planting crews, and for the supervision and inspection of the completed reclamation. These roads will remain when mining ends to ensure the owner's access to the site. Final grading on the roads will be done before the pit is closed. Backfilling and grading will be completed as soon as feasi- ble after mining is completed in a given area. As mining ends, slope backfilling, grading and shaping of the site will be needed. All refuse will be hauled away or disposed of in a manner that will control unsightliness and protect the drainage system from pollution. There are no acid-forming or toxic materials involved with the operation. Final revegetation will be done by the end of the second fall after filling is completed. The area will be monitored for success of revegetation until accepted by the Division for release. If revegetation failures occur prior to release, an analysis of the site will be made and the area will be revege- tated again as necessary. Reclanation Timetable The numbers presented below represent our estimate of the various areas of disturbance in the mine area. They may change as the actual mining progresses through the site. If the Inert Fill Material option is chosen, it could take 10 to 20 years after mining ends in each area for backfilling to be completed but resoiling and revegetation will be on -going as areas are filled and resoiled. 13 EXHIBIT E RECLANWTI ON TI NETABLE AREA Area A Area B YEARS 3-5 3-5 TOTAL 10.60 54.40 RES- ERVOIR AREA 0.0 34.30 ACRES REVE6 E- TATION 0.0 15.80 ± ROAD 10.3 0 2.50 MISC. (DITCHES, UNDISTURBED AREAS, ETC.) 0.30 1.80 RESERVOIR LINER VOL- :IMF (YDS) 0.00 309,190 Area C 3-5 56.40 34.50 10.40 4.40 7.10 363,537 TOTALS 121.4 68.8 26.2 17.2 9.2 672,727 RECLAMATION PLAN (cow) 14 a OVERHEAD POWER NE UNDERGROUND ELECTRIC LINE 0 z W CJ W J SEWER LINE PERMIT BOUNDARY/AFFECTED LANDS 200 FOOT LINE PAVED ROAD UNPAVED ROAD DITCH/WATER WAY ss fHo FENCE LINE AS PIPELINE WATER MAIN VER HEAD UTILITIES FIBER OPTIC CABLE SANITARY SEWER SJNO))(lO'f1JNax- UNDERGROUND ELECTREIC TELEPHONE LINES x O FLOODPLANE 1 TANKS AND PUMPS W 0 O INDEX CONTOURS INTERMEDIATE CONTOURS _ s amwvz n/r cwfi .— _ _ 7-1117171 n1 Ci L r-'CC/Cr/IC - _ 11' !II II 11011 S11111■� SEEDED ARE RESERVOIR AREA GRAVELED AREA mm@lll 0 0 0 oW \ w:v 0 \ azal 0QQv aa_I ocLv v,\LIJ v \/\ OC)QGF0X°AA /V N W O00 J U ON N N E.Sd°AA l\\ > •\". ONNNNNNNNNN VAAAAAAAAA Flyyvvvvvvvvvv vvvvvvvvvvv vvvvvvvvvvvv IIIII11 IIII III II i;I1 �_I 4 Iiii Iii II11 Inulllllllllll NIAI ll �vv . III IIIIg. I1 n„ ,IlipessesiolliklaU II' a;!I _� II II�t1Illlllli al,L11,Ill... ';fyi I,,,, — et a lu ,16 illul I I III .L III 'I,II�!I IIII i III) I I I'll I III i ,,,II 1111" )I I'l ll, II...). — I I �' I m.11 (>D i I�1i 111 w> I II � Uo III III�a Y I Ili l! I I I ii II lilll .I I I PA II III II' I I �A ILI) II I I_II h „ III un!IVI null rr aIW; PI��4IYIII�1 III Illill IIIIIilllldhl IIIIIu�111111�11�1: �mAlllllll III lu III I, � IIII mn I'I II 1 h II IIII ullullll ., �� muu m , Y8 m... Pifer_ o. _..c;<�.� .n i a,o J- aV/O /ONALNddO. [VJXNDSJHw PERMANENT MIX FOR DISTURBED AREAS C) C) w avi z 0< W 0 0 J 0 0 a z J d z O Li H ¢ zi 2 W U H W CARBON VALLEY RESOURCE MAP EXHIBIT E-1 Li zQ 0 LJ LJ Li 3 El w J 0 Exhibit G - WATER INFORMATION There is no change to the baseline water information pre- sented from 2001. The water discussion at that time addressed the needs, uses and surrounding conditions for the general area and will apply to the expansion of the mining area. Table G contains a list of all wells within 600 feet of the amended permit area. The shaded wells are within 200 feet and are shown on the map exhibits. Map Exhibit G-1 shows the loca- tion of the well listed on Table G. The original report notes that domestic water serves all residence for the neighboring properties. There are no jurisdictional wetlands on the new area, therefore no 404 permit is needed. Attached is a copy of the approval letter from the Office of the State Engineer for the Substitute Water Supply Plan covering this mine. It will be updated and revised as needed if at any time it is determined there is more exposed ground water or increased production over the limits in the approved plan. 16 WATER INFORMATION (CONT) O 2 w Table G - WATER WELL WITHIN 600 FEET OF PERMIT LINE MAILING CITY LONGMONT LONGMONT LONGMONT BERTHOUD MAILING ADDRESS O1O RICK PARSONS 4729 WEST 32ND AVENUE 7321 E 88TH AVENUE SUITE 200 6056 WCR 26 / 12148 WELD CNTY RD 13 / 266 BASHER DR FULL NAME L G EVEREST INC L G EVERIST INC BROOKS, DA- VID BROOKS, OTTO DAVID GOULD. LEE SEWALD, FRANK J A R HOLD- INGS LLC a CL th 800000 UTM_y 4446816 4447201 4447191 4447207 4447357 M CV \; I I I» Z Z \ Z z ; » Z CO o CO !z ! ! ! ! ! ! ! co co co co co co co H to ILL cep a u_ w o N LX ON N N CO a) / \ a) a) a) co a) 0 SHADED WELLS ARE MORE THEN 200 FEET FROM PERMIT AREA, BUT LESS THEN 600 FEET. 481O l 483.} H D=29. . _ Declination M MN 8° 26'E 1 4 iOJ t U a 4,427' Valley Entrance 040° 10' 31.3572" N 104° 56' 11.3244" Vim' - - __saW-230300 1 age O u Copyright -(C) 20Q$„W1uTopo Name: GOWANDA (CO) Date: 06/07/16 Scale: 1 inch = 1,000 ft. MINE LOCATION: PARTS OF THE NE/4NW/4, SE/4NW/4, SW/4NW/4 AND NW/4NW/4, SECTION 6, T -2-N, R -67-W, 6TH P.M., WELD COUNTY, COLORADO L.G. EVERIST, INC. CARBON VALLEY RESOURCE MAP EXHIBIT G-1 WATER WELLS 18 DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATER RESOURCES February 10, 2016 Mr. Rick Parsons, P.E. Parsons Water Consulting, LLC 4729 W 32nd Avenue Denver, Co 80212 John W. Hickenlooper Governor Mike King Executive Director Dick Woke, P.E. Director/State Engineer Re: L.G. Everist Combined Substitute Water Supply Plan (WDID 0202618) Carbon Valley Pit (formerly Lohmann Pit), DRMS No. M-2001-017 (WDID 0503003) Rinn Valley Pit, DBMS No. M-1997-093 (WDID 0503004) Firestone Pit, DRMS No. M-1996-052 (WDID 0503005) Ft. Lupton Sand and Gravel Pit, DRMS No. M-1999-120 (WDID 0203040) Star Water Resource (formerly Feit Pit), DRMS No. M-1977-522 (WDID 0303000) Water Division 1, Water Districts 2, 3 and 5 Approval Period: January 1, 2016 through December 31, 2017 Contact Phone Number for Mr. Rick Parsons: 303-667-5067 Contact Email Address for Mr. Rick Parsons: rick.parsons@parsonswater.com Dear Mr. Parsons: This letter is in response to your letter dated November 16, 2015, requesting renewal of the above referenced substitute water supply plans to cover depletions caused by gravel mining operations at multiple mine sites operated by L.G. Everist ("Applicant") along the South Platte River mainstem, the Saint Vrain Creek and the Cache La Poudre River. The required fee of $1285 (5 x $257) was submitted on November 24, 2015 (receipt # 3672425). This plan proposes to replace depletions resulting from current and past mining at the five sites as specified in Tables A and B below: TABLE A - GRAVEL PIT SUMMARY Site Name WDID DRMS Permit Number Previous SWSP Approval Current Well Permit Number Exposed Surface (acres) New Permit Req;ired . Carbon Valley Pit (formerly Lohmann Pit)' 0503003 M-2001-017 2/27/2014 70326-F 3.0 No Rinn Valley Pit 0503004 M-1997-093 2/27/2014 78127-F 6.4 (only for 2016) No Firestone Pit 0503005 M-1996-052 2/27/2014 78129-F 16.3 Yes" Fort Lupton Sand and Gravel Pit 0203040 M-1999-120 2/27/2014 78125-F 22.3 Yes*** Star Water Resources (formerly Feit Pit)**** 0303000 M-1977-522 2/27/2014 74929-F 2.2 No * Carbon Valley Pit (formerly Lohmann Pit) will be referred in this plan as the Carbon Valley Pit Office of the State Engineer 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303 866-3589 www.water.state.co.us Mr. Rick Parsons, P.E. L.G. Everist Combined SWSP Page 2 of 14 February 10, 2016 **Firestone Pit's projected operations are not currently permitted by the existing permit ' The DRMS permitted boundary for the Fort Lupton Sand and Gravel Pit (M1999-120) was amended to incorporate the Lupton Meadows Pit DRMS M-2002-104 previously included in this SWSP. Projected operations at Fort Lupton Sand and Gravel Pit are not currently permitted by the existing permit ****Star Water Resources (formerly Feit Pit) will be referred in this plan as the Star Water Resources Pit TABLE B - GRAVEL PIT LOCATION Site Name Location Stream Reach Carbon Valley Pit Sections 6, T2N, R67W Saint Vrain Creek Rinn Valley Pit Sections 10, T2N, R68W Saint Vrain Creek Firestone Pit Section 32, T3N, R67W Saint Vrain Creek Fort Lupton Sand and Gravel Pit Section 25, 2N, 67W and Section 30, T2N, R66W South Platte River Star Water Resources Section 26, T6N, R66W Cache La Poudre The liner for the Rinn Valley Phase 3 Reservoir (WDID 0504005) was approved by the State Engineer's Office in December 2010 and the liner of the Everist's Star Water Resource Reservoir (WDID 0303325) was approved by the State Engineer's Office on December 16, 2014 (amended March 6, 2015). A water storage right for Everist's Star Water Resource Reservoir is pending before the water court in case no. 2013CW3168. Additionally, another cell within the former Lupton Meadow Pit site (DRMS M2002-104) identified as Everist Reservoir No. 1 was lined and has storage rights decreed in case no. 2013CW3080. L. G. Everist anticipates to actively mine in 2016 and 2017 the following sites: Carbon Valley Pit, Rinn Valley Pit, Firestone Pit on Saint Vrain Creek and Fort Lupton Sand and Gravel Pit (include cells previously identified as within Fort Lupton Pit and Lupton Meadows Pit) on the South Platte River. Mining at Rinn Valley Pit will cease after August 2016 and mining at Carbon Valley Pit will cease after August 2017, however replacement of lagged depletion associated with these sites will continue to be replaced under this SWSP. Although this SWSP assumes no reduction in the ground water exposed surface area at the Rinn Valley Pit and Carbon Valley Pit, the currently exposed surface areas will be gradually backfilled prior to cessation of the mining operations or will be lined in accordance with the State Engineer's lining criteria. The accounting will indicate the actual measured values during the mining operations. Depletions resulting from dewatering, evaporation and mining operations at these sites are replaced under this plan. Water use at these sites during the period of this plan will include dewatering, evaporation from exposed groundwater, aggregate production, dust control and concrete batching. During the period of this SWSP L. G. Everist will not actively mine Star Water Resources. A December 2014 survey at the site indicated that approximately 2.2 acres are currently exposed beyond the pre -1981 acreage. According to the information provided, a total of 6.1 acres of groundwater was exposed within the Star Water Resources reclamation permit boundary prior to January 1, 1981. Based on the Division 1 Water Court decision in case no. 2009CW49, the replacement of evaporative depletions is not required for ground water exposed to the atmosphere prior to January 1, 1981 through open mining of sand and gravel, regardless of whether open mining operations continued or were reactivated on or after that date. Accordingly, the evaporative depletions for the Star Water Resources were calculated based on an exposed surface area of 1 acre exposed after December 31, 1980. The area receiving the pre -1981 credit is shown on the attached map and is the same area shown in the last SWSP approval for the Star Water Resources (Feit Pit). The area to receive the pre -81 credit is tied to the physical location as depicted in map and cannot be relocated. 20 Mr. Rick Parsons, P.E. February 10, 2016 L.G. Everist Combined SWSP Page 3 of 14 Mining depletions from Carbon Valley Pit, Rinn Valley Pit and Firestone Pit are estimated to affect the Saint Vrain Creek below the Last Chance Ditch headgate. Mining depletions from Fort Lupton Sand and Gravel are estimated to affect the South Platte River above the Meadow Island Ditch No. 1 headgate. Mining depletions from Star Water Resources are estimated to affect the Cache La Poudre River at a point approximately eight miles upstream from the confluence with the South Platte River. The proposed replacement sources for these pits are Rural Ditch Company shares and Lupton Bottom Ditch shares during the summer months. During the winter months and for portions of the summer months where Rural Ditch Company shares and Lupton Bottom Ditch shares are not sufficient the depletions will be replaced by releases of water stored in the Rinn Valley Phase 3 Reservoir (WDID 0504005), Star Water Resource Reservoir (WDID 0203932) and, if needed, nontributary Laramie -Fox Hills water withdrawn from well nos. 77371-F, 77372-F, 77373-F, and 77374-F. In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado Division of Reclamation, Mining, and Safety ("DRMS"), all sand and gravel mining operators must comply with the requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations for the protection of water resources. The April 30, 2010 letter from DRMS requires that you provide information to DRMS to demonstrate you can replace long term injurious stream depletions that result from mining related exposure of ground water. The DRMS letter identified four approaches to satisfy this requirement. In accordance with approach no. 4, you have provided an affidavit dated November 18, 2015 that dedicates the 1.41 shares of the Rural Ditch water and 1 Lupton Bottom Ditch share for 2016 and 1.41 shares of the Rural Ditch water and 1 Lupton Bottom Ditch share for 2017 as replacement water solely for this SWSP. A copy of the affidavit is attached to this letter. For the purposes of this SWSP, this affidavit will be accepted for the dedication of the shares; however, if the State Engineer determines that a different affidavit or dedication process is necessary to assure proper dedication of the shares, additional information may be required prior to future SWSP approvals. In accordance with approach nos. 1 and 3, you have indicated that a bond has been obtained for each site that can cover the cost of lining of each site to prevent the exposure of ground water. The current bond amount for each pit is shown in Table C below. TABLE C - DRMS Bonding Site Name DRMS # Bond Amount Final Reclamation Carbon Valley Pit M-2001-017 $665.800 Compacted Clay Liner Rinn Valley Pit M-1997-093 $548,000 Compacted Clay Liner Firestone Pit M-1996-052 $509,900 Compacted Clay Liner Fort Lupton Sand and Gravel M-1999.120 $2,002,400.00 Slurry Walls Star Water Resources M-1977-522 $1,066,000 Slurry Wall and Pre -81 Pond 21 Mr. Rick Parsons, P.E. L.G. Everist Combined SWSP Page 4 of 14 Depletions February 10, 2016 The depletions resulting from evaporation, water lost in product, dust control and concrete production are shown in Table D below: TABLE D - DEPLETION SUMMARY Site Name Evaporation Loss (ac -ft) Product Moisture Loss (ac -ft) Dust Control (ac -ft) Concrete Production (ac -ft) Total Depletions (ac -ft) Total Net Depletions*** (ac -ft) 2016 2017 2016 2017 2016 2017 2016 2017 2016 2017 2016 2017 Carbon Valley Pit 7.8 5.9 2.9 1.9 1.0 1.0 0.0 0.0 11.7 8.8 +9.4 -369.7 Rinn Valley Pit 12.4 0.0 10.6 0.0 1.0 0.0 0.7* 0.0 24.8 0.0 -61.3 -11.4 Firestone Pit 42.3 42.3 30.9 30.9 1.0 1.0 12.3** 13.0" 86.6 87.3 -82.1 -74.2 St. Vrain Creek Net Depletions -134.07 -455.3 Fort Lupton Sand and Gravel Pit 66.7 66.7 41.2 41.2 1.0 1.0 0.0 0.0 108.9 108.9 -96.31 -104.14 South Platte River Net Depletions -96.31 -104.14 Star Water Resources 6.5 6.5 0.0 0.0 1.0 1.0 0.0 0.0 7.5 7.5 -7.38 -7.45 Cache la Poudre River Net Depletions -7.38 -7.45 Total Neb Depletions -237.76 -56'6.89 * Based on 4,675 tons of concrete production and 50 gallons of water per ton of concrete **Based on 80,325 tons of concrete production for 2016 and 85,000 tons of concrete production for 2017 and 50 gallons of water per ton of concrete "`The total net depletions include accretions credits or depletions from dewatering. The total net depletions for 2016 and 2017 for all pits were taken from Tables 8, 9, 10, 12, and 14 (attached) (+) represent net accretion to river and (-) represent net depletion to river The net evaporation for the Firestone Pit includes a credit of 0.60 acre-feet of consumptive use of ground water associated with the partial subirrigation of the historically irrigated acreage. No other phreatophyte credit was applied to the other sites. Although depletions estimated in this SWSP assume year-round evaporation depletions, computation of evaporation under this plan may be reduced during the ice covered periods, based on average monthly temperatures less than 32°F taken from the Longmont 2ESE weather station for the Saint Vrain Pits, the Fort Lupton 2SE station for the South Platte Pits, and the Greeley UNC weather station for the Cache La Poudre site. For the purpose of this SWSP, the Applicant shall replace the net evaporation depletions from the exposed ground water surface area that may occur during the assumed ice covered period for any time that the pits are not completely covered by ice. The accounting for the SWSP shall be based on measurement of actual ice cover. Computation of the net evaporation during any time that the pits are not completely covered by ice shall be determined as the pro -rata amount of the monthly gross evaporation rate distribution amount identified in the State Engineer's General Guidelines for Substitute Supply Plans for Sand and Gravel Pits, subtracting the pro -rata amount of the effective precipitation for that period. The material excavated from the gravel pit areas will be washed on site. The consumptive use of water associated with excavated material is dependent on the location of the material with respect 22 Mr. Rick Parsons, P.E. L.G. Everist Combined SWSP Page 5 of 14 February 10, 2016 to the water table. According to the "General Guidelines for Substitute water Supply Plans for Sand and Gravel Pits" the product moisture loss is calculated as four percent by weight of mine material excavated below the ground water table and two percent by weight for the mined material excavated above water table. The Applicant anticipates 2016 mining production at the Carbon Valley Resource, Rinn Valley Pit, Firestone Pit and Fort Lupton Sand and Gravel to be 200,000 tons, 380,000 tons, 1,200,000 tons and 1,600,000 tons respectively. For 2017, production at these same sites is anticipated to be 128,000 tons, 0 tons, 1,200,000 and 1,600,000 tons, respectively. Water used for dust control at Carbon Valley Pit, Rinn Valley Pit, and Firestone Pit will come from water originally pumped from the pits for dewatering. Water used for dust control at the Fort Lupton Sand and Gravel was previously used from an existing alluvial well, permit no. 57957-F (WDID 0205018 DI TIRRO WELL 2), located outside of the approved slurry wall on the Fort Lupton Pit site. Well permit no. 57957-F is no longer being used for dust control, as Everist has a re -circulating water system at the site where reusable water is pumped from lined cells to wash material and for dust control. Continuous dewatering operations at Carbon Valley Pit, Rinn Valley Pit, and Firestone Pit are occurring in order to facilitate dry mining conditions. This water is used for dust control at these pits, and is used for concrete production at the Rinn Valley pit. All other water pumped for dewatering is returned immediately to the river system. The applicant has performed a lagged water balance for these operations and account for the lagged depletions which is offset by monthly net accretions. Totalizing flow meters have been installed and monthly meter readings showing dewatering volumes were reported on the 2014-2015 submitted accounting. A stream depletion model using the Glover method was used to calculate the lagged depletions to the River. The alluvial aquifer model uses four aquifer input parameters for each site as follows: 1) X -distance from centroid of the well to the river, 2) W -distance from the aquifer boundary through the well to the river channel, 3) T-transmissivity of the alluvial aquifer (in gallons per foot/day) between the well and the river, and 4) S -specific yield. The following parameters for each site listed in the table below were used in the model: TABLE E - AQUIFER CHARACTERISTICS Site Name T X W S Carbon Valley Pit 50,000 2,000 4,173 0.2 Rinn Valley Pit 125,000 715 4,173 0.2 Firestone Pit 72,300 2,210 2,262 0.2 Fort Lupton Pit 90,000 300 to 1,200 4,500 to 7,996 0.2 Star Water Resources 120,000 558 4,300 0.2 Replacements Saint Vrain Creek L. G. Everist owns 8.45 shares of the Rural Ditch Company. Of the 8.45 shares of the Rural Ditch (WDID 0600551) water, 1.41 shares will be available for replacement in this SWSP for 2016 and 2017. On January 15, 2016 you submitted a historical consumptive use ("HCU") analysis. The 1.0 Rural Ditch share previously included in the SWSP associated with the Rinn Valley Pit was removed from the plan. However this SWSP will make replacement of the remaining return flow obligations (January through April) from the use of the 1.0 Rural Ditch share associated with the Rinn Valley Pit in the previous SWSP (see Table 16). 23 Mr. Rick Parsons, P.E. L.G. Everist Combined SWSP Page 6 of 14 February 10, 2016 The period of analysis selected for the 1.41 shares included in this SWSP is 1950 through 1997. For this period, diversion records for the Rural Ditch were downloaded from Hydrobase using Use 1 (irrigation) and Source 1 (river). Daily diversions for the Rural Ditch were adjusted to include only the diversion up to 83 cfs, the sum of the two senior Rural Ditch irrigation rights. The 58 -year study period is representative of wet, average and dry years evidenced in the Saint Vrain Creek and the South Platte River Basin. The 1.41 shares of the Rural Ditch were historically used on 77 -acre Lohmann property located in the NW1 /4 of Section 6, Township 2 North, Range 67 West of the 6" P.M. (Figure 1). The land historically irrigated by the 1.41 shares is the same land that is currently being mined at the Carbon Valley Pit. Thus all of the lands historically irrigated by the subject shares have been permanently dried up due to the mining operations. The HCU analysis conducted for the 1.41 Rural Ditch relied on the following method and assumptions: • Modeling using the State CU and the Modified Blaney-Criddle method with the TR-21 crop coefficients. • The total structure daily diversion records were limited to the period of proposed April 1 through October 31. • Soil Conservation Service methodology for calculation of effective precipitation. The soils on the Lohmann property include predominantly Heldt silty clay on 1 to 3 percent slopes with some Aquolls and Aquents gravels. Available water content of the soils as reported by National Resource Conservation Service ("NRCS") Web Soil Survey averages 0.155 inches per inch. • Assumed ditch loss of 15 percent. • Temperature and precipitation data were taken from the Longmont 2 ESE climate station (ID 5116). The Longmont climate station is located approximately 7 miles from the Lohmann property. • From a 1999 aerial photo, approximately 34 acres were identified as irrigated on Lohmann property. This quantification corresponds with information provided in an affidavit regarding the usage at the Lohmann property (attached to this letter). There appeared to have been additional consumptive use on the lands marked as questionable on the figure included with the affidavit. However, these lands are not included in this HCU analysis. • As noted in the affidavit the land was flood and furrow irrigated and the crops grown were alfalfa, corn and barley through 1972 and alfalfa and corn thereafter. • The Applicant proposed a maximum irrigation efficiency of 55 percent for flood and furrow irrigation for the crops grown on the Lohmann property. • Return flows assumed to be 33 percent ground water and 67 percent surface water. Ground water return flow was analyzed using AWAS software based on the Glover methodology according to the parameters summarized in Table F. Table F- Summary of Glover Parameters Distance from Farm to River (ft) Distance from boundary (ft) to River Transmissivity (gpd/ft) Specific Yield 2,000 4,173 50,000 0.2 The HCU results are summarized in Table G. Table G- 1.41 Rural Ditch HCU Results Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Farm Headgate Delivery 0 0 0 0.6 16.6 28.2 42.5 27.8 11.1 2.3 0 0 129.1 24 Mr. Rick Parsons, P.E. L.G. Everist Combined SWSP Page 7 of 14 February 10, 2016 On Farm Depletion of Surface Water 0 0 0 1.4 7.5 14.5 16.8 12.9 6.9 1.5 0 0 61.6 Surface Return Flows 0 0 0 0.2 5.4 9.4 15.3 10.0 3.9 0.9 0 0 45.2 Ground Water Return Flow 0 0 0 0.1 2.7 4.7 73 4.9 1.9 0.5 0 0 22.2 Lagged Ground Water Return Flows 1.5 1.3 1.1 0.9 1.0 1.5 2.3 3.1 3.1 2.6 2.1 1.7 22.2 Total Return Flows 1.5 1.3 1.1 1.1 6.4 10.9 17.6 13.1 7.0 3.5 2.1 1.7 67.4 Average Net Depletion -1.5 -1.3 -1.1 -0.6 10.2 17.3 24.9 14.8 4.0 -1.2 -2.1 -1.7 61.6 Return Flow Factor 1.1% 1.0% 0.8% 0.4% 61.3% 61.3% 58.6% 53% 36.3% 1.0% 1.6% 1.3% NA Return flow factors for the months of October through April are the percentage of the prior year's farm headgate delivery; those from May through September are the percentage of the month's farm headgate delivery. Based on the historical study period of 1950 through 1997, Table G above provides a monthly summary of the estimated yield associated with the subject 1.41 Rural Ditch shares. The projected annual farm headgate delivery of the subject 1.41 Rural Ditch shares is estimated to be 129.1 acre- feet. The dry -year HCU analysis for the 1.41 shares was determined to be 76.2 acre-feet for 1977 which is greater than the long-term average. The average over 1954-1957 drought was determined to be 64.9 acre-feet. Therefore the average years were used in the HCU analysis. The historical return flow obligation of the 1.41 Rural Ditch shares will be maintained by the plan. LG Everist operates an augmentation station from the Rural Ditch to the St. Vrain (WDID 0502305). The delivery location is below the Last Chance Ditch headgate and above downstream calling water rights located on the South Platte River. You indicated that dry -mining operations at the Rinn Valley Pit site require dewatering at the mining cells and part of the dewatering water is run through the wash plant to process excavated material. There are times when the dewatering trenches at a portion of the Rinn Valley Pit mining site are dry, thus preventing the operator from running the wash plant. Therefore you requested approval to allow L.G. Event to run its changed Rural Ditch water to the mining site to operate its wash plant. You have also requested approval to allow L.G. Everit to use its changed Rural Ditch water for uses associated with the mining operations at the Carbon Valley Pit and Firestone Pit since the three sites are close to one another on the south side of the Saint Vrain Creek. The shares would be used directly at Carbon Valley Pit or Firestone pit. We have reviewed your request and determined that since the Rural Ditch water dedicated to this SWSP was changed as part of the combined plan to allow for use at the Rinn Valley Pit, L.G. Everist is allowed to run its changed Rural Ditch water through the wash plant to process excavated material and potentially use the water at the Carbon Valley Pit and Firestone Pit for uses associated with the mining operations at these sites, provided return flow obligation for the delivery of the Rural Ditch water are maintained by the combined plan, and the use of the Rural Ditch water for augmentation and direct use in the wash plant and other mining operations uses is properly accounted for. In addition L.G. Everist needs to demonstrate that sufficient replacement water sources are available to replace depletions at the Rinn Valley Pit, Carbon Valley Pit and Firestone Pit sites. The approval to run the Rural Ditch water through wash plant and for other mining operations uses is for the 2016 and 2017 irrigation season. Diversion of the Rural Ditch water through wash plant and for other mining operations uses is limited to the historical average diversions and return flow must be calculated using the return flow factors listed in Table G above. 25 Mr. Rick Parsons, P.E. L.G. Everist Combined SWSP Page 8 of 14 February 10, 2016 L.G. Everist has fully reusable supplies stored in the Rinn Valley Phase 3 Reservoir and Star Water Resource Reservoir. The Rinn Valley Phase 3 Reservoir exercised its first fill and most of its refill water rights decreed in case no. 2005CW315 during the 2015 water year. The liner for the Star Water Resource Reservoir was approved on December 16, 2014 and water was stored in priority with the water commissioner's approval during April 2015. As of November 1, 2015 these was approximately 357 acre-feet of water stored in the Rinn Valley Phase 3 Reservoir and 845 acre-feet stored in the Star Water Resource Reservoir. This water is available among other uses for augmentation purposes in this SWSP. The amounts of storage water in the Rinn Valley Phase 3 Reservoir and Star Water Resource Reservoir projected for use for replacement purposes during the period of this SWSP is presented in Table 5 below (taken from the SWSP report): Table 5 L.G. Everist Reusable Storage Supplies Summary Rinn Valley Phase 3 Star Water Resource Total 2016 As of Nov 2015 357 acre-feet 845 acre-feet 1702 acre-feet Used in 2016 362 acre-feet' 391 acre-feet 753 acre-feet 2017 2017 fill 296 acre-feet 260 acre -feel 556 acre-feet Used in 2017 7 acre-feet 715 acre-feet 722 acre-feet Remaining"2016 0 acre-feet' 460 acre-feet 460 acre-feet 2017 350 acre -feel 131 acre-feet 480 acre-feet *Assumes 5 acre-feet rclill to meta B71H 2O16lease deliveries (to simplify see l algorithm **Portion of eater remaining In 2016 needed for 2017 deliveries This summary of use of storage includes the additional SWSP demand of 362 acre-feet of replacement water leased to the Big Thompson Investment Holdings Group during the 2016 calendar year. According to the 2016 and 2017 proposed accounting for the Saint Vrain Creek Pits (Table 11) no water from Rinn Valley Phase 3 Reservoir is proposed to be used in this SWSP since the entire amount in storage and the forecasted refill is leased to Big Thompson Investment Holdings Group ("BTIH") for their SWSPs (pending case nos. 2012CW179 and 2014CW3046). Although, only releases of water in storage from Star Water Resource Reservoir was presented in Table 11, the source that will ultimately be used for both BTIH lease and Everist's SWSP is contingent on the location of the call and location of uses. Nevertheless sufficient replacement water is available is storage in the Rinn Valley Phase 3 Reservoir and Star Water Reservoir to satisfy both the lease and the replacement requirement under this SWSP. Releases of replacement water will be made at or above the point of the downstream calling right. Releases from the Star Water Resource Reservoir (approximately 10 miles upstream of the South Platte River) will be delivered into the Cache La Poudre River in the SW1 /4 of the SE1 /4 of Section 26, Township 6 North, Range 66 West, of the 6"' P.M. No transit losses associated with the releases from Star Water Reservoir were assessed under this SWSP to cover the depletions on the Saint Vrain Creek since the points of depletions are upstream of the Cache La Poudre River and the South Platte River confluence. Releases from this Rinn Valley Reservoir to cover the Saint Vrain Creek Pits will account for the transit losses to Saint Vrain Creek of approximately 3.7 percent based on about 15 river miles from the reservoir releases to Saint Vrain River down to the confluence with the South Platte River times 0.50 percent per mile summer transit loss and 0.25 percent winter transit loss per mile. The transit loss percentages are subject to change depending upon current conditions. If transit losses change they will be communicated by the Division Engineer via email to the Division One Call List. The applicant shall obtain prior permission from the District 2, 3 and 5 Water Commissioners when making releases from these reservoirs. Credit will not be given to any releases not measured and recorded to the satisfaction of the District 2, 3 or District 5 Water Commissioners or Division Engineer. 26 Mr. Rick Parsons, P.E. L.G. Everist Combined SWSP Page 9 of 14 February 10, 2016 South Platte River L. G. Everist owns 2.25 shares of the Lupton Bottom Ditch. Of the 2.25 shares of the Lupton Bottom Ditch water, 1 share will be dedicated to this plan in 2016 and 2017. The 2.25 shares were historically used to irrigate 95 acres of corn and small vegetables. The land historically irrigated by the 2.25 shares is the same land that is currently being mined at the Ft. Lupton Sand and Gravel Pit. Assuming a 10% ditch loss and a 55% irrigation efficiency, the dry -year consumptive use of the 2.25 shares was determined to be 136 acre-feet. The prorated consumptive use and return flows for the 1 share is 60.4 acre-feet. The Lupton Bottom shares will be delivered back to the South Platte River at either the augmentation station located just north of WCR 14.5 (WDID 0202917) or the East Lateral Ditch into Little Dry Creek (WDID 0202307). The East Lateral Ditch into Little Dry Creek augmentation station is preferred for all releases, and if the WCR 14.5 augmentation station is used, the Applicant is required to first contact the District 2 Water Commissioner. Due to the distance from the augmentation station to the river, the Water Commissioner may assess transit losses on the amount released from the WCR 14.5 augmentation station. Replacements will also be made from the Star Water Resource Reservoir when there is no call on the South Platte River between the Ft. Lupton Sand and Gravel Pit and the confluence of the South Plate River and Saint Vrain Creek. Transit losses from a point directly east of the reservoir on the South Platte River will be 0.50 percent per mile summer transit loss and 0.25 percent per mile winter transit loss. The transit loss percentages are subject to change depending upon current conditions. If transit losses will change they will be communicated by the Division Engineer via email to the Division One Call List.The applicant shall obtain prior permission from the District 2 and 3 Water Commissioners when making releases from this reservoir. Credit will not be given to any releases not measured and recorded to the satisfaction of the District 2 and 3 Water Commissioner or Division Engineer. During times a winter call on the reach of the South Platte (i.e., the Milton Reservoir storage right at the Platte Valley Canal Headgate), replacement supplies will be from L.G. Everist Laramie Fox Hills wells. The nontributary Laramie -Fox Hills aquifer water will be withdrawn by existing wells pursuant to permit nos. 77371-F, 77372-F, 77373-F, and 77374-F. The wells are currently permitted for industrial, commercial and augmentation use and are allowed a combined average annual withdrawal of 241.66 acre-feet and a pumping rate of 150 gpm. The wells are further described in the following Table F. The Applicant's accounting includes the 2% relinquishment requirement for the nontributary Laramie -Fox Hills water. TABLE F - L.G. EVERIST LARAMIE FOX HILLS WELL SUMMARY Well Field WDID 0204101 0204101 0204101 0204101 Well Field Name EVERIST LFH WL FLD EVERIST LFH WL FLD EVERIST LFH WL FLD EVERIST LFH WL FLD Well WDID 0210211 0210212 0210213 0210375 Well Name EVERIST LFH WELL 77371-F EVERIST LFH WELL 77372-F EVERIST LFH WELL 77373-F EVERIST LFH WELL 77374-F Relevant Well Permit 77371-F 77372-F 77373-F 77374-F Well Location SW, NE SEC 30, 2N, 66W NW, NW SEC 24, 1S 65W NW, NW SEC 30, 2N, 66W NE, NW SEC 31, 2N, 66W Aquifer LAR/FOX HILLS LAR/FOX HILLS LAR/FOX HILLS LAR/FOX HILLS Allowable AF Amount 241.66 ACRE FEET COMBINED 27 Mr. Rick Parsons, P.E. L.G. Everist Combined SWSP Page 10 of 14 Cache La Poudre River February 10, 2016 During the period of this SWSP, the Applicant will use water released from Star Water Resource Reservoir. L.G. Everist has fully reusable supplies stored in the Star Water Resource Reservoir. As mentioned above a total of 845 acre-feet of water was stored in April 2015. The water in storage is available for replacement purposes. No transit losses are being assessed to cover the Cache La Poudre Pit since the reservoir is located on the DRMS permitted boundary of the pit. The applicant shall obtain prior permission from the District 5 Water Commissioner when making releases from this reservoir. Credit will not be given to any releases not measured and recorded to the satisfaction of the District 3 Water Commissioners or Division Engineer. A monthly breakdown of the stream depletions from the mining operations as well as the replacements are shown in the attached Tables 11, 13, and 15. Conditions of Approval I hereby approve the proposed substitute water supply plan in accordance with Section § 37-90- 137(11), C.R.S. subject to the following conditions: 1. This plan is approved with an effective date of January 1, 2016 and shall be valid through December 31, 2017 unless otherwise revoked or modified. If this plan will not be made absolute by a water court action by the plan's expiration date, a renewal request must be submitted to this office with the statutory fee (currently $257/pit) for each gravel pit no later than November 1, 2017. 2. Well permits must be obtained for the current use and exposed surface area at the Firestone Pit, and Fort Lupton Sand and Gravel Pit in accordance with §37-90-137(2) and (11), C.R.S. in conjunction with this plan. Well permit applications were submitted with the SWSP request (receipt nos. 3672425A and 3672425B) and these applications are pending evaluation. The provisions of Colorado Revised Statute 37-90-137(2) prohibits the issuance of a permit for a well to be located within 600 feet of any existing well, unless the State Engineer finds that circumstances so warrant after a hearing held in accordance with the procedural rules in 2CCR402-5. This hearing may be waived if you are able to obtain statements from the owners of all wells within 600 feet, verifying that they have no objection to your use of the proposed well. Should a new well permit be denied for reasons of 600 foot spacing, or any other legitimate reason, approval of this substitute supply plan may be cancelled. 3. Well permits were obtained for the current use and exposed pond surface area at the Carbon Valley Pit, Rinn Valley Pit and Star Water Resources in accordance with §37-90-137(2) and (11), C.R.S., permit nos. 70326-F, 78127-F and 74929-F, respectively. 4. The total area of pond surface exposed for each of the pits shall not exceed those values listed in Table A of this approval. Should the total surface area exposed exceed those amounts, an amendment request shall be promptly filed with this office. 5. The total amount of ground water to be appropriated from each of the pits shall not exceed the values listed in Table D of this approval. 6. Approval of this plan is for the purposes as stated herein. Any additional uses of water must first be approved by this office. Any future additional historical consumptive use credit given (e.g., agricultural water transfer) for this site must consider all previous credits given. 7. All pumping for dust control shall be measured in a manner acceptable to the division engineer. 8. All releases from the Star Water Resource Reservoir shall be measured in a manner acceptable to the water commissioner and division engineer. 28 Mr. Rick Parsons, P.E. February 10, 2016 L.G. Everist Combined SWSP Page 11 of 14 9. The replacement water, which is the subject of this plan, cannot be sold or leased to any other entity. As a condition of subsequent renewals of this substitute water supply plan, the replacement water must be appurtenant to this site until a plan for augmentation is obtained. All replacement water must be concurrent with depletions in quantity, timing, and location. 10. The name, address, and phone number of the contact person who will be responsible for the operation and accounting of this plan must be provided on the accounting forms submitted to the division engineer and the water commissioner. 11. Conveyance loss for delivery of augmentation water to the South Platte River, Saint Vrain Creek and the Cache La Poudre River is subject to assessment and modification as determined by the division engineer. 12. The Division Engineer, or his designated representative, will administer all such water transported in the South Platte River or its tributaries under this SWSP, including water for replacement of depletions, past intervening headgate to ensure that such water is not intercepted or otherwise diminished in quantity by diversion, use or other interference by intervening water rights and to assure that such water remains available and suitable for Applicant's uses under this SWSP, except when any intervening headgate is diverting the entire flow of ("sweeping") the river. In the event that delivery past headgate which sweep the river requires the installation of a bypass structure or the use of an existing bypass structure by agreement with a third -party, Applicant is responsible for either installation a new bypass structure with a continuous recording measuring device(s) as approved by the Water Commissioner or securing an agreement with a third -party to use an existing bypass structure and providing such information and agreement to the Division Engineer. 13. All diversions shall be measured in a manner acceptable to the Division Engineer. The Applicant shall install and maintain such measuring devices as required by the Division Engineer for operation of this SWSP. In addition, the applicant shall maintain daily records of all diversions, replacements, and the amount of water used for each particular purpose. The applicant shall provide a report of these records to the division engineer and the water commissioner on a monthly basis on a form approved by them. The accounting must be submitted to the division engineer in Greeley (DivlAccounting®state.co.us) and the water commissioners (Brent Schantz at Brent.Schantz@state.co.us, Shera Sumerford at Shera.Sumerford@state.co.us and Mark Simpson at Mark.Simpson@state.co.us) within 30 calendar days of the end of the month for which the accounting is being made. Submitted accounting shall conform to the Administration Protocol - Augmentation Plan Accounting. 14. The Applicant shall perform an inspection and provide verification that the land associated with the changed water right in this SWSP has been removed from irrigation during the term of this SWSP. Verification of dry -up must be in the form of an affidavit signed by an individual with personal knowledge of the dry -up for the entire irrigation season for each parcel of land associated with the change of water right in this SWSP. In accordance with the attached Administration Protocol - Dry -Up of Irrigated Land, the Applicant shall provide a written notification to the water commissioner and division engineer by April 1, 2016 and April 1, 2017 identifying the lands to be dried-up for the 2016 and 2017 irrigation season. By October 31, 2016 and October 31, 2017, the Applicant shall provide an affidavit to the water commissioner and division engineer that confirms dry -up during the 2016 and 2017 irrigation season. A GIS shapefile outlining the dry -up must accompany each affidavit and be emailed to DivlAccounting@state.co.us for each notification. The shapefile shall include the WDID of the plan, a delineation of the dried-up land, the acreage of dry -up, and any accompanying metadata. In addition, the datum must be NAD83 and the UTM projection must be Zone 13. 29 Mr. Rick Parsons, P.E. L.G. Everist Combined SWSP Page 12 of 14 February 10, 2016 The historical consumptive use attributed to the changed surface water right(s) under this SWSP shall not include ground water contributions. As a result, the historical consumptive use ("HCU") credit calculated for the subject water right to be changed by this SWSP shall be reduced by any ongoing sub -irrigation from ground water. In order to ensure the required dry - up conditions exist during the approval period of this SWSP, and to ensure no sub -irrigation from ground water is occurring, the Applicant shall provide records of monthly monitoring of depth to ground water for all land associated with the change of water right in this SWSP. Information regarding depth to ground water may be provided using existing irrigation wells, existing or new monitoring wells, or piezometers located on the dried-up fields. Applicant may utilize wells or piezometers located within' V4 mile of each field provided that the Applicant can demonstrate the depth to ground water information available off -site is representative of the depth to ground water on the dried-up land. The Applicant shall modify its accounting to reduce the amount of the calculated HCU that may be claimed in this SWSP according to the table below. Measurements taken at the start of each month will determine the necessary reduction in credit to be applied during the following month. The Applicant may use another methodology upon review and prior approval by the state engineer and division engineer. (Construction of monitoring holes/wells, or piezometers requires that permits or notices be obtained as described in Table 1 of the Water Well Construction Rules.) Depth to Ground Water (Feet) Percent Reduction in CU Credit' Native Grass Alfalfa 1 85% 100% 2 50% 90% 3 30% 75% 4 20% 50% 5 15% 35% 6 10% 20% 7 5% 15% 8 0% 10% 1. Adapted from EVAPOTRANSPIRATION AND AGRONOMIC RESPONSES IN FORMERLY IRRIGATED MOUNTA N MEADOWS, South Park, Colorado, March 1, 1990; Revised September 1, 1991 15. This substitute water supply plan may be revoked or modified at any time should it be determined that injury to other vested water rights has or will occur as a result of this plan. Should this supply plan expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all use of ground water must cease immediately. 16. If reclamation of the mines at the gravel pit sites included in this SWSP produce a permanent water surface exposing groundwater to evaporation, an application for a plan for augmentation must be filed with the Division 1 Water Court at least three years prior to the completion of mining to include, but not be limited to, long-term evaporation losses. If a lined pond results after reclamation, replacement of lagged depletions shall continue until there is no longer an effect on stream flow. 17. Dewatering at the Carbon Valley Pit, Rinn Valley Pit, and Firestone Pit will produce delayed depletions to the stream system. As long as the pits are continuously dewatered, the water returned to the stream system should be adequate to offset the depletions. However, once dewatering at the sites cease, the delayed depletions must be addressed. A plan that specifies 30 Mr. Rick Parsons, P.E. February 10, 2016 L.G. Everist Combined SWSP Page 13 of 14 how the post pumping dewatering depletions (including refilling of the pit) will be replaced, in time, place and amount along with the evaporation from groundwater exposed at the sites after the dewatering stops was presented in the proposed plan. 18. The monthly volume of water pumped for dewatering operations must be recorded through a totalizing flow meter and shown on the submitted accounting sheets. 19. Water shall not be impounded in any lined reservoirs except pursuant to lawful diversions allowed by statute or decree. At all other times, all inflow of water into the reservoirs from any source, including precipitation and ground water inflows, shall be removed by the applicant. The water may be removed from within the lined area and returned to the stream system through surface flow or ground water recharge without need for replacement, so long as the operator does not put the water to beneficial use. 20. In accordance with amendments to §25-8-202(7), C.R.S., and "Senate Bill 89-181 Rules and Regulations" adopted on February 4, 1992, the State Engineer shall determine whether the substitute supply is of a quality to meet requirements of use to senior appropriators. As such, water quality data or analysis may be requested at any time to determine if the water quality is appropriate for downstream water users. 21. The decision of the state engineer shall have no precedential or evidentiary force, shall not create any presumptions, shift the burden of proof, or serve as a defense in any pending water court case or any other legal action that may be initiated concerning this plan. This decision shall not bind the state engineer to act in a similar manner in any other applications involving other plans, or in any proposed renewal of this plan, and shall not imply concurrence with any findings of fact or conclusions of law contained herein, or with the engineering methodologies used by the Applicant. If you have any questions concerning this approval, please contact loana Comaniciu in Denver at (303) 866-3581 or Dean Santistevan in Greeley at (970) 352-8712. Sincerely, w,it- ;,/ eatherage, P.E. f of Water Supply Attachments: Tables 8 through 16 Commitment of Water Supply Affidavit Dry -up Agreements Figure 1 Irrigation Water Usage on Lohmann Property Affidavit Star Water Resources Pre 81 Map Augmentation Station Map Administration Protocol - Augmentation Plan Accounting, Division 1 - South Platte River 31 Mr. Rick Parsons, P.E. February 10, 2016 L.G. Everist Combined SWSP Page 14 of 14 cc: Dean Santistevan, Assistant Division Engineer, Div1Accounting@state.co.us (810 9`h Street, 2nd Floor, Greeley, Colorado 80631, 970-352-8712) Shera Sumerford, District 5 Water Commissioner, Shera.Sumerford@state.co.us (1417 25th Avenue, Greeley, Co 80634, (970) 352-5558) Brent Schantz, River Operations Coordinator, Brent.Schantz@state.co.us (810 9th Street, 2nd Floor, Greeley, Colorado 80631, 970-352-8712) Mark Simpson, Water Commissioner District 3, Mark.Simpson@state.co.us 951 Wheatridge Cir., Loveland, CO 80537; (970) 420-9568 Division of Reclamation Mining and Safety JD/JMW/idc-Lohmann, Rinn Valley, Firestone, Ft Lupton, Lupton Meadows 8 Feit (16-17).docx 32 z. a 4C C '° - G • 3 0 • c C Q N Zak 4J 034°15 a r r y CD 20" C la m' m a F SEG) 0 4T W m ream Tw C m C y i N 7 e A > O 3 O ▪ m — U ' NET DEPLETIONS m N 0•TV O. O 4•^hN�e m F 0. n a 4 N�O m e DEWATERING g O m m e N N n N Cppl e N e e e O R p n g O n O w m n 4 1.1 m 0 Z m CNl m N. n n n m 0 t O$ 11200 7 MINING DEPLETIONS C O 19 4 I m m N O ��4ei a O m T IIIIII� O n N N N' O 'mg, z2= 4n,'nmoenfN0$n2% 0 g c o 'f g 4 0 0 r“ .4 2c6Agg;Foirev-6,8 4 4 4 4 4 4 4 4 4 4 4 4 Tmerry w m w m O H N N 9994 rmla n c- m R- f 7 0 4 �p N 4 R 4 N 4 A N d.— we z • O• 444444444444N R N p 1. O m 1't N m O O p m Exposed Area (ac) 3.03 3.03 n q ri 3.03 3.03 n n 0 0 nriririri n 0 n 0 n 0 n 0 riri n 0 fate Production 8 m≥ ;£44Q444R44s44444Q4 �pp O 0 n N R n N R 4 R n F p a Material Not Washed (tons) 4 N O m m N p N n N N m E Material Washed (Ions) 0 qp 6 Total Excavated Material (Ions) p fR <e40 18,800 19,200 QQ N m ss R „f N N m QQ Percent of Excavated Material O n N- x CI O q Oi 0 ,x0 m 0 Oi w O n N n ,x0 0 Q w p O O Month ,O 10 ee -mi. l Mar -16 w y 7;12;1:7 Q�-Oi<NUZ 0 w f0 O 10 y 10 Dec -16 TOTAL 2016 O N •pall CI Of R ^ m N 010 Nm^ O• 0 N n- O n 74 co n,, n n OO o CI N h h n N O Q n< 4 O N Im•1 O N n n O 4 O n 0 0 T O N pp 0, n C) N-- ,R n ^ N O m rl rl - Oifl 0 - 0 Cl 0 0 O C 0 O uo m.. 000ceoM44oe n n R m 0 e 0 m m WD O O nnnv`Vinagsa888sm 4 4 4 4 ^, 0 0 0 0; a n 4444444444447 0 0 0 e 0 O m n 0. 0. N N O O n CJ 4 O N- G n— . f m Cl O g 444444444444M n R N R O R N m O O n n 0.0.0.00! ri ririnn n n n 3.03 3.03 n 0 ri sB::RnAAassss10 4 4 4 4 4 4 4 4 d m 0 e o Q Cl < N 11.236 20,709 - N - w N N w N g 0 N 0 `8,B Q m p N IgnS�m,mo R N N N N a/ N O tx•1, N 3 e 0 y 0 ,o 0 N m 0 0 2 ----w_ e N C Op 0 tamg 6 N t= 1l, b. Oct -17 Nov -17 S n_ 6 r cD N N ai .S C X L0 I° 0 O q 0 m m a 2 a S E m aac n l a 242 GU .-z d`SE m - $ m smag nit ags O y m s c s to river system. Wi 1 1:5113c" m S 9 C Z i o Ec5cc u rim' 3 Lymgi@�m EEC 'L qH $, a N m m 2 8 6^ m m 011"286:'°78egg* O'i z > a rl O m b i m> m r .500E-towomsg:alloo...So_. _ O a O O C O O yO O O '$ i; V i O R S J 1 d 0 mm8cw 5,cm WIii m WW `{ mal-mw zww 63 z-NriviC N0D, e-Nriv 33 O Ol n C .0 A u O . c y Z L a) PAZ' y O 00. G N 0 (f N d N m r c ea t--. I-dEd • u o p as 0 Ka • E m c a.0 O u! TIC" L > t'G c (0 C Ate. N_ 0 i 0 0y n om . rgN...unul nrye i7 n 9Nvi9 ,v p°! DEWATERING Y ,9 N h g R N 0.- n I m q S m ... ., m m m , n ,. e C 4 y YE p N N N P N N n e e p O m O n g O n 0 0 O O 0 O O. n MINING DEPLETIONS 5 e 7 NN N1� • ^449 ' S al "8889981$8888? 29 Z .� ry N ng7rioodol:l Illi 8 =1;88r8s8888888r4 3S co 90000000009 i- g0. _ m v m e ° Q ma. O O G G N O YI °I xxxxgC O n b O O m d,i m d O OO g 8 ca w Pre, 4p44444449999r 88.2;oo o N-::^og .5 w .2 OW • 28 999 A N W lV iV iV n if, yag444499999999N Exposed Area (ac) nnnnnnnn o .C b 1O C 10 b (0 0. 1E3 8 2§ ;2 a 'Y'nm,S4AM28888d 4 4^. , 9 d d d d d Material Not Washed (Ions) e4r01g0 K N o N vi d 4.547 4,493 E g pp i 9 0°1 a n OnONA m H r� m a m .°N10 v u m a a 4 3 ni ig i g a �Q a E m e g n �q N g 45.470 44,929 Percent of Excavated Material x b ri uiNd N g I° m dt'd a g cd oi°i e N ad m N mui8 O' L 1pmm1010m'' 14" Sep -16 Oct -16 wo gg zo I TOTAL 2016 99979999999.“ vnrymma nry. -? N 1') 7 m n v 1'1 N .- -749944444=, d OOOOOOOOOOOOO o d d d d c o 0 o d d d o gw;ssaaosssg(0 4 4 4 4 4 9 4 4 4 4 0 4 8888888888888 d d o O o d o o O O O O O 8888888888888 o d d d d o d d d d o o o O x x x o N g g x x x o O OO o n OO YI b OI P .m. 4 C O O 0 V p d g 8 O 8 O 88Vaa8SnAVE2 444444449944 8888888888888 o d d d o 0 0 0 d o e d o O O O X r1 C N dVddWddddoui$ g V m O 1x'1 A N m N$ Oct -17 Nov -17 F N II E I a n 111 g5q?0 ,o� o us° -g ° N 9 L e siiiI EE?03! ii'i 2- Pscp a .p§ 1! N B o Ica! 17^ m-m-iE O E' E arppeas !=S = ≥1 mm0 -o E oocaogo i IlEgE080,t23;8ow3$3 �9 1 '{yy ° cc9c o0 1 f W W n Z W d� W W a W W W o �Nri ddmr- 2�Nrividnm°i��.-.-'$ E w Accounting values based on measurements of actual Ice cover o N o t o w 1IFg S u $m .1 g m $ EI: R H F L E• cEt b g 3 y 3 s' S g i c ;1; n u Qy n x.0 o S C = § E i s lel II 4 E al. II - s '5l_ il t F 4 p " s' S 9 L li Ee g� fl' d�li'pp� ;l E.5 15 S E Be i ll 'LICE $ m -g m 111FS5 gh_hi I iltrngE1t 1 ::1;°.83EoCE e ig- ;ink-. ca-! 1 ° •-05.eE8i.3 34 R a o c V m C d O 0 J 1Y 2 O c _J o t02 y W Z Q O a ₹ N €L R N O O—: 0> N p m .0 0m s I- j d d o u v MOO KU 00 >w — EN N (f N j o ; - y C A LL C NET DEPLETIONS 0 ^ mNoa N ^ YI 1.1 � J n O ^.^�•'W'm�••'R ^ 2 W F a O O 1 q J 1. ^ g T “, h^ d ', Oq m. 1- N 777777 m m I N N O^ O A§ o a s z9 n m n=un m �^ gmtArac,.ngio8 m n m 0^ n Zg MINING DEPLETIONS 3 ryNNii, 4444^44 B4 z .! m 8i, og,m ^ N l7 Yr sn?;eg I� T T 4 141 g; q N r Concete Percent or Total Water uaion Production Prod Consumed $$8^nmlm14 O O G ^ •• &, -1.43 -1.04 m8N 90 000. S• p• 1� n n 2 8 m O O d o N O m O d 0 O m^^ O Q T 0 g 4 o pm. O qB 08 Oso$eza2' 4 4 4 4 4 4 4 4 94497 2 d w y nnm,0«nnlnoR: 77,7,71,4 • • 7-r Yim^ if t- £ iid o@ NU 28"'N28 d d d d o o 8 d 8 q5 W W m 'ma z qq O 9 4444444444444 pp 9 N N Y 4 9 N 9 8 0 n Exposed Area (ac) 1I R m m P, C' e e n nn W d nnnnn m e O I e e 3 U NZ 44NN?^4R^Imi• M8^mNoW"2i�rvox Material Not Washed (tors) 4 Q q § m n 15 300 26200 Q SgQ AS, tan 29,700 30.900 ?§ Q enins§ §R Qp Aggregate Production Material Washed (tons) §8 ^ ^ 45,900 64.500 8§88§§S§§ a• mg=s § Total Excavated Material (tons) § O 4 yj E l8 N Om C0 0 O IO l§ m N O O 8 m QmB § O' Percent of Excavated Material O 1n N % O T T b m T 2 o n T x n m 0 W T O 8 Month ow H Mar -16 Aor-16 i m IO o 10 QNU m my Nov -16 Dec -16 m JRJ r ('% Trr:Nnnn4mA ? N^'7 O^^ N 4 4 9.0 I -10066.6 f -74.2 OQ N m m h O b N m O n q O n •Y Y N W A N O ^ mm�^ ;mgi^'Gu"^iem-go§ m1V0^n• m m n g 2 m n g IT444 V444il - 8 rvri4nT99"."?I 8 r? C e 0 n 8 pO n n 8 0 0 N 8 S o o 4 7 7 N 4 C b p INO O p O 141 p^ p• ^ R§ e g S O 4n 0$n. Tori o O d O N o YI O O an d N O O^ m O O l; O O d 4 O O' d 8 OSUBo_ooeP-o8 989989849999 n u0rylfl1%40ryfWm^ • • ^44447 • ^q 28V82 0 o o 8 d o 0 d d o 0 0 0 m o^^ O N O m^ N N m a A n N^ N m O O 44444444444H 4 frinnnnnnnnnn 000.000000000 O O N O 0 N 8 m 0 N O m S'N"?,H1T • t 94^• § •d § § Tenn o § 31,500 29,700 § o meennog § § R 1 §. m 11 700 45.900 § g SBd8mS8Og$8R§4 § § 8r x l oa § § O 1010`4 112,800 115,200 0010 m8ttei N 0 88 ^ ^ §a 08 'toots* oN �no60=0.A•Non8 oulai1x•I A Ns e0 nnNnNnNNN Dec -17 TOTAL 2017 t 6 m 7. t 2 6. i iliz i°44.1002 35 —i w 2 5 a O m 0 R i 10 C 88888"88888$ Laramie -Fox LFH Transit Hill Well LFH Credits Losses Pumping 8888888888888 6666666666666 8 6 8 0 Star Water Resource Delveries N N m Q m m m m m 0m V p m m N 0 O N Rinn Valley Phase 3 Deliveries Goldstein Everist SWSP Lease 8 pq NONOANIf'l; N N N N p N N O MM 31.63 33.08 p0 NN8 fl fl N 0 c N a '103 J NONOr1(If.tIN00 1:00060.N,ri NNNNNNl7n1117 1p -32.26 -33.54 8 N m Rural Ditch Depletions me. 9999 -.6 I., fl't7C gcla�8 m NET DEPLETIONS Out-ol- Priority Net Depletion "N88m88m„C^� N, 6 6 O,7 N N O q i etti— 8888 88888888 Carbon Rinn Valley Firestone Total Valey 4.85 -1.49 -30.69 -27.33 -36.25 -6.99 -38.78 -82.01 N 0 $ qN 28 Nm N 4r$ GO N7 me -16.53 1.07 -12.54 -28.01 -7.79 5.69 103.31 101.21 -26.75 -7.17 14.54 -19.38 -17.60 -5.38 1.32 -21.66 N m "m N ; 00 b ^ r �i 8e O 60 e4 12.30 -7.31 -55.31 -50.31 -32.69 5.04 -24.44 -62.17 9.35 -61.29 -92.13 -134.07 Month om dG -Ni li Mar -16 Apr -16 0000000w �8 5,"1 � cd,igg NO2m TOTAL2016 88888 0.00 17.31 11.05 0.00 66666 88888888888 00000000000 50.01 -1.87 48.14 50.01 -1.87 48.14 mflg„C 2.87 147.94 165.43 135.22 . Im'1ON Cb 8 0 8 0 8 0 vwNoosonsNos mode ^ -151.94 -164.21 ...q' eeseeesseoes 555555555855 888888888888 2.03 -3.50 -32.90 -34.36 -38.72 -2.44 -39.91 -81.06 129.89 -1.70 27.56 155.75 -1.94 -1.19 17.82 14.69 MS -27.96 -0.41 14.52 -13.85 _ -18.64 -0.28 1.30 -17.62 gqV? -369.68 -11.42 -74.19 -455.29 ;4S u $ n 1pN CON, No mg rvm mui ,se5 99 9999 N= 'n,lnn m4 N08^ rrrN^NN ^NN TOTAL 2017 p Y 1 5 ih O 0 2 0 a. C 3 N z 1g c E w SRN V >> 0 a % 0 2 • g b ps ; ID6 8 a E > u E e Fm3 € a �wm 2 2 E a gj822 9 C r E a c m E c E N E o E N mE3Ex J1,1 y qN 0 0 i r ^C) N 0 > 1462 12 E ≥ r'>� N $ > 0 t ?pistil OiZ ON v �N 0 d N {E r>i m §j0 Aai O 22;7,- c .571.° OoI E � sais8≥ >0>wa "> = `cU N E AOmJ 0 q ag 8 p 0 2 ii ti Cr- n O a m to Q, z 'O 0 ai 7 3 V 6 C ei Q 10 O Z «a₹ 3 d d L m y 0 ‘‘IC N N m G T M d2.s " InE ID a a to o 0 s'° re 9 t0 N N 7 0 m Geer, 72= J ` LL NET DEPLETIONS n Q ##1### N 1 00'1 OI < OWN °°°25 ;988 DEWATERING 0 gpm Not Lagged Lagged b ,,,,,0,00000N 4 9 b', 9 9 9 0, 9 9 0 9 0 9 0 9 O 9 8 7 o000000000000 0 0 0y o 0 0 0 0 0 0 0 o o 0 0 0 0 0 o 0 0 0 0 0 0 0 0 o 0 0 O 0 0 O 0 0 o MINING DEPLETIONS C a Yn Z F 0 .o 1'1 N n nTvfnm� 7 7 o n 0 N< ; Ob1gm N a I n 0 So Z m J O bm. N N 1- N73 MNVNM O q1 01 O N 0 Q O O N n Q,- T 1� b Q b b co O o EE 0 N PR0R 9 9 n 9 m O 9 4 r ^7777700 9 0 9 o 9 b 9 N. 9 9 n 9 0 7 e 'O a w m q S> 0 C 7 • N 0 CI n m •n 14 m PI b n•• Q 101, N 0 151 N T N N O N 1. b v o — q� W e -Y m 2l re -ww O 7 #####9 n Q bn Q 99 Q 0NNMO n 8 N 9 9 00 9 '? Exposed Area (ac) 22.26 22.26 000000000W NNNNNNNNNN NNNNNNNNNN 0 0 0 b b 10 0 b Aggregate Production Z E Z. 0 O 49 .- 0 003 Tr.'IT94'917q N O N 0 O Cn'I Q N• Matedal Not Washed (Ions) 88 0q ow I 20400 1 37 600 38 400 00N00 V Q 00 03 n N 7 Q 0 b 0 b Q I 42.400 I 0 0° mg 7 0 Q Matenal Washed (Ions) 24.000 15.600 0 0 N G 112 800 115,200 126 000 0 0 m o - 0 0 b n - o 0 Q b m O 0 Q b - b 0 N n -00 o 0 O Q 0 0 Total Excavated Matedal (Ions) 0 0 O$$ N N 0 b 150 400 153 600 0 .0 O b Q n 0000.0 O N 0 N N 0 N 0^ 0 b 0 Qy y b 0 0 10 0 Percent of Excavated Matedal *******""*0 col, 60mo ml0 111 � N0no L E O b mwS0. -1 LL w z< w w 2 b w ;�w w < b (0 Oct -16 0 ow 20 0 TOTAL 2016 O Yf Q T O N O 9< Or 0 0 N N Gbl N O b 0 Nr 4• 0 O O O O O O O O O O O b 9999999999999 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 e 0 0 0 o o o 0 0 0 o 0 0 0 0 0 0 0 00NQo;mNo`0Nm< n II v.0. 0 W b m Q• O - V N° 4 C °° 9984 N n nN T 0 N 0 OOIN01 0 O Q N 0 n n 1� 0 8 b O N9.9.0000 0 0 0 0 o o b^ 7 0 0 9 9 9 9 9 4 9 9 9 4 4 9 7 0 00 o N Ib0 n QO 1° 79484,8199 a n m m N IT b 0 N 0 0 b O N n OO O- n Q Q Q n N N O O 999999999999T 4 g 9 9 9 9 9 9' b N b N b N b N b N b N 1Y N 0 N 0 0 N 0 N 0 N NNNNNNNNNNNN m NC0 , 0 C1 R o N o n a N 999#1'91184174 00 ON I 20.400 I 0e 000 I 41.200 62 800 48 800 am0 0 N N M f0'1 COl 0 M O 24 000 188 400 146.400 O 80 r 10 0N000 0 N 888 m I. g88 No Y e 1`I 0000000000000 8 N b N S b 0 b fl O b€ Q b fl N N n 0 N 10 0 Q y b O 00 0 N 1M'i -'0(03000 0 0 b O o n 0 N 00no b Q 0 m y LL Mar -17 0 Q MaV-17 I >> »Q 0 o 0 (0020 0 0 L TOTAL 2017 d in SWSP accounting. a 7 I 37 m 2' E E 7p =0 0 E 8 C Q Ces N Ea ₹ M m aye 0 Cr.- in M r C O y m 2",.7 .72 >>� d • o • d w 5 G A y C o r• m o N 3 m N m > C CO Ian J 888888^088888^0. 0 0 0 0 0 0 0 0 0 0 0 0 0 Laramie -Fox Hill Well Pumping 8 0 Star Water Resource Deliveries 3.53 3.43 A v 887.8 Noo 0 >i 3.25 Niv vi m nm 04 Rinn Valley Rinn Valley Rinn Valley Phase 3 Phase 3 Transit Phase 3 Deliveries Losses Credits 8 m 8 0 8 0 V O m 3 O O Q O^ m m m O Q 0 N Out -of - Priority Net Depletion N T N g O m m m m n b CI c cU ($$888888888888 a o 3e ae 2eaeaeaeaess exe FL Lupton -3.53 -3.43 000_0000w N 0 0 m O .9N 0 Ip n t a {r0 0 ,v ,w Mar -16 1 cow aA;s‹m <2,-‹, o 00 Sep -16 Oct -16 400 ao 2 0 TOTAL 2016 8888888888888 0 0 0 0 0 0 0 0 0 0 0 0 0 00 NN ^ ^ o vi<viavvN^mmV end @ mmM$inm 0 m 8 0 8 a 8 0 8 0 p O o ry N N O v m N m O m v m V 6 N N ^ n y N 4 gj O ui q O 4 O 2< m o m V 00! e gj g :esaess.:ea;e:;e:e 88pO 8p888888888 OO 4 N 1� fm0 T O— N N O 4 ;2 -mi LL Mar -17 n Q2-3i>Q m c 0 3 d AQ2 > Dec -17 TOTAL 2017 N m CO m N c E 2 2 O N d O _q N O y O • sal � `o c E IV E m o �ma>yJ Ong p n n E aO 9 O C • m E w 2 E oE m , ggR §l6.O O 4 - ENU2 rrltOCN N O c • > m Q > Gy O E E a g E 0 a o E c E g 3 0 3 raS2 2216&-c Ek2m¢ ma2z70 -i0 v O H 1500 Eca S E s N 0 a I z C 8 Q E m qm C C a m O J - O r�� s htgl m a J > m yC q1 O -giro N C s C C rC • m r sp L g a��EEmm Eaf m e55c ,14!;82t € I :61,1! 23! ks pp n E£�-g'5 E N f n JizEC Zym_mm0 at ^a3. lea U c .N.. Im- m m Et. B. EEE^. a°g`pE€i62gg„g= me € $ N 6 m N - m m S Z O g E 0 O m . w. o ..CmEmwm a 2.-N Cl tin oCO NC O5.2 Key Reservoir, assuming water year 2017 fit to Nov 1, 2016 storage amount LG. Everisrs total use of Star Valley Reservoir J E SE E• m> 5 'c gm E2 m.4 El 3 m gm E c N• o se me 2T; -s O m O= mam NE ;7,2 or„ -t NO 0- 0 0.2 041 Cal EL • E LL': E m I I 38 C a - N En 00p, a du; TN C $ ! C 0 C J 0 2 am m r4 .0 o N ; s 0 C 2¢ Hx mQ Z CO y :715 EMO yr wt ag: 112t= •0n a ~ m m u u W a u d . R tt c m _ R N 7 A CO A Ta N 2 0 F Za W u N P N N 999999',99998 N fl N N N O P N 0 N O P P P P O O M P P DEWATERING I 0 Opm o my 00000 00.00 0 0 0 0 0 0oo o O 000000 O O O o 0 JY 0 0 0 0 0 0 0 0 0 0 0 0 0 0� Z3 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 o O 0 O 0 0 0 o op MINING DEPLETIONS C E f.0..0 p N N M N N 0 0 0 P N e N 14l E. m 3 1°- O g 23 N N 44444•7'7^4444^ lnl P !. O 7 O m N t7 N Y 7 NNMOOOWNMO gE 00 m0007777777om 4999449444447 I Evaporation b. a m m N N N N 0 O I- C Y N m O 1°w 444444444444 ' � o 7 J- N N ^O e e n rll e 0 00i o d's z 444444444444'! Exposed Area (ac) 2.20 2.20 0 0 0 0 0 0 0 0 0 0 NNNNNNNNNN NNNNNNNNNN Fate Production o `m E o o o o o o o o o o o o o v o o o o o o o o P o 0 0 0 0 3 C o 0 o O o O o o 0 0 o C o U Material Not Washed (Ions) 0 Material Washed (Ions) 0 Cl a Total Excavated Material (Ions) 0 Percent of Excavated Material 0d 00-0. N N 0 0 O' 0 A O' N C b 00 Y 0 O o Month 00 - l LL I Mar -16 I 'lalao p .3/4M-14t0,-+Z m o o Q fl 020 N lDm O 2 I Dec -16 L TOTAL 2010 P N 444444''74444': P N 0 n Cl P. O P O N O P h m N O O N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 d o o 0 0 o 0 0 0 o O 0 o 0 0 0 0 0 0 O O O O O o O o Olop O o od o O 00 o O O 00000 O O o N N !1 N N P 0 0 0 00 Q 0 f O 9 9 9 9 9 9 7 9 9 9 9 N 999997^T4444^ N INlI P 1` O O O 0 N. N 4 N 000 N P 0 0 0 0 N— 7 N O O o 4444444444447 O O N N CI N P 0 P O P P N. 10 O N— 0 N 4444447994994 WQMwenCON O 1'i O O e N N 0 MM 0 01 4 4 4 4 4 4 4 4 4 4 4 4 N N N p N N N N N 2.20 2.20 00 NN NNNNNNNN NN 0 0000000000000 000000000606o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 0 0 0 0 0 0 0 0 0 O N lq 7 7 N C P P P G P P m O^ N V 4 C Q CI O O 7 I Feb -17 I Mar -17 ,-777777 TOTAL 2017 -mi .c2 m mouzo N 0 C O N II 4 e m 0 = 'Cl 0 0 0 0 0 0 N O 1� N 0 0 o O P e m I 3 c 3 is • w ▪ E K -'. It 0 0 0. X C `u N c C u 'e y IS Eta 0 c a E @- m a < C aco c a • o $ c s 0 g c m E m Pi I0 I. Cl 'o c • -� 3 e' Cl =0- e a c '� C I E I- E @. It m m 0 E v • S l 0.1 a u n m 3 E q - m < Q.� L m a go- o a E 1 E mP ' w 21-41 se ' ¢ CI.-' rc Cig pp `ma ifa ▪ Is z5 3 0o. . p=a 00 a !^ o TO.W_=Nt m ▪ 1 a=EE gs U ?NvImt 21tE iiiii! sa it g a n c 81 C $ .4-org IcmgcE0 r$^L cne�p8ia a e4=� f 0NLN0L0 p .�-CC, n c n$ '002 IC a E we2 E $ m a 2mlE`omCg' O 6 Mill c C .C mSE l CEm� E e 8 o a 5= c a •- 'u�eEEE �=E0.N g E 2 g: m_ 0= E m$ a to amen -^+m -mm, mm>.fo1.0 N-§C§� 'm '� a: p9 $m c2 o'v o 0 Eye m vL$ m m'z l€ g o Y O C C$y ...VFW OW W Saf mWOWWI. z NPNPI.PP O" N .7 39 s 2 0 « Ecc w 0000000000000 Laramie -Fox LFH Transit Hi Web LFH Credits Losses Pumping | | 0 \|$ 000000--00!2! E§ IEo 3 I$ n | |O 2$| ]§0099§;9994; )13 166666161666 - °P. ;;9 -0.52 -0.67 §®2§;;;` '77 \ • ! Feb -16 Mar -16 !`�± Oct -16 20, |||!|!|||!|!C | | | S0000d--d000! | ! | 9990;gel;6024 m 999'7 „ ■■■§8 at 81li§§§ 151022223020 9;,9,,..799,9« !k!}±\4} Sep -17 Oct -17 2k TOTAL 2017 LOCLLUCCIC0LLIC0 el M. 40 1 E •1 N 6-C sg J Rinn Valley Phase 3 Supplies $828284 =.$88a FRRRRRxa;aae 8 l $ 8R828q -88$8 2RRRRR:,a;aaa 8 8 8 888888 88888 8 Ud 8 888888 88888 d .00000 00000 8 I 888888888888 0 0 "a��Rs„sg`n_i�d OE s 1?igtS3 tl819 0 Lupton Bottom Ditch Supply qa:94 ::.w: a V f' 8-9886 aaa28 9g7y-_v9., 8 388= a;fa ¶1¶T1 a 86ai 866 eiS!!i! Se ssigiiiiiaie 0 t 5ppen! 6Rs!5 Rural Ditch Supply 3a3adg _srs30 8 1113311 13114 33$33 a 8 s 68 rill Fc 6 8s#! 11818 22888:❑«Fa 9N4eeeN9 0 obeed0000eoo 0 a 000000000000 8 8 888888888888 e 888888888888 8 I 000000000000 0 n RRRRRRRRRRRR fl NNN 0 I g88R88RRR 9N99a9919 788-1x375 794 9if a a$s8ad 8 8 ; ggg aaaegtaa4 c --- 0 7268 faa9 ---gagers--d' 3333333!3333 33I13 a 8��$a Q; $1ji49itt818 I 6 I Star Valley Reservoir Supplies R 0 8 'o -8:^9--:4 6R I 888888888888 d00000ee 8 Rodod88$8^0: -ee-_aeeo $2S 48882r8:.r 6 o 000egg8 g4igisi�ia4i 8 -8r8R8688„-8 :6.4:;%?Y. 888888888888 eeeeeeee 55!!!5 !t! a^.;c8$$=8;88 8$x8?886x788 86-0;00.1853 8 a 6E4119iiiaii 0 41 COMMITMENT OF WATER SUPPLY L.G. Everist, Inc. hereby commits the following ditch shares pursuant to the January 2016 to December 2017 Substitute Water Supply Plan for the Carbon Valley Resource (M-01- 017), Rinn Valley Resource (M-97-093), Firestone Gravel Resource (M-96-052), Fort Lupton Sand and Gravel (M-99-120) and Star Water Resource (M-97-522): 2016 Irrigation Season — 1.41 Rural Ditch shares and one (1) Lupton Bottom Ditch share 2017 Irrigation Season — 1.41 Rural Ditch shares and one (1) Lupton Bottom Ditch share This commitment evidences the dedication of a renewable supply pursuant to the requirement provided by the State Engineer's Office. This commitment shall remain in full force and effect during the term of said Plan. �/�l=�G,�c„may In WITNESS THEREOF, the undersigned has executed this document the 44-t- day of a .January-2016. L.G. Everist, Inc. By mina - Jam A. Sittner, Mountain Division Project Manager STATE OF COLORADO COUNTY OF cl 4-h2o/ Acknowledged before me this `day of ianuary 2016 bpim Sittner as Mountain Division Project Manager for L.G. Everist, Inc. Witness my hand and official seal. My commission expires 07 - / J — .7W/ Cynthia Antrim Notary Republic, State of Colorado My Commission Expires February 19, 2020 Notary ID: 2008400573i 42 (30 *as J m r 7 0) �' `�- re L O N a._ (0 2 m 3w 'O a) m m m z TTo 9 `� O a) O N N N c co oar°CI) a= E a •E 7 o 0)i co N Cp U T'O N 'O r C U al O •> O a) a) m i3 m N E w o a) = C w U L N L m O C f r= 3 E w a 3 m 3 c E 2 m m m m E o m 2 O � mN m d U O1 co N 'NN O y c 0) L w L>. L a.= O_ 'O F- O F- Un— La F- N 45 STATE OF COLORADO } } } COUNTY OF WELD } ss. Affidavit Re: Lohmann (aka the "Borgmann") Farm Irrigation Water Usage from 1939 through 1997 I, Harold Nelson, being of sound mind and lawful age, do hereby state, under oath, the following: 1. I am familiar with the ditch water used for flood/furrow irrigation of crops grown on the Lohmann Farm prior to the point in time that it was purchased by Theodore M. Lohman and Linda C. Lohman on or about August 18, 1997. The ditch water used to irrigate the Lohmann (aka the "Borgmann") Fann, legally described as the E'•iNW'„ of Section 6, Township 2N, Range 67W of the 6th P.M., Weld County, Colorado, included1.41 shares of Rural Ditch Company water and 1.0 shares of Cole Ridge water. 2. The Rural Ditch water was delivered to the parcel via a lateral ditch depicted on the attached Figure 1 (Delivery System Map). This lateral was connected to the main Rural Ditch at an established headgate located in the NW', of Section I, Township 2N, Range 68W. From this headgate, the lateral ran generally east to a point where it was conveyed over the Last Chance Ditch via a pipe, and ultimately delivered water to the Lohmann Farm. 3. I have actual knowledge of crops grown on the Lohmann Farm because I lived on, grew up on, and/or have operated an adjoining faun during the period from 1939 through the current point in time of this affidavit. The Borgmann family owned several large farms of which the Lohmann Farm formed a part, commencing in approximately 1916. As a child, I regularly played with the Borg man children who were my age; as a young man, I farmed my family's farm with my father and brother and was a close neighbor of the Borgmann family and the subsequent owners. Currently, I am the Secretary/Treasurer of the Last Chance Ditch Company (a position which I have held for the past .,;k Oa- years) which ditch runs through the Lohmann/Borgmn aFarm. As an active and successful farmer of irrigated land, next-door neighbor to the Lohman Farm, and long-time officer of one of the oldest irrigation ditch companies in the area, I have made it a point to be familiar with the fanning and irrigation practices in the area. The eastern portion of the Borgmann Farm included the parcel later owned by the Lohman family and which is referenced herein as the Lohmann Farm (see Chain of Title attached hereto). 4. During the Borgmann's ownership, with which I am familiar, from 1939 through 1972, the typical mix of crops on the irrigated land was '/x corn, 'A alfalfa, and `/ barley on about 75 acres of irrigated land below (north of) the Last Chance Ditch. Said acreage is depicted on Figure 2 attached hereto. The Borgmann family raised livestock on the irrigated portions of the pasture periodically as well. 5. In 1973, the Borgmann family sold the farm to Adolph Coors Company. During Coors' ownership from 1973 through 1992, the typical mix of crops on the irrigated land was %2 corn and alfalfa. 48 6. The Adolph Coors Company sold the farm to Golden Properties Ltd. During Golden Properties' ownership in 1993; as far as I remember the mix of crops on the irrigated land during this period of ownership remained the same as when it was owned by the Adolph Coors Company, %z corn and 1/2 alfalfa. 7. In 1993, the Borgmann Parcel was subdivided, and the E'/NW'/+ of Section 6 of the Borgmann Parcel was sold to Richard and Linda Biella. It is this portion of the Borgmann Farm which is now referred to as the Lohman Farm. The crop land irrigated by the Rural Ditch on the Lohmann Parcel totaled approximately 34 acres, as depicted on the attached Figure 3 (Lohman Parcel Irrigated Area map). I do not know if the questionable area identified on the map was also irrigated, but it very well could have been a pasture area which was irrigated periodically for livestock pasture when irrigation water was available. 8. During Biella's ownership from 1994 through 1997, the typical mix of crops on the irrigated land remained 1/2 corn and 'A alfalfa. Delbert Brunkhardt was the tenant on the farm while the Biellas owned this portion of the property. This property was sold to the Lohman family in August of 1997. 9. Coalridge Ditch (also known as the Coal Ditch or the Cole Ditch) water may have been used along with Rural Ditch water to irrigate these lands. To my knowledge, no other water rights or wells were used. 10. The attached Chain of Title Summary, dated October 23, 2014, is a true and accurate copy of the ownership records on the Lohman Farm. 11. The maps attached hereto, provided by Applegate Group, Inc., are true and accurate copies of the maps of the Lohmann Farm. The above statements are true and accurate to the best of my recollection, information and belief. 7' Ir Harold Nelson Date 11955 WCR 15 Longmont, CO 80504 Phone: (303) 776-2336 The foregoing Affidavit was acknowledged before me by Harold Nelson, this /S A day of IJe' Curl be ,2014. Witness my hand and official seal. My Commission Expires: CARA MENKIN01 19974012538 STATE OF COLORADO NOTARY PUBUC MY COMMISSION EXPIRES AUGUST 17, 2017 49 L. G. Everist, Inc. Carbon Valley (aka, Lohmann) Property Chain of Title October 23, 2014 Date Recording Info Document Seller Buyer 7/03/2013 3945519 SWD Linda C. Lohmann Living Trust and Theodore M. Lohmann Living Trust L. G. Everist, Inc. 2/23/2004 3161273 SWD Theodore M. Lohmann & Linda C. Lohmann Linda C. Lohmann Living Trust and Theodore M. Lohmann Living Trust 8/18/1997 #2565877 B1623 P225 WD Richard A. Biella & Linda A. Kolby fka Biella Theodore M. Lohmann & Linda C. Lohmann 11/16/1993 #02360393 81412 F1732 WD Golden Equities, Inc., General Partner for Golden Properties, Ltd. Richard A. Biella & Linda A. Biella 12/22/1992 #02315559 B1363 F1645 Correction Deed Adolph Coors Company Golden Properties, LTD. 10/5/1992 #02306203 B1353 F2074 Deed I Adolph Coors Company Golden Properties, LTD. 3/12/1973 #1609152 B687 WD' August Borgmann, Walter Borgmann, Carl Borgmann & Marie Borgmann Binkley Adolph Coors Company 8/27/69 #1542516 0261 WD 2 August Borgmann, Walter Borgmann, Carl Borgmann & Marie Borgmann, Trustees of Mary Borgmann Trust dated 4/28/60 August Borgmann, Walter Borgmann, Carl Borgmann & Marie Borgmann Binkley 6/14/1960 #1334439 B1562 P481 WD2 Mary Borgmann August Borgmann, et al., Trustees of Mary Borgmann Trust ? ? ? Missing August H. Borgmann or Estate Mary Borgmann 12/26/1922 #398897 398898 6690 P303 WD August F. Borgmann August H. Borgmann 12/26/1916 8463 P169 WD August H. Borgmann August F. Borgmann 9/11/1891 B51 -P150 US Patent U.S. Government Pridget Smith Consists of a larger legal description than later deeds. 2 Larger legal. 50 .9 3'a 6t' Z Applegate Group, inc. Water Restux Advisors to the West IOU West 121st A...5t. 100 P6.nr. DM 952.6611 Dn.st.lm wl19.2ne Pc (301)451.1750 www.Ap►pwGpupxon .Asa: IJelP•1Pt.ingn.0.mn BORGMANN PARCEL Rural Ditch Irrigated Area 1967 Aerial Photo 250 500 Feet Questionable Area Legend Last Chance Ditch OIrrigated Area OBorgmann Parcel Lohman Parcel Date: 12 Nov 2014 Job it: 14-142 Drawn By: JMD Figure: Of: 3 52 E is �2 V Applegate Group , Inc. Water Resutce Advisees for the Wet 1490 West Il1.tM..51a100 Ih..t (303)452 6611 en.w.° 802342220 in: (303)452 2251 vonAtoltgaeGroupten .wmak Iale10048m./0eppm LOHMANN PARCEL Rural Ditch Irrigated Area 1999 Aerial Photo 250 Foe IFnt toms Questionable Area Last Chance Ditch 0 Irrigated Area 1 Lohmann Parcel Date: 12 Nov 2014 Job #: 14-142 Drawn By: JMD Figure: of 3 ADMINISTRATION PROTOCOL Augmentation Plan Accounting Division One - South Platte River This protocol establishes the accounting and reporting process required to enable the division engineer's office to confirm that depletions from all out -of -priority diversions are being replaced so as to prevent injury to vested water rights. The accounting must comport with established "cradle to grave" accounting standards, which allow an audit of the information to track exactly how the data is manipulated as it is translated from raw input data to the resultant impact on the river. While this protocol is subordinate to any decreed language addressing specific accounting requirements, it generally addresses the minimum requirements of such accounting. The accounting must use the standard convention where a depletion is "negative" and an accretion or other replacement source is "positive". The sum of the impacts will then result in either a "negative" or "positive" impact on the stream. Wells in plans that have a negative stream impact must provide additional replacement water, curtail pumping or both until the impact is no longer negative. Plans with a negative stream impact that fail to curtail pumping will be ordered to stop pumping until such time as the projected impact of the wells is no longer negative. 1. Accounting must be submitted electronically to the water commissioner (call 970- 352-8712 to obtain email address) and division engineer at DivlAccounting@state.co.us within 30 days of the end of the month for which the accounting is being submitted. 2. The accounting must provide the contact information including name and address for: a. the owner(s) of each well b. the person responsible for submitting the accounting c. the plan administrator and/or the plan attorney. 3. All input data must be in one location, such as an "Input" worksheet, etc. The accounting must show all pumping. Input data includes the information listed below. a. The required input data for each well is: i. the monthly meter reading for wells that use a presumptive depletion factor (PDF) to determine the associated consumptive use (CU); or ii. the monthly CU in acre-feet (AF) for wells that have a decree or approved SWSP that allows the wells to use a water balance methodology to determine the CU of the well. The analysis used to determine the CU must be included with the accounting. iii. Wells that are decreed as an alternate point of diversion (APOD) to a surface water right must report pumping on a daily basis if any of the diversion during the month is claimed as being "in priority". (See Administration Protocol — APOD Wells for more details.) Administration Protocol - Augmentation Plan Accounting Revised March 19, 2009 54 iv. The well meter serial readings for each meter shall be included if there is more than one meter on a well. b. Each recharge site must comply with the Administration Protocol - Recharge and must report the: i. daily volume in AF diverted into the site; ii. monthly volume in AF released from the site; iii. monthly net evaporative loss in AF; iv. volume of water in AF remaining at the end of the month. c. The accounting must identify each source of fully consumable replacement water actually delivered to the location impacted by the depletions. To demonstrate the water was actually delivered to the required location will require the following information: i. the originating source of the water, date released and volume of water released; ii. transportation losses to point of diversion or use, if any, using stream loss factors approved by the water commissioner; iii. the volume of water actually delivered on a daily basis past any surface water diversion that was sweeping the river as corroborated by the water commissioner. (See Administration Protocol — Delivery of Water for more details on delivering water.) d. For each source of replacement water that has been "changed" for use as a source of augmentation, such as changed reservoir shares, ditch bypass credits or credits from dry -up, etc., the following input information must be reported: i. the basis and volume of the return flow obligation; ii. the location the changed water was historically used; this will be the location used to determine the timing of the return flow impact on the river. 4. The accounting must include a monthly projection of the plan's operation at least through March 31 of the next calendar year. 5. The accounting must include all input and output files associated with modeling the delayed impact of diversions. The output from the modeling must report to a summary table that shows, by month, the ongoing depletions associated with pumping, return flow obligations, etc. and accretions from recharge operations. 6. A net impact summary must show the out -of -priority depletions, accretions from each recharge site, volume of replacement water actually delivered to the location of the depletions and the resultant net impact on a daily basis. If necessary, the net impact must be done by river reach. While modeling may use a monthly step function to determine the depletions from pumping and accretions from recharge, the monthly result must then be divided by the number of days in the month in order to simulate a daily impact, as water rights are administered on a daily and not monthly basis. Administration Protocol - Augmentation Plan Accounting Revised March 19, 2009 55 Replacement water must be provided such that the daily net impact (using the simulated daily numbers from the modeling) is not negative. If a well is out -of - priority for 15 days during a month, replacement must be made only for the 15 days the well is out -of -priority. The replacement must be made, however, on a daily basis as opposed to, for instance, making an aggregated release equal to the volume of the out -of -priority depletions. Likewise, the simulated daily accretion will only count toward replacing the depletion on the days the well is out -of -priority. The accretions that report to the river when the well is in priority cannot be used to replace the out -of -priority depletions. The accretions that impact the river when the well is in priority are not considered "excess" unless the cumulative net impact of the well is not negative for the entire irrigation year to date. (The irrigation year for this purpose is April 1 thru the following March 31.) Until such time as the cumulative net impact is not negative, the accretions must simply be released to the river and cannot be leased to other plans or recaptured. Plans that show a positive cumulative net impact are still required to make replacements on a daily basis; the cumulative analysis only effects whether or not accretions reporting to the river when the well is in priority are considered "excess" and are, therefore, able to be recaptured. 7. The basis for determining that the depletions are out -of -priority must be clearly established and all steps in the calculation included in the accounting. The analysis may be done, unless otherwise limited by decree, for each well or groups of wells, provided the most junior water right associated with the group of wells is used as the reference water right for the group's out -of -priority status. 8. Accounting must include actual information for the irrigation year through the month for which the accounting is being submitted AND projections of the plan operation through March 31 of the next calendar year. 9. The following naming convention must be used for all files submitted pursuant to item 1: "PIanWDID_YYMMDD" where: PIanWDID is the WDID assigned by the division engineer's office YYMMDD corresponds to the date the accounting is submitted. As an example, the assigned WDID for the former GASP plan was 0103333. If accounting using Excel® was submitted for that plan on May 15, 2004, the file name would be: "0103333_040515.xls" The name of the file must be in the subject line of the email. 10. All accounting must be reported using the WDID for the structure, at a minimum. Other information such as well name, permit number, etc. may also be included as desired. All wells must be decreed by the water court, permitted by the state enoineer or included in a decreed plan for augmentation. Unregistered and undecreed wells cannot, in the opinion of the division engineer, be effectively administered because of the need to know the location, allowable diversion rate and use of the well - information that is only available from the decree or permitting process. Administration Protocol - Augmentation Plan Accounting Revised March 19, 2009 56 11. If a well is covered in multiple SWSP's or augmentation plans, the monthly meter readings must be the same in the accounting for each plan covering the subject well. The accounting for every plan covering the well shall state the proportionate pumping amount covered by each plan to assure all out -of -priority depletions are replaced. 12. The following additional accounting is required for sources of replacement water used for more than one plan. The water right owner of the replacement water is responsible for accounting for the total replacement amount and how much each plan is using of that total amount. The accounting for portions of the replacement water by other users must match the accounting of the water right owner. The amount of replacement water used by the water right owner and other users together shall not exceed the total replacement amount available. (See Administration Protocol — Use Of Unnamed Sources For Replacement for additional requirements concerning required notice and approval of sources of replacement not specifically described in a SWSP or augmentation plan) Administration Protocol - Augmentation Plan Accounting Revised March 19, 2009 57 Exhibit H - WILDLIFE INFORMATION This information is unchanged. The new mine and old mine are adjacent and had similar uses prior to mining. Exhibit I/J - SOILS & VEGETATION The following information is presented to supplement the information from the original submittal. The original soils information covers all of the soil types in the new area. MAP EXHIBITC-2- NATURALFEATURES(2001) (PERMITFILE 111102) shows the soils types on the amendment area and the information in this section is still valid for the amendment area. We attached an updated soils map to show the new area. 58 L l z O O LL z 0- Q MAP LEGEND The soil surveys that comprise your AOI were mapped at 1:24,000. Jr co U) -D a) O CD E Ca 2 7-5 Q) O) cr)O U) co CO 4- O U U O 03 C @ oCz 4- = a co Q) CD E co (e a) c E E - a co o- _c (D s 4-° Oj,- cc O O C) ,Q -O /a/te�) a a) co O > E D) E _ 4-O D ' D C co ,_ a) 4 O • c C o)D E -C co D U) C E a ° Q) Very Stony Spot a Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points a Line Features 0 Point Features Water Features O c6 (J) O U u) a) _c a) a) 0 U) U) (J) Q C = d. CO O U) O i U Q) co t_ a) a) C OE a) O ONa� a) cr t _O o 2 U) D L CZ C CO cr • . a) z D E -~ L u; •• a) w >, C () a) Q) O = (E O C a) = CO CC3 C n O a_E u) U Streams and Canals Transportation NC } nterstate Highways Closed Depression US Routes L O 2 t 4J O C) co a) (!) V ) a] O L 4— co 2 D CQ �0 LL L CCO Gravelly Spot Local Roads 4- D CO J C O O CD _C o V Ca (D U � O w E a) c� O C) U) -O a _C cD - o C U O a) N Q O C < O CD co Q) a) (� C6 C (13 0- a) U C L (� N U) -O Q Background 0 co (d J 0) L o - C) a) cD a) co a) O CD 4- O O .4--+ C6 U Co Aerial Photography Marsh or swamp 4-05 CD CO st CD a) U U z D 0 L 4- -oC CD C C) 0 L a H Mine or Quarry isted below. U) Q) O • L C) aneous Water 2 Perennial Water c) co O co EL) Q C) (n Rock Outcrop Q) co a co a] C) cD co E a) C) C6 (n o Severely Eroded Spot Mar 16, 2012 —Apr 13, a) ines were .13 C) 4J O 4- L C6 O L a a) N C6 S a O C) C L O E E O C) U) Q uj > a t co a E •O O a) CD a a] C) E Custom Soil Resource Report Map Unit Legend Weld County, Colorado, Southern Part (CO618) Map Unit Symbol 3 27 Totals for Area of Interest Map Unit Name Aquolls and Aquents, gravelly substratum Heldt silty clay, 1 to 3 percent slopes Acres in AOI 39.9 73.8 Map Unit Descriptions 113.7 Percent of AOI The map units delineated on the detailed soil maps in a soil survey represent the soils or miscellaneous areas in the survey area. The map unit descriptions, along with the maps, can be used to determine the composition and properties of a unit. A map unit delineation on a soil map represents an area dominated by one or more major kinds of soil or miscellaneous areas. A map unit is identified and named according to the taxonomic classification of the dominant soils. Within a taxonomic class there are precisely defined limits for the properties of the soils. On the landscape, however, the soils are natural phenomena, and they have the characteristic variability of all natural phenomena. Thus, the range of some observed properties may extend beyond the limits defined for a taxonomic class. Areas of soils of a single taxonomic class rarely, if ever, can be mapped without including areas of other taxonomic classes. Consequently, every map unit is made up of the soils or miscellaneous areas for which it is named and some minor components that belong to taxonomic classes other than those of the major soils. Most minor soils have properties similar to those of the dominant soil or soils in the map unit, and thus they do not affect use and management. These are called noncontrasting, or similar, components. They may or may not be mentioned in a particular map unit description. Other minor components, however, have properties and behavioral characteristics divergent enough to affect use or to require different management. These are called contrasting, or dissimilar, components. They generally are in small areas and could not be mapped separately because of the scale used. Some small areas of strongly contrasting soils or miscellaneous areas are identified by a special symbol on the maps. If included in the database for a given area, the contrasting minor components are identified in the map unit descriptions along with some characteristics of each. A few areas of minor components may not have been observed, and consequently they are not mentioned in the descriptions, especially where the pattern was so complex that it was impractical to make enough observations to identify all the soils and miscellaneous areas on the landscape. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The objective of mapping is not to delineate pure taxonomic classes but rather to separate the landscape into landforms or Iandform segments that have similar use and management requirements. The delineation of such segments on the map provides sufficient information for the development of resource plans. If 35.1% 64.9% 100.0% Custom Soil Resource Report intensive use of small areas is planned, however, onsite investigation is needed to define and locate the soils and miscellaneous areas. An identifying symbol precedes the map unit name in the map unit descriptions. Each description includes general facts about the unit and gives important soil properties and qualities. Soils that have profiles that are almost alike make up a soil series. Except for differences in texture of the surface layer, all the soils of a series have major horizons that are similar in composition, thickness, and arrangement. Soils of one series can differ in texture of the surface layer, slope, stoniness, salinity, degree of erosion, and other characteristics that affect their use. On the basis of such differences, a soil series is divided into soil phases. Most of the areas shown on the detailed soil maps are phases of soil series. The name of a soil phase commonly indicates a feature that affects use or management. For example, Alpha silt loam, 0 to 2 percent slopes, is a phase of the Alpha series. Some map units are made up of two or more major soils or miscellaneous areas. These map units are complexes, associations, or undifferentiated groups. A complex consists of two or more soils or miscellaneous areas in such an intricate pattern or in such small areas that they cannot be shown separately on the maps. The pattern and proportion of the soils or miscellaneous areas are somewhat similar in all areas. Alpha -Beta complex, 0 to 6 percent slopes, is an example. An association is made up of two or more geographically associated soils or miscellaneous areas that are shown as one unit on the maps. Because of present or anticipated uses of the map units in the survey area, it was not considered practical or necessary to map the soils or miscellaneous areas separately. The pattern and relative proportion of the soils or miscellaneous areas are somewhat similar. Alpha - Beta association, 0 to 2 percent slopes, is an example. An undifferentiated group is made up of two or more soils or miscellaneous areas that could be mapped individually but are mapped as one unit because similar interpretations can be made for use and management. The pattern and proportion of the soils or miscellaneous areas in a mapped area are not uniform. An area can be made up of only one of the major soils or miscellaneous areas, or it can be made up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example. Some surveys include miscellaneous areas. Such areas have little or no soil material and support little or no vegetation. Rock outcrop is an example. 692 Custom Soil Resource Report Weld County, Colorado, Southern Part 3 Aquolls and Aquents, gravelly substratum Map Unit Setting National map unit symbol: 3627 Elevation: 4,000 to 7,200 feet Mean annual precipitation: 12 to 18 inches Mean annual air temperature: 45 to 55 degrees F Frost -free period: 80 to 155 days Farmland classification: Prime farmland if drained and either protected from flooding or not frequently flooded during the growing season Map Unit Composition Aquolls and similar soils: 55 percent Aquents, gravelly substratum, and similar soils: 30 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Aquolls Setting Landform: Flood plains, swales, streams Down -slope shape: Linear Across -slope shape: Linear Parent material: Recent alluvium Typical profile H1 - 0 to 48 inches: loam H2 - 48 to 60 inches: gravelly sand Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Poorly drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.20 to 2.00 in/hr) Depth to water table: About 6 to 48 inches Frequency of flooding: Frequent Frequency of ponding: None Salinity, maximum in profile: Nonsaline to slightly saline (0.0 to 4.0 mmhos/cm) Available water storage in profile: Moderate (about 8.0 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 6w Hydrologic Soil Group: D Ecological site: Salt Meadow (R067BY035CO) Description of Aquents, Gravelly Substratum Setting Landform: Stream terraces Down -slope shape: Linear Across -slope shape: Linear 8.9 Custom Soil Resource Report Parent material: Recent alluvium Typical profile Hi - 0 to 48 inches: variable H2 - 48 to 60 inches: very gravelly sand Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Poorly drained Runoff class: Very high Moderately high to very Capacity of the most limiting layer to transmit water (Ksat) g high (0.57 to 19.98 in/hr) Depth to water table: About 6 to 24 inches Frequency of flooding: Frequent Frequency of ponding: None Calcium carbonate, maximum in profile: 10 percent Salinity, maximum profile: in Nonsaline to moderately saline (0.0 to 8.0 mmhos/cm) Available water storage in profile: Moderate (about 6.6 inches) Interpretive groups Land capability classification (irrigated): 6w Land capability classification (nonirrigated). 6w Hydrologic Soil Group: D Ecological site: Salt Meadow (R067BY035CO) Minor Components Bankard Percent of map unit: 10 percent Ustic torrifluvents Percent of map unit: 5 percent 27 Heldt silty clay, 1 to 3 percent slopes Map Unit Setting National map unit symbol: 3624 Elevation: 4,950 to 5,050 feet Mean annual precipitation: 11 to 17 inches Mean annual air temperature: 46 to 59 degrees F Frost -free period: 110 to 150 days Farmland of I(soil erodibility) classification: Prime farmland if irrigated and the product Y x C (climate factor) does not exceed 60 Map Unit Composition Heldt and similar soils: 85 percent Minor components: 15 percent f the unit. Estimates are based on observations, descriptions, and transects o mapunit. Custom Soil Resource Report Description of Heldt Setting Landform: Plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Sediment alluvium derived from shale Typical profile Hi - 0 to 7 inches: silty clay H2 - 7 to 60 inches: silty clay Properties and qualities Slope: 1 to 3 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately low to moderately high (0.06 to 0.20 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 10 percent Gypsum, maximum in profile: 1 percent Salinity, maximum in profile: Nonsaline to slightly saline (0.0 to 4.0 mmhos/cm) Sodium adsorption ratio, maximum in profile: 10.0 Available water storage in profile: High (about 9.6 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 4c Hydrologic Soil Group: C Ecological site: Clayey Plains (R067BY042CO) Minor Components Nunn Percent of map unit: 10 percent Haverson Percent of map unit: 5 percent EXHIBIT K - CLIMATE This information is unchanged. 66 EXHIBIT L - RECLAMATION COSTS This reclamation cost estimate in based on the assumption that no more then 90 acres will need some form of reclamation at any one time. Of this 90 acres, 49 acres would be covered by water and 17.2 would be roads, 4.0 acres would be stripped areas and the remaining 14.0 acres would be partially reclaimed area. This is based on a worse case scenario i.e., at a time when the greatest area will need some form of reclamation as shown on Mbp Exhi bit C-1 M ni ng PI an Map. In this estimate we would have to complete backfilling on 3820 linear feet at 57.0 cyd/lft (Area B) and 3670 linear feet at 41.7 cyd/lft of banks (Area C); cut/filling the slope on 1080 linear feet at 21.5 cyd/lft of working face, respread 28,900 cubic yards of topsoil on stripped areas and seed beds, grade and shape 24.0 acres of seed bed area and revegetate 24.0 ac. ±. The topsoil average depth on the resoiling area is 8 inches. The revegetation cost figure in- cludes fertilizer, grass seed, mulch and drilling costs. A 627C Cat motor scraper will be used to resoil the area and a 140G Cat motor grader will be used to shape the seed bed and the resoiled areas. We have included the cost to reduce the working face highwall using a D8U Cat dozer from near vertical to 3:1 if mining ends prematurely. A D8U Cat dozer will be used to push the backfill onto the perimeter slope areas. The table below outlines the various areas of disturbance at that time. The dewatering calculations are shown in Table L1. We rounded the pumping time to the next day and used 72,300 gal/day as a transmissivity number to figure inflow from the aquifer. These figures are then used in the calculations for the bond amount. ACTIVITY NEEDS RESOILING NEEDS SEEDING GRADING SEEDBED RESOIL @ 8" CUT/FILL DEWATER LAKE AREA BACKFILL SLOPING GRADE AREA A Secondary revegetation TOTAL SOIL DEPTH 24.0 AC 8" 24.0 AC 24.0 AC 26,000 CY 22,250 CY 48.80 AC (see Table L1) 368,950 CY 10.3 AC 25° 67 EXHIBIT L TABLE L1 DEWATERING DATA Description Amount Units Area 100% of lake depth 37.9 acres maximum depth 25 feet length of 1/2:1 slopes 7,490 Lft length of 3:1 slopes 3,000 ac Unit volume of water on '/2:1 slopes 156.25 cft/Lft Unit volume of water on 3:1 slopes 937.5 cft/Lft Gallon conversion factor 7.48 gal/cft Transmissivity # 72,300 gal/day Pump rate minimum 6,000 gpm CALCULATED VOLUMES AND TIMES SLOPE WATER VOLUMES V2 :1 slope capacity 8,767,943 gal 3 :1 slope capacity 21,037,500 gal 100% depth 308,627,300 gal Total pumping volume 338,432,743 gal PUMPING TIME Dewater lake 39.17 Days Slope construction time 153.71 Days Recharge factor for inflow during 1.61 Days TOTAL PUMPING TIME* 194.0 Days RECLAMATION COSTS (cont) *NOTE: pumping time rounded to next full day TABLE L2 PUMP COST AND DATA DESCRIPTION VOLUME UNITS PUMP CAPACITY 6,000 GMP LIFT HEIGHT (MAX) 40 FEET DISCHARGE PIPE RUN (MAX) 1400 FEET RENTAL/ OPERATING COSTS PUMP UNIT, (PIPE, FITTINGS, PUMP & SERVICE) $350.00 PER DAY FUEL COST $460 00 PER DAY TOTAL DAILY OPERATION COST $810.00 PER DAY FUEL USE 200 GPD FUEL COST $2 30 PER GAL QUOTED FROM RAIN FOR RENT (303) 857-6246 68 EXHIBIT L RECLAMATION COSTS (cont) ESTIMATED UNIT COSTS FOR RECLAMATION ITEMS: 1. Revegetation includes grass seed mix, mulch and fertilizer and labor to drill 2. Re -spreading soil and/or growth media with 627-E Motor Scraper, Haul distance less than 900 3. Grade and shape 50.0 acres, 140Gmotorgrader . . 4. Cut/fill working face, 11.85 cy/lft D -8U Dozer 5. Backfill side slopes, 47.41 cy/lft D-8UDozer . 6. Dewatering Lake area during reclamation** . . RECLAMATION COSTS Unit Cost $650.00 /AC.** 0.715 /YD3 $59.54 /AC . . 0.651 /YD' . . 0.651 /YD $810.00 /day 1. Revegetation, 24.00 ac @ $650.00@ac 2. Resoiling, 25,813 yd' x 1.12 @ 71.5t/yd' 3. Grading and shaping 24.00 ac. @ $69.54@ac 4. Cut/fill working face, 22,140 yd3 x 1.15 @ 65.1 /yd' 5. Backfilling slopes, 368, 950 yd' @ 65.16/yd' 6. Dewater lake area, 194 days @ $810.00/day 7. Secondary revegetation 24.0 ac x 25% x $650.00/ac 8. Weed Control per year Net Total 9. Indirect costs Mobilization Insurance, Bond, & Profit 10. Administration costs TOTAL ESTIMATE RECOMMEND BOND BE SET AT $552,800.00 Current bond amount $665,800.00 $ 15,600.00 20,671.31 2,042.08 16,573.44 240,162.26 152,290.00 3,900.00 5,000.00 $456,239.10 9,000.00 61,683.53 25,896.13 $552,818.76 Equipment listed in this estimate is used for the calculations and similar types may be used in the actual reclamation activities at the mine. Source of figured using, Cat Handbook #38 and rental costs from Means for 83% efficiency, for eastern Colorado x" Estimate for services from Rain for Rent to provide pump unit, Ft. Lupton, CC (303)857-6246 69 Exhibit M - OTHER PERMIT AND LICENSES 1. An Air Pollution permit 01WE1011F is all ready in place for the mine site. It will be amended as needed with changes in production. 2. A Special Use Permit from the town of Firestone will be necessary prior to operations commencing on the new part of the mine. The existing area is covered by a Weld County Permit # AmUSR 1326. 3. This is a open pit operation where ground water will be ex- posed. An approved substitute water supply plan (SWSP) is in place. A new SWSP will be obtained prior to exposing ground water in the new area. 4. A dredge fill permit (404) is not required at this time because waters of the U.S. will not be impacted. If it is determined a 404 permit is needed to mine parts to the site it will be obtained prior to mining commencing in those areas. 5. CDPS Permit # COG -500417, from the CDPHE-WQCD, is in place to cover mine dewatering and any stormwater discharges. The corresponding Stormwater Management Plan (SWMP) is also in place. Both will need amended/updated to cover the new area. 70 Exhibit N - SOURCE OF LEGAL RIGHT TO ENTER Copy of deed follows this page. 71 4205406 05/23/2016 08:10 AM Total Pages: 5 Rec Fee: $31.00 Doc Fee: $175.00 Carly Koppes - Clerk and Recorder, Weld County, CO GENERAL WARRANTY DEED THIS GENERAL WARRANTY DEED is dated May J.? , 2016, and is made between: JASATER, LLC, a Colorado limited liability company ("Grantor"), whose legal address is 4626 Weld County Road 65, Keenesburg, Colorado, 80643, and L.G. EVERIST, INCORPORATED, an Iowa corporation ("Grantee"), whose legal address is P.O. Box 5829, Sioux Falls, SD 57117-5829, WITNESS, that Grantor, for and in consideration of the sum of't'en and No/100ths 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 forever, all the real property, together with any improvements thereon, located in the County of Weld and State of Colorado (the "Real Property"), described as fol lows: See Exhibit A attached hereto and incorporated herein by this reference 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, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto Grantee and its successors and assigns forever. Grantor, for Grantor and Grantor's heirs and assigns, does covenant, grant, bargain, and agree to and with Grantee and its successors and assigns: that at the time of the ensealing and delivery of these presents, Grantor is well seized of the premises above described; has good, sure, perfect, absolute and indefeasible estate of inheritance, in law and in fee simple; and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid; and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except and subject to all mineral reservations and conveyances of record, if any, and to those matters set forth on Exhibit B attached hereto and incorporated herein by this reference And Grantor shall and will WARRANT AND FOREVER DEFEND the above described premises in the quiet and peaceable possession of Grantee and its successors and assigns, against all and every person or persons claiming the whole or any part thereof. [Remainder of page intentionally left blank; Grantor's signature on following page.] I7rt5lola) 0267S040 I 72 4205406 05/23/2016 08:10 AM Page 2 of 5 IN WITNESS WHEREOF, Grantor has executed this General Warranty Deed to be effective as of the date first set forth above. GRANTOR: JASATER. LLC, a Colorado limited liability company By: Name:\ C,t1,t_A J Title: (V't '&.et_ f STATE OF COLORADO ) SS COUNTY OF -1:2-62-N , ) , I'he lioregoing instrument was acknowledged before this I � may`"day of May, 2016, by cy 1 U (c.{1 , of 7asater, LLC, a Colorado limited liability company. Witness my hand and official seal. My commissions expires: 02628040.1 Notary Public �CARP�A a NEYk 40-6:1;#: NOTARY PUBLIC STATE OF COLORADO »P My Commission Expires 06/25/2016 73 4205406 05/23/2016 08:10 AM Page 3 of 5 EXHIBIT A (Attached to and forming a part of the General Warranty Deed from Jasater, LLC, as grantor to L.G. Everist, Incorporated, as grantee) Description of the Real Property Tract A, Block 1, Minor Plat of Brooks Farm First Subdivision, Town of Firestone, County of Weld, State of Colorado. The above -described property shall specifically include, without limitation, all sand, gravel, aggregate, stone, rock, silt, clay, shale, overburden and topsoil lying in, on and under such property, and shall also include all minerals, mineral rights and mineral interests owned by Grantor associated with and/or appurtenant to such property. 02628040.1 74 4205406 05/23/2016 08:10 AM Page 4 of 5 EXHIBIT B (Attached to and forming a part of the General Warranty Deed from Jasater, LLC, as grantor to L.G. Everist, Incorporated, as grantee) List of Exceptions to Title I . Taxes and assessments for the year 2016, and subsequent years, a lien but not yet due and payable. 2. Reservations and exceptions in Patents, or Acts authorizing the issuance thereof; including reservation of the right of proprietor of a vein lo lode to extract and remove his ore therefrom should the same he found to penetrate or intersect the premises, as reserved in United States Patent recorded September 11, 1891 in Book 51 at Page 150. 3. Oil, gas and mineral lease recorded April 1, 1992 at Reception No. 2282841 and Amendment to Leases and Assignments recorded December 7, 2007 at Reception No. 3523834. 4. Development Plan recorded June 15, 2001 at Reception No. 2857772. 5. Easements, notes, restrictions and rights -of -way, as set forth on the plat of Minor Plat of Brooks Farms First Subdivision recorded October 10, 2002 at Reception No. 2993165. 6. Non -Exclusive Utility Easement Agreement recorded March 19, 2004 at Reception No. 3163415. 7. Right of Way Grant recorded August 10, 2006 at Reception No. 3410928. 8. Non -Exclusive Utility Easement Agreement recorded February 26, 2008 at Reception No. 3537554. 9. Colorado Interstate Corporation Right of Way recorded November 21, 1972 at Reception No. 1602118. 10. Grant of Easement to St. Vrain Sanitation District recorded May 22, 1998 at Reception No. 2614743. 11. Grant of Easement to St. Vrain Sanitation District recorded May 22, 1998 at Reception No. 2614744. 12. Pipeline Right of Way Grant recorded August 28, 1998 at Reception No. 2636421. 13. The following matters disclosed by ALTA/NSPS Land Title Survey, dated March 26, 2016, prepared by King Surveying, under Job No. 20160170.ALTA, to wit: (a) Fence lines incongruent with boundary lines; 0262040. 75 4205406 05/23/2016 08:10 AM Page 5 of 5 (b) Last Chance Ditch and Seepage Ditch a/k/a Borgmann Drainage traversing the Southern portion of the property; (c) Apparent easement for gas line; (d) Dirt Access Road traversing subject property; (e) Rural Northern Lateral and Rural Southern Lateral traversing subject property; (f) Three 150'R Oil/Gas Well Setbacks located on subject property. 14. Water rights, claims or title to water. [End] B-2 0262804a l 76 Exhibit 0 - OWNERS OF RECORD (AMER CF SURFACE AND SUBSURFACE L.G. Everist Inc PO Box 5829 Sioux Falls, SD 57117-5829 (WJERS CF LAND W THI N 200 FEET CF Myrnaloy Gould Trustee 12148 County Road 13 Longmont, CO 80504-9559 Merri Gould Lawley Living Trust 12028 County Road 13 Longmont, CO 80504-9559 Linda C and Theodore M Lohmann Living Trust 6474 County Road 26 Longmont, CO 80504-9566 Otto David Brooks Living Trust 11506 County Road 13 Longmont, CO 80504-9558 Town of Firestone 151 Grant Ave PO Box 100 Firestone, CO 80520-9000 J A R Holdings LLC 14469 Mead Ct Unit D Longmont, CO 80504-9305 PERM T AREA Batson Real Property Holdings LLC 12656 Waterside Ln Longmont, CO 80504 11739 County Rd 13 LLC PO Box 274 Longmont, CO 80502-0274 Hall Family Partnership Firestone LLP C/O Lot Holding Investments LLC, PO Box 309 Milliken, CO 80543-0309 Jacqueline and Pasquale Varra Varra Companies Inc, 8120 Gage St Frederick, CO 80516-9439 Dolores L French 6600 County Road 26 Longmont, CO 80504-9527 Harold and June Nelson Living Trust 11955 County Road 15 Longmont, CO 80504-9581 77 Exhibit 0 OWNERS OF RECORD (cow.) RCNV- EASEMENT HOLDERS W THI Central Weld County Water District 2235 2nd Ave. Greeley, CO 80631 St. Vrain Sanitation District 11307 Business Part Circ. Firestone, CO 80504 Union Rural Electric - United Power 500 Corporate Way Brighton, CO 80603 Century Link Attention ROW 1801 California Denver, CO 80203 Tri-State Generation & Transmission 1100 West 116th Ave Westminster, CO 80234 Comcast Corporation Comcast Center 1701 JFK Blvd Philadelphia, PA 19103 N 200 FEET AT&T Prom 1 Room 2051 1200 Peachtree St. NE Atlanta, GA 30309 DCP Midstream (Duke) 370 17TH Street - Suite 2500 Denver , CO 80202 PDC Energy, Inc. 1775 Sherman St Suite 3000 Denver, CO 80203 Colorado P.O. Box Colorado Interstate Gas 1087 Springs, CO 80944 Kinder Morgan P.O. Box 281304 Lakewood, CO 80228 Last Chance Ditch Company c/o Harold E. Nelson 11955 WCR 15 Longmont, CO 80501 78 Exhibit P - MUNICIPALITIES WITHIN TWO MILES The following towns are within two miles of this site. Town of Firestone 151 Grant Ave. P.O. Box 100 Firestone, CO 80520 (303) 833-3291 Town of Frederick 401 Locust Street P.O. Box 425 Frederick, CO 80530 (303) 833-2388 Town of Mead 441 Third Street P.O. Box 626 Mead, CO 80420 (970) 535-4477 79 EXHIBIT Q- NOTICE TO COUNTY COMMISSIONERS NOTICE OF FILING FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR ( 112) CONSTRUCT! ON MATER ALS EXTRACT! CN CPERATI CNS NOTICE TO THE BOARD OF COUNTY COMMISSIONERS VELD COUNTY L.G. Everist, Incorporated (the "Applicant/Operator") has applied for an amendment to their Carbon Valley Resource regular (112) reclamation permit, Permit # M-2001-017, from the Colorado Mined Land Reclamation Board ("the Board") to conduct an extraction of construction materials operation in Weld County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Colorado Division of Reclamation, Mining & Safety ("the Division") and the local county clerk and recorders office. The applicant proposes to reclaim the land as a developed water storage facility. Pursuant to C.R.S. 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Board of County Commissioners before approving the post -mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments to the application within twenty (20) days of the date of last publication notice pursuant to Section 34-32.5-112(10), C.R.S. If you would like to discuss the proposed post -mining land use, or any other issue regarding this application, please contact Division of Reclamation, Mining & Safety, 1313 Sherman St., Room 215, Denver, CO 80203, (303) 866-3567. L.G. Everist, Incorporated. June 24,2016 Hand Delivered 80 EXHIBIT Q - NOTICE TO SOIL CONSERVATION DISTRICT (cont.) NOTICE OF FILING FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR ( 112) CONSTRUCT! CN MATER ALS EXTRACT! CN CPERATI CNS NOTICE TO THE BOARD OF SUPERVISORS OF THE LOCAL SOIL CONSERVATION DISTRICT Platte Valley DISTRICT L.G. Everist, Incorporated (the "Applicant/Operator") has applied for an amendment to their Carbon Valley Resource, a regular (112) reclamation permit from the Colorado Mined Land Reclamation Board ("the Board") to conduct an extraction of construction materials operation in Weld County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Colorado Division of Reclamation, Mining & Safety ("the Division") and the local county clerk and recorders office. The applicant proposes to reclaim the land to as a developed water storage facility. Pursuant to C.R.S. 34-32.5-116(4)(m), C.R.S., the Board may confer with the Board of the local Soil Conservation District before approving the post -mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments to the application within twenty (20) days of the date of last publication notice pursuant to Section 34-32.5-112(10), C.R.S. If you would like to discuss the proposed post -mining land use, or any other issue regarding this application, please contact Division of Reclamation, Mining & Safety, 1313 Sherman St., Room 215, Denver, CO 80203, (303) 866-3567. L.G. Everist, Incorporated June 24, 2016 Hand Delivered 81 EXHIBIT - PROOF OF FILING WITH COUNTY CLERK AND RECORDER June 24, 2016 Weld County Clerk to the Board Board of County Commissioners Office 1150 C Street Greeley, Colorado 80631 Re: Amendment of a Mined Land Reclamation Permit ear Sir/Madam: We are delivering to you here with an amendment to our approved permit application for the Carbon Valley Resource (permit # M-2001-017) operated by L.G. Everist, Incorporated. Two copies of the amendment application are on file with the Division of Reclamation, Mining & Safety. This copy of the amendment application is delivered to you pursu- ant to 34-32.5-112(9)(a), Colorado Revised Statutes 1995, as amended, which states in part: .... the applicant shall place a copy of such application for public inspection at the office of the Board and Office of the County Clerk and Recorder of the county in which the affected land is located. This book must be kept for public review until the amendment has been approved by the Division. We will contact you once it is and make arrangements to pickup this copy. Please acknowledge receipt of the copy of the permit amendment by signing in the appropriate space provided below and returning one copy of this letter to the person delivering the book. This will be submit- ted to the Division of Reclamation, Mining & Safety to prove the amendment book was delivered to your office. Yours truly, ENVIRONMENT, INC. Stevan L. O'Brian enclosure RECEIVED THIS DAY OF , 2016, one copy of an application amendment packet for above referenced mine. Weld County Clerk to the Board By 82 EXHIBIT S - PERMANENT AND MAN-MADE STRUCTURES We are preparing Structure Agreements for the structures listed in this exhibit and expect to have them in the next 30 to 60 days. Copies of the completed agreements will be provided to Division when they are received. No mining will take place within 200 feet of any structure until an agreement is complete or a Geotechnical Stability analysis is prepared. This list represents the permanent man-made structures within 200 feet of or on the new permit area. Some offsite structures are within 200 feet of the permit area but not within 200 feet of an area to be mined. These structures are noted on the list with an * behind them. W THI N 200 FEET OF PERM T AREA Varra Companies Inc -Wire Fences, Reservoir Liner & Reservoir fill facility Jacqueline and Pasquale Varra - wire & pipe fences, corrals, Barn & House Myrnaloy Gould Trustee - Wire fence along county road Merri Gould Lawley Living Trust - Wire fence along county road Dolores L French - Wire fence along county road Harold and June Nelson Living Trust - Wire fence along Lohmann road Kinder Morgan - 1- Gas Line (West Side) Colorado Interstate Gas - 1- Gas Line (West Side) Otto David Brooks Living Trust - house, barn, shed, corrals, fences Linda C and Theodore M Lohmann Living Trust - dirt road, fence J A R Holdings LLC - Wire fence along county road Batson Real Property Holdings LLC - House, 3 - 3 Wire fences 11739 County Rd 13 LLC - Wire fence along county road Hall Family Partnership Firestone LLP - Wire fence along county road Town of Firestone - Colorado Blvd (WCR 13) & Zinnia St. (WCR 26) PDC Energy, Inc. - 5 - gas wells, 5 flow lines, Storage tank and gas separator # Foil ng have structure agreements in DRN6 file Union Rural Electric - United Power# - power lines around site Tri-State Generation & Transmission# - power line (north of WCR 26) Century Link# - Telephone lines around site Comcast Corporation# - underground cable line AT&T# - fiber optic line DCP Midstream (Duke)# - gas line east side Last Chance Ditch Company# - last chance ditch Central Weld County Water District# - water lines, north and west sides St. Vrain Sanitation District# - sewer lines, north, south and west sides 83 PUBLIC NOTICE PUBLI SHED NOTI CE CF APPLI CATI ON ANENDNENT Fl LI NG FOR A REGULAR ( 112) CONSTRUCT! ON NWTERI ALS RECLANWTI ON PERM T L.G. Everist, Inc. has filed an application amendment on their Reclamation Permit with the Colorado Mined Land Reclamation Board under the provisions of the Colorado Mined Land Reclamation Act for the extraction of construction materials. The proposed mine is known as the Carbon Valley Resource and is located in parts of the NW'4, Section 6, T -2-N, R -67-W, 6th Principal Meridian, Firestone, Weld County, Colorado. The mining started in 2001 and the proposed date of completion is December 2036. The proposed future use of the land is a developed water storage facility. Additional information and the tentative decision date may be obtained from the Division of Reclamation, Mining & Safety, 1313 Sher- man St., Suite 215, Denver, CO 80203 (303) 866-3567, or at the Weld County Clerk to the Board, Board of County Commissioners office 1150 "O" Street, Greeley, Colorado 80631, or the above named applicant. Comments must be in writing and must be received by the Division of Reclamation, Mining & Safety by 4:00 p.m. on Please note that comments related to noise, truck traffic, hours of operation, visual impacts, effects on property values and other social or economic concerns are issues not subject to this Office's jurisdiction. These subjects and similar ones, are typically addressed by your local governments, rather that the Division of Reclamation, Mining & Safety or the Mined Land Reclamation Board. L.G. Everist, Inc. Henderson, Colorado First Publication: Second Publication: Third Publication: Last Publication: Published in: 84 NOTICE This site is the location of a proposed construction materials operation known as the Carbon Valley Resource. L.G. Everist, Incorporated, whose address and phone number is 7321 E. 88th Ave, Suite 200, Henderson, CO 80640, (303) 287-9606, has applied for an amendment to a Regular Reclamation Permit with the Colorado Mined Land Reclamation Board. Anyone wishing to comment on the application may view the application at the Weld County Clerk to the Board, Board of County Commissioners office, 1050 "O" Street, Greeley, CO. 80631, and should send comments prior to the end of the public comment period to the Division of Reclamation, Mining & Safety, 1313 Sherman St, Room 215, Denver, CO 80203. `Certification I, irr-VAv Co &'Q/d�Ar. , hereby certify that I posted a sign containing the above notice for the proposed permit area known as the Carbon Valley Resource, on JJne 2 y , 2016. —JvNc- 20/.4 Signature Date 85 w 1) w .0 S O N W 0 Z Q z O ¢ Z 'COa = F O CH G 115 L a WW as a ¢ OF FH U) L J d V) W LO FV )- V cc, NrD W r 0 0 U Z H F w 2 w -1Oa 5a* V) a a W V OFa > N W • .+ urt LU aa� a a TQQ VFW FF= N W O a W a aCC kl LU F -i- xw Cl 0 H 01W aNO VI z W a(1) as wwCH ~ U W UJ a .ti a In d 0 C) 4- N 3 N N V d O L 0 U N S L C L °n o O m o O t O L N C • L } O C N 0 V C N • t- o U o_c> E U L E N N O C- U N N 0 L L 3 K J ¢ H H H d2fQ otu C-3 J J F H Y * Q i pap O CD LU m'z J a H H a � 3 ¢ Z a �2 H ce C2 H Q a F a ZZa H H a Z Q w cFO a, W ¢ O D F1 F Fy H Z H Q D ¢ 3 Q D H OD n0- -1 LU u_ > ¢U O ce N O CD V) W CO 0 O F F J W Z H LO _I 1— H ¢ W H U W U_ U Q 0< V) F d CD Ha V .6 Z -4 H Q 0V) uj Z J J Q Q J H V wa 3Q O L Z U .6O -) >- D LO C H Q0 LU > V� WO O ¢ a W a = Z J Q F Q W > UJ m wt C aa' >, H a l9 iv oz aL a=ui a L a p W az 3 W d ¢g m a ¢ V V v) w Q J m Lu FFyW C °=Yo w L ¢ O CD2FL U 2FLute, d w2XOoa p 0 H H Q H O 1*w H Q W F 3 �pW�p0 L Lv)DOJ W W ¢ W w > Lx Ot O 'E2Oo¢ wH a Z N Q LULU* 'C O Q Mina F L Q -3 a w ocoo a-)Lmvi ZWF-LWWW > Z O H LF a O Z W Z O F a HD W H 0 w H F Q F Q 0 VOWQZWJi J a W H¢ U) O > D > ZOO aa W W d r L m m H J J N F to�3OH0- J 10 kJ 10 0 J 0 C 0 0 N L 01 L v L I.!:-00 C = L LE C c o 0 r u b a0 L t cn to On J i C L .L C L C c -o U N 3 o N? 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