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Home My WebLink About20150021.tiff February 17, 2015 Peter Hays Division of Reclamation, Mining, and Safety 1313 Sherman Street, Room 215 Denver, CO 80203 RE: Loloff Construction, Inc. Loloff Pit, File M-1985-112,Supplemental Application Materials (AM-01) Mr. Hays: Please find attached supplemental information for clarification of the amendment to the Loloff Construction, Inc., Loloff Pit, Reclamation Permit amendment. You find a revised copy of the application form with the proper owners and signatures. Per our discussion, I have modified the Exhibits listed in your letter dated January 22, 2015 and are attached for your review. For additional clarification,the owner of the property is Loloff Construction, Inc. and Loloff Construction, Inc. is the applicant for the permit amendment. Previous documents showed Global Asset Recovery, LLC as the owner; however,this was a misprint on my part and I apologize for the confusion. I have modified all documents to show the correct ownership of the property. I look forward to your review and/or comments and please do not hesitate to contact me should you have additional concerns or questions. Best Regards, RECEIVED �j' / MAR 0 2 2445 ° ` / WELD COUNTY John S.vazquez, P.t C' COMMISSIONERS PLlbLit Rthiou) Cb PL,PL.J 3/9 a015-OOa 1 3 - mil- ao1- STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St.,Room 215 Denver,Colorado 80203 COLORADO DIVISION OF Phone:(303)866-3567 RECLAMATION FAX:(303)832-8106 MINING —&— SAFETY CONSTRUCTION MATERIALS REGULAR(112)OPERATION f,1 RECLAMATION PERMIT APPLICATION FORM CHECK ON$:lv 7 There is a File Number Already Assigned to this Operation Permit# M - -__ (Please reference the file number currently assigned to this operation) If New Application(Rule 1.4.5) O Amendment Application(Rule 1.10) E Conversion Application(Rule 1.11) Permit# M 1985 112 (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts: (1)the application form;(2)Exhibits A-S,Addendum 1,any sections of Exhibit 6.5(Geotechnical Stability Exhibit:and(3)the application fee. When you submit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (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. 1. Applicant/operator or company name(name to be used on permit): Loloff Construction, Inc. 1.1 Type of organization(corporation,partnership.etc.): Corporation 2. Operation name(pit,mine or site name): Loloff Pit 3. Permitted acreage(new or existing site): 55.17 existing permitted acres 3.1 Change in acreage(+) 0 acres 3.2 Total acreage in Permit area 55.17 total acres 4. Fees: 4.1 New Application $2,696.00 application fee 4.2 New Quarry Application $3.342.00 quarry application 4.4 Amendment Fee $2,229.00 amendment fee 4.5 Conversion to 112 operation(set by statute) $2,696.00 conversion fee Sand Gravel Soil 5. Primary commoditie(s)to be mined: 5.1 Incidental commoditie(s)to be mined: 1. - Ibs/Tons/vr 2. / Ibs/Tons/vr 3. / IbsiTonswr 4. Ibs/Tons/vr 5. / lbs/Tons/yr 5.2 Anticipated end use of primary commoditie(s)to be mined: Construction Materials N/A 5.3 Anticipated end use of incidental commoditie(s)to be mined: 6. Name of owner of subsurface rights of affected land: See Exhibit O If 2 or more owners,"refer to Exhibit O". 7. Name of owner of surface of affected land: Loloff Construction, Inc. 8. Type of mining operation: El Surface O Underground 9. J,ocation Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN(check one): 6th(Colorado) l n I 10th(New Mexico) I n I Ute SECTION(write number): S 4 nn TOWNSHIP(write number and check direction): T 5 in North 1 .South RANGE(write number and check direction): R 65 a East J I West QUARTER SECTION(check one): II�` L�J Sw QUARTER/QUARTER SECTION(check one): NE uNW ' . 'SE SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): Within one mile of Greeley with an approximate elevation of 4635' above sea level 10. Primary Mine Entrance Locatiou(report in either Latitude'Longitude Q$UTM): Latitude/Loneitude: Example: (N) 39° 44' 12.98" (W) 104° 59' 3.87" Latitude(N): deg min sec_. (2 decimal places) Longitude(W): deg min sec . (2 decimal places) OR Example: (N) 39.73691° (W) -104.98449° Latitude(N) (5 decimal places) Longitude(W) (5 decimal places) OR Universal Tranverse Mercator(UTM) Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Datum(specify NAD27,NAD83 or WGS 84) Nad 83 Zone 13 Easting 3232314.31 Northing 1400944.20 _3 . 11. Correjuondence Information: APPLICANT/OPERATOR (name,address,and phone of name to be used on permit) Contact's Name: Robert A Baker Title: Secretary/Treasurer Company Name: Loloff Construction, Inc. Street/P.O.Box: 801 8th Street Suite 130 P.O.Box: City: Greeley State: Colorado Zip Code: 80631 Telephone Number: 970 1_ 301-4292 Fax Number: f )- PERMITTING CONTACT (if different from applicant,operator above) Contact's Name: John Vazquez Title: Owners Representative Company Name: Street/P.O.Box: 106 Rock Bridge Ct P.O. Box: City: Windsor State: Colorado - Zip Code: 80550 Telephone Number: (970 )_ 217-9965 Fax Number: ( I- INSPECTION CONTACT Contact's Name: Darwin Derr Title: Operations Manager Company Name: Mill Iron Mining, LLC Street/P.O.Box: 610 Balsam P.O.Box: _ City: Greeley State: Colorado Zip Code: 80631 Telephone Number: ( 970 1_ 301-4292 Fax Number: ( )- CC: STATE OR FEDERAL LANDOWNER(if any) Agency: Street: City: State: Zip Code: Telephone Number: ( )- CC: STATE OR FEDERAL LANDOWNER(if any) Agency: Street: City: State: Zip Code: Telephone Number: ( )- -4- 12. Prima(r�future(Post-mining)land use(check one): L( Cropland(CR) D Pastureland(PL) General Agriculture(GA) El Rangeland(RL) n Forestry(FR) Wildlife Habitat(WL) _El Residential(RS) Jj Recreation(RC) Industrial/Commercial(IC) 1:1Developed Water Resources(WR) Solid Waste Disposal(WD) 13. Primary present land use(check owl J1 Cropland(CR) Pastureland(PL) General Agriculture(GA) Rangeland(RL) Forestry(FR) Wildlife Habitat(WL) am Residential(RS) El Recreation(RC) Industrial/Commercial(IC) Developed Water Resources(WR) 14. Method of Mining: Briefly explain mining method(e.g.truckshovel): Open pit mine with loaders, trucks, excavators, and dozers. 15. On Site Processing: 0 Crushing/Screening 13.1 Briefly explain mining method(e.g.truck/shovel): Cone crusher fed by loaders and conveyors. List any designated chemicals or acid-producing materials to be used or stored within permit area: None 16. Pescrintion of Amendment or Conversion: If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s). The Loloff Pit is currently permitted for approximately 55.17 acres and we are proposing to increase the affected area to approximately 43 acres from the current 42.7 acres in the Reclamation Plan. I he additional was a proposed shop and storage area that has never been used as such. Loloff Construction, Inc. would like to mine the additional area. - 8 - Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. To the best of my knowledge,all significant,valuable and permanent man-made structure(s)in existence at the time this application is filed,and located within 200 feet of the proposed affected area have been identified in this application (Section 34-32.5-115(4)(e),C.R.S.). 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34.32.5-115(4)(f), C.R.S.; 3. As the applicant/operator,I do not have any extraction/exploration operations in the State of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-32.5-120,C.R.S.) as determined through a Board finding. 4. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503,C.R.S. This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,C.R.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to section 34-32.5-123. C.R.S. e ci Signed and dated this 3 day of Fe b i a a r 2 0/s 1.4 tet ce Ge..ire cc c t.o n/ _V"n • If Corporation Attest(Seal) Applicant/Operator or or Company Name �� 1 Signed: yl'l'r"' a. Signed: 1G'r ' a' 714.6.4-- Corporate Secretary or Equivalent Title: ,Seerttary/'iaosrv-t/ Town/City/County Clerk State of ..1 vt c r n,.— ) ) ss. County of Al 6 (1 ) Sr d The foreg pina ity/strument was ac g owled ed before me this day of f ti --"A/ 2-0(5 ,by Kobr—� 11 6� *� as Sccv _ / Syvwn— ofL.-o(v`f cc , c '/lu., j(r1 *'m OFFICIAL SEAL 40,47, MICHAEL s HOLLIS Notary Public NOTARY FUCK-INDIANA N4► ALLEN Was Nov. µY �Nov.is,1021 My Commission expires: It l / 202.! SIGNATURES MUST BE IN BLUE INK You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a EXECUTIVE SUMMARY Loloff Construction, Inc. is submitting a request for approval of the amendment to existing mine permit M-19585-112 for the Loloff Pit. The requested permit amendment is to include approximately 5 acres that was left out of the original mine boundary but is still within the Use by Special Review limits approved by the County Commissioners and the 112 Reclamation permitted area with the State. Loloff Construction, Inc. is proposing to mine the expansion area with the same techniques and proposed in the original mine permit application, as well as, defined within the Technical Revision No. 1 submitted to the DRMS in October of 2013. Reclamation techniques required by the DRMS as condition of approval of permit M-1985-112 and as required within the Technical Revision No. 1 shall be implemented with the modification of the Reclamation Plan. Within this document is a reclamation plan with a seed mix design for sandy material provided by the Greeley NRCS Field Office. The original permit application and the Technical Revision No. 1 have not proposed water storage as an end use. The owner of the property would like to have DRMS approval for water storage as an end use for the Loloff Pit,though they recognize there are other regulatory requirements that must occur prior to using the vessel for storage. This amendment proposes that a slurry wall be installed and bonding calculations for the slurry wall have been included in this application. EXHIBIT A LEGAL DESCRIPTION SE'/<of the NW 1/4&5%:of the NE% of the NW'/<of Section 4 Township 5 N Range 65 W of the 6th P.M.in the County of Weld in the State of Colorado. The physical address is 655 Balsam Drive, Greeley, Colorado. The site entrance is located at 40°25'47.84" N and 104°40'06.38" W EXHIBIT D MINE PLAN The Loloff Pit is an operational sand and gravel mine,with this application being for the expansion of the existing reclamation boundaries to include approximately five (5)acres of additional mining area. The site is approximately 55.17 acres with 42.7 acres of reclaimed area currently permitted under Permit M- 1985-112 on file with the Colorado Division of Reclamation Mining &Safety. The permit area of 55.17 acres shall remain unchanged, however,the mine and reclamation limits are proposed to be increased with this amendment. Exhibit C shows the current permitted mining area and Exhibit D shows the proposed areas to be affected under the amendment to the reclamation permit. The affected areas include Area 1 in the northeast corner of the property that was identified as a shop and storage area in the original permit application. The property ownership changed hands over the two years and it is the new owners desire to mine this area as it contains approximately 450,000 tons of material with an average depth of 45 feet in the northeast corner. The other area where the modified mine boundaries are being requested is in the south west corner of the property identified on the map as Area 2. This area was disturbed by previous operators and this amendment includes this disturbance. This amendment shall accommodate the minimum offsets while maximizing the water storage volume for post reclamation use. This area is not a mining area as much as it is an amendment to the reclamation plan. The modifications proposed in Area 2 do not create any additional encroachment of existing structures. This area of impact is approximately 0.25 acres and there is not any significant depth of material. The current method of mining is a dry mining operation with de-watering occurring in the southeast corner of the property. De-watering trenches have been excavated and the sand and gravel is subsequently mined using an excavator to load haul trucks to haul material to a stockpile to feed the crusher plant. The crusher plant is loaded with front end loaders and the final product of road base will be loaded into trucks with front end loaders from a stockpile. The pit is currently mined in areas of 15- 20 acres at a time with 5-10 feet of depth of material. Stability analysis were performed with the Loloff Pit Permit M-1985-112 Technical Revision No. 1 and all mining techniques submitted with TR-01 will apply to the amended areas to be mined. The results of the stability analysis have been attached for your review. There is no use of explosives on this site and there are no explosives to be stored on site. The material being mined currently is sand and gravel that is crushed and screened to create various road base products or it is sold as pit run and used for construction materials. These construction materials are being utilized in the oil and gas fields for pad site construction and with the current market in new site development,the intended timeline for the completion of the reclamation of the pit is 2017, but is subject to change as the industry changes. It should be noted that the slopes are being graded to the final reclamation slopes as mining operations are on-going. It is the owner's intent to have a slurry wall installed to mitigate infiltration of ground water as part of the final reclamation plan, so re- vegetation of the slopes has not begun, but shall be completed once the wall is installed. EXHIBIT N SOURCE OF LEGAL RIGHT TO ENTER Loloff Construction, Inc. is the Owner of the property as listed with the Weld County Clerk and Recorders Office and therefore has the right to enter and mine. EXHIBIT 0 OWNERS OF RECORD OF AFFECTED LAND AND OWNER OF SUBSTANCE TO BE MINED The Owner of Record is as listed with the Weld County Assessor's Office is Loloff Construction, Inc.for both the affected land and the substance to be mined. Attached is the record of ownership as Recorded with the Weld County Clerk and Recorders office. proposed mining operation. The following is a sample of the Notice required for Rule 1.6.2(l)(b)that you may wish to use. NOTICE This site is the location of a proposed construction materials operation. (Name of the Applicant/Operator) °'°x c°�so-�m m°. whose address and phone number is(Address and Phone Number of the Applicant/Operator) 80185sue°s''s °r-1"c°s°s3"s'°"°`"°° has applied for a Reclamation Permit with the Colorado Mined Land Reclamation Board. Anyone wishing to comment on the application may view the application at the(County Name) Weld County Clerk and Recorder's Office, (Clerk and Recorder's Office Address) 1402 N 17th Ave, Greeley, CO 80631 and should send comments prior to the end of the public comment period to the Division of Reclamation, Mining, and Safety, 1313 Sherman St, Room 215, Denver, Colorado 80203. Certification: 1 John Vazquez ,hereby certify that I posted a sign containing the above notice for the proposed permit area known as the (Name of Operation) Loloff Pit , on (Date Posted) / f / i :717" �7 , SIGN TORE j 1 DATE RECEIVED JAN 0 5 205 COMMISSIONERS MINE PERMIT AMENDMENT FOR LOLOFF PIT PERMIT NO. M-1985-112 PROPOSED PIT EXPANSION LOLOFF PIT WELD COUNTY, COLORADO PREPARED: DECEMBER 2014 PREPARED FOR: LOLOFF CONSTRUCTION, INC. 801 8TH STREET SUITE 130 GREELEY,CO 80632 (970) 301-4292 PREPARED BY: JOHN VAZQUEZ, P.E. 106 ROCK BRIDGE COURT WINDSOR,CO 80550 (970-217-9965 1- 7 -/6 CC cPL,?VJ �j5 2015-0021 • ' EXECUTIVE SUMMARY APPLICATION FORM EXHIBIT A-LEGAL DESCRIPTION EXHIBIT 8-INDEX MAP EXHIBIT C-EXISTING MINE PLAN MAP EXHIBIT D-AMENDED MINE PLAN MAP EXHIBIT E-RECLAMATION PLAN EXHIBIT F-RECLAMATION PLAN MAP EXHIBIT G-WATER INFORMATION EXHIBIT H-WILDLIFE INFORMATION EXHIBIT I-SOILS INFORMATION EXHIBIT 1-VEGETATION INFORMATION EXHIBIT K-CLIMATE INFORMATION • EXHIBIT L-RECLAMATION COSTS EXHIBIT M-OTHER PERMITS AND LICENSES EXHIBIT N-SOURCE OF LEGAL RIGHT TO ENTER EXHIBIT O-OWNERS OF RECORD OF AFFECTED LAND AND OWNER OF SUBSTANCE TO BE MINED EXHIBIT P-LIST OF MUNICIPALITITES WITHIN TWO MILES EXHIBIT Q-PROOF OF MAILING OF NOTICES TO BOARD OF COUNTY COMMISSIONERS AND SOILD CONSERVATION DISTRICT EXHIBIT R-PROOF OF FILING WITH COUNTY CLERK AND RECORDER EXHIBIT S-PERMANENT MAN MADE STRUCTURES • • EXECUTIVE SUMMARY Loloff Construction,Inc. is submitting a request for approval of the amendment to existing mine permit M-19585-112 for the Loloff Pit. The requested permit amendment is to include approximately 5 acres that was left out of the original mine permit boundary but is still within the Use by Special Review limits approved by the County Commissioners. Loloff Construction,Inc. is proposing to mine the expansion area with the same techniques and proposed in the original mine permit application,as well as,defined within the Technical Revision No. 1 submitted to the DRMS in October of 2013. Reclamation techniques required by the DRMS as condition of approval of permit M-1985-112 and as required within the Technical Revision No. 1. Within this document is a reclamation plan with a seed mix design for sandy material provided by the Greeley NRCS Field Office. The original permit application and the Technical Revision No. 1 have not proposed water storage as an end use. The owner of the property would like to have DRMS approval for water storage as an end use for the Loloff Pit,though they recognize there are other regulatory requirements that must occur prior to using the vessel for storage. This amendment proposes that a slurry wall be installed and bonding calculations for the slurry wall have been included in this application. • • STATE OF COLORADO • DMSION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources 1313 Sherman St..Room 215 Denver.Colorado 80203 COLORADO Phone:(303)886.3567 DIVISION OF FAX:(303)832-8106 RECLAMATION MINTING SAFETY CONSTRUCTION MATERIALS REGULAR(112)OPERATION RECLAMATION PERMIT APPLICATION FORM CHF.C'K ONE:Iv 1 There is a File Number Already Assigned to this Operation Permit#_M_- - _ I Please reference the file number currently assigned to this operation) New Application(Rule 1.4.5, Amendment Application I Rule 1.101 Conversion Application(Rule 1.1 1) Permit e tit 1985 112 _ I pros ide for Amendments and Conversions ofcsisting permits) The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major pans:(1)the application form:12)Exhibits A-S.Addendum I.an' sections of Exhibit 6.5 IGeotechnical Stability Exhibit:and(31 the application fee. When you submit your application. be sure to include one I I l complete signed and notarized ORIGINAI and one II) copy of the completed application form.two(2)copies of Exhibits AS.Addendum I.appropriate sections of 6.5(Geotechnical Stability Exhibit,and a check for the application fee described under Section(4)helosc. Exhibits should hQ'[be hound or in a 3-ring binder:maps should be folded to S 1'2" X I I"or S 1/2"X 14"size. To expedite processing.please pro'ide the information in the format and order described in this form. GENERAL OPERATION INFORMATION • Type or print clearly.in the space provided.ALjr information requested below. I. Armlicant/onerator or company name(name to be used on permits: Loloff Construction, Inc. 1.1 Type of organization(corporation,partnership.etc.): Corporation 2. Operation name(nit,mine or site name': Loloff Pit 5. permitted acreage(new or existing sitet: 42.7 existing permitted acres 3.1 Change in acreage Ir I 5.1 new acres 3.2 Total acreage in Permit area 47.8 total acres 4. fag: 4.1 New Application $2 696.00 application fee 4.2 New Quarry Application $3 342 00 quarry application 4.4 Amendment Fee $2.229.00 amendment fee 4.5 Conversion to 112 operation(set by statute) 52.4961X) conversion fee 5. Primary commoditiels)to be mined: Sand Gravel Soil 5.1 Incidental commodities)to be mined: 1. - Ibs/'lins'r 2. Ibs(Tonavr 3. IbsTTons'r 4. Ibsrfonsivr 5. Ibs/ onsivr 52 Anticipated end use of primary commodities)to he mined: Construction Materials 5.3 Anticipated end use of incidental commodities)to be mined: N/A • • O 6. Name of owner of subsurface rights of affected land: See Exhibit 112 or more owners."refer to Exhibit 0". 7. Name of owner of surface of affected lane: Global Asset Recovery, LLC 8. Tvoe of minima operation: IN Surface El Underground 9. Location Information: The center of the area%%here the majority of mining gill occur: COUNTY: Weld PRINCIPAL MERIDIAN(check one I: _ED 6th(Colorado) El 10th(Nets Mexico) in Iae SECTION(tcrite number): S 4 TOWNSHIP(write number and check direction): T $ a North South RANGE(e rite number and check direction): R 65 II East t•^)west QUARTER SECTION(check one): ❑ IIpLia M1U. SW QUARTER/QUARTER SECTION(check one): NE I—I NR ❑SE SW GENERAL.DESCRIPTION: the number of miles and direction from the nearest town and the approximate elevation): _ Within one mile of Greeley with an approximate elevation of 4635' above sea level 10. Primary Mine Entrance Location(report in either Latitude-Longitude D$UT O I: • Latitude/Longitude: Example: (N) 39` 44' 12.98" (W l 1040 59' 3.87" Latitude IN): deg min sec (2 decimal places) Longitude Iw I: deg min sec 12 decimal places) OR Example: (N) 39.736910 (W I -104.98449` Latitude(N) (5 decimal places) Longitude(W) (5 decimal places) OR l Iniversal 1rant erse Mercator(1:TMI Example: 201336.3 F. NAD27 Zone 13 4398351.2 N U iM Datum(specify NAD27.N.AD83 or WGS 841 Nad 83 Zone 13 Fasting 3232314.31 Northing 1400944.20 • • .3. I I. Correspondence Information: APPLICANT/OPERATOR (name.address.and phone of name to he used on permit) • Contact's Name: Res*Geist Title: Owner Company Name: Loloff Construction, Inc. Street/P.O.Box: 801 8th Street Suite 130 P.o.Box: City: Greeley State: Colorado Zip Code: 80631 Telephone\umber: 970 I- 3014292 Fax Number: I I • - )'ERNIITTING CONTACT (if different from applicantoperator abmel Contact's Name: John Vazquez Title: Owners Representative • Company Name: Street/P.O.Box: 106 Rock Bridge Ct P.O.Box: City: Windsor • • State: Colorado Zip Code: 80550 Telephone Number: (970 - 217-9965 Fax Number: ) I- INSPECTION CONIACI • Contacts Name: Darwin Derr ride: Operations Manager Company Name: Mill Iron Mining, LLC Street/P.O.Box: 610 Balsam P.O.Box: City: Greeley • State: Colorado lip Code: 80631 Telephone Number: ) 970 (- 3014292 Fax Number: ( i- CC: STATE OR FEDERAL LANDOWNER(ifaml Agency: Street: • City: State: Zip Code: 'Telephone Number: ) !- CC: STATE OR FEDERAL 1 ANDOWNER(if am) • Agency: • Street: City: State: Zip Code: Telephone Number: I 1- • • 12. Primairy�Jyture(Post-mininat land (cheek ring J�f Cropland(CR) JU Pastureland(PL I General Agriculture(GA)D Rangeland(Rid Forestal FR) Wildlife Habitat(WI.) Residential(RS) Recreation(RC) Industrial.Commerciall IC) 17HDeseloped Water Resources( Solid Waste Disposal(W D1 13. Primary ore. . u _ Cropland(CRl Pastureland(PI.) General Agriculture(GA( Rangeland'RI.i Forestal FRl ell Wildlife Habitat(WL) Residential(RS) Recreation(RC) `— Industrial,Commercial'ICI Deseloped Water Resources(W RI 14. Method of Mining: Briefly explain mining method(e.g.truck.shoveh: Open pit mine with loaders, trucks, excavators, and dozers. 15. On Site Processing: t/ Crushing'Scrcening 13.1 Briefly explain mining method(e.g.truck shos t-b: Cone crusher fed by loaders and conveyors. • List any designated chemicals or add-producing materials to he used or stored within permit area: None 16. Description of Amendment or Conversion: If you are amending or convening an existing operation.pros ide a brief narratise describing the proposed changgs). The Loloff Pit is currently permitted for approximately 43 acres and we are proposing to increase the mine permit area to approximately 48 acres. The additional was a proposed shop and storage area that has never been used as such. Lolotr Lonstruction, Inc. would IIKe to mine me additional area. • • Certification: As an authorized represent:06.c of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terns and conditions: I. To the best of my know ledge,all significant,valuable and permanent man-made structure(s1 in existence at the time this application is filed,and located within 200 feet of the proposed affected area have been identified ied in this application (Section 34-32.5-1 15i 4 a e 1.C.R.S.I. 2. No mining operation will be located on lands where such operations arc prohibited by law (Section 3d-3_2.5-I 15(440.(..R.S.; 3. As the applicant'operator.I do not ha%a any extraction exploration operations in the State of Colorado currently in violation of the pros isions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-32.5-120.C.R.S.;as detennined through a Board finding. 4. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class I misdemeanor pursuant to Section 18-8-503.C.R.S. This form has been approved hr the tuned Lund Reclamation Hoard pursuant to section 34-32.5-112.CR.S.,of the Colorado Land Reclamation Am far 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 far operating without a permit pursuant to section 34-32.5-123,CR.S. it Signal and dated this f day of �•rroa�l �Qi • 4s/. .C4 (...;f.,e7,eo I`ne If Corporation Attest(Seall ApplicanCOperator or Company Name er 'JA/,� `/_liesC a.R. b.--r A. r7.rCe- Signed: Corporate Secretary or Equivalent Title: sec^e r.er 1 own/City/'County Clerk —y-,State of 2J,h1.veG. I I ss. County of &t <h I S+ ` llre toregotn stru e i was a.tx (edged before me this I day or JAh V ty-S/ / / 2015 by 4 S. /( � / 4- Cc�al4w}rws as tP'Vs�� of (� ' �.,n1 MICHAEL$ NOLLIS IUCS✓Lle 4/2�iri5 NOTARY PUBLIC•IOM Notary Public • r(iii ALLet CdMIY My Commission expires; I I If 202-I SIGNATURES MUST BE IN BLUE INK You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a 0 • EXHIBIT A LEGAL DESCRIPTION 12129 SE4NW4&S2NE4NW4 4 5 65 EXC COMM N4 COR SEC 5652.95'5150.81' M/L TO EXIST FENCE LN &TRUE POB NB5D40'W 1326.86'TO W LN NE4NW4 TH SELY TO W LN NW417.18'N OF POB 517.18'TO POB(1R) • • • EXHIBIT B INDEX MAP _ . r-fri.,„ .04. IV I if !, -" 4 :- - a .. ' ?- 17 741. 1 • le -tar• , L. 1 1 yel ' t_ . 44 t {$ li i-- 1 lip e g 1 . i6 . It •se. 4 ' it ii.—'411,6- . 1 4 r Ikr , ., , ' �. Loloff Pit 4,k ti ' " , . . i sis ,. k _ �. ♦ , � ' �I C� � w . *lcda, all ., it •I , , , . .. ,..,... ..: *sib L * 0 • rattiv • •1 .4 ... . ‘ : is ♦ R • 7.4. . l '-�. . . • j!�. - f v_. ., • /op �° I , �. I/ III '1 1 ,g 4 • r ti Not to Scale • • EXHIBIT C EXISTING MINE PLAN The following section contains the mine plan that has been approved with mine permit M-1985-112 and Loloff Pit Technical Revision No. 1 completed by 1&T Consulting(2013). Attached is a supplemental map showing the planned mining and final grading for the Loloff Pit under the current permit conditions. The existing topography shown in the exhibits was surveyed in 2013. The existing permit requires a minimum of 50'feet offset from the property line to the mine permit limits and mining activities. The current pit configuration has been reviewed as part of TR-01,a stability analysis was completed for the final re-graded side slopes of 3H:1V. This site is an active mining operation and at the current production rate,the current reserves defined within the existing mine plan is approximately 2 years under the current market conditions. This is subject to change as market conditions change. • • / .) i„____, r1 • ( " '' I as E•.:- - - - j - max I h .r• 47-7►- - - - _ - ` - � _ _ _:r ;At`. - - s iIz. "III miniuw)l�f12; a�von✓w _� i L qe wro'i '�I'wu@tiaI.a aril S, 1. G ® � • 1 C 1 }i f I �Z, l .—__—ti— —t .s— Y--a— rt __— v rr - > — 1 ........a...87.8°... R..0 I Y 1 ,ti r _ C yy 'II, x I � �) I x ; . F' 11 2 Y\ l I R . 1't `I . - I <, x _ lir' cr 8 'ft : I a'—� -'1 I ------ '• / I I e � 5 Li ` Sidi ( a Px Yf _ _ - �r . I ./, ;t : !a ;i I '-'e- ,Pill,-1 h " Ir Ga yg I'dh a4w 7f n,aH�_P I 1 "s �rh f iI I gi r 3 1)77 E:77. G I L s x�R, M. } is cl I 1 O '�4 } • . • y el . ii { -- .,j :t I; ' - _I zt I a s k; ' is ` Al o I I is Y 6s 7. a9 mo�urnoa '; �z 'i fpt d. et �. s 3e I r I Is ?4 $ d €I fi ili -4•i4E•nP•bJ 1•f© al 111116111 -.._ad WWI .aui•uelInetal••••0 meinry -V. . , ill , : cia -.--.- r , .CI 1 . a 61, ` rartr-4" Al 1 9 j I 1 I ( i .1 I 1I I I - rrt- Iii : , 1 p 1 1 I t �+` _-� 1 I i 1 1?I 1 8t. 1 t , ; I ,,....-k; \\ L._----. •- .1.. II. I 1 •♦• _s-. - - _ Si _ _ - i s I L { L �; nu n\ j{y a \• 1 lot I 9 I ��\\ . :li i -u L t i�;',170 a- €S i ' f 1 1. 1� • ;; .S., 1, Il I:LE_ __ !1 1 5• I N 0 I 3I 1 EXHIBIT D MINE PLAN The Loloff Pit is an operational sand and gravel mine,with this application being for the expansion of the existing mine boundaries to include approximately five(5)acres of additional mining area. The site is approximately 54 acres with 42.7 acres currently permitted under Permit M-1985-112 on file with the Colorado Division of Reclamation Mining&Safety. Exhibit C shows the current permitted mining area and Exhibit 0 shows the proposed areas to be affected under the amendment to the permit. The affected areas include Area 1 in the northeast corner of the property that was identified as a shop and storage area in the original permit application. The property ownership changed hands over the last year and it is the new owners desire to mine this area as it contains approximately 450,000 tons of material with an average depth of 45 feet in the northeast corner. The other area where the modified permit boundaries are being requested is in the south west corner of the property identified on the map as Area 2. This area was disturbed by previous operators and this amendment includes this disturbance. This amendment shall accommodate the minimum offsets while maximizing the water storage volume for post reclamation use. This area is not a mining area as much as it is an amendment to the reclamation. The modifications proposed in Area 2 do not create any additional encroachment of existing structures. This area of impact is approximately 0.25 acres and there is not any significant depth of material. The current method of mining is a dry mining operation with de-watering occurring in the southeast corner of the property. De-watering trenches have been excavated and the sand and gravel is subsequently mined using an excavator to load haul trucks to haul material to a stockpile to feed the crusher plant. The crusher plant is loaded with front end loaders and the final product of road base will be loaded into trucks with front end loaders from a stockpile. The pit is currently mined in areas of 15- 20 acres at a time with 5-10 feet of depth of material. Stability analysis were performed with the Loloff Pit Permit M-1985-112 Technical Revision No. 1 and all mining techniques submitted with TR-01 will apply to the amended areas to be mined. The results of the stability analysis have been attached for your review. There is no use of explosives on this site and there are no explosives to be stored on site. The material being mined currently is sand and gravel that is crushed and screened to create various road base products or it is sold as pit run and used for construction materials. These construction materials are being utilized in the oil and gas fields for pad site construction and with the current boom in development,the intended timeline for the completion of the reclamation of the pit is 2016,but is subject to change as the industry changes. It should be noted that the slopes are being graded to the final reclamation slopes as mining operations are on-going. It is the owner's intent to have a slurry wall installed to mitigate infiltration of ground water as part of the final reclamation plan, so re-vegetation of the slopes has not begun, but shall be completed once the wall is installed. en r . • ,4 - ri•<4. e i �ii ? . n # ? —,-._c , } It it ii, s. ; • SLOPE STABILITY REPORT FOR THE LOLOFF PIT WELD COUNTY, COLORADO JULY 2013 REVISED: AUGUST 2013 • PREPARED FOR: LOLOFF CONSTRUCTION, INC. PO Box 518 KERSEY, CO 80644 PREPARED BY: J&T Consulting, Inc. 305 DENVER AVENUE-SUITE D FORT LUPTON, CO 80621 PHONE: 303-857-6222 FAX: 303-857-6224 • — o a en M'0ll cup UV0 be N `°"' 30003 - 0 M . I I M'0 Ea`° II 1 ImiN - era 0 I -- g swirl, = `JNINM NIW N - 2 m M I m L = m '5 M w t o " y - Pe) N y X 0 al —O• O - i x n _ N 7 H _ N . 4 O N U O 4= 0 W L N .i- U w o co in I:) E - n • T I j I I I I o0 IIIo 0 oo 0 0 N N .- — (�9a4) SIXV-A I . • I EASTFTOP.OPT XSTABL File: EASTF 10-17-** 8:56 * XSTABL * * * * Slope Stability Analysis * * using the * * Method of Slices * * * • Copyright (C) 1992 A 96 * * Interactive Software Designs, Inc. * * MOSCOW, ID 83843, U.S.A. * * * * All Rights Reserved * * * * ver. 5.105a 95 A 1483 * Problem Description : Loloff Pit East Full Top Reservoir SEGMENT BOUNDARY COORDINATES 4 SURFACE boundary segments Segment x-left y-left x-right y-right soil unit No. (ft) (ft) (ft) (ft) Below segment • 1 100.0 100.0 200.0 100.0 2 2 200.0 100.0 362.0 154.0 3 3 362.0 154.0 377.0 159.0 4 4 377.0 159.0 500.0 159.0 4 3 SUBSURFACE boundary segments Segmeent x-left y-left x-right y-right soil unit (ft) (ft) (ft) (ft) Below segment 1 362.0 154.0 500.0 154.0 3 2 100.0 100.0 500.0 100.0 2 3 100.0 97.0 500.0 97.0 1 ISOTROPIC Soil Parameters 4 soil unit(s) specified soil unit weight cohesion Friction Pore Pressure water unit Moist Sat. Intercept Angle Parameter Constant surface No. (pcf) (pcf) (psf) (deg) Ru (psf) No. 1 125.0 141.0 2000.0 20.00 .000 .0 1 2 125.0 141.0 100.0 18.00 .000 .0 1 3 110.0 125.0 .0 35.00 .000 .0 1 4 110.0 131.0 150.0 22.00 .000 .0 1 Page 1 • • EASTFTOP.OPT 1 water surface(s) have been specified unit weight of water = 62.40 (pcf) water surface No. 1 specified by 3 coordinate points PHREATIC SURFACE, Point x-water y-water NO. (ft) (ft) 1 100.00 159.00 2 368.00 159.00 3 500.00 159.00 BOUNDARY LOADS 2 load(s) specified Load x-left x-right Intensity Direction No. (ft) (ft) Cast) (deg) • 1 382.0 383.0 20000.0 20000.0 90.0 2 388.0 389.0 90.0 NOTE - Intensity is specified as a uniformly distributed force acting on a HORIZONTALLY projected surface. A critical failure surface searching method using a random technique for generating CIRCULAR surfaces has been specified. 2000 trial surfaces will be generated and analyzed. 10 surfaces initiate from each of 200 points equally spaced along the ground surface between x = 190.0 ft and x - 210.0 ft Each surface terminates between x = 417.0 ft and x = 450.0 ft unless further limitations were imposed the minimum elevation at which a surface extends is y = 40.0 ft DEFAULT SEGMENT LENGTH SELECTED BY XSTABL Page 2 • • EASTFTOP.OPT 6.0 ft line segments define each trial failure surface. ANGULAR RESTRICTIONS : The first segment of each failure surface will be inclined within the angular range defined by : Lower angular limit :. -45.0 degrees upper angular limit :. -1.0 degrees Factors of safety have been calculated by the : SIMPLIFIED BISHOP METHOD The most critical circular failure surface is specified by 39 coordinate points Point x-surf y-surf No. 1 208.49 102.83 2 214.37 101.61 3 220.27 100.54 • 4 226.20 99.62 5 232.15 98.85 6 238.12 98.23 7 244.10 97.77 8 250.09 97.46 9 256.09 97.30 10 262.09 97.30 11 268.09 97.45 12 274.08 97.75 13 280.06 98.20 14 286.03 98.81 15 291.98 99.58 16 297.91 100.49 17 303.82 101.55 18 309.69 102.77 19 315.54 104.14 20 321.34 105.65 21 327.11 107.31 22 332.83 109.12 23 338.50 111.08 24 344.12 113.18 25 349.69 115.42 26 355.19 117.81 27 360.64 120.33 28 366.01 122.99 29 371.32 125.79 30 376.55 128.73 31 381.71 131.79 32 386.79 134.99 33 391.78 138.32 34 396.69 141.77 Page 3 • EASTFTOP.OPT 35 401.50 145.35 36 406.23 149.05 37 410.85 152.87 38 415.38 156.81 39 417.78 159.00 **** Simplified BISHOP FOS . 3.692 *•** The following is a summary of the TEN most critical surfaces Problem Description : Loloff Pit East Full Top Reservoir FOS circle Center Radius Initial Terminal Resisting (BISHOP) x-coord y-coord x-coord x-coord Moment (ft) (ft) (ft) (ft) (ft) (ft-lb) 1. 3.692 259.23 331.83 234.55 208.49 417.78 4.594E+07 2. 3.705 256.82 339.98 242.88 206.89 418.79 4.784E+07 3. 3.717 259.00 331.76 234.32 208.69 417.29 4.565E+07 4. 3.791 262.70 350.37 253.13 209.00 428.38 5.421E+07 5. 3.791 255.30 356.05 258.79 205.98 423.05 5.261E+07 6. 3.816 259.54 362.98 265.74 207.29 429.83 5.728E+07 7. 3.835 253.65 364.61 267.32 205.18 424.47 5.481E+07 8. 3.855 259.32 358.60 261.04 207.99 427.54 5.520E+07 9. 3.858 253.97 370.98 273.69 205.08 427.07 5.731E+07 10. 3.882 255.73 386.83 289.81 204.67 434.80 6.463E+07 • • • * END OF FILE • * * Page 4 • 8 • a it - 4O _I r 'M'O'd IS a OYOa se M a 30x3 - N p N �o co. ( AA'0'8 a Er r - In II I .. (n in - o o !� a L — o ONINI 2 (n o - m in M I m >O 2 L — Z O H � 8X • 43 a 0. 0oX in = 3 3 o, o c \14) w o u) V N O W +- N c 4- 0 co E o J — - go i i o i 0 Ia 8 • 1 ' • I • 0 0 0 O 0 in in o h (teei) SI XY—A 0 . • EASTFTOPEQ.OPT XSTABL File: EASTFEQ 10-17-*• 8:59 * XSTABL * * * * Slope Stability Analysis * * using the • * Method of Slices • * * * copyright (C) 1992 A 96 * * Interactive Software Designs, Inc. * • Moscow, ID 83843, U.S.A. * * * • All Rights Reserved • •• ver. S.105a 95 A 1483 Problem Description : Loloff East EQ Full Top Reservoir SEGMENT BOUNDARY COORDINATES 4 SURFACE boundary segments Segment x-left y-left x-right y-right Soil Unit No. (ft) (ft) (ft) (ft) Below Segment • 1 100.0 100.0 200.0 100.0 2 2 200.0 100.0 362.0 154.0 3 3 362.0 154.0 377.0 159.0 4 • 4 377.0 159.0 500.0 159.0 4 3 SUBSURFACE boundary segments Segment x-left y-left x-right y-right Soil Unit No. (ft) (ft) (ft) (ft) Below Segment 1 362.0 154.0 500.0 154.0 3 2 100.0 100.0 500.0 100.0 2 3 100.0 97.0 500.0 97.0 1 ISOTROPIC Soil Parameters 4 Soil unit(s) specified soil unit weight Cohesion Friction Pore Pressure water Unit Moist Sat. Intercept Angle Parameter constant surface No. (pcf) (pcf) (psf) (deg) Ru (PO) No. 1 125.0 141.0 2000.0 20.00 .000 .0 1 2 125.0 141.0 100.0 18.00 .000 .0 1 3 110.0 125.0 .0 35.00 .000 .0 1 4 110.0 131.0 150.0 22.00 .000 .0 1 Page 1 • . EASTFTOPEQ.OPT 1 water surface(s) have been specified unit weight of water . 62.40 (pcf) water Surface No. 1 specified by 3 coordinate points PHREATIC SURFACE, Point x-water r y-water r Noo. (ft) (ft) 1 100.00 159.00 2 368.00 159.00 3 500.00 159.00 A horizontal earthquake loading coefficient of .070 has been assigned A vertical earthquake loading coefficient of .000 has been assigned BOUNDARY LOADS • 2 load(s) specified Load x-left x-right Intensity Direction No. (ft) (ft) (psf) (deg) 1 382.0 383.0 20000.0 90.0 2 388.0 389.0 20000.0 90.0 NOTE - Intensity is specified as a uniformly distributed force acting on a HORIZONTALLY projected surface. A critical failure surface searching method using a random technique for generating CIRCULAR surfaces has been specified. 2000 trial surfaces will be generated and analyzed. 10 surfaces initiate from each of 200 points equally spaced along the ground surface between x . 190.0 ft and x . 210.0 ft Each surface terminates between x . 417.0 ft and x . 450.0 ft Page 2 • • _ EA5TFTOPEQ.OPT unless further limitations were imposed, the minimum elevation at which a surface extends is y = 90.0 ft DEFAULT SEGMENT LENGTH SELECTED BY XSTABL 6.0 ft line segments define each trial failure surface. ANGULAR RESTRICTIONS : The first segment of each failure surface will be inclined within the angular range defined by : Lower angular limit :_ -45.0 degrees upper angular limit := -1.0 degrees Factors of safety have been calculated by the : SIMPLIFIED BISHOP METHOD The most critical circular failure surface • is specified by 39 coordinate points Point x-surf y-surf No. (ft) (ft) 1 206.89 102.30 2 212.77 101.13 3 218.69 100.12 4 224.62 99.25 5 230.58 98.53 6 236.55 97.95 7 242.54 97.53 8 248.53 97.25 9 254.53 97.12 10 260.53 97.13 11 266.53 97.30 12 272.52 97.61 13 278.50 98.08 14 284.47 98.68 15 290.42 99.44 16 296.35 100.34 17 302.26 101.39 18 308.14 102.59 19 313.99 103.93 20 319.80 105.41 21 325.58 107.04 22 331.31 108.81 23 337.00 110.72 24 342.64 112.77 25 348.22 114.96 26 353.75 117.29 Page 3 • EASTFTOPEQ.OPT 27 359.22 119.75 28 364.63 122.35 29 369.98 125.08 30 375.25 127.94 31 380.45 130.93 32 385.58 134.04 33 390.63 137.29 34 395.59 140.65 35 400.47 144.14 36 405.27 147.75 37 409.97 151.48 38 414.58 155.32 39 418.79 159.00 •••• Simplified BISHOP FOS = 2.036 •••• The following is a summary of the TEN most critical surfaces Problem Description : Loloff East EQ Full Top Reservoir Fos circle center Radius Initial Terminal Resisting (BISHOP) x-coord (ft) (ft) (ft) (ft) (f y-coord x-coord x-coord moment 1. 2.036 256.82 339.98 242.88 206.89 418.79 4.575E+07 2. 2.036 259.23 331.83 234.55 208.49 417.78 4.394E+07 3. 2.048 259.00 331.76 234.32 208.69 417.29 4.366E+07 • 4. 2.060 262.70 350.37 253.13 209.00 428.38 5.193E+07 5. 2.065 255.30 356.05 258.79 205.98 423.05 5.036E+07 6. 2.068 259.54 362.98 265.74 207.29 429.83 5.488E+07 7. 2.080 253.65 364.61 267.32 205.18 424.47 5.249E+07 8. 2.082 255.73 386.83 289.81 204.67 434.80 6.197E+07 9. 2.085 253.97 370.98 273.69 205.08 427.07 5.491E+07 10. 2.086 261.25 386.04 288.95 206.79 439.98 6.452E+07 • • • END OF FILE • • • Page 4 • • EXHIBIT E RECLAMATION PLAN The Loloff Pit is an operational sand and gravel mine,with this application being for the expansion of the existing mine boundaries to include approximately five(5)acres of additional mining area. The site is approximately 54 acres with 42.7 acres currently permitted under Permit M-1985-112 on file with the Colorado Division of Reclamation Mining&Safety. Exhibit F shows the intended Reclamation Plan Map for the Loloff Pit. It is the operator's intent to apply all of the vegetation and re-grading requirements set forth in the original mine permit with some minor changes. The original permit does not call out water storage as an end use and did not account for a slurry wall to be constructed as part of the reclamation plan to allow for the water storage as an end use. With this amendment submittal,there are bonding calculations to include the estimated cost for constructing the slurry wall. Water storage is a consistent use for post mining operations and would be consistent with State and Local land use programs. The affected area in the amended mine area will be re-graded to the final reclamation grades with a GPS controlled D6 Caterpillar dozer. All reclaimed slopes to be re-vegetated,shall be re-seeded per the • attached seed mix provided by the Greeley NRCS Field Office.All disturbed area slopes will be graded to a final slope no steeper than 3H:1V and all final slopes within the reservoir will have final slopes from the reservoir crest to the toe of slope of 3H:1V and the final reservoir bottom grade will vary from 2%to 0.5%to the sump. All reclaimed slopes from five(5)feet below the maximum water surface elevation of the reservoir and all disturbed areas surrounding the reservoir shall be reseeded with the proposed mix design provided by the Greeley NRCS Field Office. No irrigation system proposed as a part of the reclamation plan. Re- seeding shall occur during the recommended planting periods of November 1 to April 30. The additional area to be re-vegetated with the approval of this amendment is approximately 5.1 acres. The schedule for the completion of the Reclamation Plan is estimated to begin within the next 18 months as mining operations have been ongoing and if market conditions maintain the current pace, mining should be completed in the next 36 months. • • Native Grass Seed Mix (sands) Weld County(Greeley NRCS Field Office) Mix based on Range Seeding(550)specifications for Sand or Loamy Sand soil textures PLS/ACRE G ^/o of Mixture PLS RATE PER VARIETY SPECIES 100% ACRE Goshen rPrairle Sandreed * 3.5 30 1.05 Woodward Sand Bluestem ' 8.0 20 1.80 El Reno Sldeoats Grama * 4.5 20 0.90 Arriba Western Wheatgrass 8.0 j 15 1.20 Blackwell Switchgrass" 2.5 10 0.25 Cheyenne Yellow Indiangrass' 5.0 5 • 0.25 l Total 100 ; 4.20 — Seeding Dates: November 1 to April 30 ^required grasses In mix • "'Mix must be seeded with a Native Grass Drill Options for Variety if the specified variety Is In short supply,etc. Niner Sideoata Grams Holt Yellow Indiangrass ,Nebraska 28 -Switchgraas Berton Western Wheatgrass [ Recommend addition or substitution imp to 10%)of one of the followin Forb or Legume Species; I I PLS RATE PER Variety Species ACRE Ledak or Ranger Alfalfa Up to 0.5 Native Winterfat Native Fourwing Saitbush ^ Native Purple Preideclover ^ [Native jAmerican Vetch [ • • EXHIBIT F RECLAMATION PLAN MAP The attached exhibit shows the modified pit configuration to include the amendment areas with final grading of side slopes at 311:1V. Exhibit F shows the limits of the areas to be reseeded across the entire site,as well as,access roads around the perimeter of the pit. • • • • T 1M E 0.i t 1.'.- 1 All I. I"" fi .I ,q, 't --,‘. ?:,<:-' lI II: i 1 7 l _ I ' 5 ? 1��4 t.$ �. r _ .. a T x to F._• 7 .. eft €oerst 9c ,E _ I • • :• ; ( - �....._ .., l� L4 GR b<ns, uc ar. Inc. 0 IIII • EXHIBIT G WATER INFORMATION The Loloff Pit mine permit amendment will increase the exposed groundwater during the mining operations. The operator has currently posted a financial warranty for the reclamation costs and has an agreement with the State to post a financial warranty for the amended mine permit with the proposed slurry wall construction. The groundwater impacts and the discharge capacities were evaluated for the Loloff Pit Permit M-1985-112 Technical Revision No. 1(TR-01). There are no additional wells impacted than have been addressed with the TR-01 and field evaluation has not located any new or undocumented structures. The groundwater is currently being collected by de-watering trenches and the increased area of mining will not increase the total volume of water reporting to the pit. This conclusion is made on the fact the slope area of the proposed mine plan is nearly the same as the slope area under the current approved mine plan. With this,it is anticipated that there will not be a significant change in the discharge rate required for the current mining operations. Other than the ground water,there are no other water sources that will be affected with this amendment and the ground water impacts are currently being mitigated with a substitute supply plan. Attached for your review is a copy of the Loloff Substitute Supply Plan(WDID 0302524). • De-watering of the pit currently occurs at the southeast corner of the pit and discharges into a drainage ditch that conveys the water to the river. Any potential increase in groundwater flow to this discharge point is not a significant amount relative to the amount of de-watering required currently. The discharge ditch was evaluated as part of the TR-01 for the Loloff Pit. There is currently an NPDES permit on file numbered COG-500375 and is permitted for an estimated average discharge rate of 3 million gallons per day(MOD). • • fa;t OQ.GO<O DEPARTMENT OF NATURAL RESOURCES FEB I Q • • Ars '�'"' ' ` S. DIVISION OF WATER RESOURCES `. ,3:.•... f * John W.Hkkcnlooper *IB76 * Guvenmr Mike King Executive Director Dkk Wolfe,P.E. February 3, 2014 Director/State Engineer Mr. Jared Damns, E.I. Applegate Group, Inc. 1499 West 120 Ave., Suite 200 Denver, CO 80234-2759 Re: Loloff Substitute Water Supply Plan(WDID 0302624) Loloff Pit, DRMS Permit No. M-1985-112(WDID 0303012) Section 4,T6N, R85W,Bak P.M. Water Division 1,Water District 3, Weld County Approval Period: January 1, 2014 through December 31, 2014 Contact Phone Number for Mr. Damns:303-452-6611 Dear Mr. Damns: • We have reviewed your letter dated November 27, 2013 requesting approval of a substitute water supply plan("SWSP")on behalf of Loloff Construction, Inc. ("Loloff"or "Applicant")to cover depletions caused by an existing gravel pit operation. This site was previously covered under the combined SWSP for Aggregate Industries("AI"); however a • separate SWSP was obtained by Loloff for the site in 2008. The required renewal fee of$257 (receipt no. 3682674) has been received. SWSP Operations The Loloff Pit is a gravel pit operation located In the SEA of the NW'/.of Section 4, Township 5 North, Range 85 West of the 6s'P.M., in Weld County. This SWSP will make replacements to the Cache La Poudre River for depletions resulting from mining operations during the 2014 plan year, and for lagged depletions from past operations at the Loloff Pit. Consumptive uses at the Loloff Pit site include evaporative losses from exposed ground water within the permit boundaries,and operational uses. Well permit no. 77467-F has been issued for the site. The replacement sources proposed to be utilized in this SWSP are the Loloff Section 4 Ditch and leases with the Platte River Power Authority and the Graham Drainage Ditch Company. In accordance with the letter dated April 30,2010(copy attached)from the Colorado Division of Reclamation, Mining, and Safety CORMS"), 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. Currently, Loloff Pit is not in compliance with this requirement. However, the Applicant is currently in the process of obtaining a technical revision to its mining permit from the DRMS (Technical Revision 01). As part of the revision, the DRMS is requiring Loloff to comply with the requirements of its April 30, 2010 letter. At this time, Loloffs efforts to achieve compliance are ongoing; Loloff is currently negotiating a contract to acquire Greeley Irrigation Company("GIC")shares which will be Office of the State Engineer 1313 Sherman Street,Suite 818•Denver,CO 80203•Phone:303-866-3581 •Fax:303-866-3589 • hup://water.state.co.us Mr. Jared Damns, E.I. Page 2 of 6 • Loloff SWSP February 3, 2014 dedicated to the SWSP. To allow replacements to be made while the operator comes into compliance with DRMS requirements this SWSP will be renewed for 2014, The operator shall not expand the exposed surface area of groundwater under this SWSP until the site has been brought into compliance with DRMS requirements, Additionally, at the time this SWSP expires,If there is no progress made on the operators behalf to bring this site into compliance, the SWSP may not be renewed which would result in Cease and Desist Orders against the mine site. Depletions Consumptive use at the Loloff Plt site consists of evaporative and operational losses. The pit is being actively dewatered to allow dry mining. Evaporative losses are calculated based on exposed ground water surface area of 2,0 acres due to the dewatering activities. Net evaporative depletions were calculated using a gross annual evaporation of 45 inches from the exposed water surface,with a credit of 9.97 Inches for effective precipitation. No credit was claimed for ice cover periods, The net depletion of ground water due to evaporation of exposed ground water surface was calculated to be 5.84 acre-feet for this plan year. Operational losses associated with mining activities will include water removed with the mined product and water used for dust control. Approximately 200,000 tons of material is projected to be mined in 2014. A 2%water loss is assessed as the material will be mined in a dewatered state and will not be washed. The water removed with the mined product is therefore estimated to be 2,94 acre-feet. This water lost to dust control Is estimated to be 3.60 acre-feet. The estimated monthly depletions due to evaporation and operational losses for 2014 are shown on the attached Table 1. Depletions at the Loloff Pit do not instantaneously accrue to the Cache La Poudre River, • but instead result in a lagged depletion. A stream depletion model based on the Stream Depletion Factor(SIN)technique was used to calculate the lagged depletions to the Cache La Poudre River. An SDF of 80 days was used for the Loloff Pit site. The total lagged depletions for this plan period due to both projected and past consumptive use at the site are estimated to be 17.42 acre-feet,as shown on Table 1. Replacement Sources The replacement sources proposed for this operation include the Loloff Section 4 Ditch and leased water from Platte River Power Authority CPRPA7 during the non-irrigation season and a lease of augmentation water from the Graham Drainage Ditch Company will supply replacement water during the 2014 irrigation season. Loloff Section 4 Ditch The applicant proposes to use the Loloff Section 4 Ditch(WDID 0300754)conditional water right for replacement purposes, if available. The Loloff Section 4 Ditch collects seepage and waste water in the vicinity of the Loloff Pit in the SW1/4 of the NW1/4 of Section 4, Township 5 North, Range 65 West. The Division 1 Water Court adjudicated a conditional water right for the Loloff Section 4 Ditch in case no.87CW153 for up to 4 its of water with an appropriation date of March 15, 1987(administration no. 50112.00000). The decreed uses for the Loloff Section 4 Ditch include irrigation and augmentation. According to the SWSP request, there is a flume and recorder to measure this water right,which has been approved by the water commissioner. The applicant proposes to use this water right first, if available, since it is a Junior water right. • Mr. Jared Damns, E.I. Page 3 of 8 • Loloff SWSP February 3,2014 Platte River Power Authority Lease A lease of 9.9 acre-feet of PRPA's water stored in Fossil Creek Reservoir(WOID 0303774)will be used to make replacements from January through March and November, December 2014 according to the schedule In the attached Table 1. PRPA has an"Agreement for the Reuse of Water for Energy Generation",dated August 10, 1978,with the City of Fort Collins("Fort Collins")and Water Supply and Storage Company("WSSC")that provides PRPA with the right to receive reusable water delivered by Fort Collins. PRPA, Fort Collins, and WSSC also obtained approval of a plan for augmentation including reuse of water in Division 1 Water Court Case no. W-9332-78. In case no.W-9332-78,the Court found that 4,200 acre-feet or more per year will be available from Fort Collins to the PRPA to be used primarily for cooling purposes in connection with its Rawhide Energy Facility. Pursuant to the decree, if PRPA does not require the water for its own purposes, PRPA, Fort Collins,or other water users may utilize the water for any other beneficial purpose including augmentation. In addition, PRPA has entered into an Agreement with the North Poudre Irrigation Company("North Poudre")dated November 15, 1979,which grants PRPA the right to store surplus water(beyond the needs of the Rawhide Energy Facility) in Fossil Creek Reservoir and lease such water to other users who can use it. The releases are made to the Cache La Poudre River approximately 30.3 miles upstream of the estimated point of depletion from the Loloff Pit.A transit loss of 7.58%(or 0.25%per mile)is assessed to all releases, resulting in 9.15 acre-feet of water available for replacement purposes. Graham Ditch Company • The Applicant has also obtained a lease from the Graham Ditch Company for 13.4 acre- feet of replacement water from the Graham Seepage&Drainage Canal(WDID 0301321)water right. This water right was decreed in case no,W-7818 as developed water, not tributary to the South Platte River to be used for irrigation or domestic purposes. The court found that 2,800 acre- feet of water was developed by the construction,development,and operation of the Graham Seepage&Drainage Canal;however,historically only 1,330 acre-feet were consumptively used, with 1,470 acre-feet discharged as waste water to the Cache la Poudre River and its tributaries. • The current lease for the Graham Seepage&Drainage Canal water,executed on October 22, 2013 is for the months of April 2014 through October 2014 and a copy is attached to this letter. The fully consumable portion of the water delivered is determined by multiplying measured deliveries by 47.5%. The lease amounts are for fully consumable water,therefore actual deliveries will include additional water to account for the 47.5%factor. Deliveries to the Cache La Poudre are measured at a flume(Graham Seep Ditch Return,WDID 0302906)located approximately 380 feet from the mouth of the ditch.The Graham Seep Ditch deliveries are made approximately 4.3 river miles upstream of the estimated point of depletion of the Loloff Pit,therefore a 1.08%(or 0.25%per mile)transit loss is assessed resulting In 13.26 acre-feet of water available for replacement purposes. On October 29, 2013,the SEO received a comment letter on behalf of the Greeley Irrigation Company("GIC")stating that the nontributary determination and actual historical consumptive use of the Graham Ditch water is subject to scrutiny per the applicant's efforts to change the use of the water to Include augmentation purposes. For this year's SWSP request,the SEO is administratively approving the change of water right for augmentation purposes. However,due to questions regarding the nontributary nature of the water and the need for a change of water right from Irrigation and domestic to augmentation,the SEO will not approve such a change in future SWSPs unless the • Mr. Jared Dains, E.I. Page 4 of 6 • Loloff SWSP February 3, 2014 use of the Graham Ditch water for augmentation purposes is approved by the water court. Conditions of Approval I 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 SWSP shall be valid for the period of January 1, 2014 through December 31,2014, unless otherwise revoked, modified, or superseded by decree. 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) no later than November 15, 2014. 2. A well permit was obtained for the current use and exposed pond surface area of the gravel pit in accordance with§37-90-137(2)and(11), C.R.S., permit no. 77487-F. 3. The total surface area of the groundwater exposed at the site must not exceed 2.0 acres, resulting in 5.84 acre-feet of evaporative loss. 4. The annual amount of water used at the Loloff Pit for dust control shall not exceed 3.60 acre-feet and total product mined at the site shall not exceed 200,000 tons resulting in 2.94 acre-feet of water lost with the mined aggregate. 5. Total consumption at the Loloff Pit must not exceed these aforementioned amounts unless an amendment Is made to this plan. 6. Approval of this plan is for the purposes as stated herein. Any additional uses for which the water may be used will be allowed only if a new SWSP is approved for those • additional uses. 7. All releases of replacement water must be sufficient to cover all out-of-priority depletions in time, place, and amount and must be made under the direction and/or the approval of the water commissioner. The release of replacement water may be aggregated to maximize beneficial use. The water commissioner and/or the division engineer shall determine the rate and timing of an aggregated release. The Applicant is required to coordinate with the water commissioner the delivery location of replacement water to ensure out-of-priority depletions are adequately replaced to prevent injury to other water rights. Conveyance loss for delivery of augmentation water is subject to assessment and modification as determined by the water commissioner or division engineer. 8. The replacement water that 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.A copy of this approval letter should be recorded with the county clerk and recorder.All replacement water must be concurrent with depletions in quantity,timing, and location. 9. 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. 10.Adequate accounting of depletions and replacements must be provided to the division engineer in Greeley(plv1Accountina(Wstate,co.us)and the water commissioner (Mark.SimosonEbstate.co.u*)on a monthly basis. Submitted accounting shall conform to • Mr. Jared Deina, El. Page 5 of 0 • Loloff SWSP February 3,2014 the Administration Protocol "Augmentation Plan Accounting, Division One—South Platte Rive/'(attached). In addition,the Applicant shall verify that entities providing replacement water for this plan have included such use on their respective accounting submitted to the Division Engineer. For the duration of this SWSP,those entities are the Platte River Power Authority and the Graham Drainage Ditch Irrigation Company. 11.All pumping for dust control purposes shall be measured in a manner acceptable to the division engineer. Permanent records of all diversions must be maintained by the well owner(recorded at least monthly)and submitted to the division engineer on submitted accounting forms. 12. If reclamation of the mine site produces 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(3)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. Granting of this plan does not imply approval by this office of any such court application(s). 13. Dewatering at this site will produce delayed depletions to the stream system.As long as the pit is continuously dewatered,the water returned to the stream system should be adequate to offset the depletions,thus dewatering is required to continue during the term of this plan. Once dewatering at this site ceases, the river will experience a net depletion as the pit gradually fills. At least three years prior to completion of dewatering, a plan must be submitted that specifies how the post pumping dewatering depletions • (including refilling the pit)will be replaced, in time, place and amount. Should dewatering cease,this SWSP will automatically become void until an amendment covering such action is sought and approved. 14.The monthly volume of water pumped for dewatering operations must be recorded through a totalizing flow meter and shown on the submitted accounting sheets. 15. 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 Loloff Pit is not in compliance with this requirement. To allow replacements to be made while the operator comes into compliance with DRMS requirements this SWSP will be renewed for 2014. The operator shall not expand the exposed surface area of groundwater under this SWSP until the sltq has been brought into compliance with DRMS requirements. Additionally.at the time this SWSP expires, If there Is no progress made on the operators behalf to bring this site into compliance,the SWSP may not be renewed which would result In Cease and Desist Orders against the mine site. 16. This SWSP 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 SWSP. Should this • Mr. Jared Damns, E.I. Page 6 of 6 • Loloff SWSP February 3, 2014 SWSP expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all use of ground water must cease immediately. 17. 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. 18. 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 Michael Hein in Greeley at(970)352-8712. Sincerely, ff Deather e, P.E. Chief of ater Supply ✓ Attachments: Table 1 Water Lease Agreement(Graham Ditch) • Water Lease(Pratte River Pourer Authority) Augmentation Wan Accounting Protocol cc: Michael Hein,Assistant Division Engineer,Mike.Heinestate co us 810 9°Street,Suite 200,Greeley,CO 80631;(970)352.8712 . Mark Simpson,Water Commissioner District 3,mark.slmosonastate.co.us 951 Wheatrdge Cir.,Loveland,CO 80537:(970)420-9568 Division of Reclamation Mining and Safety JDITLK/idc:Lobes Pit 2014 SWSP.docx • • t | ||2 !!!»d!!!!!!! 9 | � ` a || | ling 1t5|!!I 7 ||f2! ||I||a =, T, , ; , $ IP III ||| ! | !!� § 93 f|I| \\ }s ; ; „ ; | 2 )1f9l9ig ,! ? | , |E! !!! !, !, !■| § | 7 | • t!2!||!9!!!!!| f 4 1 | ||E US ! ! MUM ! ! i K | ! I ijJl!! 2u R! $ | ! 1 | ! , ! { |$| ||h!|| | 1 | | 01 | || f ' ' ! |! ||Rla!!|!§§ ! n t | �l|\i I �| ! 2 1111122113t22223 1 I ;`inf!! ` ) V | | |7|l}`!|!!Ii'\ |} � f $ | f!D| ; 6lRl2 ! ! i $|t k||sza}}ei , 9 ( 5 i | |ii|||!|I||| l |||||I||!! ||| �| !■2E;;;Easa;«EE • • WATER LEASE AGREEMENT (GRAHAM DITCH)This „...\aater Lease Agreement ("Agreement') is entered Into this RR day of (J 2013 by and between Loloff Construction, Inc., "Lessee' and GRAHAM DRAINAGE DITCH COMPANY("Ditch Company),'Lessor". RECITAL R A. The Ditch Company owns and operates,for the benefit of Its shareholders,the Graham Seepage and Drainage Canal and the water right decreed to that Structure In Case No.W-7818-74,District Court, Water Division No.1("Graham Ditch'). The Graham Ditch Is decreed as a developed water right for up to 2800 acre feet per year. The Graham Ditch originates In Section 27 of Township 7 North,Range 68 West of the fir'P.M.,Weld County,Colorado and I.capable of delivering water to the Cache Le Poudre River at two points In Section 38 of Township 8 North,Range 88 West of the 6th P.M.,Weld County,Colorado. B. Lessee intends to operate and administer a Substitute Water Supply Plan ("SWSP"). Lessee desires to lease water temporarily from Lessor until Its permanent sources of augmentation water are in place. C. Lessor Is willing to lease to Lessee water delivered from the Graham Ditch to the Cache La Poudre River, and Lessee desires to lease such water, in accordance with the terms and conditions of this agreement. AGREEMENT Now,therefore,In consideration of the foregoing recitals,and mutual covenants and agreements herein,and for other good and valuable consideration,the receipt and sufficiency of which Is hereby • acknowledged,the parties agree as follows: 1. Lean Lessor hereby leases and agrees to provide to Lessee up to 13.4 acre feet of fully consumable water from the Graham Ditch(the°Graham Ditch Water)according to the monthly schedule below,subject to the limitations,terms and conditions stated herein. AU v has M 00 2014 Apr May Jun Jul Aug Sep Oct Total 1.7 1.8 1.9 2.0 2.1 2.0 1.9 13.4 2. Befit. Lessee shall pay Lessor S50 for each acre foot of fully consumable Graham Ditch Water that Is made available to Lessee in accordance with the measurement and delvery terms set forth In Paragraph 3 of this Agreement and approved by the State Engineer for consumptive use in the SWSP. Within five(5)days following the end of each calendar month,Lessor shall provide Lessee with a written statement indicating the total number of acre feet of Graham Ditch Water made avalable to Lessee for replacement and augmentation use during that month. Lessee's payment shall be due no later than twenty(20)days following submission of the bill. Lessee shall make an rental payments to the Lessor In care of the Ditch Company, and the Ditch Company shall be responsible for distributing such payments amongst its shareholders according to their pro rale share. 3. Measurement and Delivery. The point of delivery for the Graham Ditch water leased pursuant to this agreement shall be to the Cache La Pouch River at the point where the East Lateral of the Graham Ditch Is capable of delivering to the Cache La Poudre River in Section 38 of Township 8 North,Range e8 West of the 6th P.M., Weld County Colorado. Lessor shag make dally metered measurements of deliveries of the Graham Ditch Water and shell provide reports of such deliveries to Lessee on a westuy 1 of 3 • • be enforced in an action for specific performance,Injunctive relief or damages in the District Court,Weld County,Colorado. 12, Headlnon. All paragraph headings used are for the convenience of the parties and shall have no meaning In the Interpretation or effect of this Agreement 13, N9jtigln. All notices end other communications under this Agreement shall be In writing.All such �1 notices and communications and all payments shell be deemed to have been duly given on the date of service,If delivered and served personally,or served via facsimile(with respect to notices and communications only)on the person to whom notice is given,or on the third day after mailing,if mailed to the party to whom payment and notice Is to be given by first dims mall,postage prepaid,and properly addressed as follows: Leases Lessor Loloi Construction,Inc. Graham Drainage Ditch Company P.O.Box 518 231317 Street Kersey,CO 80844 Greeley,CO 80634 (970)396.1994 970.362-4980 970.352.0038,fax Executed to be effective as of the date set forth above. LOLOFF CO f RUCTION.INC. By: STATE OF COLORADO) • )� County of Weld ) The foregdn Agreement was acknowledged before me thlsal4day of net 20 13 'WITNESS rilylgnd and official seal. ••••• - GRAHAM DRAINAGE DITCH COMPANY • By: STATE OF COLORADO) SS. County of Weld ) The f9[ g ng agreament was acknowledged before me this_Lis_day of [Or l-ob-r,20 f 3 by • WITNESS my hand and official seal. JUUE°TONE NOTARY PUBLIC STATE OF COLORADO 3 of 3 Nay commieslan Expires April 4,201e • 11/19/2013 10'56 FAX 8703784823 Loloff Const Inc ®000s/000s • WATER LEASE THIS WATER LEASE is by and between Loloff Construction, Inc. ("Lotoff") and the Platte River Power Authority ("Platte River") sometimes collectively referred to as "the Parties". WITNESSETH WHEREAS,Platte River is a pity to an"Agreement for the Reuse of Water for Energy Generation", ("Reuse Agreement")among the City of Fort Collins ("the City"),Water Supply and Storage Company,and Platte River dated August 10,1978;and WHEREAS,the Reuse Agreement,among other things,conveys to Platte River the right to receive reusable water delivered by the City;and WHEREAS,Platte River is a party to an Agreement("North Poudre Agreement") with the North Poudre Irrigation Company ("North Poudre") dated November 15, 1979 and amended on September 10,2009,which grants Platte River the right to convey waters through North Poudre's Fossil Creek Inlet and to temporarily store waters to which Platte River is entitled in North Poudre's Fossil Creek Reservoir;and WHEREAS, reusable water available to Platte River is used primarily for cooling water • for the Rawhide Energy Station, but Platte River may have, from time to time, surplus reusable water temporarily available in Fossil Creek Reservoir;and WHEREAS, the Platte River Board of Directors, in Resolution No. 13-12,has authorized the"lease or rent,for a term up to one year,any unused water which Platte River may receive through the Reuse Agreement to entities within Colorado Water Court Division 1: (a) First, with equal priority, to the municipalities of Estes Park,Fort Collins, Longmont and Loveland for their use or use in their water lease programs; (b) Second,to other entities within Colorado Water Court Division 1.";and WHEREAS, Loloff wishes to lease such water for delivery January 2014 to December 2014;and WHEREAS, the water department staffs of Estes Park, Fort Collins, Longmont, and Loveland have consented pursuant to Resolution No.13-12. NOW THEREFORE, in consideration of the mutual promises and covenants of the Parties hereto,it is agreed as follows: • 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 fall 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 Div1Accounting • 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 a. 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);Qr 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 Qaily 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 • • 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: "PlanWDID YYMMOD" where: PlanWDID is the WOID assigned by the division engineer's office YYMMDD corresponds to the date the accounting Is submitted. As an example,the assigned WORD 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 engineer 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 rale 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 • • Citvof Grecley Great.From the Ground Up. November 24,2014 leoloff Construction,Inc. 801 8h Street,Suite 130 Greeley,CO 80631 RE: Augmentation Water Rental for Loloff Construction,Inc.(January 2015-December 2015) Dear Loloff Construction Inc., The city of Greeley ("Greeley") accepts Loloff Construction, Inc.'s ("Loloir) augmentation water rental request for January 2015 through December 2015. Greeley will make available to Loloff wholly consumable water that has been changed for augmentation use at one of the following locations: 1)in the Cache la Poudre River immediately below Greeley's existing wastewater treatment plant outfall; 2)at the outlet of the Flatiron Reservoir Nos. 1-5 (aka Poudre Ponds at Greeley); 3) at delivery stations from the Greeley Canal No. 3; or 4)at such other point or points Greeley chooses by giving written notice to Loloff OR in the Cache la Poudre River at delivery stations or release structures owned and operated by Greeley or available for Greeley's use where Greeley has augmentation water legally and physically available. • Greeley anticipates making releases from its wastewater treatment plant outfall located on the Cache la Poudre River. If Greeley changes the point of delivery, it will provide written notice to Loloff. The request totals 12.75 acre-feet and replacements will be made per the schedule provided by Williams and Weiss Consulting: Loloff Atiarsatatioa Requirement(acre-feet) Jan-I5 I Feb-15 Mar-IS Apr-IS May-15 Jun-15 Jul-15 Aug-IS Sep-15 Oct-IS Nov-IS I Dec-15 Total 1.75 j 1.75 1.75 1.5 0.0 0.0 0.0 0.0 1.0 1.0 2.0 I 2.0 12.75 The current rate for augmentation water is 51,000/acre-foot, for a total of$12,750. Please follow the directions on the attached invoice. The payment is due by January 1,2015. Please be aware that it is Loloff's responsibility to receive necessary approval to use the rented augmentation supplies provided by Greeley. Any transmission losses charged by State water officials will be the sole responsibility of Loloff. If you have any questions,please do not hesitate to call me at(970)350-9240. Water and Se+.ar Department s 1100 10th Street,Greeley,CO 00631 • (970)350-9811 Fax(970)350-9905 • We promise to preserve and improve the quality of life for Greeley through timely,courteous end cat-affective service. • Dry ofto"..-" Greeley° • Great.Flom the Ground Up. Sincerely, ^ t Danielle Parot Water Resources Analyst, Water and Sewer Department,City of Greeley Cc:Paul Weiss,Williams and Weiss Consulting • Water and Sewer Department • 1100 10th Street,Gtale c CO 80631 • (970)350-9811 Fa:(970)350-9805 • We promise to preserve and improve the quality of life for Greeley through timely,courteous and cat-effective ant • Williams and Weiss Consulting, LLC 5255 RonaIA Reagan goulevarcl.Ste. 22O Johnstown.CO sO5}4 December 17.2014 Tracy Kosloff State Engineer's Office 1313 Sherman Street, Room 818 Denver.CO 80203 RE:2015 Substitute Water Supply Plan(WDID 0302524)for the Loloff Construction Inc.'s Loloff Gravel Pit DRMS Permit No. M-1985-112(WDID 0303012) Dear Ms.Kosloff. Williams and Weiss Consulting.LLC(W WC)is submitting this Substitute Water Supply Plan (SWSP)application on behalf of the Loloff Construction Inc. for the Loloff Pit sand and gravel mining operations.This SWSP submittal addresses the projected depletions from the Loloff Pit for the period January I.2015 through December 31.2015.A check for the processing of this SWSP submittal of 51.593.00 is attached. Loloff Construction. Inc.is submitting an amendment to the DRMS to amend the existing permit M-1985-112 to include some additional mining area within their existing property as well as changing the final reclamation to lined pit storage. The amendment will be submitted next week to the DRMS. • Project Description: The Loloff Pit is a gravel pit operation located in the SE 1.'4 of the NW 14 of Section 4,Township 5 North.Range 65 West of the 6'h P.M..in Weld County.The location of operations is shown in Map I attached to this letter. Mining operations for 2015,as well as operations from previous years,will result in depletions to the Poudre River near the Ogilvy Ditch headgate caused by evaporative losses from a de-watering trench as well as operational losses from dust control and water retained in material removed from the site. Map 2 is a site map developed from a survey conducted in November of 2014. Material removed from the site will be in a de-watered state and will not be washed.The amount of material mined on a monthly and annual basis is based on market conditions.The projected sand and gravel production for the January through December 2015 timeframe is 500.000 tons. The use of water for dust control is expected to range from 2.100 gallons to 5,600 gallons per day.depending upon weather conditions. At this level of annual sand and gravel production.the life of the gravel pit mining will be 5 to 7 years. Dewatering at this site will produce delayed depletions to the stream system.As long as the pit is continuously dewatered,the water returned to the stream should be adequate to offset the depletions.thus dewatering is required to continue during the term of this plan.Once dewatering at this site ceases,the river will experience a net depletion as the pit gradually fills.At least three years prior to completion of dewatering.a plan will be submitted that specifies how the post pumping dewatering depletions(including refilling the pit)will be replaced. in time, location. and amount. WWC Water Resource [.ngineer ng • • Water Usage and Consumptive Use: The consumptive use at Loloff Pit is comprised of losses from evaporation,water retained in sand and gravel removed from the site,and water used for dust control.As the Loloff Pit will be continuously dewatered,no water will be lost to the stream system due to an intermittent fill. Evaporative Losses: The total exposed groundwater surface within the Loloff Pit for 2015 is 1.52 acres.based upon a recent(November 21,2014)survey. Exposed surfaces consist of the dewatering ditches on site. Table I provides monthly evaporative loss calculations for January through December 2015. Water Retained in Sand and Gravel Removed from the Site: Loloff Construction Inc.is projecting the removal of 500.000 tons of sand and gravel over the course of 2015.The sand and gravel will be removed in a de-watered state and will not be washed.as the primary use of the material is for road base. Per the Colorado Division of Water Resources General Guidelines for Substitute Water Supply Plans for Sand and Gravel Pits,the sand and gravel removed this site will have a 2%moisture content by weight,and the 2%will be charged in losses because the moisture is from a ground water diversion.Table 2 provides the monthly consumptive use calculations for January through December 2015 based upon projected production levels. Monthly reporting to the Division of Water Resources will include sand and gravel production for all material crossing the scale leaving the Loloff Pit.with corresponding water consumption. Dust Control: • Loloff Construction Inc.will use a water truck for dust control at the site. While actual use of water is dependent upon weather and production activity,the projected daily usage is between 2.100 gallons to 5.600 gallons per day. Table 2 provides the monthly consumptive use calculations for January through December 2015. Lagged Depletions: The IDS A WAS Model(version 1.5.84)was used to calculate lagged depletions to the Poudre River.The model was executed in Effective SDF mode-using a stream depletion factor of 60 as obtained from plate-6 of yydrogeologic characteristics of the valley-fill aquifer in the Greeley reach of the South Platte River valley.Colorado(Hurt and Schneider. 1973. USGS Open-File Report: 73-124)as shown in Map 3 attached to this report. In addition to the projected depletions for 2015.past depletions back to January of 2001 were used as inputs into the model. Replacement Water Supply: The replacement of the Loloff Pit lagged depletions will come from two sources:yield from one share of Greeley Irrigation Company(GIC)and a lease of wholly consumable supplies from the City of Greeley. The share of GIC owned by LolotTConstruction Inc. is certificate no.3391. As part of the share acquisition. lands historically irrigated under this share will no longer be kept in production. effectively removing approximately 8.5 acres of land from production under the Canal No.3.as shown in Map 4. In communications with the GIC. it appears that the deliveries on yield can be requested at either the 16'"Street or F Street augmentation stations. Historical yields on GIC shares have been established at 10.3 ac-ft per share as part of 96-CW- 658(Poudre Prairie case)and confirmed is subsequent GIC change cases.Case 06-CW-040 further specified the distribution of yield on a GIC share between direct flow rights and releases WWC Water Resource i__ngineenns • • from Fossil Creek storage.The Poudre Prairie decree established formulas for calculating surface return flows obligations and subsurface return flow obligations for use of GIC direct flow water and Fossil Creek Reservoir water. Projected monthly yields and return flow obligations for the share of GIC to be used in this S W SP are provided in Table 3.Return flow obligations in excess of the monthly yield will be met with leased wholly consumable supplies from the City of Greeley. Monthly reporting to the Divison of Water Resources will be updated with actual yields designated by the GIC and return flow obligations will be recomputed as needed. Loloff Construction Inc.has entered into a one-year rental agreement with the City of Greeley for the use of 12.75 ac-ft of wholly consumable supplies deliverable to the lower Poudre River at locations defined in the rental agreement(attached). A monthly water balance has been developed for all depletions and replacements.as shown in Table 4 and is proposed to serve as the template for the monthly accounting to be submitted to the Division of Water Resources. It is anticipated that the augmentation deliveries from both the GIC and the City of Greeley will occur in the immediate vicinity of the Poudre River reach impacted by operations at the Loloff Pit.The Greeley waste water plant is approximately 0.42 miles upstream of the Ogilvy Ditch headgate and the 16i°Street augmentation return is approximately 1.8 miles downstream of the Ogilvy Ditch headgate(distances based upon Figure 4.1.South Platte Water Conservation Project —Poudre River Operation and Exchange Model. 1996.NCWCD) Long-Term Augmentation: The Planned reclamation of the site is lined pit storage by constructing a slurry wall around the mining area.The exposed water surface associated with the reclaimed reservoir will be • approximately 40 acres.As a slurry wall will be constructed around the mining area,there will be no long-term evaporative losses of groundwater from exposed water surface at the site.It is not currently known when the slurry wall will be installed at the site.There is no pre-1981 exposed water surface at this site.Currently I share of Greeley Irrigation Company(Certificate 3391)and I share of New Cache La Poudre Irrigation Company(Certificate 4635)have been dedicated toward a future permanent augmentation plan and financial warranty has been provided to the DRMS in the form a letter of credit.The total financial warranty on file with the DRMS is 5689.552.00(See attached letter from the DRMS). Sincerely. Paul Weiss.P.E. Principal Williams and Weiss Consulting WWC Water Resource [ngineenng �_.-. ...a...i._. .�. �..-.. i i i t....... i:_ i. .. I a :f if. o 1..i 1/ i i I;, # i1II I !i1111 • i i I I !+t 1 11 . { ._. -5- 5- - i i I i I + :i'4 , 1 o S .�:�•'u r-----••--•--.. •r, - t ! ot f • . -_ :t 1'. 213. ' µ, i 1 i i I. 1 ! ii i C -- • Al1 i 1I+l1 • l 1 1� __ i.« % 1, i ic tit; • ) o 4 E . - ' n ` ii D'' f iikl{. C •f .t ter.' • . _rV _ e �.__. f...• I 1 ,j� it��l L� :z 3 IP Map 2. Loloff Pit Site Map • II r. •_• I51ffirr IS I it • O. j DITCHESRI Wi�Vrr t PIT rr� e \- i OPEN WATER • abils AREA = 1.52 ACRES I • SP i• an 11111 1 Ass athr — — — 303 200 D m MINING BOUNDARY �_�_ IDEWATERING DITCH Wail de Per • N r s Et V J&T COWttiMI ,at. Loloff Construction. Inc. ! Dews D Loloff Pit n.r i + te X%De a fed tgen.CO KW Mining Conditions s a. - 5,c. )03-1574222dee 1 Y 1 WWC Water Resource Engineering • y # ■ e « a• ( ei .44 . 22w + = ) ! ■ 9 ) } k § § § §; lcoo z a , f } - i ■ ) § . » | ) # m@m } � . ffi \ , d } & e ; { ! ! « { ) ne { k ) kK | / "6 § "6 "6 "6 # 5 | i ! ! ! ! ° ° ! z & ! ° ' % « X3 ! # ■ # n '51 id ra ci W ti. " 2 ° ° E ! 8 a;§ § .0, � , -J , ci ® ! ! / i # @@ # - ! ° ° - - Odd § # ■ # n k . eci d . § . ! \ /® , z8 -• dd ; z. I. lEdd . § To T. ! § 2 $ I# m # m « AdCid | , iird i "6 § 533 ! ■ ; ■ r ) , d ; ; { §• g. a 3K , , , Emo � `ci 15 m k ! 2 * ` - .) • | ! § § ! m ! / 7 ® q2 I it ` ~ ° i L. Es• ) /$ : �• � TZ g cc } et 3 } : ® ) * } a ro J P } . k1} = - } \ \ \ ) < . | ! ! & • - In \ ° t cc Ia . :4 'C � � • | | _ ! ! | ` / Lotoff Pit GIC Yields and Return Flow Obligations WLa.d W.a Canat++t,LLC Table 3 Submitted by: Paul Weiss,P.E. 5255 Ronald Reagan Boulevard,Suite 220 Johnstown,CO 80534 Direct Flow portion return flows Fossil Creek portion return flows Net diversion c.u. , surf sub balance diversion cu. surf sub balance Balance JAN 0.00 0.00 0.00 0.33 -0.33 0.00 0.00 0.00 0.02 -0.02 -0.35 FEB OW 0.00 0.00 0.32 432 , 0.00 0.00 0.00 0.02 -0.02 -0.33 MAR 0.00 0.00 0.00 0.30 -0.30 0.00 0.00 0.00 0.02 -0.02 -0.31 APR 1.12 0.58 0.26 0.28 0.57 0.06 0.04 0.01 0.01 0.03 0.61 MAY 2.98 1.55 0.71 0.33 1.94 0.16 0.09 0.03 0.01 0.11 205 JUN 3.16 1.65 0.75 0.39 2.02 0.17 0.10 0.03 0.01 0.12 215 JUL 4.09 2.14 0.97 0.43 26 0,22 0.13 0.04 0.02 0.16 2.86 AUG 3.53 1.84 0.84 0.45 2.25 0.19 0.11 0.04 0.02 0.13 2.38 SEP 2.23 1.17 0.53 0.45 1.26 0.12 0.07 0.02 0.03 0.07 1.33 OCT 1.49 0.78 0.35 0.43 0.71 0.08 0.05 0.02 0.02 0.04 0.75 NOV 0.00 0.00 0.00 0.39 439 OW 0.00 0.00 0.02 402 -0.41 DEC 0.00 0.00 0.00 0.37 -037 0.00 0.00 0.00 0.02 -0.02 -0.39 TOTAL. 18.60 9.71 4.41 4.46 9.73 1.00 0.59 0.20 0.21 0.59 10.32 1)historical consumptive use on direct flow component of GIC share is 52.2% 2)historical consumptive use on Fossil Creek component of GIC share is 59.0% • 3)monthly GIC return flows calculated using Appendix A-2 of 96-CW358 from Appendix A•2 of Poudre Prairie Decree RBTUWl1 ROW OllUGATioN Factors DIRECT FLOW WATER FOSSIL CREEK WATER surface sub surface sub JAN 0.237 0.018 0.201 0.017 FEB 0.237 0.017 0.201 0.016 MAR 0.237 0.016 0.201 0.015 APR 0.237 0.015 0.201 0.014 MAY 0.237 0.018 0.201 0.013 JUN 0.237 0.021 0.201 0.012 JUL 0.237 0.023 0.201 0.015 AUG 0.237 0.024 0.201 0.024 SEP 0.237 0.024 0.201 0.025 OCT 0.237 0.023 0.201 0.021 NOV 0.237 0.021 0.201 0.02 DEC 0.237 0.02 0.201 0.018 WWC Water Resource F ng nccnng 0 • •e t M ^ 1, c l t 4 I s w tx _" tea! • Air ....\,..ti,r_T., I *4" a �°I let j iitir ' 04 ! - \ S a _ ��' .- 1 . xZ, .. ._.„........ .......... /j'' . J.& a i x- x at / + _ 8 ::4 -..^— . r' I t 4 _ i i s�.. � �~ tip— ' !N �.• . I •♦ .q • y} , .. X17 S r T z e ' a i a v •.• L i..vk+yyiyy 3��iR__yyM ��" �4" �,�`yyy�,^��ipp� 14 -. Yi+iOE et il ; 7_"4); '''''ar 4A r- ... 4 ... %.,. _ • SCHEOPNER DRY UP AREA EXHIBIT N SECTION If TOWNS.S NORTH Roane ITN PIINOPAL Ma* MILD COUNTY.COLORADO 2IPI SWUM M T OMELET.COLDRWO N erIr3r c mIC u N18 4Tv..200 IOW i �. bit Ntr. pt__ _- � ._ tN6 322ar �6 '.7 • $Ii n < N era c me P. oRY4PARCA2 e.3S AGMR 8 DAY-UP ARCA 1 W • 3.PO ACKS IS $ s . IR N WNW I '$ wIt : DeTr Pia AKA B 81 aI4rlr- aro.or away v. aaaY EAST 24TH STREET DRY-UP AREA 1 130.679 SQUARE FEET 3.000 ACRES. +/- DRY-UP AREA 2 230,868 SQUARE FEET 5.300 ACRES+I- AREA CALCULATIONS DAM ON NFORSIATION PROM WENT.MO NOT M RENA.TS or AN ACTUAL PC 5EPlVCT TMOMADia0 0URYCT NG:LC 2091ITN MUT ROAD SUIT[24 ICI O1 OKCLCY.COLORADO 9WM DATE Or PRCPM1ATION FEBRUARY 5.2014 Malin OM D04091L PROJDCT 0CNCOPNCR DRY UP COUNT Map 4. Dry Up Exhibit • WWC Water Resource Lnginccnn4 0 .@, § 4a—do00o0f0 ! | ! 5 ! } i ! ! «= K@m518888888 ; ! —.4 . . . od , ci - � ) w - - / § , O 0 � . ■ m e ! O .., . , ! ! 2 ! ! ! § ; § § ! " ( 2 } ; ; 1 ) $ ! ; » - ! « -@q ; 2e2 « m@d ; | ® i1 0 . _ ! — dci ` . � . d i ! | e w I ! 3 .4 -dd | ! ! § ! 5 ! 5 | | @ a & — } $ r-eR . = , , GP- Ra , ; - � ! \ _ .4 .4 ..4 • . 22 , \ • : \2 | ® ! ! ! ^ § ! § ! § m4 2248 = g « ■ ■ ■ ■ 8 ■ ■ a . me 2721— d. 00000000000 ` ` ` TW „ ■ „ ■ , 4em | ) f $ — mg c | SUC — tt § | § § | | | $ 7 $ ( tiC c a § _ — ; , . ■ n ■ 2 , ■ ; , = ; — ! k— 000aod � do . , - - | i —I : | ! . , 2 § — e 2 ! ! i « _ , , � , � � " � � m , _ v - I .cs \ } / ! ! l � . eee � � < � / - u--- "Ea = m0 - 2 % , / ; | 0042 ) § { k ) ° & 5 ! gZ -0000a00000do2 f ' fiLI ` ' � ! ! ! | ) k | !! ' > k > ! 7 \ (}} k § kk � . _ � , � � ` ` \ : & , | ; ! E ! � a t \ k - - 4,A z ! § # } \ ) ] 41 | k z aa = a = _ i • EXHIBIT H WILDLIFE INFORMATION The Loloff Pit is an operational mine,there is no wildlife affected by this expansion. There currently are no trees or vegetation that would provide nesting areas for migratory birds,there are no signs of burrowing animals,as well as, no sign of migratory land animals. • • EXHIBIT SOILS INFORMATION Based on information verified in the field with drilling and lab testing,the site has an average depth of 6 inches of topsoil with an underlying layer of overburden material that is approximately 10-20 feet thick with sand and gravel beneath the overburden. The thickness of the sand and gravel is approximately 35-45 feet thick and has a weathered claystone material beneath. The particle size distributions for the test samples showed there was minimal fines content in the overburden with the vast majority being classified as sand with gravel. Under the Unified Soil Classification System,the overburden is classified as an SM-SC or a silty/clayey sand and the reserve under the overburden is classified as an SP-GP or a poorly graded sand with poorly graded gravel. Drilling for this site was completed in 1985 for the original mine permit and reserves verified in 2014 with the drilling of three additional holes. • • • EXHIBIT J VEGETATION INFORMATION Based on information verified in the field,the active mining operations have cleared and grubbed the existing vegetation. There are isolated areas of native grasses and small low profile shrubs outside of the mine permit boundary being proposed with this amendment. There are a couple of cottonwood trees with an estimated height of 20-30 feet outside of the permit boundaries from the original mine permit issued along the west property line. Other than some native grass that exists on the north slope of the amended area,there is not any vegetation that will be impacted with this amendment. Based on current observations,the native grasses appear to establish themselves very well in arid soils with minimal topsoil or fines;therefore, it is intended to use similar native grasses in the reclamation of the disturbed areas. • • EXHIBIT K CLIMATE INFORMATION The Loloff Pit is located in Weld County just east of the City of Greeley. The climate for this area is an arid climate with an annual precipitation of 13.3 inches. The average snowfall for this area is 30.9 inches. There are an average of 240 sunny days per year with an average July high temperature of 89.6 °F and an average January low temperature of 13.5°F. Attached is a copy of historic data and trends from the Colorado Climate Center of Colorado State University. • • Data Access • Colorado Climate Trends Page 1 of l blur r r Ira) f' r I _ Imo` ;I1uiutb .trwiti; ikon l: J !Mlfrr€o.t, ;fln;a:s ,4rntior 1 :lis.; 1 MIA 1 sttuiij.ahV1. t:Ntin :,,rtraco C-Orrtftit Cr.- s ;4mate T,•rnc s data -cxs> Soarers byGoogle FortCollins __••�� {�� yj�y �� y ��••J.1' •.�''N- yt.MV RM.L I )Z�lYY" •tY • •c -;ES/aill Said Station and Time Range Plot Current Station Total Annual Precipitation • 1889.2014 Fort Collins - - - Fort Collins • Station 5300€ Station 53005 Data from 1889 to 2014 Gat Station info $ea or+ 1 o2 23n Data Type and Time Range Select Data Type =` - LTotal Monthly Precipitation v Starting Year 1889 I Ending Year 2014 :0r - :4.a : CLY" Plot Options Is.., Select Data Frequency !Yearly Average (Jan - Dec) v Update Plot ton 2 Show months with up to 9 days missing Debug Mode View this with the Old Plotter 489 1899 1909 1914 1929 199 1949 1989 1999 1979 1989 1994 2009 Raw Data Options Select Data Format Show Formatted List & Summary v. Image Options Get Raw Data � , ;,.nn- ia +I,.,.. a •7••M �i'Jn �1 n) �'�•�! l ".o ac or. - max .rue s ;Janata {ronat ) C'ala 'access CIPOrt,0 :-amid" :star • .r.=-24-X.,.• -r- ;tta1 T- . ' -=s-fa • ;. --q-• - - -a- _-••—t • 3: zt�ra :t: " c n• tN • ;a_.s-r Sea r r— Copyright O CCC 2007.2014•Ad fl$tt retar.sa• NO portion of wt ma may DO Coin Of rspro u d wttto,•t exO•ass *ratan per*muHon ( nhemity Site tact updaeao Darter 19. 2009 • Contact the Ca;o•aoo Carats Cantor• i' . _-, , _ - C http://climatetrends.colostate.edu ct access'?plot= 1 &station=53005&elem=TPCP&vrben= 11)/4/11114 Data Access • Colorado Climate Trends Page 1 of 1 i! _ DIL 1- r1r /J t I i r r i l i i- r l" i• r i r ;litut,tt; 'Trion]; Hume l f;ub'r,:h, r;llut re ;;utt I ti B4I t/ M I Aum;ielr: :1.n Qrnorgo0 C;uroite Centel . Climate Trena4 a Qat; Actes1 I Seams" by Googte Fort Collins Climate T?etas 54ttor Mat I j;rn on ,r\ 1 Data Accost I r ' •o - 'rettlQlrcga I _- Station and Time Range Plot 1 Current Station Average Minimum Annual Temperature • 1889-2014 Fort Collins '-a' a _-ar_- Fort Collins • Station 53C3c Station 53005 I Data from 1889 to 2014 I Get Stance, ,nto ; See on MaQ AC' F - Data Type and_Time Range r8 F Select Data Type NII , Monthly Mean Minimum Temperature vl Nit t3r' F _ Starting Year 1889 I Ending Year 2014 ! if S 4/4\i;A IVI/ r 24` F - t ' ( r » 1 � � � Plot Options 1 4 4 ,t , �`•Select Data Frequency F IY t� Yearly Average (Jan - Dec) viLUpdate Piot 1 ® Snow months with up to 9 days missing' ; Deoug Mode View this with the Old Plotter 28' F '549 19C: 1917 1921 19`` Ulla 197! 10 7 2001 Raw Data Options Select Data Format Image Options Show Formatted List & Summary v, Get Raw Data I iiir es --_ * - a^ 'on co ID tag I CoiprIps Cingte corner a agnate Tronut a caahrana— O . I T , 0 ;laprad0 ,C .-re :t r+tr c• _ ^ern .e -.--_•_e .. awry.._ - -at-s .-:. e•t• ;ee a---r• -, ----owl rt Sergi• - ya : .-d 'd - Alit ,pr at.•a Mr-- •. C•wr-e-• cST r Sair-�-. e ty-e I t Copyright O CCC 2007.2014•Au note reserved • No portion or tn,s site Tay De toped or twoouc•i wiltout express*Men permission alhtclak). Ste cast update0 December 19 2009•Cm=the Cotoraoo climate Carter • . : --v_ i :::•‘-: • a --. - 4t-a to http://climatetrends.colostate.edu/ct access''plot= l St:station=53005&elem=MMNT&vrbes:... 12/4/2014 Data Access • Colorado Climate Trends Page 1 of 1 CiolururiD rill I f f I , I f f' rab f i f ;Ilututi frwntl; atom: ;ultinit1, Wiiuut tCialtsr I ta;.cs I 'i'l U 1 nuut ti ris ;In„ Cazglaw CMmate yenta i ititmate T renal * flats Acesc Swcn oy Gooae Fort Collins C i ,`a;2 Tern 5tattan Ma I Ctat.4.- r-•- j pate Access i v - Qerc-r-24 I +sea Station and Time Range Piot Current Station Average Maximum Annual Temperature - 1889-2014 Fort Collins a-L;L;sst,-..az Fort Collins • Station 5300E Station 53005 i Data from 1889 to 2014 i Gtt Staniar Irk) Zee on Mao 70' F - Data Type and Tine W F.. Select Data Type Monthly Mean Maximum Temperature v I I Starting Year 1889 t Ending Year 2014 c k 1 i I; 8s F- 1 M Is i :: : requency D „ i l I 62' tr. �l �t .t' I t + t } I Y � }� wl Yearly Average (Jan - Dec; H Update Plot 60' f y 1 t t Y V ® Show months with up to 9 says ,missing? Debug Mode t t F I View this with the Old Plotter I `-e F • • . ` 188i 1903 1917 1931 194f 100 1973 1907 2001 Raw Data Options Select Data Format Imago Q Lions (Show Formatted List & Summary v Get Raw Data I ___e --__ _ I s foray- re tow aid 'tlarsi .:FED 7= 2t ;rte 11;otoraoo ,:..rrare :erre a C1mtSate 7rer:ott , ata Acres► • ./ or It i0'4'i:0 C..eta 2e'tr . -:l .ar ,� •s".'' :•R!!':•' . 'IV -'�'ar.-t• utia' �..)�_!. • idat• :_ 'CC ti�� - � - �..v"ate. •1�Je .r -re1' ^�..a -:C. c". S'_a'. —e— • . :7a^r. i.1tVr.. Ilk P•t r - Copynpnt O CCC 2007.2014 •AU norms reserved • No poruon or tots eta may be cepa:or r•proauceo wtewut express written permission . Ste tact updated Demmer 19. 2009 • Contact the Caorsdo Clones Center• ,A •-1.11_ t. :ii • :•et AU C http://climatetrends.colostate.edulct access''plot= l &station=53005&elem=MMXT&vrbee... 12/4/2014 • EXHIBIT L RECLAMATION COSTS The reclamation costs for the Loloff pit are broken down to a final grading cost,a re-seeding cost and a slurry wall construction cost. Attached is a breakdown of the cost for the entire site as was presented in the Loloff Pit Permit M-1985-112 Technical Revision No. 1. The re-seeded and regraded areas for the amended areas is negligibly smaller than the area used for the bonding calculations in Loloff Pit TR-01 for Phase 3 of the mine plan and does not impact the bonding calculations for reclamation in Phases 1 and 2. The revised bonding calculations for the slurry wall have been revised to include the amended areas and a total wall length decrease of approximately 40 feet. The attached bonding calculations show a reduction of$7,115 in the total financial warranty required. • • • JET Consulting, Inc. wlotr Construction etfacuoO ' wbaan 1222,2014 Reclamation Bond Quantitin and Cosa Bond Cale with 1 GIC Shan and/New Cadre Stan Bai try at UM Ousts Quassia Scarifying Ground S 200 raw RNpplying topsoil l2-tack $ 2.000 +acre Rtwegetaeng/SeWlrtg disturbed area 9 1.000 r acre Mobiiunon 9 2.500 lump sum Sam War Cent 9reakdean 10.50 n i]!R.51.70 h®Sarll l Stony WWI Coat(45 to 50 foot average depth) 9 135 I linear loot .toGPmtt.Con Liability insurance 1 55% of direct cwt Pedanance bond 1 05% of direct coq Pros 10.00% of direct mat Total Overhead Cost 1260% of direct cost Proed Maroaement Enpmanng and bidding 4 25% of direct mat Management and administration 5.00% of direct cost Total AGGaonal Cost o 25% of died cwt tetlM. 1 (5.8 acres)Musa that has 1 GiC share and 1 New Cache are,to cover prnawm aughwrlatron) IRaclwWien Operation Quantity Unit Unit Coat Cwt I ActiveWMmi=t&Milaano Famed Gmgmd Mow Aria? SOIrtfying Groats En Distorted Area • ac $ 200 Topsoil Pacertant in Disturbed Area - ac 9 2.000 Revegetea Disturbed Area - ac 9 1.000 • iio6Baaapa - b S 2,500 • Total Direct Cost Overhead and Pros Cost(12 60%) Contract Coat Prgact Management(925%) Total Required Hostclsl Warranty For Phan I S ot2 • III JoT Consulting, Inc. LolofiCo Construction Lea.2014 IMO 12/!21414Fill tIon Bond Quantities and Costs Bond Cale with 1 GIC Share and I New Cache Share aria Phan 2(15.4 acres)(Area that is exposed that weed be sealed by sorry wet) IRaelrlWlen Operation Quantity Unit Unit Cost Cost I Scarifying Ground in Disturbed Area-From Top of Slope to Outside of Slurry Wall 47 ac 6 200 S 933 Topsoil Placement in Disturbed Area -From Tap of Slope to Outside of Slurry Wet 4 7 ac S 2.000 $ 9.400 Revpiest°Disturbed Area -From Top of Slope to Outside of Slurry Wall 4.7 ac S 1.000 S 4.700 SI9mtA1Yl Slurry Well 4,062.0 IF S 135 S 548,370 Mobilization 100 Is S 2500 S 2,500 Total Direct Cost 5 565,903 Overlwd and Profit Cest(12.60%) S 71.304 Contract Cost S 637.206 Project Management(9 25%) S 52,346 Total RequiredFhuncla Warranty For Phaw2 S 909552 Pismo 3(35.62 ease)(Area Na a exposed but wood be stead by Slurry Wall) IIlaelanMbn opannoe Quantity Unit Unit Cost Cost 69g79Ga.dw Scarifying Ground in Disturbs!Area-From Top of Slope to Douche of Slurry Wall 6.8 ac S 200 S 1,350 • Topsoil Placement in Disturbed Area -From Top d Slope to Outside of Slurrydal 66 so $ 2,000 S 17,503 Revegetate Disturbed Area -Fran Top of Sops to Outside of Slurry Well 6.6 ac $ 1.000 S 8752 filliflaraii Slurry Wet 5.662.0 IF S 150 5 882,300 .damn 100 la $ 2,500 S 2500 to Direct Cost S 906405 Overhead and Profit Cost(1760%) S 114,207 Contra:2Cost S 1.020,612 Project Management(9.25%) S 63,642 Additional Financial Warranty RpWred forPaNs 9 $ 414902 Total Financial Warranty RsqWed For Phase 3 $ 1,104455 2 oft • • EXHIBIT M OTHER PERMITS AND LICENSES There are not any additional permits or licenses being sought as this amendment will not go outside the limits of the Use by Special Review approved by the Weld County Commissioners for the mining operations. The inclusion area to be mined with this amendment does not impact any environmentally sensitive areas and will not create any adverse conditions to the existing permits,namely air permits and water quality discharge permits. This amendment will not increase traffic flows or change traffic patterns. A copy of the Loloff Pit Technical Revision Number 1 has been attached for your review as a supporting document to the entire amendment application. • • STATE OF COLORADO • DMSION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources 1313 Sherman St.Room 215 COLORADO DIVISCOLD ON Or Denver. r�r 60203 RECLAMATION Phone:(303)866-3567 MINING FAX:(303)832-8106 SAFETY April 1,2014 'loan Mi°'a doper Governor Mike King Don Loloff Exewkw dreclor Loloff Construction,Inc. Lorena Meal P.O.Box 518 Director 206 Hill St. Kersey,CO 80644 Re: Loloff Mine,Technical Revision Approval,Permit No.M-1985-112,Revision No.TR-01 Dear Mr. Loloff: On April 1,2014 the Division of Reclamation,Mining and Safety(Division/DRMS)approved the Technical Revision application submitted to the Division on July 2,2013,addressing the following: Mining and Reclamation Plan revision to dry mine(dewater)site. • The terms of the Technical Revision No.1 approved by the Division are hereby incorporated into Permit No.M-1985-112. The revised financial warranty amount of$689,552.00 exceeds the$58,200.00 surety performance bond currently held by the Division. Please submit a rider or a new financial warranty per Rule 4.2 In the amount of$631,352.00 within 60-days(June 2,2014)from the date of this letter. The revision will not be final until the bond is approved by the Division. The commitment and conditions of the Division approval are noted below. Please note that all other provisions of Permit No.M-1985-112 remain In full force and effect. Commitment No. 1 Loloff Construction,Inc.will provide monthly groundwater elevation data for the surrounding groundwater wells and western Derr Pit piezometers In future annual reports. A trigger point of 2 feet change from historic groundwater levels was established as part of TR-01. The trigger point elevation must be Included in future annual reports. Stipulation No. 1 Loloff Construction,Inc.will purchase and decree to the Office of State Engineer(SEO)adequate water rights to cover the remaining 15.4 acres of exposed water in Phase 2 within 120 days from the approval date of TR-01. The 15.4 acres of exposed water surface in Phase 2 will require an additional 45 acre-ft(2.92 acre-ft per acre of exposed water surface). • and m Glace of Active Mined Lard of Denver•Grand Junetltn•Durango Inactive Mines • Stipulation No. 2 t.oloff Construction,Inc.will purchase and decree to the Office of State Engineer(SW)adequate water rights to cover the remaining 15.3 acres of exposed water in Phase 3 within 1 year from the approval date of TR-01 or post an additional financial warranty in the amount of$422,018.00 to cover the costs associated with installing a slurry wall for Phase 3. If you have any questions,please contact me at(303)866-3567 Ext.8124. Sincere Peter S.Hays Environmental Protection Specialist Cc: Tom Kaldenbach, DRMS Barbara Coria, DRMS J.C.York,J&T Consulting,Inc. 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APPROVE SITE SPECIFIC DEVSL000mT PLAM At Alan SPECIAL IR WN MKT POI AM OHM CPT SAND an MAUL OPRNTxON TO MIMS STOCQILING, BICYCLING AN PROCnSSIMG Of SNOISTIM MATERIAL (AURAL?AN COMMITS) IN TO A (AGRICULTURAL) BONE DtSTEIC? - LOWY CONSTRUCTION COMPANY. INC.. C10 ED town {IREAS. the Board of County Commissioners of Weld Canty. Colorado, pursuant to Colarmdo statute and the Weld Meaty Ilea male Chartar, is vested with the authority of administering the affairs of Weld County. Colorado. and M®LS. the Board of County Commissioners held a public hazing 0m the 5th day of July, 1992. at the boor of 10.00 a.m. in the Clambers of the board for the perpoee of hearing the epplieattm of toloff Canstrscti Company. Inc., elo Ed Loloff, P.O. Box 515, Kersey. Colorado *0444, for a Site Specific Development Plan and Amended Special Review Permit for an open cut seed end gravel operation to Include stockpiling. recycling and processing of demelltion material (asphalt and concrete) in the A (Agricultural) Zone District on the following described real estate. to-wit. Part of the Sit Nei end the si sir raj of Section 4. Township S North. tamos 65 West of the 6th P.M.. Veld County. Colorado MUMS. said applicant was rapresentad by Bob aryl*, Attorney, and WmXAS. Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit. and • WMOLAS, the Board of County Comaissioners beard all of the testimony and statements of those presant. has studied the request of the applicant and the resorondatians of the Wald Canty Planing Grassi nO all�e of e finds and evidmace presented in this matter and, having t this request shall be approved for the following resins' 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 54.4.2 of the Mold County Zoning Ordinance as follows, a. This proposal is consistent with the Veld County Comprehensive Plan's Mineral Resource coals and Miici4e, the Use Growth Boundary Aintree's and Policies, end the Transportation Goals and Policies. The Cempreheasiw Plea eareuragas the attraction of mineral resources vhn the mining plan promotes reasonable and orderly developamnt of tai mineral resources. 920610 n • 10/17/2012 13:07 FAX 9709784823 Loloff Countt Inc fm0006/0010 • SPICIAL StvIN PEWIT - 1.o1LPP CONSTRUCTION COMPANY, IBC. PAGE 2 T a Comprehensive Plan also ancourµei land-use devalopment proposals within an urban gbh boundary area as long as they confers) to the desires of the local land-use decision stating body. TM City of Orwln Planing Commission reviewed this request an May 26. 1992, and found that the request does comply with the City of Osueley's Comprehensive Plan. Tha Conditions of Approval end Development Standards will ensues that these seals and policies are art. b. The proposal is consistent with the intent of the Agricultural Zone District and is provided for as ans. by special review. C. Conditions of Approval and Development Standards will ensure compatibility with the existing rerronding laud uses which include agricultural production, rural residential. oil and commercialgas production, end commercial development. The use can M made compatible with the future development of the surrounding area as permitted by the C-i (Commercial) end S-1 (Residential) Zona Districts. d. The Special levier Permit site is located in the 100-year floodplain and the airport overlay districts. Spacial Review Permit Development Standards address the overlay district requirements. le other overlay districts affect this site. It. Spacial Review Permit Development Standards will provide adequate protection of the health, safety, sad welfare of the neighborhood and toasty. NOV, TurOts, BE IT SSWOCVPD by the Board of Chanty Casmissienars of • Wald County. Colorado. that the application for Site Specific Development Plan and Special lsviw Permit for an open cut sand and grovel operation to include stockpiling, recycling and processing of demolition material (asphalt and concrete) in the A (Agricultural) Zna District on the heninabwa described parcel of land be. and hereby it, granted subject to the following mutations) 1. The attached Development Standards for the Spacial Review Permit shall be adopted and placed on the Special levier plat prior to recording the plat. the plat shall be delivered to the Department of Planning Services gad be ready for recording in the Veld County Clark nod Recorder's Office within 13 days of approval by the Board of County Commissioners. 2. TM Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 920610 • 10/17/2012 13:07 FAX 9703784823 Loloff Const Inc x0007/0010 • SPECIAL =View PERMIT - LOLO►T COSSTIMICTIOU COMPAp1, IOC. PALL 3 3. Tha following note shall be placed on the Special Bevies Permit plat prior to recording; I OTgs The Mined Lend actuation Board has the authority to issue pemits for mining and reclamation activities. Activities related to mining and actuation aro, therefore. ender the jurisdiction of the Mined and Reclmatlem bath however. Weld County has jurisdiction of those matters outlined in the Development Standards. 4. Within 90 days of approval by the Board of County Commissioners; a. The applicant shall amend the existing road maintenance agreement with the Weld Canty Commissioners and the City of Greeley Public Works Deparment. The agrementa shall mitigate impacts of truck traffic generated on Balsam Avenue by the stockpiling. recycling. and processing of demolition materials and the gravel mining operation. b. Any required emissions permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust and odors. c. Adequate toilet facilities served by an individual sewage disposal systemt shall be installed. The toilet facilities shall be installed according to the Weld County Individual Sewage Disposal Regulations. d. Any required SIDES permit shall be obtained from the Water • Quality Control Division of the Colorado Department of Health andlor mended. if appropriate for the proposed operstims. at. A dust abatement plan shall be submitted to the Weld County Health Department for approval. The facility shell have sufficient equipment available to implement the dust control as required by the Health Department. This plan shall address the expected traffic voime, and set standards for control. 5. The applicant shall submit evidence of compliance with Section 44.4.10 of the Weld Canty Boning Ordinance regarding Insurance to the Department of Planning Services prior to the start of the send and gravel operation. 6. The applicant andlor operator of the sand and gravel operation Shall notify the apartment of Planning Services, in writing. when starting the sand end gravel operation on site. 920610 • 10/17/2012 13:08 FAX 9703784823 Loloff Conat Inc la 0008/0010 I • SPECIAL REVIEW TWIT - LOLOPP conflux-Ties °REPAST. INC. PAGE 4 the above and foregoing Resolution was. an notion duly nude and seteeded. adopted by the following vote a. the Ash day of July. A.D.. 1992. (/�� IOW Of COUNTY COINfISSIOIWS AtruuT: j t4/J VELD COOKY. COLORADO Weld County Clerk �//c/,o/the DTe /'p.c Ito th Ooaid Cn�fc L ora Natb 'Pr -Tan ( Depoty le CO the Constance L. NSVDe E PPrr;l"tfa� APPROVED AA TO POEllt • C. V. ty Attorney so is V. N. bs r • 920610 • 10/17/2012 13:08 FAX 9703784823 Loloff Const Inc a0000/0010 • $171 SPECIFIC mamma ma SPRCIAL SWUM ?LIMIT DEVELOPMENT STANDARDS LOLOPP comgmaDCriep cmoAmy ITC.. C/0 ED CALM MEDD MR-690 1. Tha Site Specific Development Plan and Special Review Permit is for an open cot sand and gravel operation to include stockpiling, recycling and processing of demolition meterials (asphalt and concrete) as submitted in the amended application materiels on file in the Department of Planning Services and subject to the Development Standards stated herein. 2. Approval of this plan nay create a vested property right persoant to Section 90 of the Weld County Zoning Ordinance. 3. Petroleum products and compressed flammable gases are hazardous substances per C.R.S. 29-22-107 (2) (a). Prior to the issuance of building permits, the applicant shall provide a list of the maxims• geantitiss of hazardous substances expected at the site and emergency phone lumbers to the State health Department. Division of Waste Management, the Weld County Emergency Response Coordinator, and the Western Rills Fire Protection District. Evidence of this listing and stgency these mashers shall be provided to the Department of Planning Services prior to the issuance of building permits. 4. Vehicular traffic shall ingress and egress onto Weld County Road 41.5 as shown herein on the submitted Special laview p1st. The haul route shall be Irma the point of ingress end egress eolith to Colorado Highway 263. • 5. The property amer(s) aodfor operator shall apply for a mall permit with the Division of Water Leeonrces to comply with C.R.S. 37-90-137. Prior to extraction of sad end gravel, a copy of the approved well parfait application shall be forwarded to the Department of Planning Services. 6. The Special teeter area shall be enclosed by a six foot chain-link fence with a three-strand barbed wire top. The fence shall be erected prior to beginning the sand and gravel operation. 7. Signs stating 'to Trespassing' shall be posted end maintained on the chain link fence at intervals of two-hundred feet (200'). g. The owner/operator shall maintain • fifty-foot (S0') setback from Salaam &venue in the mining operation. 9. Structures on the site shall not emceed ome-hoadred-fifty feet (150') in haight. in accordance with Airport Zone Height Limitations. Section 51.3 of the Weld County Zoning Ordinance. 920610 10/17/2012 13:08 FAX 9703784823 Loloff Corset Inc x0010/0010 • DIVILOPIOR STANDARDS - tOLOPP COataOCtla COMPANY. DC. PACS 2 10. No permanent disposal of wastes shall be permitted at this site. 11. Ptgltln dust shall be controlled on this site. 12. the maxim permissible noise level shall not exceed the industrial limit of 60 d/(A). as measured according to C.R.S. 23-12-102. 13. The applicant shall remove, handle. end stockpile ovarburdao soil. sand. and gravel from the facility area in a enter that will prevent nuisance conditions. 14. All operation on said described parcel shall be in conformance with the Weld Canty flood Award legoisttons including; a. (g fill. bergs. or stockpiles shall be placed is the 100-year floodplain of the Cache Is Padre gives which would obstruct message of flood flows; end b. All fuel tanks, septic tanks. tusporary buildings, and any other hazardous items that might wash away during flooding shall be securely anchored and adequately flood-proofed to avoid creation of a health hazard. Following completion of operations. all temporary buildings shall be removed. 13. the ester/operator shall plant a greenbelt along the entire south boundary of the Special Review site within one year of beginning the sand and travel excavation. The greenbelt shall be planted and msintaieed is accordance with Soil Conservation Service recommendation. • 16. The open cut gravel operation shall comply with Section 44.4, Operation Policies. 17. All construction on the property shall be in accordance with the requirements of the Weld Canty Building Code Ordinance. 1$. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.3 of the Weld County Zoning Ordinance. 19. The property wow or operator shah be responsible for complying with the Operation Standards of Section 24.6 of the Weld Canty Zoning Ordinance. 20. Personnel from the Wald Canty Health Department and Weld Canty Department of Planning Services shall be granted across onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 920610 • • EXHIBIT N SOURCE OF LEGAL RIGHT TO ENTER Loloff Construction,Inc.is the Owner of the property and therefore has the right to enter and mine. • • • EXHIBIT 0 OWNERS OF RECORD OF AFFECTED LAND AND OWNER OF SUBSTANCE TO BE MINED The Owner of Record is Loloff Construction, Inc.for both the affected land and the substance to be mined. Attached is the record of ownership as Recorded with the Weld County Clerk and Recorders office. • • Page I of 2 • R2763786 1 Search j MRS Property Profile • r i Account D27027M .• r r DseanMr22,2014 -cc"nr j.owarW y^Dopucw%H.lM1 i 8.11000001 vaw19n P104-1.34141211411021 1 nwa i San i 910N t Account Pacel Space Account'hoe Tae rear Tan Flea Bugmgs AOu al team A5sessae value 82163186 09610420001) igntultun1 2014 0684 0 1638 480 Legal 12129 3E4tlrr4 6 52NE41frv4 4 555 VC COMM N4 COR SEC 3552 95 5150 81 M1 TO EXIST FENCE LN 6 TRUE POB n85O40*1126 06 TO *LN NEaNW4 TH SELY TOW Lt1 NOr4 11 18N OF POE 21718 TO POE 1R' Su06'ne,On Boo LOt Lana Economic 4ea 6207 OREELEY Proptrt.AC04966 Propen.0;! Zri Seaton T0'wnship Range 04 05 55 • • http://propertyprofile.co.weld.co.us/index.html?version=2&account=R2763786 12/22/2014 Page 1 of 2 • ..r.ote , ' lug. i ,,,. Property Profile IMP .r 0 *moms Itrane ` ,• r , i • wpinWf ii,RH .. Qawlan 9.•ra Oog11M11114•wi Lelaitar0S.L Y Wain GINN 1 T1•4WISOM wiPe !t!wION I WV 1 Nlln ..X0.^. •Ya, $;.a S .,^1 T,ct Tap row Tap,aaa P,nlarrq• ay,al\al.. ...wawa..4v• 0:."13-1? 31S13.1:317,3i4nWll...al :I', 3,9, J p•JS aSa ;tint• Ma11,-7...vow l„a 1 ..•aoS+y NSW 1 Y: ;a, ST Zap L."7L:•a::\S TR.ZT17.1'C ac BC-.!'5 Pfaff. .3 SYaa7!'6 • • http://propertyprofile.co.weld.co.us/index.html?version=2&account=R2763786 12/22/2014 EXHIBIT P LIST OF MUNICIPALITIES WITHIN TWO MILES The City of Greeley is the only municipality that is within two miles of the mine site. The address for the City is as follows: City of Greeley c/o Community Development 100010`"Street Greeley,CO 80631 • • EXHIBIT Q PROOF OF MAILING OF NOTICES TO BOARD OF COUNTY COMMISSIONERS AND SOIL CONSERVATION DISTRICT • • • NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR(112)CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF COUNTY COMMISSIONERS We COUNTY Lotott Construction,Inc. (the"Applicant/Operator")has applied for a Regular(112)reclamation permit from the Colorado Mined Land Reclamation Board(the"Board")to conduct the extraction of construction materials operations in Weld County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Reclamation,Mining,and Safety(the"Division")and the local county clerk and recorder. The applicant/operator proposes to reclaim the affected land to Water Storage use. Pursuant to Section 34-32.5-I I6(4)(m).C.R.S..the Board may confer with the local Board ofCounty Commissioners before approving of the post-mining land use. Accordingly,the Board would appreciate your comments on the proposed operation. Please note that,in order to preserve your right to a hearing before the Board on this application,you must submit written comments on the application within twenty (20)days of the date of last publication of notice pursuant to Section 34-32.5-112(10),C.R.S. • If you would like to discuss the proposed post-mining land use,or any other issue regarding this application.please contact the Division of Reclamation.Mining,and Safety. 1313 Sherman Street.Room 215. Denver,Colorado 80203.(303)866-3567. NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice of a change to a previously filed application you must either attach a copy of the changes. or attach a complete and accurate description of the change. • • NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR(112)CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO TI IE BOARD OF SUPERVISORS OF THE LOCAL CONSERVATION DISTRICT West Greeley Conservatoon DISTRICT wwn construtum.les (the"Applicant Operator")has applied for a Regular(112)reclamation permit from the Colorado Mined Land Reclamation Board(the"Board")to conduct the extraction of construction materials operations in weld County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Reclamation,Mining,and Safety(the"Division")and the local county clerk and recorder. The applicantoperator proposes to reclaim the affected land to water storage use. Pursuant to Section 34-32.5-116(4)(m). C.R.S.. the Board may confer with the local Conservation Districts before approving of the post-mining land use. Accordingly,the Board would appreciate your comments on the proposed operation. Please note that. in order to preserve your right to a hearing before the Board on this application.you must submit written comments on the application within twenty(20)days of the date of last publication of notice pursuant to Section 34-32.5-I I2(10).C.R.S. If you would like to discuss the proposed post-mining land use.or any other issue regarding this application,please contact the Division of Reclamation.Mining,and Safety. 1313 Sherman Street. Room 215.Denver.Colorado 80203.(303)866-3567. • NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice of a change to a previously filed application you must either attach a copy of the changes. or attach a complete and accurate description of the change. • • EXHIBIT R PROOF OF FILING WITH COUNTY CLERK AND RECORDER • • EXHIBIT 5 PERMANENT MAN-MADE STRUCTURES The only structure within 200 feet of the additional area to be mined with this proposed amendment is that of Sylvia and Vern Parker. There is currently is agreement in place to allow mining and reclamation activities within 200 feet of their structure executed on September 5,2013 and this agreement is attached as part of this application. • 0 August 26,2013 Ms.Sylvia Parker 211 North Balsam Avenue Greeley,Colorado 80631 Re: Agreement for Compensation for Damage to Structures within 200 feet of mining activities Ms. Parker. Lolotf Construction, Inc. has a Weld County (County)Use by Special Review Permit AMUSR-690, and a State of Colorado Division of Reclamation, Mining, end Safety (DRMS)Reclamation Permit M1985-112 to allow sand and gravel mining on property within 200 feet of structures located on your property. The Colorado Mined Land Reclamation Act provides protection for your property, and specific protection for your structures located within 200 feet of the mining activities. • DRMS Permit requires a notarized agreement between the permit holder and owners of structures within 200 feet,providing compensation for any damage to the structure; or preparation of an engineering evaluation acceptable to the DRMS, demonstrating that such structures shall not be damaged by the mining activities if en agreement cannot be reached. Loloft Construction, Inc. has had an engineering evaluation performed to determine acceptable setbacks from their proposed mining permit boundary and mining limit to structures adjacent to the mining. The proposed mining slopes and setbacks were analyzed using the XSTABL v5.105a computer program. XSTABL was designed to analyze the slope stability of earth embankments subjected to several critical situations that may occur during the life of the embankment.The procedure searches for circular shear failures and automatically searches for the lowest safety factor. 2,000 separate failure surfaces were analyzed for each case.The required minimum safety factors are based on the current standards used by the Colorado State Engineer's Office (SEO) for high hazard embankment dams, and industry accepted standards for the evaluation of embankments during construction. The safety factors attained using the setbacks shown on the attached Mining Plan are greater than the required safety factors specified by the SEO for an earth embankment during construction, and an earth embankment subjected to earthquake loading, based on the United States Geological Survey earthquake peak acceleration factors for the area. This evaluation indicates that damage to structures adjacent to the mining should not occur, even during earthquake conditions, which are very unlikely to be present. Woe Construction,Inc. F.O.Dora an Kersey,Colorado 00044 • • 2200.Parkor RE.Agmomonr/or Carrponsolon for Damage to Structures semi 200 Mn otmining&cavi ls. .2. With this letter, Loloff Construction, Inc. rectums your authorization to conduct mining and reclamation activities wihIn 200 fest of 010 structures boated on your property. In return for this authorization,L.otof Canaauction, inc.agrees to provide fair compensation for any damags to your suuctn(s)resulting from its mining and reclamation adveiss. Vex notarized signature below seems permission for'aloft Construction.Inc.b conduct mining and reclamation activities within 200 Int of your structure(s), and aeNgWadges Lobo Conanrdon, Inc.'s commitment to provide compensation for any damages to said strtucturep)caused by Loloff Construction, Inc.'s mining end reclamation activities. Sincere ,> =zl • �r✓-_Zi3 to Lololt Construction,Inc. • (ter 9a.--AD/3 Sy ' Parker Oats The Wagon nulna .w.dPP4“00d wwe me wJlL OM al SfaonY,.I .alitw. Sylvia Pearce 4.0....e.r roan Reel/ u ttaBoa SQUIRM= II ROTARY PUBLIC My CournIno bear: Ian aYr iAn VATS OF COLORS= • =PAYC2a1$ra0iO17 W Cr1aaW0eOPBCSUM 21.AV Lea&Cen.wOlan.Inc. P.O.So.Na &any,Colonel*assn. • • Syit in Parker 211 North Balsam Aw enue Greeley,Colorado 80631 July 3. 2013 Well Protection'Water I_evel Monitoring Agreement Ms. Parker: I_ololi( onstruction Inca I_olofl has a Weld County (County) Ilse by Special Review Permit. and a State of Colorado Division Of Reclamation. Mining.and Safety (DRMS) Reclamation Permit to allow sand and gravel mining on a property that is near the following shallow wellls) located on your property: Permit fi Use 44673 Domestic/Stock • 1(t tr O(,tQfi2.. I olollaeknowledges >out concern for maintaining the capacity of your well(s), and hereby oilers to monitor the water depth and capacity ot your wellls)at I:AMY expense. to determine if the welli s) is are ad\erscly affected by mining and reclamation operations. I oloff agrees to begin monthly monitoring of water depth in your well(s):md to continue monitoring until reclamation is completed. By your signature below,your acknowledge Lolofls commitment to monitor and mitigate any adverse impacts to your wellls)attributed to I ololls mining and reclamation actit hies.and grant permission for Loloff to commence said monitoring. Sinccrel.. 7- Jo-2-013 I Atha Constr ion Inc Date Property lhvncr Date • Int. , . • r a �A ` x ,w�s.wa.. .. + iti4. .. we c= L,i) QiC earth reel 2000 ee 1 you A 1 1 i ' 1 ' A Hello