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Home My WebLink About20152236.tiff RECEIVED JUL 2' 2 2015 NOTICE OF FILING APPLICATION WELD COUNTY FOR COLORADO MINED LAND RECLAMATION PERMIT COMMISSIONFOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF COUNTY COMMISSIONERS Weld COUNTY Asphalt Specialties Co., 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 Developed Water Storage use. Pursuant to Section 34-32.5- 116(4)(m), C.R.S., the Board may confer with the local Board of County Commissioners before approving of the post-mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the application within twenty (20) days of the date of last publication of notice pursuant to Section 34-32.5- 112(10), C.R.S. If you would like to discuss the proposed post-mining land use, or any other issue regarding this application, please contact the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567. NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice of a change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate description of the change. Ri•datijklaitts) 2015-2236 ea7/23 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 RECLAMATION PERMIT APPLICATION FORM CHECK ONE: n There is a File Number Already Assigned to this Operation Permit # M - - - (Please reference the file number currently assigned to this operation) New Application (Rule 1 .4.5) El_ Amendment Application (Rule 1 . 10) ELConversion Application (Rule 1 . 11) Permit # M - - - (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts: (1) the application form; (2) Exhibits A-S, Addendum 1, any sections of Exhibit 6.5 (Geotechnical Stability Exhibit; and (3) the application fee. When you submit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (1) copy of the completed application form, two (2) copies of Exhibits A-S, Addendum 1, appropriate sections of 6.5 (Geotechnical Stability Exhibit, and a check for the application fee described under Section (4) below. Exhibits should NOT be bound or in a 3-ring binder; maps should be folded to 8 1/2" X 11 " or 8 1/2" X 14" size. To expedite processing, please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, ALL information requested below. 1 . Applicant/operator or company name (name to be used on permit): Asphalt Specialties Co. , Inc. 1 .1 Type of organization (corporation, partnership, etc.): Corporation 2. Operation name (pit, mine or site name): Chavers Mining Resource 3. Permitted acreage (new or existing site): 70 permitted acres 3.1 Change in acreage (+) N/A acres 3.2 Total acreage in Permit area 70 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) $1696.00 conversion fee 5. Primary commoditie(s) to be mined: Sand and Gravel 5. 1 Incidental commoditie(s) to be mined: 1 . N/A - lbs/Tons/yr 2. / lbs/Tons/vr 3. / lbs/Tons/yr 4. / lbs/Tons/yr 5. / lbs/Tons/yr 5.2 Anticipated end use of primary commoditie(s) to be mined: processed aggregates; asphalt/concrete 5.3 Anticipated end use of incidental commoditie(s) to be mined: - 2 - 6. Name of owner of subsurface rights of affected land: Hunt Brothers Properties, Inc. If 2 or more owners, "refer to Exhibit O". 7. Name of owner of surface of affected land: Hunt Brothers Properties, Inc. 8. Type of mining operation: 1 Surface Li Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN (check one): N 6th (Colorado) 10th (New Mexico) in Ute SECTION (write number): s 18 TOWNSHIP (write number and check direction): T S North El South RANGE (write number and check direction): R 66 East ✓ West QUARTER SECTION (check one): i:i Ili; El SW QUARTER/QUARTER SECTION (check $: ✓ ` NE NW SE SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): Approx. 2 miles south of the City of Ft. Lupton in the NW quadrant of WCR-8 and US Hwy. 85 at a general elev. of 4915 ft. 10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) 39° 44' 12.98" (W) 104° 59' 3.87" 1 Latitude (N): deg 40 min 02 sec 39 . 0 (2 decimal places) Longitude (W): deg 104 min 48 sec 50 . 02 (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 Northing - 3 - 11 . Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Contact's Name: Dan Hunt Title: President Company Name: Asphalt Specialties Co., Inc. Street/P.O. Box: 10100 Dallas St. P.O. Box: City: Henderson State: Colorado Zip Code: 80640 Telephone Number: ( 303 ) _ 289-8555 Fax Number: ( 303 ) _ 289-7707 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Rob Laird Title: Resource Mgr. Company Name: See Above Street/P.O. Box: See Above P.O. Box: City: See Above State: See Above Zip Code: Telephone Number: ( ) _ See Above Fax Number: ( ) _ See Above INSPECTION CONTACT Contact's Name: Rob Laird Title: Resource Mgr. Company Name: See Above Street/P.O. Box: See Above P.O. Box: City: See Above State: See Above Zip Code: Telephone Number: f ) - See Above Fax Number: ( ) _ See Above CC: STATE OR FEDERAL LANDOWNER (if any) Agency: N/A Street: City: State: Zip Code: Telephone Number: I ) - CC: STATE OR FEDERAL LANDOWNER (if any) Agency: N/A Street: City: State: Zip Code: Telephone Number: ( ) - - 4 - 12. Primar ' future (Post-mining) land use (check one): Cropland(CR) ( ] Pastureland(PL) E-1 D ( ) Agriculture(GA) I] Rangeland(RL) El Forestry(FR) Wildlife Habitat(WL) nResidential(RS) _ID Recreation(RC) Industrial/Commercial(IC) ✓ , Developed Water Resources(WR) D Solid Waste Disposal(WD) 13. Primary present land use (check one : ElCropland(CR) Pastureland(PL) General Agriculture(GA) ✓BRangeland(RL) Forestry(FR) Wildlife Habitat(WL) Residential(RS) fl Recreation(RC) II Industrial/Commercial(IC) Developed Water Resources(WR) 14. Method of Mining: Briefly explain mining method (e.g. truck/shovel): Dry mining within slurry wall using trackhoe and haul trucks to processing plant site. 15. On Site Processing: ✓ Crushing/Screening 13.1 Briefly explain mining method (e.g. truck/shovel): See above. List any designated chemicals or acid-producing materials to be used or stored within permit area: N/A 16. Description of Amendment or Conversion: If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s). N/A - 5 - Maps and Exhibits: Two (2) complete, unbound application packages must be submitted. One complete application package consists of a signed application form and the set of maps and exhibits referenced below as Exhibits A-S, Addendum 1, and the Geotechnical Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of reference. If separate documents are used as appendices, please reference these by name in the exhibit. With each of the two (2) signed application forms, you must submit a corresponding set of the maps and exhibits as described in the following references to Rule 6.4, 6.5, and 1 .6.2(1)(b): EXHIBIT A Legal Description EXHIBIT B Index Map EXHIBIT C Pre-Mining and Mining Plan Map(s) of Affected Lands EXHIBIT D Mining Plan EXHIBIT E Reclamation Plan EXHIBIT F Reclamation Plan Map EXHIBIT G Water Information EXHIBIT H Wildlife Information EXHIBIT I Soils Information EXHIBIT J 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 (Surface Area) and Owners of Substance to be Mined EXHIBIT P Municipalities Within Two Miles EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Conservation District EXHIBIT R Proof of Filing with County Clerk or Recorder EXHIBIT S Permanent Man-Made Structures Rule 1 .6.2(1)(b) ADDENDUM 1 - Notice Requirements (sample enclosed) Rule 6.5 Geotechnical Stability Exhibit (any required sections) The instructions for preparing Exhibits A-S, Addendum 1 , and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule 1 .6.2(1)(b) of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required, or would like to schedule a pre-application meeting you may contact the Office at 303-866-3567. Responsibilities as a Permittee: Upon application approval and permit issuance, this application becomes a legally binding document. Therefore, there are a number of important requirements which you, as a permittee, should fully understand. These requirements are listed below. Please read and initial each requirement, in the space provided, to acknowledge that you understand your obligations. If you do not understand these obligations then please contact this Office for a full explanation. j-•'— 1 . Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; - 6 - • 14-- 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the application or your permit misrepresent important material facts; Or-- 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as permittee can result; 04--- 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; t5. It is your responsibility to notify the Office of any changes in your address or phone number; _ik. 6. Upon permit issuance and prior to beginning on-site mining activity, you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information (Rule 3. 1 . 12): a. the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c. the permit number. Or7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance. Or-- 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Construction Material Rules and Regulations in effect at the time the permit is issued. 0.---- 9. Annually, on the anniversary date of permit issuance, you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example, a permit with the anniversary date of July 1 , 1995, the annual fee is for the period of July 1 , 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the permittee, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. t v A 10. For joint venture/partnership operators: the signing representative is authorized to sign this document and a power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application. - 8 - Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1 . To the best of my knowledge, all significant, valuable and permanent man-made structure(s) in existence at the time this application is filed, and located within 200 feet of the proposed affected area have been identified in this application (Section 34-32.5- 115(4)(e), C.R.S.). 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5- 115(4)(0, C.R.S.; 3. As the applicant/operator, I do not have any extraction/exploration operations in the State of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-32.5-120, C.R.S.) as determined through a Board finding. 4. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,C.R.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to section 34-32.5-123, C.R.S. Signed and dated this 7'h day of .. , 2O16] F " p�a1 t es &D'aca . If Corporation Attest (Seal) Applicant/Operator or Company Name Signed: N\N\l‘ Signed: 11.1 I \ of a &4;n-?..wrt Far co • CORPORATE, Title: Fr S i dent 2 Tow • ounty t„ nn 1 . 2 State of acs ! o ✓ice cP c, ) ) ss. %OW • County of AcPgm S ) The foregoing instrument was acknowledged before me this 9 day of 71,1 ors, by PG ✓Ire. Wi H t.( K 'f" as , 'den + of A(ha(f ,� occr4 (b'csCn1 c. a re.e .tiegte‘‘, ' SPfQTq ~% O 17040>t S. p. / 9l9h'O3OCr i t/'� oor.4 'r No y Public ' sea • II NA\ G • .' My Commission expires:• f Y 2..7?-O((p SIGNATU ' ,�'0,: � �. :' 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 AFFIDAVIT OF RECEIPT State of Colorado County of Weld BEFORE ME, a representative of the Weld County Board of County Commissioners, on this all day of St. , 20 /5 , 1 did receive a copy of "Notice of Filing Application for Colorado Wined Land Reclamation Permit for Regular ( 112) Construction Materials Extraction Operation-Chavers Mining Resource". RECEIVED JUL 2 2 2015 WELD COUNTY COMMISSIONERS Wahtdt z7 ;A Signature 6-5/k, E. &. sick Name (printed) Boand Title (printed) ASPHALT SPECIALTIES CO . COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY CONSTRUCTION MATERIALS REGULAR 112 PERMIT APPLICATION FOR CHAVERS MINING RESOURCE WELD COUNTY, COLORADO JULY 2015 10100 Dallas St. • Henderson, CO 80640 • (303) 289-8555 • Fax: (303) 289-7707 www.asphaltspecialties.com STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 COLORADO Denver, Colorado 80203 DIVISION OF Phone: (303) 866-3567 RECLAMATION FAX: (303) 832-8106 MINING SAFETY CONSTRUCTION MATERIALS REGULAR (112) OPERATION RECLAMATION PERMIT APPLICATION FORM CHECK ONE: There is a File Number Already Assigned to this Operation Permit # M - - - (Please reference the file number currently assigned to this operation) IS New Application (Rule 1 .4.5) EL Amendment Application (Rule 1 .10) Conversion Application (Rule 1 .11) Permit # M - - - (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts: (1) the application form; (2) Exhibits A-S, Addendum 1 , any sections of Exhibit 6.5 (Geotechnical Stability Exhibit; and (3) the application fee. When you submit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (1) copy of the completed application form, two (2) copies of Exhibits A-S, Addendum 1, appropriate sections of 6.5 (Geotechnical Stability Exhibit, and a check for the application fee described under Section (4) below. Exhibits should NOT be bound or in a 3-ring binder; maps should be folded to 8 1/2" X 11 " or 8 1/2" X 14" size. To expedite processing, please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, ALL information requested below. 1 . Applicant/operator or company name (name to be used on permit): Asphalt Specialties Co., Inc. 1 .1 Type of organization (corporation, partnership, etc.): Corporation 2. Operation name (pit, mine or site name): Chavers Mining Resource 3. Permitted acreage (new or existing site): 70 permitted acres 3. 1 Change in acreage (+) N/A acres 3.2 Total acreage in Permit area 70 acres 4. Fees: Ca 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 5. Primary commoditie(s) to be mined: Sand and Gravel 5. 1 Incidental commoditie(s) to be mined: 1 . NSA - lbs/Tons/yr 2. / lbs/Tons/yr 3. / lbs/Tons/yr 4. / lbs/Tons/yr 5. / lbs/Tons/yr 5.2 Anticipated end use of primary commoditie(s) to be mined: processed aggregates; asphalt/concrete 5.3 Anticipated end use of incidental commoditie(s) to be mined: - 2 - 6. Name of owner of subsurface rights of affected land: Hunt Brothers Properties, Inc. If 2 or more owners, "refer to Exhibit O". 7. Name of owner of surface of affected land: Hunt Brothers Properties, Inc. 8. Type of mining operation: l 7 _I Surface Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN (check one): IS 6th (Colorado) 10th (New Mexico) n Ute SECTION (write number): S 18 1 TOWNSHIP (write number and check direction): T ✓ ' North El South RANGE (write number and check direction): R 66 I t East ✓ West QUARTER SECTION (check one): EI I2 SW QUARTER/QUARTER SECTION (check}: ri NE - NW 12 SE SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): Approx. 2 miles south of the City of Ft. Lupton in the NW quadrant of WCR-8 and US Hwy. 85 at a general elev. of 4915 ft. 10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) 39° 44' 12.98" (W) 104° 59' 3.87" Latitude (N): deg 40 min 02 sec 39 . 01 (2 decimal places) Longitude (W): deg 104 min 48 sec 50 . 02 (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 Fasting Northing - 3 - l 1 . Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Contact's Name: Dan Hunt Title: President Company Name: Asphalt Specialties Co., Inc. Street/P.O. Box: 10100 Dallas St. P.O. Box: City: Henderson State: Colorado Zip Code: 80640 Telephone Number: ( 303 _ 289-8555 Fax Number: ( 303 1 _ 289-7707 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Rob Laird Title: Resource Mgr. Company Name: See Above Street/P.O. Box: See Above P.Q. Box: City: See Above State: See Above Zip Code: Telephone Number: ( _ See Above Fax Number: ( t _ See Above INSPECTION CONTACT Contact's Name: Rob Laird Title: Resource Mgr. Company Name: See Above Street/P.O. Box: See Above P.O. Box: City: See Above State: See Above Zip Code: Telephone Number: ( ) _ See Above Fax Number: ( _ See Above CC: STATE OR FEDERAL LANDOWNER (if any) Agency: N/A Street: City: State: Zip Code: Telephone Number: ( I - CC: STATE OR FEDERAL LANDOWNER (if any) Agency: N/A Street: City: State: Zip Code: Telephone Number: ( ) - - 4 - 12. Primar future (Post-mining) land use (check one): Cropland(CR) Pastureland(PL) D (P ) tJ General Agriculture(GA) I Rangeland(RL) ri Forestry(FR) Wildlife Habitat(WL) _O Residential(RS) j":1Recreation(RC) _ Industrial/Commercial(IC) gDeveloped Water Resources(WR) Solid Waste Disposal(WD) 13. Primary present land use (check one : fa Cropland(CR) Pastureland(PL) General Agriculture(GA) ElBRangeland(RL) Forestry(FR) Wildlife Habitat(WL) Residential(RS) Recreation(RC) II Industrial/Commercial(IC) Developed Water Resources(WR) 14. Method of Mining: Briefly explain mining method (e.g. truck/shovel): Dry mining within slurry wall using trackhoe and haul trucks to processing plant site. 15. On Site Processing: ✓ Crushing/Screening 13.1 Briefly explain mining method (e.g. truck/shovel): See above. List any designated chemicals or acid-producing materials to be used or stored within permit area: N/A 16. Description of Amendment or Conversion: If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s). NIA - 5 - Maps and Exhibits: Two (2) complete, unbound application packages must be submitted. One complete application package consists of a signed application form and the set of maps and exhibits referenced below as Exhibits A-S, Addendum 1, and the Geotechnical Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of reference. If separate documents are used as appendices, please reference these by name in the exhibit. With each of the two (2) signed application forms, you must submit a corresponding set of the maps and exhibits as described in the following references to Rule 6.4, 6.5, and 1 .6.2(1)(b): EXHIBIT A Legal Description EXHIBIT B Index Map EXHIBIT C Pre-Mining and Mining Plan Map(s) of Affected Lands EXHIBIT D Mining Plan EXHIBIT E Reclamation Plan EXHIBIT F Reclamation Plan Map EXHIBIT G Water Information EXHIBIT H Wildlife Information EXHIBIT I Soils Information EXHIBIT J 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 (Surface Area) and Owners of Substance to be Mined EXHIBIT P Municipalities Within Two Miles EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Conservation District EXHIBIT R Proof of Filing with County Clerk or Recorder EXHIBIT S Permanent Man-Made Structures Rule 1 .6.2(1)(b) ADDENDUM 1 - Notice Requirements (sample enclosed) Rule 6.5 Geotechnical Stability Exhibit (any required sections) The instructions for preparing Exhibits A-S, Addendum 1 , and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule 1 .6.2(1)(b) of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required, or would like to schedule a pre-application meeting you may contact the Office at 303-866-3567. Responsibilities as a Permittee: Upon application approval and permit issuance, this application becomes a legally binding document. Therefore, there are a number of important requirements which you, as a permittee, should fully understand. These requirements are listed below. Please read and initial each requirement, in the space provided, to acknowledge that you understand your obligations. If you do not understand these obligations then please contact this Office for a full explanation. O'" l . Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; - 6 - 0-- 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the application or your permit misrepresent important material facts; jrk_ 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as permittee can result; 0-- 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; 5. It is your responsibility to notify the Office of any changes in your address or phone number; ._t 6. Upon permit issuance and prior to beginning on-site mining activity, you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information (Rule 3. 1 . 12): a. the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c. the permit number. 0--- 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance. 0.-- 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Construction Material Rules and Regulations in effect at the time the permit is issued. ‘fr- 9. Annually, on the anniversary date of permit issuance, you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example, a permit with the anniversary date of July 1, 1995, the annual fee is for the period of July 1 , 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the permittee, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. N A 10. For joint venture/partnership operators: the signing representative is authorized to sign this document and a power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application. - 8 - Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1 . To the best of my knowledge, all significant, valuable and permanent man-made structure(s) in existence at the time this application is filed, and located within 200 feet of the proposed affected area have been identified in this application (Section 34-32.5-115(4)(e), C.R.S.). 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5- 115(4)(f), C.R.S.; 3. As the applicant/operator, I do not have any extraction/exploration operations in the State of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-32.5- 120, C.R.S.) as determined through a Board finding. 4. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,C.R.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to section 34-32.5-123, C.R.S. Signed and dated this qt-ti day of u �y 1 2015 f6trharbeFeciaieffi C. __;__49$ , The , If Corporation Attest (Seal) Applicant/Operator or Company Name ......mm_ a Signed: f Signed: .1 ! I \ _ an )1/4 Title: Fr*esl1 deerft Q Tow • ounty xiti 1 • ! 2 nn State of Co ( orCcecYco ) • ) ss. • • - p►• , County of Adgm S ) The foregoing instrument was acknowledged before me this 9at- day of TA , gait by Qoviiai W , ftuAt+ as °Pc 'Jen + of Ati if 5/ce J#i'csG4hc. sr S 11%‘‘‘ � I. Pt'�Tq � I,, .:4C72. I9r9YU3aS2-r i• / i •L , No Public % 1} sa • ♦ • iis'I SA. &Bs_f' % My Commission expires: i ,23,2-O(cp (04-- % ' .%.,;..:... :• .�� SIGNATU • 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 6.4. 1 EXHIBIT A - LEGAL DESCRIPTION The project encompasses the NE �/ and the SE '/ of the SW '/ of Section 18, Township 1 North, Range 66 West, of the 6th PM . This property is owned by Hunt Brothers Properties, Inc. (Asphalt Specialties Co. , Inc. or ASCI ) as shown on Exhibit N . The latitude and longitude of the location of the proposed main entrance into the site is 40° 02' 39" North and 104° 48' 50" West. The Weld County Parcel ID numbers are 147118000037 and 147118300091 . The site is located in the northwest corner of the intersection of Weld County Road 8 and US Highway 85, approximately 2 miles south of Ft. Lupton, Colorado, as shown on Exhibit B , the Index Map. July 2015 Chavers Mining Resource Regular 112 Permit Application ♦ • 11• : W I `T .—+ 1 Q Z• 1::: H no• • \\••••••/ I •' • >t o0 • ;7/ ' 63 1 1 W m o if 6 1 D ArtipH/T 03 • o m W r • •! a• z 2 4 a Qi-___.•••••• - .i\ W 0 0 SIss."-----..i .. 1 s �!1 oo c, • v N n rt W 1 t Old► G • •• • a • I- _ I km i in • 1 • f i, 1 • • r_ • O, ' CC o r'1 i t IS0 D ~ Z • " i w re 0 p i rL a z W• ist • CC Z d- \ c Z r a £4 •' •• Du oN Q -' LIJ O r •y n_ . `t . . -_•---___. • • •-- 0 $ •—-----t------24! "-tie— es4 N • I __- t — . . (n -I 1- T� • I (X �• a0 N 1 • W lel _I W = • ft • m 6 ! •r I m .. I. . / 00 • • • • -- •�-. ter. -�- .�f.� N. I. .. .»�. •• �� _�!__.�. .rte _�.�-�•. V .-•. O V - -• - ��;• ��. 1_ ' Q W-- AAi • ♦2) Q Cr) • ' CP tin 1 e W VV 1-- Z W r •• a J � 32 PO 4 , 3 y• 0i • . . I 3 . 4{ ill n - V • . • 1 i --- • - • • • Et�. •1 \%:tea ` *9OO �r� P �, ATTE.1.:7 ----1 ��• c .-.:- 1.7".... .. \,‘.........issNis.. Joe........./b I.; N. "' Illi I i 1 11 '• n • •• V • , 7 Q V , AO . ie.__ '4 P 4 LIlic G i -' a If Li 4- • 1 t • . % o; ffi • • N ._••. • . . 4 • t 1 •• •••. •. • �•• •O • - I • it, I. • .. • bz • kI 41 • n03 y. tn OW •, ',\ i O I N �- It & •♦ V • • \ Q Pi 17 1 � t 1 ,1 • , fel A • . . of 6.4.4 EXHIBIT D — MINING PLAN Mining Description The Mining Plan is described in this section and correlates with Exhibit C-2 - Mine Plan Map. Mining is sequenced with designated mining Cells 1 -4 as shown on Exhibit C-2 . Mining will be accomplished by the "dry-mining" method. Prior to excavation below the water table, a continuous soil / bentonite slurry wall will be constructed around the entire perimeter of the mining area followed by removal of pore water within the slurry wall (dewatering). The location of the slurry wall is shown on Exhibit C-2 . Mining will employ conventional aggregate mining techniques including the use of scrapers and backhoes to excavate topsoil, overburden and sand and gravel and haul trucks to move materials as either backfill or as sand and gravel to be further processed at the gravel plant site. Sand and gravel processing will be located onsite and finished materials will be trucked offsite. The mine plan map shows a fixed gravel plant location with stockpiles on the south-eastern edge of the site for the entire life of the project other than for a short period where this location will be mined (6 months). This location is out of the newly designated DRAFT (as yet without final approval by FEMA) location of the Floodway of the South Platte River in this area , but is still in the Floodplain . Alternatively, ASCI may choose to utilize totally mobile equipment for processing and stockpiling of sand and gravel. This equipment is tracked or on wheels and can be easily moved to another location or from the site entirely. All stockpiling will always be located out of the Floodway. A Floodplain Use Permit will be obtained from the designated Floodplain Administrator from either Weld County or the City of Ft. Lupton prior to mining. All river banks on the east side of the South Platte River on this site and further onto the point bar at the western edge of the site are heavily rip-rapped with large chunks of concrete. Flooding in this area of the South Platte River in September 2013 and again in May 2015 did not affect this property. Earthwork Earthwork will generally occur as indicated in Table 6.4.4-1 . Sand and Gravel extraction will follow stripping of areas of each mining cell. Reclamation will occur concurrently wherever possible. Slurry Wall Construction A soil / bentonite slurry wall will be constructed surrounding the perimeter of the mine area as shown on Exhibit C-2 . The applicant intends to complete a slurry wall engineering design prior to construction. The slurry wall engineering design will be submitted as a technical revision to this permit prior to construction. The slurry wall is expected to be approximately 3-4 ft wide and extend into bedrock to a depth specified by the final design. To protect the stability of the slurry wall, pit slopes will be mined at 2H: 1 V and the top of slope will be offset 10 ft from the inner edge of the slurry wall. A 25 ft setback has been specified from the top of July 2015 Chavers Mining Resource Regular 112 Permit Application 6.4.4 EXHIBIT D — MINING PLAN slope to the nearest permanent man-made structure, property boundary or easement. The additional setback is intended to accommodate slurry wall construction activities. Table 6.4.4-1 . Earthwork Table VOLUME OF SEQUENCE OPERATION OPERATION STOCKPILE STOCKPILE NUMBER CELL LOCATION [yd3j 1 . Strip South 1/2 Cell 1 Cell 1 -70,300 Overburden 2 . Strip North '/2 Cell 1 None None Overburden (direct /Backfill Oil & replacement) Gas Area 3. Strip West 1/2 Cell 2 Cell 2 73,200* Overburden 4. Strip East % Cell 2 None None Overburden (direct /Backfill Oil & replacement) Gas Area 5. Strip East 1/2 Cell 3 Cell 2 -10,000 Overburden 6 . Strip West % Cell 3 None None Overburden (direct /Backfill Oil & replacement) Gas Area 7. Strip West 1/2 Cell 4 Cell 2 -10,000 Overburden 8 . Strip East 1/2 Cell 4 None None Overburden (direct /Backfill Oil & replacement) Gas Area Maximum stockpile occurring at any one time July 2015 Cha vers Mining Resource Regular 112 Permit Application 6.4.4 EXHIBIT D -- MINING PLAN Water Diversions Water diversions will include pumping groundwater from a deep sump within the slurry wall , before discharging to the South Platte River to the west of the permit area (see Exhibit C-2). This pumping will be accomplished after the installation of the slurry wall, but prior to sand and gravel mining below the water table. Plant wash water will be obtained from an existing permitted alluvial well on the property owned by the applicant that is outside of the perimeter of the slurry wall . Wash plant water is recycled in a continuous loop and will only need to be occasionally supplemented with the alluvial groundwater from the well . Timetable and Size of Mining Areas The mining operation is expected to last for approximately 7-9 years, however, this could vary depending upon market conditions. The approximate size of areas to be worked at any one time correlates to the size of the mining Cells shown on Exhibit C-2 . Table 6.4.4-2 shows the mining Cell size and the approximate timetable for working each Cell. Table 6.4.4-2. Mining Timetable MINING CELL APPROXIMATE AREA TO APPROXIMATE BE WORKED AT ANY ONE TIMETABLE TIME [acres] [years] Cell 1 27 3-4 Cell 2 23 2-3 Cell 3 4 0. 5-1 Cell 4 4 0 .5-1 TOTAL 58 7-9 Nature of the Deposit The average overall total overburden thickness is approximately 3.5 to 4.0 ft. Of that overburden, a large portion of the proposed permit area contains two types of topsoil that vary from within 6" to 24" in depth . Much of this soil has been overgrazed and compacted . The majority of this topsoil is in the range of 12" to 24" in depth . This covers at least 50 acres of the site, except for the steeper area on the very eastern/south-eastern edge of the permit area. This topsoil will be stripped by scrapers and segregated from the underlying overburden and placed into separate stockpiles as shown on the mine plan (C-2) prior to overburden removal and stockpiling by the same method. All topsoil and overburden stockpiles will be vegetated with a temporary cover crop/seed mix if remaining for more than one year in an undisturbed state. July 2015 Chavers Mining Resource Regular 112 Permit Application 6.4.4 EXHIBIT D — MINING PLAN The sand and gravel deposit to be mined varies in thickness, with an average thickness of approximately 28 ft. It varies from sandy lean clay in the upper zones, to coarse clayey sand and sand with gravel nearer the bedrock. The gravel typically found in this area has a history for being processed into high- quality concrete aggregates and other aggregate construction materials. The underlying strata on the property is a claystone bedrock. Commodities The primary commodity is sand and gravel to be used for the construction industry. There are no incidental commodities. Explosives No explosives will be used for the mining operation . July 2015 Chavers Mining Resource Regular 112 Permit Application 6.4.5 Exhibit E — Reclamation Plan Description All areas adjacent to oil and gas wells will be backfilled to a radial distance of 200 ft. within 2 weeks of excavation . A Surface Use Agreement (SUA) has been signed and put into place with Anadarko Petroleum for this permit area since October 2008 which outlines the responsibilities with respect to land uses for both Anadarko and ASCI . Reclamation will occur concurrently with mining following completion of gravel extraction in the Southern 1 /2 of Cell 1 . Reclamation operations will backfill pit slopes from 2H: 1 V to 3H: 1 V. The pit will be reclaimed as a water-storage reservoir. All affected areas above the normal pool elevation of the reservoir will have overburden soil replacement, topsoil replacement and be re-vegetated with native vegetation followed by a weed control program . Exhibit F- Reclamation Plan Map shows final grading and soiled/ re-vegetation areas. The largest overburden stockpiles to occur at any one time (not including finished construction material) shall be approximately 70,000 yd3. Reclamation Earthwork Reclamation earthwork will occur concurrently with mining where possible. Oil & gas operation areas are to be backfilled in a timely fashion as noted above and as specified by the SUA. Reclamation earthwork and operations will generally follow the sequence specified in Table 6.4.5-1 , however variations to the sequence may occur depending upon operational constraints. Reclamation will begin following completion of mining of the Southern 1/2 of Cell 1 and will backfill the oil & gas operation area with overburden removed from the North '/2 of Cell 1 (direct replacement). Following completion of mining the West 1/2 of Cell 2, the oil & gas operations area in the West 1/2 of Cell 2 will be backfilled with overburden from the East 1/2 of Cell 2 . Following mining of the East %2 of Cell 2, the oil & gas operations area in the East 1/2 of Cell 2 will be backfilled with overburden from the stockpile located in Cell 2. Following mining of the East 'A of Cell 3 , the oil & gas operations area in the East 1/2 of Cell 3 will be backfilled with overburden from the West '/2 of Cell 3 (direct replacement) and overburden from the stockpile located in Cell 1 . The gravel plant will be relocated to the pit floor of Cell 3 to complete mining in Cell 4. Following mining of the West 'A of Cell 4, the oil & gas operations area in the West %2 of Cell 4 will be backfilled with overburden from the East 1/2 of Cell 4 (direct replacement) and overburden from the stockpile located in Cell 1 . Following backfilling of the oil & gas operation area in Cell 4, slopes throughout the pit will be backfilled from 2H: 1V to 3H : 1 V beginning with Cell 1 unless they were previously backfilled as part of concurrent reclamation along with backfilling of the oil and gas operations areas. Slopes will be backfilled with overburden from stockpiles in the respective Cells. July 2015 Chavers Mining Resource Regular 112 Permit Application 6.4.5 Exhibit E -- Reclamation Plan Table 6.4.5-1 . Reclamation Earthwork Table EARTHWORK SEQUENCE OPERATION TIMING BORROW VOLUME [yd3] NUMBER SOURCE 1 . Backfill Oil & Following Overburden 43,000 Gas Completion of From the Operations Mining the North '/2 of Area in Cell 1 South 1 /2 of Cell 1 (direct Cell 1 replacement) 2 . Backfill Oil & Following Overburden 60,000* Gas Completion of From the Operations Mining the East 1/2 of Area in West West 1 /2 of Cell 2 (direct '/2 of Cell 2 Cell 2 replacement) & Stockpile in Cell 2 3. Backfill Oil & Following Stockpile -60,000 Gas Completion of Located in Operations Mining the Cell 2 Area in East '/2 East 1 /2 of of Cell 2 Cell 2 4. Backfill Oil & Following Overburden 47,672 Gas Completion of From the Operations Mining the West 1/2 of Area in East '/2 East 1 /2 of Cell 3 (direct of Cell 3 Cell 3 replacement) & Stockpile in Cell 1 5 . Backfill Oil & Following Overburden -29,470 Gas Completion of From the Operations Mining the East 1/2 of Area in West West 1 /2 of Cell 4 (direct 1/2 of Cell 4 Cell 4 replacement) & Stockpile in Cell 1 6 . Backfill Slopes Following all Stockpile -57,998 From 2 : 1 to mining Located in July 2015 Chavers Mining Resource Regular 112 Permit Application 6.4.5 Exhibit E - Reclamation Plan 3: 1 Cell 1 7. Replace Following final Stockpiles in 20,000 topsoil froml grading Cells 1 , 2 to 1 .5 ft depth 8 . Seed and Following soil implement replacement weed control .� Maximum stockpile occurring at any one time Topsoil Replacement Stockpiled topsoil will be placed to a minimum depth of 1 .0 ft. on all affected areas above the normal pool elevation of the reservoir. The total area to undergo overburden soil replacement is 14 acres and the total topsoil replacement volume is approximately 20 ,000 yd3 . This includes the edges of the reservoir and all oil and gas operations areas where backfilling occurred . Topsoil replacement will occur sequentially just after backfilled overburden placement wherever possible to allow for mining under topsoil and overburden stockpiles. Seeding and Fertilizing Currently, the entire pit area is used for dryland pasture and is over-grazed . The proposed seeding areas are shown on Exhibit F -- Reclamation Plan Map . The recommended seeding method is by drill and seeding rates assume this method . The species composition of the seed mixture recommended for reclamation is shown in Table 6.4. 5-2 below. Table 6.4.5-2 Recommended Seed Mixture Species (Variety) Rate - pure live Native/ W/C Cost seed (pis) Introduced Season pls/ac lbs/ac Thickspike wheatgrass 8.0 to 10.0 Native Cool $ 11 .70 (Critana) Sideoats grama (Vaughn) 5.0 to 7.0 Native Warm $7.25 Switchgrass (Nebraska-28) 4.0 to 6.0 Native Warm $5 .00 Alfalfa (Nomad) 3.0 to 5.0 Introduced NA $ 1 .90 TOTAL 20.0 to 28 .0 $28 .85 July 2015 Chewers Mining Resource Regular 112 Permit Application 6.4.5 Exhibit E - Reclamation Plan Based on this seed mixture, an application rate of approximately 20.0 to 28.0 pls/ac will be used . Soil will be disked prior to seeding . It is recommended that fertilizer be utilized in conjunction with seeding . A standard application of fertilizer will be used and applied at a rate of 250 lbs/ac. The total area to be seeded is approximately 14 acres. The total area to be fertilized is approximately 14 acres. Seeding and fertilizing will be completed as soon as possible after the overburden soil is backfilled , smoothed to conform to the reclamation topography, and topsoil is placed and finally disked . Optimal periods of seeding are in the fall (after November 1st) or in the spring from late March up to April 30th. Mulching will not be completed , as the quality topsoils and availability of water should facilitate the rapid establishment of perennial grasses. Following revegetation, weed management strategies will be implemented to facilitate and achieve native grassland . Years 1 thru 5 following revegetation will include an aggressive mowing program to prevent the growth and establishment of weeds, specifically, eight noxious weeds including: Canada thistle (Cirsium arvense), Dalmation toadflax (Linaria dalmatica), diffuse knapweed ( Centaurea diffusa), leafy spurge (Euphorbia esula), musk thistle (Carduus nutans), Russian knapweed ( Centaurea repens), spotted knapweed (Centaurea maculosa) and Yellow toadflax (Linaria vulgaris) as mandated by Colorado State Law (35- 5.5CRS1990, 1996). If needed , herbicide application will be applied to further control these weeds. Herbicides will also be used to control saltcedar ( Tamarix spp. ) if it becomes established in the reclaimed area. Table 6.4. 5-3 presents recommended herbicides, application rate, and time of application for each of the 9 species. It may be necessary to replant treated areas. Alternative Reclamation Plan There is no alternative reclamation plan . 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Q ma 1 c a) a) ca U .c o c W '5 E EU O co it- 4.• -o E o E c c . -c 'C 0) m N U al a '% CD L a -O •C cr) N a W Cl) J H F- D 0 tZ i o ° Z 4. 0 N p CO O N a) c� L (B Q? O QU U co O •al a. U 2 .a co r 2 co — — CO c o ° o LYv E ca a L a L NW ° 03 -CI a a >, a >, z . Q .E .E . E :r a) o 0) o `� t6 L U -L t� to x odi c� o c° O 0 = N N s, (T co ca o ,4- z >- 2 ( co tf 6.4.7 EXHIBIT G — WATER INFORMATION Groundwater The gravel layer to be mined is an alluvial aquifer with an average saturated thickness of 23-25 ft. Groundwater occurs at an average depth of 7-9 ft. below ground surface in the local area. The direction of groundwater flow is generally from the southeast to northwest but can more closely parallel the flow of the river during high-flow periods in the spring and summer. Groundwater discharges to the South Platte River. The proposed mining project will have a constructed slurry wall around the perimeter for the purpose of hydraulically isolating the mine from the local aquifer and therefore protect injury to the river and associated water rights. Initial dewatering of pore water within the slurry wall will occur, which is expected to last several months. All depletions to the river have been accounted for in the Temporary Substitute Water Supply Plan (TSSP), which was filed with the Colorado Office of the State Engineer (OSE) in April of 2008. Initial comments were received by the reviewing consultant for the OSE, but this plan was withdrawn from further consideration in 2009 and will have to be re-submitted. All process water needs for dust control, washing of aggregate, etc. were accounted for in the TSSP. Small amounts of process water required for a wash plant (if one is to be used in this operation) will be obtained from an existing alluvial well located near the southeast corner of Cell 1 (to the exterior of the slurry wall). This well is currently permitted with the OSE . The slurry-wall lined pit will create an impediment of sorts to the current unrestricted flow of groundwater in the immediate area. However, there are no alluvial wells or below-grade structures nearby that would be negatively impacted by groundwater effects caused by the slurry wall. This would mean drying-up of an alluvial well in the groundwater "shadow" of the slurry wall or flooding of basements by "mounding" of groundwater in the up-gradient area of the slurry wall. The Lupton Lakes Pit operated by Martin-Marietta Materials to the east of the proposed Chavers Mining Resource is an extremely large sand and gravel mining operation which currently has approximately 1 /3 of it's circumference enclosed by a clay-liner and upon completion will have a complete clay liner placed around the pit and will block groundwater coming onto the Chavers site from the east and somewhat from the southeast. The property to the south is vacant and is owned by the City of Aurora for future expansion of large alluvial wells as part of their Prairie Waters project. If mounding were to occur upgradient from the Chavers slurry wall, Aurora's alluvial well pumping would not be negatively impacted and in fact, would probably enhance their pumping needs. The land to the north and west would not be impacted at all. July 2015 Chavers Mining Resource Regular 112 Permit Application 6.4.7 EXHIBIT G - WATER INFORMATION Surface Water The nearest major watercourse is the adjacent South Platte River, which flows from the south to the north . Initial dewatering effluent and any incidental build-up of water interior to the site from precipitation will be discharged to the South Platte River as shown on Exhibit C-2 . Prior to any discharge activity to the South Platte River, the operator will obtain a Colorado Discharge Permit System (CPDS) discharge permit. July 2015 Chavers Mining Resource Regular 112 Permit Application 6.4.8 EXHIBIT H — WILDLIFE INFORMATION Wildlife Habitat Characteristics Wildlife habitat types in and near the area to be mined include only pastureland and the South Platte River riparian corridor. The area to be mined is currently vacant and unused but was most recently used for horse pasture and was over-grazed . The grazing tended to keep the vegetation short minimizing cover for wildlife and although weeds have increased, is still in that condition. The area is suitable for species that prefer sparse cover, such as horned lark (Eremophila alpestris). The riparian corridor is outside the area to be mined . There are many large cottonwood trees within that zone as well as willows. Some cottonwoods are also within the area to be mined on the west side of the proposed permit area. These trees provide nesting habitat for species such as American robin ( Turdus migratorius) and mourning dove (Zenaida macroura). Common Species in the Area The riparian corridor is outside the area to be mined. Large cottonwood trees (Populus deltoides) present in the riparian corridor and on the site provide potential nesting habitat for hawks, owls, tree nesting songbirds and fox squirrels (Sciurus niger). However, no raptor nests have been observed in these trees during and since a late April 2008 site visit. At the time of the 2008 visit, leaves were just starting to emerge and raptor nests would have been easily observed , if present. The riparian corridor adjacent to the site provides habitat for a variety of small and medium sized mammals including deer mouse (Peromyscus maniculatus), eastern cottontail (Sylvilagus floridanus), raccoon (Procyon lotor), and striped skunk (Mephitis mephitis). Threatened and Endangered Wildlife Species One species listed as threatened and one listed as endangered by the U.S. Fish and Wildlife Service (USFWS), potentially use the proposed permit area. Preble's meadow jumping mice (Zapus hudsonius preblei; PMJM) are listed as threatened. They are associated with dense herbaceous riparian vegetation at the base of the Front Range. They have also been shown to feed up to 330 ft from the stream (USFWS, 2004). Several surveys to determine PMJM occurrence have been performed on the South Platte River between Brighton and Fort Lupton . No PMJM were found during these surveys ( Plage, 2008). Habitat on this site is not typical of habitat where PMJM are found . Therefore, it is unlikely that PMJM use the site. Clearance was obtained for mining this site from the USFWS with regard to the lack for presence for PMJM and that clearance letter follows this Exhibit H . Black-footed ferrets are obligate inhabitants of prairie dog towns (USFWS, 1989). Black-footed ferrets use prairie dog burrows for dens and their diet consists almost entirely of prairie dogs (Fagerstone, 1987). No prairie dogs were observed on the site. July 2015 Cha vers Mining Resource Regular 112 Permit Application 6.4.8 EXHIBIT H — WILDLIFE INFORMATION The site is within a block clearance zone for black-footed ferrets (USFWS, 2007). A block clearance zone is an area where the USFWS has determined that sufficient data exist to determine that a species does not occur there. Therefore, black-footed ferrets are unlikely to use the project site. Potential Effects After mining, the site will be converted to a water storage reservoir. Vegetation around the reservoir is likely to consist of native grasses. The several large cottonwoods on the site and the nesting habitat they provide will be lost during mining. There are no plans to plant trees around the reservoir. However, it is anticipated that ample nesting opportunities will continue to be present in the South Platte River riparian corridor adjacent to the site. The project is unlikely to affect threatened and endangered species for the following reasons. • The area to be affected is low quality PMJM habitat and no PMJM have been found in the project vicinity. • The area is within a black-footed ferret block clearance zone. References Fagerstone, K. 1987. Black-footed ferret, long-tailed weasel , short-tailed weasel, and least weasel. pp: 548-573. In : Novak, M . , J .A. Baker, M .E. Obbard , and B . Malloch (Eds). Wild Furbearer Management and Conservation in North America. Ontario Trappers Association and Ontario Ministry of Natural Resources. Toronto, Ontario. Plage, P. 2008. Personal communication between , P. Davis, Weiland , Inc. and P. Plage USFFWS. May 1 , 2008. U . S . Fish and Wildlife Service. 2004. Preble's meadow jumping mouse (Zapus hudsonius preblel) survey guidelines — revised April 2004. U .S. Fish and Wildlife Service, Ecological Services, Colorado Field Office, Denver, CO. U.S. Fish and Wildlife Services. 2007. USFWS block clearance areas for black-footed ferret surveys near Denver, Colorado July 2007. Map available at http://www.fws.gov/mountain-prairie/species/mammals/blackfootedferret /denver block clearance mao.ndf July 2015 Chavers Mining Resource Regular 112 Permit Application c='` , c;lr,,,,Nc7,2" United States Department of the Interior gea9 ' FISH AND WILDLIFE SERVICE N 3 Ecological Services Colorado Field Office P.O. Box 25486, DFC (65412) Denver, Colorado 80225-0486 IN REPLY REFER TO: ES/CO: T&E/PMJM/other 65412-2009-TA-0008 OCT 2 8 2008 Rob Laird Asphalt Specialties Company 101000 Dallas Street Henderson, Colorado 80540 Dear Mr. Laird: We are responding to your letter of September 30, 2008, requesting site disqualification under the authority conferred to the U.S. Fish and Wildlife Service (Service) by the Endangered Species Act of 1973 (ESA), as amended (16 U.S.C. 1531 et seq.) and Migratory Bird Treaty Act of 1918 (MBTA), as amended (16 U.S.C. 703 et. seq.). The Service has reviewed the Preble's meadow jumping mouse, Zapus hudsoniuspreblei (Preble's), habitat assessment report by Pete Davis for the Chavers Mining Resource Property (Section 18, Township 1 North, Range 68 West) in Weld County, :Colorado. The area to be mined currently supports a horse pasture and is sparsely vegetated. While the site is adjacent to the South Platte River corridor, Preble's have not been documented at or near the site. Based on the information provided, the Service finds the report acceptable and agrees that a population of Preble's is not likely to be present within the subject area. The Service concludes that the proposed project on this site should not have direct adverse effects on Preble's, Preble's habitat, or other federally-listed species. Thus, this site is disqualified for consideration under provisions of the ESA. Please note that this ESA clearance is valid for one year from the date of this letter. Should additional information regarding listed or proposed species become available, this determination may be reconsidered under the ESA. If the proposed project has not commenced within one year, please contact the Colorado Field Office to request a clearance extension. Mr. Davis commented on lack of observed raptor nests during his April 2008 site visit. However, we note that several large cottonwood trees will be removed from the site during the mining operation and mining will occur relatively near the wooded riparian corridor of the South Platte River. Under the MBTA,construction activities in grassland, wetland, and woodland habitats that would otherwise result in the taking of migratory birds, eggs, young, . Page 2 and/or active nests should be avoided. This would include take, through disturbance, of raptors or other birds nesting nearby. Although the provisions of the MBTA are applicable year-round, most migratory bird nesting activity in Colorado occurs during the period April 1 to July 15. Some migratory birds are known to nest outside this primary nesting season. For example, raptors can be expected to nest in woodland habitats during February 1 through July 15, whereas sedge wrens, which occur in some wetland habitats, normally nest from July 15 to September 10. For work initiated during the nesting season, or at any other time which may result in the take of nesting migratory birds, the Service recommends that the project proponent (or construction contractor) arrange to have a qualified biologist conduct a field survey of the affected habitats and structures to determine the absence or presence of nesting migratory birds. Surveys must be conducted during the nesting season. It is further recommended that the results of field surveys for nesting birds, along with information regarding the qualifications of the biologist(s) performing the surveys, be thoroughly documented and that such documentation be maintained on file by the project proponent (and/or construction contractor) for potential review by the Service (if requested) until such time as construction on the proposed project has been completed. The Service's Colorado Field Office should be contacted immediately for further guidance if a field survey identifies the existence of one or more active bird nests which cannot be avoided by the planned construction activities. Adherence to these guidelines will help to avoid the unnecessary take of migratory birds and the possible need for law enforcement action. If we can be of further assistance, please contact Peter Plage of my staff at (303) 236-4750. Sincerely, /94.4, - Susan C. Linner Colorado Field Supervisor pc: Plage PPlage:PMJMSurvey12008.25:1 023 08 6.4.9 EXHIBIT I - SOILS INFORMATION Weld County, Colorado, Southern Part 1--Altvan loam, 0 to 1 percent slopes Map Unit Setting • Elevation: 4, 500 to 4,900 feet • Mean annual precipitation: 14 to 16 inches • Mean annual air temperature: 46 to 48 degrees F • Frost-free period: 130 to 150 days Map Unit Composition • Altvan and similar soils: 90 percent • Minor components: 1 percent Description of Altvan Setting • Landform: Terraces • Down-slope shape: Linear • Across-slope shape: Linear • Parent material: Old alluvium Properties and qualities • Slope: 0 to 1 percent • Depth to restrictive feature: More than 80 inches • Drainage class: Well drained • Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.20 to 2.00 in/hr) • Depth to water table: More than 80 inches • Frequency of flooding: None • Frequency of ponding: None • Calcium carbonate, maximum content: 5 percent • Available water capacity: Low (about 5.7 inches) interpretive groups • Land capability classification (irrigated): 3s July 2015 Chavers Mining Resource Regular 112 Permit Application 6.4.9 EXHIBIT I - SOILS INFORMATION • Land capability (non irrigated): 4e • Ecological site: Loamy Plains (R067BY002CO) Typical profile • 0 to 10 inches: Loam • 10 to 25 inches: Clay loam • 25 to 60 inches: Gravelly sand Minor Components Aquic haplustolls • Percent of map unit: 1 percent • Landform: Swales 3—Aquolls and Aquents , gravelly substratum Map Unit Setting • Elevation: 4,000 to 7,200 feet • Mean annual precipitation: 12 to 18 inches • Mean annual air temperature: 45 to 55 degrees F • Frost-free period: 80 to 155 days Map Unit Composition • Aquolls and similar soils: 55 percent • Aquents, gravelly substratum, and similar soils: 30 percent Description of Aquolls Setting • Landform: Swales, streams, flood plains • Down-slope shape: Linear • Across-slope shape: Linear • Parent material: Recent alluvium Properties and qualities • Slope: 0 to 3 percent • Depth to restrictive feature: More than 80 inches July 2015 Chavers Mining Resource Regular 112 Permit Application 6.4.9 EXHIBIT I - SOILS INFORMATION • Drainage class: Poorly drained • Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.20 to 2.00 in/hr) • Depth to water table: About 6 to 48 inches • Frequency of flooding: Frequent • Frequency of ponding: None • Maximum salinity: Nonsaline to very slightly saline (0.0 to 4.0 mmhos/cm) • Available water capacity: Moderate (about 8.0 inches) Interpretive groups • Land capability (nonirrigated): 6w • Ecological site: Salt Meadow (R067BY035CO) Typical profile • 0 to 48 inches: Loam • 48 to 60 inches: Gravelly sand Description of Aquents, Gravelly Substratum Setting • Landform: Stream terraces • Down-slope shape: Linear • Across-slope shape: Linear • Parent material: Recent alluvium Properties and qualities • Slope: 0 to 3 percent • Depth to restrictive feature: More than 80 inches • Drainage class: Poorly drained • Capacity of the most limiting layer to transmit water (Ksat): Moderately high to very high (0.57 to 19.98 in/hr) • Depth to water table: About 6 to 24 inches • Frequency of flooding: Frequent • Frequency of ponding: None • Calcium carbonate, maximum content: 10 percent • Maximum salinity: Nonsaline to slightly saline (0.0 to 8.0 mmhos/cm) • Available water capacity: Moderate (about 6.6 inches) July 2015 Chavers Mining Resource Regular 112 Permit Application 6.4.9 EXHIBIT I - SOILS INFORMATION Interpretive groups • Land capability classification (irrigated): 6w • Land capability (nonirrigated): 6w • Ecological site: Salt Meadow (R067BY035CO) Typical profile • 0 to 48 inches: Variable • 48 to 60 inches: Very gravelly sand 10—Bankard sandy loam, 0 to 3 percent slopes Map Unit Setting • Elevation: 4,450 to 5,000 feet • Mean annual precipitation: 10 to 14 inches • Mean annual air temperature: 48 to 52 degrees F • Frost-free period: 95 to 160 days Map Unit Composition • Bankard and similar soils: 85 percent • Minor components: 9 percent Description of Bankard Setting • Landform: Low sand ridges, flood plains • Down-slope shape: Linear • Across-slope shape: Linear • Parent material: Stratified , recent alluvium Properties and qualities • Slope: 0 to 3 percent • Depth to restrictive feature: More than 80 inches • Drainage class: Somewhat excessively drained • Capacity of the most limiting layer to transmit water (Ksat): High (2 .00 to 6 .00 in/hr) • Depth to water table: More than 80 inches • Frequency of flooding: None July 2015 Chavers Mining Resource Regular 112 Permit Application 6.4.9 EXHIBIT I - SOILS INFORMATION • Frequency of ponding: None • Calcium carbonate, maximum content: 10 percent • Available water capacity: Low (about 4.5 inches) Interpretive groups • Land capability classification (irrigated): 4w • Land capability (nonirrigated): 4w • Ecological site: Sandy Bottomland (R067BY031 CO) Typical profile • 0 to 4 inches: Sandy loam • 4 to 60 inches: Stratified gravelly sand to loam Minor Components Mollic fluvaquents • Percent of map unit: 9 percent • Landform: Terraces 68---Ustic Torriorthents, moderately steep Map Unit Setting • Elevation: 4,450 to 5, 100 feet • Mean annual precipitation: 10 to 16 inches • Mean annual air temperature: 46 to 54 degrees F • Frost-free period: 120 to 160 days Map Unit Composition • Ustic torriorthents and similar soils: 85 percent Description of Ustic Torriorthents Setting • Landform: Escarpments, breaks • Down-slope shape: Linear • Across-slope shape: Linear July 2015 Chavers Mining Resource Regular 112 Permit Application 6.4.9 EXHIBIT 1 - SOILS INFORMATION • Parent material: Gravelly alluvium Properties and qualities • Slope: 9 to 15 percent • Depth to restrictive feature: More than 80 inches • Drainage class: Excessively drained • Capacity of the most limiting layer to transmit water (Ksat): High to very high (5.95 to 19.98 in/hr) • Depth to water table: More than 80 inches • Frequency of flooding: None • Frequency of ponding: None • Calcium carbonate, maximum content: 5 percent • Maximum salinity: Nonsaline (0.0 to 2 .0 mmhos/cm) • Available water capacity: Very low (about 1 .8 inches) Interpretive groups • Land capability (nonirrigated): 7s Typical profile • 0 to 10 inches: Gravelly sand • 10 to 60 inches: Gravelly sand July 2015 Chavers Mining Resource Regular 112 Permit Application Soil Map-Weld County, Colorado, Southern Part (CHAVERS ) 514800 514900 515000 515100 515 I 515300 515400 515500 St o f 4 c r liv 14 ? . , 4., .. _ . - :11r co ■i 11i . . ft- ' 4 ,1 r rrAs:.•x t) h i 8 r r 8 A v 'if !, !If ! t , i e • . 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If A .tk IN r, a, U) O . co a ZU Soil Map-Weld County, Colorado, Southern Part CHAVERS Map Unit Legend Weld County, Colorado, Southern Part (CO618) Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 1 Attvan loam, 0 to 1 percent 0.1 0.1 % slopes 3 Aquolls and Aquents, gravelly 52.0 69.4% substratum 10 Bankard sandy bam, 0 to 3 15.5 20.6% percent slopes 68 Ustic Torriorthent% moderately 5.2 7.0% steep 85 Water 1 2.2 I 2.9% Totals for Area of Interest (AOl) 75.01 100.0% Natural Resources Web Soil Survey 2.0 2/25/2008 Conservation Service National Cooperative Soil Survey Page 3 of 3 6.4. 11 -EXHIBIT J — VEGETATION INFORMATION The vegetation inside of the permit area consists almost entirely of dryland pasture grass and weeds. The property is currently vacant and has not been grazed for several years. Adjacent Land Uses and Vegetation Areas immediately adjacent to and within approximately 200 feet of the proposed site consist primarily of gravel mining, agricultural, oil and gas production, grazing, and transportation (Weld County Road 8 and SH85). There are no residential uses. July 2015 Chavers Mining Resource Regular 112 Permit Application 6.4.11-EXHIBIT K — CLIMATE INFORMATION July 2015 Chavers Mining Resource Regular 112 Permit Application Description: BRIGHTON 1 NE Time Series Id¢ntifier: 0950.NOAA.Precip.Month Data Source: NOAA Located in Water Division, District: 1 , 2 Measurement Type: Precip Located in County, State: ADAMS, CO Data Interval: Monthly Located in H VC: 10190003 Data Units: IN Latitude, Longitude 39.950001 , -104.833336 Elevation: 5,016.08 Time Series Creation History: Available Data: 1973 To 2007 Selected Time Series From: 1973.01 To 2007-12 Water Year Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Total 2008 1 .09 NC NC NC NC NC NC NC NC NC NC NC - NC Min: 0.02 0.10 0.00 0.00 0.00 0.22 0.06 0.14 0.05 0.12 0, 16 0.01 8.82 Max: 3 .35 2,27 2.09 1 .23 1 .48 5.25 5.49 5.70 4.56 4.76 4.02 2.66 20.56 Mean: 0.89 0.81 0.51 0.46 0.38 1 . 18 1 .71 2.29 1 .62 1 .58 1 .72 0.99 13.99 Notes: Years shown are water years. A water year spans October of the previous calendar year to September of the current year (all within the indicated water year). Annual values and statistics are computed only on non-missing data. NC indicates that a value is not computed because of missing data or the data value itself is missing. Report Date: 2008-02-29 Page 2 of 2 Refresh Date: 2007-10-31 Description: BRIGHTON 1 NE Time Series Identifier: 0950.NOAA.TempMean.Month Data Source: NOAH Located in Water Division, District: 1, 2 Measurement Type: MeanTemp Located in County, State: ADAMS, CO Data Interval: Monthly Located in HUC: 10190003 Data Units: F Latitude, Longitude 39.950001 -104.833336 , Elevation: 5,016.08 Time Series Creation History: Available Data: 1973 To 2007 Selected Time Series From: 1973.01 To 2007-12 Water Year Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Average 2008 . 53.29 NC NC NC NC NC - NC NC NC - NC NC NC NC- Min: 45.35 29.45 15.92 16.82 21 .43 34.84 42. 13 50.61 63.15 70.31 67.31 57.82 47.20 Max: 54.94 45.35 40.26 38.77 39.21 47.85 55.37 61 . 11 71 .82 76.58 74.97 67.35 52,85 Mean: 50.91 37.64 30.21 28.89 32.87 40.66 48.63 57.96 67.54 73. 15 70.92 62.47 50.15 Notes: Years shown are water years. A water year spans October of the previous calendar year to September of the current year (all within the indicated water year). Annual values and statistics are computed only on non-missing data. NC indicates that a value is not computed because of missing data or the data value itself is missing. Report Date: 2008-02-29 Page 2 of 2 Refresh Date: 2007-10-31 6.4.12 EXHIBIT L-RECLAMATION COSTS In 0 N to n_ O O O O O O O O '• Ott) O) O) to O) c0 CO C O O tt) O O O LOO O) CD CO CO CO CO O) ti (0 O O 06 O O O 00 6 6 t` - t-- Oj co O 06 00 •� N O O) O O O c- 1-- C ) h- LO O r CO CO r CO y r- 1~ it CO N O ' O LC) t!) d CD C7 r CO r 0 O) U, r n 69 r 4t 'ct r- 0> CA N Eft LO O O) N N N (14 b9 Ef3 (f3 t!) W 6,9 CO w 0 0 LO LO CO O h ti O O 0000, co Ei9 ei9 69 EA In 0 01 C V N Z (A 0 Q O c N _ 0 Z o rn o .� 0 0 0 m z a (D 6 N Q > ~ o F- CD N r 13/4 Co Q CD Co O U c �. Z O v U O co is b co F-- O c .,... v ° O C U U o O 0 0 U a 4= O o c`? o a tri J ~ O O 2 O Eta co co a g Cl)� n 0 0 a ° U U 0 v v o �' v cooi- r. O m 0 a) 2 -Q co of) O cn alv ' O o c c 'Li) � � � c o o .� ° O co S �:. • a) = O ' o O ° c 0 N N co N O c) O U 2 CD 0 o C = a V 0 = �• r t• a0 v L- -n a� p r ° a p '4- u) U v ° ~ ° vc aci p ° co co E cn U- O o v c ` co fn a ° ° o O m m c o ° c° ° E CO J °a ° a) r U C v) c o o _ cn a3 - o o d c •Lo L < c o z N O00 Q co • 92 O ca, a) r I= m o {n = Y CC g N Q ° (n _ O E ri C CO wct U U -- > -O 4-- Co + is c co co o 00 ° O Q m ate) o ° o o °c) a°i _ mmort2 F-- Ow :_,, a -) d F— O wCC o Lu a E r N CO LC) I"- F- I r N CO 'd' r N CC lam 2 0 W w p R, O m 0 T CI Z 6.4. 13-EXHIBIT M - OTHER PERMITS AND LICENSES Ft. Lupton Special Use Permit and Annexation An application for a Special Use Permit (SUP) has been submitted just previously to this DRMS 112 Permit application to the City of Ft. Lupton, Colorado as part of the land use permission granted to mine the Chavers Mining Resource. The SUP was submitted as part of the process for annexation of this property to Ft. Lupton. Approval from Ft. Lupton will be obtained through the SUP process before mining would begin on this property. Colorado Discharge Permit System (CDPS) State Discharge Permit/Stormwater Permit Prior to any ground-disturbing activities at the proposed permit area that would cause the need for water discharge to the South Platte River, a CDPS/Stormwater Permit will be obtained from the Colorado Department of Public Health and Environment (CDPHE) that will account for any and all offsite discharge and will contain a plan for control of that discharge. Air Permits Prior to any ground-surface disturbing activities (overburden removal and stockpiling, access road development, haul road construction, or material hauling) for the Chavers Mining Resource, the operator will obtain a site Fugitive Dust Permit from the CDPHE for these activities. This permit will be kept active during the entire life of the mine. State Engineers Temporary Substitute Water Supply Plan/Gravel Pit Permit A Temporary Substitute Supply Plan (TSSP) was submitted to the State Engineer for review and approval in 2008 as part of the original process for this DRMS submittal and initial review comments were received back from the consulting reviewer. This process will be repeated again as part of this new submittal and prior to commencement of any mining operations on the Chavers Mining Resource, TSSP plan approval will be obtained from the State Engineer. July 2015 Chavers Mining Resource Regular 112 Permit Application 6.4.14-EXHIBIT N - SOURCE OF LEGAL RIGHT TO ENTER July 2015 Chavers Mining Resource 1 Regular 112 Permit Application APPLICANT'S INTEREST IN THE PROPERTY AND LEGAL RIGHT TO ENTER The Applicant, Asphalt Specialties Co., Inc. is granted the legal right by the property owner (Hunt Brothers Properties, Inc.) to apply for permitting and zoning to mine sand and gravel on the property owned in fee simple and as set out below and in the attached Special Warranty Deed (Attachment). I certify that Asphalt Specialties Co., Inc. is the Applicant for the Chavers Mining Resource and has my permission, as owner of the property, to apply for the mining permits and mine and produce products on the property described in the Attachment and as certified below: Weld County Parcel ID Nos: 147118000037 and 147118300091 Section 18, Township 1 North, Range 66 West, 6th PM Weld County, Colorado By: Daniel W. Hunt, President, Hunt Brothers Properties, Inc. Signed and sworn to me this 70 day of l y , 2015, by Daniel W. Hunt, President, Hunt Brothers Properties, Inc. ACKNOWLEDGEMENTS STATE OF COLORADO ) ) ss. COUNTY OF ADAMS ) Witness my hand and official seal .fiu , 17 J gl9 4(a3o $2 r Notary Public $ELso%, i ce'o- A 4\4 Mtiefl2,20/y Commission Expires i a • w is CP/6s"/ R`4 0 , 1111111111111111111111111111111111111111111111111111111 3526538 01/02/2008 10:50A Weld County, CO 538 1 of 6 R 26.00 C Steve Moreno Clerk & Recorder AFTER RECORDING RETURN TO: NICOLE R. AMENTSi ' T BROWNSTEIN HYATT FARBER AND SCHRECK t8 O0Cut')1efltary Fee 410 SEVENTEENTH STREET, SUITE 2200 Date DENVER, COLORADO 80202 SPECIAL WARRANTY DEED THIS DEED, made this 21 " day of December, 2007, is between EDITH JEAN CHA VERS, an individual ("Grantor"), and HUNT BROTHERS PROPERTIES, INC., a Colorado corporation ("Grantee"), whose street address is e.'o Asphalt Specialties Co., lnc., 10100 Dallas Street, Henderson, Colorado 80640. WITNESSETH, that the Grantor, for and in consideration of Ten and No/ 100 Dollars ($ 10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors, transferees and assigns forever, all the real property (the "Property"), together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as follows: SEE EXI-IIW "A" ATTACHED HERETO AND INCORPORATED HEREIN. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and any and all easements or right to use easements relating to the Property, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors, transferees and assigns forever. The Grantor, for itself, and its successors, does covenant, and agree that it shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Grantee, its successors, transferees and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor, except and subject to the matters set forth on Exhibit "B" attached hereto and incorporated herein by this reference. [signature page follows] [The remainder of this page intentionally left blank] - 1 - U I 1 '29\1105019.2 lei P/ -e) (YX 3:01 .1 mini 1��11 1111111111111!!31.26638 a„ 11(1111111111192/260811111111 2 10:50A of 6 R 26.00 D Ste Weld Moreeno County, Clerk & Recorder • IN WITNESS WHEREOF, the Grantor has caused its name to be hereunto subscribed on the day and year first above written. GRANTOR: ( ;if- 6._ EDITH JEAN CHAVERS, an individual STATE OF (I D ) COUNTY OF 1,, _�./ ) ss. The foregoing instrument was acknowledged before me this da of December 2007, by EDITH JEAN CHAVERS. y ' Witness my hand and official seal. My commission expires: JUDITH A. KUKOL .� NOTARY PUBLIC r _STATE OF COLA RADO , tary Public My Commission Expires Oct. 22, 2010 / I • - 2 - SIGNATURE PAGE 8711 9:1 I Q5019 2 SPECIAL WARRANTY DEED 11111111111111111111111111111(11111111 III 11111 111I 1111 3626538 01/02/2008 10:50A Weld County, CO 3 of 5 R 26.00 0 Steve Moreno Clerk & Recorder EXHIBIT "A" (Legal Description) THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6T" P.M., WELD COUNTY, COLORADO, EXCEPTING THEREFROM THAT PORTION LYING EAST OF THE DITCH AS CONVEYED TO WILBUR H. ALLEN BY DEED RECORDED IN BOOK 254 AT PAGE 524, AND ALSO EXCEPTING THAT PORTION CONVEYED TO THE STATE HIGHWAY COMMISSION OF COLORADO BY DEED RECORDED IN BOOK I399 AT PAGE 233, COUNTY OF WELD, STATE OF COLORADO TOGETHER WITH 100% OF ALL SAND AND GRAVEL RIGHTS PERTAINING TO SAID PROPERTY. SAID PARCEL CONTAINING 41 ACRES, MORE OR LESS. AND THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION I8, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M., (40 ACRES MORE OR LESS) COUNTY OF WELD, STATE OF COLORADO, EXCEPT THAT PORTION CONVEYED TO THE STATE HIGHWAY COMMISSION OF COLORADO IN DEED RECORDED OCTOBER 7, 1954 IN BOOK 1401 AT PAGE 296. [The remainder of this page intentionally left blank/ $71 1\29\.1 105019.3 6.4. 15-EXHIBIT O - OWNER(S) OF RECORD OF AFFECTED LAND (SURFACE AREA) AND OWNERS OF SUBSTANCE TO BE MINED The owners of record of the subject property and substance to be mined is Hunt Brothers Properties, Inc. A copy of the Special Warranty Deed illustrating ownership is contained in Exhibit N. Owners of surrounding land and structures within 200 ft. of the Affected Area are shown on Exhibit C-1 , the Pre-Mine Map. July 2015 Cha vers Mining Resource Regular 112 Permit Application 6.4. 16-EXHIBIT P - MUNICIPALITIES WITHIN 2 MILES The municipal boundary of the City of Fort Lupton is currently located within two miles of the proposed permit area to the east. The Chavers Mining Resource property is slated for annexation to Ft. Lupton. City of Fort Lupton 130 S. McKinley Fort Lupton, CO 80621 July 2015 Chavers Mining Resource Regular 112 Permit Application 6.4. 17-EXHIBIT Q - PROOF OF MAILING NOTICES TO BOARD OF COUNTY COMISSIONERS AND SOIL CONSERVATION DISTRICT July 2015 Chavers Mining Resource Regular 112 Permit Application 6.4. 18- EXHIBIT R — PROOF OF FILING WITH COUNTY CLERK AND RECORDER July 2015 Chavers Mining Resource Regular 112 Permit Application 6.4. 19- EXHIBIT S - PERMANENT MAN-MADE STRUCTURES Permanent man-made structures within 200 feet of the affected land for this application are shown on Exhibit C-1 , Pre-Mine Plan Map. A Surface Use Agreement (SUA) has been approved and signed by both Anadarko and ASCI for mining and backfilling adjacent to their facilities. A geotechnical slope stability analysis is provided in Exhibit S . Based on the results of the Geotechnical Slope Stability Analysis, the limits of mining have been set back a minimum of 25 ft from all permanent man-made structures. All permanent man-made structures within 200 feet of the affected land and on the affected land are listed in table 6.4. 19-1 and are shown on Exhibit C-1 . Table 6.4.19-1 — Permanent Manmade Structures Within 200 ft Structure I .D.* Owner & Description 1 CDOT - State Highway 85 2 Weld County - Road 8 3 Buckeye NGL pipelines - High Pressure Gas Line 4 Qwest — Underground Telephone Line 5 Weld County - Road 8 Bridge 6 City of Aurora — Abandoned Residential Structure 7 United Power - Utility Poles 8 Anadarko — Oil & gas Well 14-18A Chavers 9 Anadarko - Oil & Gas Flow Line 10 Anadarko — Oil & Gas Sales Line 11 Anadarko - Oil & Gas Tanks 12 Anadarko — Oil & Gas Production Equipment 13 Anadarko — Oil & Gas Well 11 -18 HSR-Watada 14 CDOT — Barbed Wire Fence 15 CDOT — 6' X 8' Concrete Box Crossing (Livestock) July 2015 Chavers Mining Resource Regular 112 Permit Application 6 . 5- GEOTECHNICAL STABILITY EXHIBIT July 2015 Chavers Mining Resource Regular 112 Permit Application AFFIDAVIT FROM THE WELD COUNTY CLERK & RECORDER This will acknowledge receipt of the Mined Land Reclamation Board Application for a Construction Materials 112 Regular Permit for the Chavers Mining Resource. This document is on file in the office of the Weld County Clerk to the Board, 1150 "O" Street, Greeley, Colorado, 80631 , for public inspection. Dated this RECEIVED S Yasti JUL 2 2 2015 Weld County Clerk to the Board WELD COUNTY COMMISSIONERS Hello