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Home My WebLink About20141458.tiff DNR COLORADO CO Division of Reclamation, RECEIVED Mining and Safety Department of Natural Resources 1313 Sherman Street, Room 215 DEC 2 9 2014 Denver, CO 80203 WELD COUNTY COMMISSIONERS Notice of 112c Construction Materials Financial Warranty Reduction Request Consideration DATE: December 24, 2014 TO: Weld County Commissioners County Commissioner 915 10th St Greeley, CO 80631 FROM: Eric C. Scott, Environmental Protection Specialist EC—tilt rely RE: Bestway Concrete Company,The Shores,Permit No. M-1998-013 Please be advised that on December 23, 2014, Bestway Concrete Company, whose address and telephone number are 301 Centennial Dr., Milliken, CO 80543; (970) 587-7277, submitted a request for financial warranty reduction for The Shores, Permit No. M-1998-013. The construction materials extraction operation is located at or near Section 1,Township 2N,Range 68W, 06th Prime Meridian, in Weld County. Written comments or objections to the financial warranty reduction may be submitted to, and additional information obtained from, the Division of Reclamation, Mining and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567. Comments or objections should be submitted within 15 days. The Division is required to wait 30 days after the release decision is made to allow for appeals. 20,4— �I 1`45. ? It 1-31-/ �l CG�L,�� 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us `* 49J3 *; John W. Hickentooper, Governor I Mike King, Executive Director I Virginia Brannon, Director r*,,1876.i May 5, 2014 Clerk to the Board of Weld County Commissioners 915 Tenth Street, Rm 317 Greeley, CO 80632 RE: Shores Gravel Mine Permit#M-1998.013- Burch Amendment - Updates Dear Clerk to the Board: As a requirement of the Division of Reclamation Mining and Safety (DRMS), updates to the complete Burch Amendment application must be on file at the County Clerk's Office and be available for public viewing. A copy of the updates on behalf of Bestway Concrete &Aggregates is attached. Please email andy@civilresources.com confirming you received this letter. As always, thank you for your assistance. Sincerely, Civil Resources, LLC RECEIVED /7L_ MAY 0 9 2014 WELD COUNTY COMMISSIONERS Andy Rodriguez, P.E. Project Engineer J:1Bestway-2131Firestone-Shoreskshores-burch amendment\DRMS Amendment Burch Property12013 applicationtAdequacy Review\update 4- 201411etter to cledc_signature reqted-5-2014.doc CC f cU '(A1((NI FK, 3fkl')C2-9—Aj 62-Ad 2014-1458 Ika � �`� 5191f�f MEMORANDUM TO: Civil Resources Project File, Bestway Concrete, DRMS FROM: Civil Resources, LLC DATE: May 5, 2014 RE: Shores Gravel Mine: M 1998.013-AMO2 Updates This memo describes the updates to the M 1998-013-AMO2. • The plans have been updated to show the additional 18.2 acre stockpile area on the south. • The 18.2 acre area of disturbance has been surveyed along with the northern Pond E area and "t-posts" have been set along the perimeter. • Three additional wells have been drilled and documentation sent to the Colorado Division of Water Resources. • Legal right to enter the southern disturbed area has been granted to Bestway Concrete. • The exhibits and application areas have been updated. • The plans have been submitted along with the updated area of disturbance to the Weld County Clerk and Recorder. J1Bestway-2131Firestone-Shoreslshores-burch amendment\DRMS Amendment Burch Property12013 application1Adequacy Reviewlupdate 4-20141Memo-update- shoresAMO2.doc STATE OF COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources 1313 Drennan St,Room 215 Dener,Colorado 110203 C O L O R A D O DIVISION Of Phone(303)866-3567 RECLAMATION FAX:(303)832-8106 CONSTRUCTION MATERIAL SAF MINING REGULAR(112)OPERATION ETY RECLAMATION PERMIT APPLICATION PACKAGE APPLICABILITY: This application package is for a construction materials operation which affects 10 acres or more. If you plan to conduct a construction materials extraction operation which meets these criteria,please follow the instructions provided in this package, in the Rules and Regulations, and in the Colorado Land Reclamation Act for the Extraction of Construction Materials,as required. RECOMMENDATIONS PRIOR TO FILING: The Construction Material Rules and Regulations(the Colorado Land Reclamation Act for the Extraction of Construction Materials, Section 34-32.5-101, et seq., C.R.S., and 2 CCR 407-1)and the Colorado Mined Land Reclamation Board(the "Board")regulate the permitting,operational and reclamation requirements for all construction material extraction operations in Colorado. It is your obligation to comply with the Act and Regulations. You are encouraged to obtain and review a copy of the Rules, available for $8.00 from the Division of Reclamation, Mining, and Safety(the "Office"). In order to submit your application properly, it is recommended that you review the Act and: Rule 1.1 Definitions; Rule 1.4.1 Application Review and Consideration Process; Rule 1.4.5 Specific Requirements for Regular 112 Operations; Rule 1.6 Public Notice Procedures; Rule 3.1 Reclamation Performance Standards; Rule 3.3.1 Operating without a Permit-Penalty, Rule 4 Performance Warranties and Financial Warranties; Rule 6 Permit Application E.xhii)it Requirements; PP Rule 6.2 General Requirements of Exhibits; Rule 6.4 Specific Permit Application Exhibit Requirements;and Rule 6.5 Geotechnical Stability Exhibit It is recommended that you contact the agencies listed in the application section titled"Compliance With Other Laws"prior to submitting the application to the Office. - ii - FILING REOUIREMENTS: In order to apply for a Reclamation Permit for a Regular 112 Operation, please provide: o One (1) signed and notarized completed ORIGINAL and one (1) copy of the completed original Regular 112 Operation Application Form. ORIGINAL SIGNATURES MUST BE DONE IN BLUE INK. o Two (2) copies of Exhibits A-S (required sections described in Rule 6). o Two(2)copies of Addendum 1 -Notice requirements(described in Rule 1.6.2(1)(b)).A sample of this notice is attached for your use. o The Geotechnical Stability Exhibit when required by the Division. o The application fee. The ninety(90)day period for review of the application and exhibits will NOT begin until all required information and fee are submitted. The Office will then review the submitted information for adequacy. NOTICE REQUIREMENTS: I. You MUST send a notice,on a form approved by the Board,to the local board of county commissioners. A copy of this "Notice of Filing Application" form is attached for your use. 2. If the mining operation is within the boundaries of a conservation district, send a notice to the board of supervisors of the conservation district, PRIOR to filing the application. A copy of this "Notice of Filing Application" form is attached for your use. 3. You MUST include proof of notice #1 and #2 above with the application at the time the application is submitted to the Office for filing (Rule 1.6.2(1)(g)). 4. PRIOR to filing the application,place for public review a copy of the application,less confidential items,with the clerk or recorder of the county or counties in which the affected land is located. 5. You MUST include an affidavit or receipt demonstrating that the application was filed with the county clerk or recorder at the time the application is submitted to the Office for filing. 6. Any changes or additions made to an application submittal MUST be filed with the county clerk or recorder. You MUST also provide the Office with an affidavit or receipt demonstrating that the change was filed with the county clerk or recorder no later than the close of business on the day the change was filed with the Office (Rule 1.8.1(2)). 7. Within ten(10)days after your application is considered filed,you must publish four times in a newspaper of general circulation, in the locality of the proposed mining operation, the notice described in Rule 1.6.2(1)(d). 8. In addition, after the first publication you must mail or personally serve a copy of the notice described in Rule I.6.2(1)(d)to all owners of record of surface rights to the affected land and all owners of record of lands that are within 200 feet of the boundary of the affected land(Rule 1.6.2(1)(e)). A copy of a form which includes all required information for the notice is attached for your use. - 111 - 9. Prior to the Office making a decision(consideration of the application),you MUST submit a copy of the proof of publication from the newspaper and proof of all required notices. Proof of the notices may be by submitting copies of return receipts of a certified mailing or by proof of personal service (Rules 1.4.1(4), 1.4.2(4)(c), 1.6.2(1)(a)(ii), and 1.6.2(1)(g)). The copy of the application and any changes or additons placed at the office of the county clerk or recorder shall NOT be recorded, but shall be retained there for at least sixty (60) days after a decision on the application by the Office and be available for inspection during this period. At the end of this period, the application may be reclaimed by the applicant or destroyed(Rule 1.6.2(2)). APPLICATION REVIEW PROCEDURES: The Office shall approve or deny the application within ninety (90) days of filing unless the date for consideration by the Office is extended pursuant to Rule 1.8. The time for consideration shall not be extended beyond ninety(90)days after the last such change submitted. For complex applications,the review period may be extended an additional sixty(60) days. Please see Rule 1.1(10) for the definition of what constitutes a complex application. APPLICATION APPROVAL/DENIAL: If the requirements of the Act and Mineral Rules have been satisfied, the Office will approve the application. The Act also provides for automatic approval if no action is taken by the Office by the end of the review period. If the Act and Regulation requirements have not been satisfied, the Office will deny the application. If the Office denies the application,you may appeal to the Board for a final determination by submitting a written request for administrative appeal to the Board within 60 days of the decision date (Rule 1.4.7). PERFORMANCE AND FINANCIAL WARRANTIES: A performance warranty, and a financial warranty dollar amount determined during the application review process,must be submitted and approved by the Office PRIOR to permit issuance. A financial warranty should NOT be submitted until a decision on the application has been made. If the applicant is a unit of state or county government,then ONLY a performance warranty is required. Several different types of financial warranties are allowed by the law. Please review Rule 4.0 to determine which type of financial warranty you desire to use. You may obtain the appropriate warranty forms from the Office during the application review period. Please note that an application approval DOES NOT convey a right to begin operations. You MUST submit, and have approval of your performance and financial warranties, and receive your copy of the signed permit document PRIOR to beginning on-site mining activity. AUTOMATIC PERMIT APPROVAL: An automatic approval will occur where the Office fails to notify the applicant/operator that the application has been denied. This decision must be made ninety (90) calendar days from the date the application was determined to have been filed. However,the performance and financial warranties must be submitted and approved by the Office before the permit will be issued even if you receive an automatic approval. NO MINING OPERATIONS SHALL BEGIN UNTIL A PERMIT IS ISSUED (Section 34-32.5-109(1), C.R.S.). - iv - COMPLIANCE WITH OTHER LAWS: Compliance with the Act and Rules and Regulations of the Mined Land Reclamation Board DOES NOT relieve you of your responsibility to comply with all other applicable state and federal laws. We recommend that you contact the following agencies to determine whether you need to comply with their legal requirements: o The Colorado State Historical Preservation Office regarding properties of historical significance including the need for an archeological survey, procedures for requesting a file search, and inventory forms to identify structures. o Colorado Division of Water Resources with regard to water rights; o Colorado Department of Health,Water Quality Control Division,with regard to the discharge of pollutants into the State waters; o Colorado Department of Health, Air Pollution Control Division, with regard to the need for a fugitive dust permit; o U.S. Bureau of Land Management or the U.S. Forest Service if the proposed operation will occur on federal lands; o U. S. Army Corps of Engineers regarding a dredge and fill (404)permit; and o The County Planning Department for the county or counties in which your proposed operation is located. Section 34-32.5-109(3),C.R.S,requires a mining operator to be responsible for assuring that the mining operation and the post-mining land use comply with local land use regulations and any master plan for extraction adopted pursuant to Section 34-1-304, C.R.S. COMPLETION OF MINING: Upon completion of any phase of reclamation,you should consult Rule 3.1 for reclamation standards and 4.16 for details on how to request a reclamation responsibility release from the Board. STATE OF COLORADO DMSION OF RECLAMATION,MINING AND SAFETY Deportment of Natural Rewuoes 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) is Amendment Application(Rule 1.10) rConversion Application(Rule 1.11) Permit# M 1998 013 - (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): Bestway Concrete&Aggregates 1.1 Type of organization(corporation,partnership,etc.): Corporation 2. Operation name(pit,mine or site name): The Shores- Burch Property 3. Permitted acreage(new or existing site): 309.80 permitted acres 3.1 Change in acreage(+) 60.3 acres 3.2 Total acreage in Permit area 370.1 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 5. Primary commoditie(s) to be mined: Sand Gravel 5.1 Incidental commoditie(s)to be mined: 1. Tom- 20'000Ibs/Tons/yr 2. / lbs/Tons/yr 3. lbs/Tons/vr 4. / lbs/Tons/yr 5. / lbs/Tons/yr 5.2 Anticipated end use of primary commoditie(s)to be mined: Construction Materials 5.3 Anticipated end use of incidental commoditie(s)to be mined: - 2 - 6. Name of owner of subsurface rights of affected land: Bestway Concrete & Aggregates If 2 or more owners,"refer to Exhibit O". A,.,, 7. Name of owner of surface of affected land: Beltway Concrete &Aggregates 8. Type of mining operation: 151 Surface ID Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN(check one): 151 6th(Colorado) l ( 10th(New Mexico) 11 Ute SECTION(write number): S TOWNSHIP(write number and check direction): T 2 North a South RANGE(write number and check direction): R 68 n East n West QUARTER SECTION(check one): n @ El SW QUARTER/QUARTER SECTION(check one): NE In NW SE SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): The Shores is adjacent to the northern border of Firestone and the elevation is approximately 4,750 feet 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 09 sec 39 .29 (2 decimal places) Longitude(W): deg 104 min 57 sec 34 06 (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 1 3 Zone Fasting Northing - 3 - 11. Correspondence Information: APPLICANT/OPERATOR (name,address, and phone of name to be used on permit) Contact's Name: Mark Title: Compliance Manager Company Name: BestwaY Concrete&Aggregates Street/P.O. Box: 301 Centennial Drive P.O. Box: City: Milliken State: CO Zip Code: 80543 Telephone Number: 1970 )_ 587-7277 Fax Number: (970 )- 587-7287 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Andy Rodriguez Title: Project Manager Company Name: Civil Resources, LLC Street/P.O. Box: 323 Fifth Street P.O. Box: 680 City: Frederick State: CO Zip Code: 80530 Telephone Number: (303 )_ 833-1416 Fax Number: (303 )- 833-2850 INSPECTION CONTACT Contact's Name: Mark Johnson Tide: Compliance Manager Company Name: Bestway Concrete&Aggregates Street/P.O. Box: 301 Centennial Drive P.O. Box: City: Milliken State: CO Zip Code: 80543 Telephone Number: (970 )_ 587-7277 Fax Number: (970 )- 587-7287 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. Primar future(Post-mining)land use(check one): Cropland(CR) fl Pastureland(PL) General Agriculture(GA) n Rangeland(RL) Forestry(FR) Wildlife Habitat(WL) flResidential(RS) Recreation(RC) Industrial/Commercial(IC) 17 Developed Water Resources(WR) Solid Waste Disposal(WD) 13. Primar resent land use check one : Cropland(CR) Pastureland(PL) General Agriculture(GA) Rangeland(RL) Forestry(FR) Wildlife Habitat(WL) Residential(RS) Recreation(RC) Industrial/Commercial(IC) Developed Water Resources(WR) 14. Method of Mining: Briefly explain mining method(e.g. truck/shovel): Material will be mined with excavation equipment,placed in haul trucks,transported to processing equipment on site. 15. On Site Processing: EU Crushing/Screening 13.1 Briefly explain mining method(e.g. truck/shovel): Crushing,screening,washing of stockpiled sand and gavel,production of concrete and asphalt,miffing to recycle concrete and asphalt. List any designated chemicals or acid-producing materials to be used or stored within permit area: Cement for concrete production. 16. Description of Amendment or Conversion: If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s). The purpose of this amendment is to add the 42.06 acre Burch property and the southern 18.2 acre area of disturbed land to the Shores operation. EXHIBIT D - MINING PLAN - UPDATE 5-2014 This information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.4 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: (a) Description of the method(s) of mining to be employed in each stage of the operation as related to any surface disturbance on affected lands; The proposed permit area includes a significant deposit of sand and gravel located in the alluvium of the Saint Vrain River in Weld County. The site is located north of Weld County Road 24/Highway 119 and east of Weld County Road 9/5. It encompasses eight parcels totaling approximately 370.1 acres. This Amendment specifically includes approximately 60.3 acres in the southeast corner of Weld County Road 11.25 and Weld County Road 26. Site Preparation: Initial disturbance of the property will include: clearing the site of existing structures (with exception of the structures to remain), constructing the slurry wall, dewatering the site, and stripping the topsoil and overburden material. Mining: After the slurry wall installation, dewatering trenches will be excavated down to bedrock to dewater the portion of the site located within the slurry wall. Groundwater collected in the dewatering trench will be pumped into a settling pond and ultimately discharged to Tri-Town Drainage located on the east end of the property that drains to the Saint Vrain River. Once water levels are controlled through the dewatering system, scrapers will strip the topsoil and overburden material from a given phase and stockpile them separately for use during site reclamation. Any excess material not needed for reclamation may be sold or hauled off-site during the life of the mine. The sand and gravel material will be excavated down to bedrock. Each phase will be dry-mined using scrapers, bulldozers, front-end loaders, excavators, or similar equipment. The mining on this site will progress in two phases, ranging in size from 21-22 acres and proceeding from east to the west. The operator will develop and comply with a Stormwater Management Plan and Spill, Prevention, Control and Countermeasures Plan. The operator will notify the Division of Mine Safety and Reclamation in the event of a reportable spill. Processing: All material mined under this proposed application will be transported by conveyor or haul truck to the processing area. Import Material: Bestway Concrete &Aggregates may import material from and export material to other sites. The applicant is aware that in accordance with Rule 3.1.5(9) of the Construction Bestway Concrete&Aggregates—The Shores-Burch Property—MLRB 112 Permit Application Exhibit D- 1 Material Rules and Regulations, if any offsite material is used as backfill, a notarized letter will be submitted to the Division indicating the materials are inert. The applicant will supply such a letter to the Division if, at the time of Reclamation, the applicant intends to use off-site material as backfill. (b) Earthmoving; Topsoil and overburden will be stripped with scrapers or bulldozers and stockpiled in segregated piles at the edge of the active mine phase. Excavators, front-end loaders, and bulldozers will be used to excavate the material. Conveyor belts or haul trucks will be utilized to transport the raw material from the active mine phase to the processing area. The phases will be mined at a 3H:1V slope. (c) All water diversions and impoundments;and The perimeter of the mined area will be dewatered by digging a trench to bedrock. The water will be pumped into a settling pond and discharged in accordance with a CDPS permit. Wash water for the processing area will be recycled through a series of small ponds within the processing area. The water required to operate the facility will likely be provided by the existing water rights associated with the property. No ditches will be disturbed without prior authorization of the appropriate ditch company. (d) The size of area(s) to be worked at any one time. Excluding the processing area, the maximum area to be worked on at any one time is approximately 30 acres. (e) An approximate timetable to describe the mining operation. The timetable is for the purpose of establishing the relationship between mining and reclamation during the different phases of a mining operation. The Operator anticipates that mining will commence as soon as all permits are in place. The Operator anticipates extracting approximately 700,000 tons of aggregate per year, however, production rate may vary based on market demands. Timetable for Mining and Reclamation Phase 1: Mining will begin in Phase 1 and continue directly into Phase 2. Phase 1 will be mined in approximately 5 years and reclaimed in 1 year. Phase 2: Phase 2 will be mined in approximately 5 years and reclaimed in 1 year. Reclamation will begin immediately after mining is complete. When possible, concurrent reclamation practices will be used to minimize site disturbance and to limit material handling to the greatest extent possible. Please refer to the Mining Plan Map in Exhibit C for phase areas to be mined, locations and areas. Bestway Concrete&Aggregates—The Shores-Burch Property—MLRB 112 Permit Application Exhibit D-2 (f) Use Mining Plan Map in conjunction with narrative to present: (i.) Nature, depth and thickness of the deposit and thickness and type of overburden to be removed Exploratory borings drilled by Northern Colorado Geotech (NCG, 2007) primarily along the perimeter of the site, encountered approximately four to ten feet of overburden topsoil, silty sands and sandy lean clays overlying approximately 23 top 28 feet of sand and gravel on top of primarily claystone bedrock. Refer to Figure 2 of the Stability Analysis (Exhibit S) for locations of the property extents and boring locations. The bedrock depths in the proposed mine areas ranged from approximately 22 feet to 27 feet below the ground surface. (Bedrock contours are shown in Figure 3 of Exhibit S). (it) Nature of the stratum immediately beneath the material to be mined in sedimentary deposits The site is located approximately 15 miles east of the foothills of the Colorado Front Range on the western flank of the Denver Structural Basin. The basin is a downwarp of sedimentary strata that tends north-northwest, parallel to the mountain front. In the project area, the sedimentary bed dips gently eastward toward the axis of the basin east of the site, Based on regional geologic mapping (Colton, 1978), the near surface bedrock in the project area is the Paleocene and Upper Cretaceous Denver and Arapahoe Formations. The bedrock is overlain by upper Pleistocene and Holocene (Quarternary age) gravel deposits and eolian (wind blown) overburden soils. The gravel deposits exist primarily within the Broadway Alluvium deposit. The bedrock unit consists mainly of claystone and may contain lenses of siltstone and sandstone. (g) Identify the primary and secondary commodities to be mined/extracted and describe the intended use. The primary commodities are sand, gravel and fill; intended for construction materials. (h) Name and describe the intended use of all expected incidental products to be mined/extracted by the proposed operation. There are no expected incidental products to be mined. (i) Specify if explosives will be used in conjunction with the mining (or reclamation) No explosive material will be used on-site. Bestway Concrete&Aggregates—The Shores-Burch Property—MLRB 112 Permit Application Exhibit D-3 EXHIBIT L - RECLAMATION COSTS -UPDATE 5-2014 The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.12 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: Both Phase 1 and Phase 2 will have the same area that will be disturbed at one time, therefore this area is used to calculate the potential reclamation liability. • Phase 1 would be 100% mined and 100% reclaimed. Mining will be complete for this phase with mining occurring at the final shoreline reclamation slope (3H:1V). This phase will require final grading, topsoil placement, seed and mulch. • Phase 2 would be 100% mined and 100% reclaimed. This phase will be mined at the final shoreline reclamation slope (3H:1V). This phase will require final grading, topsoil placement, seed and mulch. • The processing area used for this property will be at the main Shores Pit, therefore there will be no reclamation of a processing area for the Burch Property. • The slurry wall is proposed to be installed prior to exposure of groundwater. Therefore we request the option for 20% bonding of this cost. The slurry wall design, specifications, and quality assurance plan will be approved through a technical revision process prior to exposure of groundwater in the pit. Groundwater may be exposed as necessary for construction of the slurry wall in accordance with the approved substitute water supply plan (SWSP). • The proposed reclamation cost includes only striping of material in the proposed disturbed areas and reseeding the areas already disturbed. Once agreements with the ditch companies have been finalized a more comprehensive reclamation bond will be finalized. Please refer to the attached table for estimates of quantities and associated costs. Bestway Concrete&Aggregates—The Shores-Burch Property—MLRB 112 Permit Application Exhibit L- 1 The Shores-Burch Property-Table for Reclamation/Bonding Cost Estimate Strippping Only M-1998-013 Activity Quantity Units Unit Costs Cost B. Other Costs 1 Scarify ground 28.26 AC $ 150.00 $ 4,239.00 2 Final grade and place 6"topsoil over remainder of disturbed area 8,115 CY $ 12.00 $ 97,380.00 3 Seed and mulch remainder of disturbed area 28.26 AC $ 550.00 $ 15,543.00 Subtotal $ 117,162.00 B. Other Costs 1 Ditch Cleanup 1.00 LS $ 10,000.00 $ 10,000.00 2 Road Cleanup 1 LS $ 2,500.00 $ 2,500.00 Subtotal $ 12,500.00 Total Disturbance Costs $ 129,662.00 Liability Insurance and Performance Bond (3.07%)-Based on DMG estimate $ 3,980.62 Contractor Overhead and Profit(10%)-Based on DMG estimate $ 12,966.20 Contractor Mobilization/Demobilization(5%) $ 6,483.10 Engineering Work and/or contract/bid preparation(4.25%) $ 5,510.64 Administration(5%)-Based on DRMS estimate $ 6,483.10 Total $ 165,085.66 Bestway Concrete Aggregate 301 Centennial Drive (1,79 Milliken,Colorado 80543 www.lollaldig.com LOT HOLOINO 1970)587-7200 April 15, 2014 Mark Johnson Bestway Concrete Company 301 Centennial Drive Milliken, Colorado 80543 Dear Mr. Johnson: In exchange for good and valuable consideration, in hand paid, Lot Holding Investments, LLC hereby grants to you, Bestway Concrete Company, the right to enter into the real property situate in Sections 1 and 2, Township 2 North, R68W of the 6th PM, County of Weld, State of Colorado, depicted on the attached drawing (the "Property") You and your officers, employees, contractors, and agents have permission to enter upon the Property for any and all purposes. We hereby confirm that you have the authority and right to execute all documents required to apply for and obtain permits and the like to perform such work on the Property. The permission granted by this letter shall be effective immediately, and shall remain in effect until May 31, 2014. Lot Holding Investments, LLC %C�51.Est/ 9 Bret Hall, Manager STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me on April ;it by Bret Hatt as manager of Lot Holding Investments, LLC. Witness my hand and seal. My commission expires: s/14 I IS N , eDzilo ry Public , • „opt` _. COLORADO DIVISION OF WATER RESOURCES Office Use Only Form GWS-46(11/2011) DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST.,Ste 821,DENVER CO 80203 Phone: (303)866-3581 Fax: (303)866-2223 dwrpermitsonline(a�state.co.us MONITORING/OBSERVATION Water Well Permit Application Review instructions on reverse side prior to completing form. The form must be typed,completed online or in black or blue ink. 1. Well Owner Information Name of well owner 6. Use Of Well Bestway Concrete &Aggregate Use of this well is limited to monitoring water levels Mailing address and/or water quality sampling 301 Centennial Drive 7. Well Data (proposed) City Total depth Aquifer State Zip code Milliken CO 80543 44 feet alluvial (st. vrain) Telephone# E-Mail(If filing online it is required) 8. Consultant Information (if applicable) 970 587 7277 mjohnson@BestwayConcrete.d Name of contact person 2. Type Of Application (check applicable boxes) ❑ Company name Use existing well ❑ Replacement for existing monitoring well: ❑Construct new well Permit no.: Other: monitoring well Mailing address 3. Refer To (if applicable) Monitoring hole acknowledgment Well name or# City State Zip Code MN- 52402 MW 3 4. Location Of Proposed Well (Important! See Instructions) Telephone if County WELD SE 1r4ofthe NE 1/4 9. Proposed Well Driller License#(optional): Section Township N or S Range EorW PrindpalMerdian "— 10. Name of Well Owner or Authorized Agent r. r r r The making of false statements herein constitutes perjury in the second 1 2 68 6th degree,which is punishable as a class 1 misdemeanor pursuant to C.R.S. 24-4-104(13)(a). I have read the statements herein,know the contents Distance of well from section lines(section linesare typically not property lines) thereof and state that they are true to my knowledge. 2755 Ft.from I- N'n S 73O Ft.from( E r W Sign or enter full name here Date(mn dd/yyyy) For replacement wells only—distance and direction from old well to new well feet direction If signing print name. Print title if other than land owner. Well location address(Include City,State,Zip) ❑ Check if well address is same as Item 1. Mark Johnson Office Use Only Optional: GPS well location information in UTM format You must Check GPS unit for required settings as follows: USGS map name DWR map no. Surface elev. Format must be UTM r Zone 12 or E Zone 13 Receipt area only Easting Units must be Meters Datum must be NADs3 Northing Unit must be set to true north Remember to set Datum to NAD83 Was GPS unit checked for above? ❑YES 5. Property Owner Information Name of property owner Bestway Concrete &Aggregate Mailing address 301 Centennial Drive City State Zip Code Milliken CO 80543 Telephone# DIV WD BA MD 970 587 7277 FORM NO. WELL CONSTRUCTION AND TEST REPORT For Office Use Only GWS-31 STATE OF COLORADO, OFFICE OF THE STATE ENGINEER 4/2012 1313 Sherman St.,Ste 821, Denver,CO 80203 Main(303)866-3581 Fax(303)866-3589 www.water.state.co.us 1. WELL PERMIT NUMBER: MW '3 - 52402 2.WELL OWNER INFORMATION NAME OF WELL OWNER: Bestway Concrete &Aggregate MAILING ADDRESS: 301 Centennial Drive CITY: Milliken STATE: CO ZIP CODE: 80543 TELEPHONE NUMBER w/area code: 970 587 7277 3. WELL LOCATION AS DRILLED: SE 1/4, NE 1/4, Sec., 1 Twp (x N or S, Fl Range 68 I❑ E or W x❑ DISTANCES FROM SEC. LINES: 2755 ft. from F N or 1 S section line and 730 ft.from CI E or❑W section line. SUBDIVISION: , LOT , BLOCK) FILING (UNIT) Optional GPS Location: GPS Unit must use the following settings: Format must be UTM, Units Owner's Well Designation: must be meters, Datum must be NAD83, Unit must be set to true N, f Zone 12 or Irl Zone 13 Easting: STREET ADDRESS AT WELL LOCATION: Northing: 4. GROUND SURFACE ELEVATION NA feet DRILLING METHOD DATE COMPLETED 04/16/2014 TOTAL DEPTH 44 feet DEPTH COMPLETED feet 5. GEOLOGIC LOG: 6. HOLE DIAM(in.) From (ft) To(ft) Depth Type Grain Size Color Water Loc. 4" 0 44 0-3 top soil fine brown 3-22 clayey send fine to coarse brown 3' 22-40 coarse gravel coarse brown 7. PLAIN CASING: 40-44 coarse gravel coarse brown OD(in) Kind Wall Size(in) From (ft) To(ft) 2" sch 40 154 0 20 PERFORATED CASING: Screen Slot Size(in): 10 slot 2" sch 40 .154 20 44 8. FILTER PACK: 9. PACKER PLACEMENT: Material sand Type Size 10-20 Interval 14-40 Depth 10. GROUTING RECORD Material Amount Density Interval Placement Remarks: bent 7 bags 100pcf 0-14 11. DISINFECTION: Type I Amt. Used 12. WELL TEST DATA: ❑Check box if Test Data is submitted on Form Number GWS 39 Supplemental Well Test. TESTING METHOD Static Level ft. Date/Time measured: , Production Rate gpm. Pumping Level ft. Date/Time measured , Test Length(hrs) Remarks: 13. I have read the statements made herein and know the contents thereof,and they are true to my knowledge. This document is signed(or name entered if filing online)and certified in accordance with Rule 17.4 of the Water Well Construction Rules,2 CCR 402.2. The filing of a document that contains false statements is a violation of section 37-91-108(1)(e),C.R.S.,and is punishable by fines up to$5000 and/or revocation of the contracting license. If filing online the State Engineer considers entering of licensed contractor name to be compliance with Rule 17.4 Company Name: Phone w/area code: License Number: Drilling Engineers N/A Mailing Address: Sign (or enter name if filing online) Print Name and Title Date COLORADO DIVISION OF WATER RESOURCES Office Use Only Form GWS-46(11/2011) DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST.,Ste 821,DENVER CO 80203 Phone: (303)866-3581 Fax:(303)866-2223 dwrpermitsonline(@state.co.us MONITORING/OBSERVATION Water Well Permit Application Review instructions on reverse side prior to completing form. The form must be typed,completed online or in black or blue ink. 1. Well Owner Information Name of well owner 6. Use Of Well Bestway Concrete & Aggregate Use of this well is limited to monitoring water levels Mailing address and/or water quality sampling 301 Centennial Drive 7. Well Data (proposed) City Total depth Aquifer State Zip code Milliken CO 80543 17 feet alluvial (st. vrain) Telephone# E-Mail(If filing online it is required) 8. Consultant Information (if applicable) 970 587 7277 mjohnson@BestwayConcreteo Name of contact person 2. Type Of Application (check applicable boxes) company name IDUse existing well ❑ Replacement for existing monitoring well: ❑Construct new well Permit no.: •Other: monitoring well Mailing address 3. Refer To (if applicable) Monitoring hole acknowledgment Well name or# City State Zip Code MH- 52403 MW 4 -52403 4. Location Of Proposed Well (Important! See Instructions) Telephone if county WELD SE 1/4 of the NE 1/4 9. Proposed Well Driller License#(optional): Section Township N or S Range E or W Principal Meridian 10. Name of Well Owner or Authorized Agent r. r r . The making of false statements herein constitutes perjury in the second 1 2 68 6th degree,which is punishable as a class 1 misdemeanor pursuant to C.R.S. 24-4-104(13)(a). I have read the statements herein,know the contents Distance of well from section lines(section lines are typically not property lines) thereof and state that they are true to my knowledge. 200 Ft.fromlT N S 2672 Ft.from F E r W Sign or enter full name here Date(mm/dd/yyyy) For replacement wells only—distance and direction from old well to new well feet direction If signing print name. Print title if other than land owner. Well location address(Include City,State,Zip) ❑ Check if well address is same as Item 1. Mark Johnson Office Use Only Optional: GPS well location information in UTM format You must check GPs unit for required settings as follows: USGS map name DWR map no. Surface elev. Format must be UTM r Zone 12 or r Zone 13 Receipt area only Easting Units must be Meters Datum must be NAD83 Northing Unit must be set to true north Remember to set Datum to NAD83 Was GPS unit checked for above? ❑YES 5. Property Owner Information Name of property owner Bestway Concrete & Aggregate Mailing address 301 Centennial Drive City State Zip Code Milliken CO 80543 Telephone# DIV WD BA MD 970 587 7277 FORM NO. WELL CONSTRUCTION AND TEST REPORT For Office Use Only GWS-31 STATE OF COLORADO, OFFICE OF THE STATE ENGINEER 4/2012 1313 Sherman St.,Ste 821, Denver,CO 80203 Main(303)866-3581 Fax(303)866-3589 www.water.state.co.us 1.WELL PERMIT NUMBER: MW 4 - 524O3 2. WELL OWNER INFORMATION NAME OF WELL OWNER: Bestway Concrete &Aggregate MAILING ADDRESS:301 Centennial Drive CITY: Milliken STATE: CO ZIP CODE: 80543 TELEPHONE NUMBER w/area code: 970 587 7277 3. WELL LOCATION AS DRILLED: NE 1/4, NW 1/4, Sec., 1 Twp? Ix N or S, Fl Range 68 C E or W E DISTANCES FROM SEC. LINES: 200 ft. from Ix N or I—S section line and 2647 ft. from ❑ E or IL W section line. SUBDIVISION: , LOT , BLOCK FILING (UNIT) Optional GPS Location: GPS Unit must use the following settings: Format must be UTM, Units Owner's Well Designation: must be meters, Datum must be NAD83, Unit must be set to true N, 1-1 Zone 12 or InI Zone 13 Easting: STREET ADDRESS AT WELL LOCATION: Northing: 4. GROUND SURFACE ELEVATION NA feet DRILLING METHOD DATE COMPLETED 04/16/2014 TOTAL DEPTH 44 feet DEPTH COMPLETED feet 5. GEOLOGIC LOG: 6. HOLE DIAM (in.) From (ft) To(ft) Depth Type Grain Size Color Water Loc. 4" 0 17 0-7 lop soil fine brown 7-9 fine grained sand line brown 9-17 coarse gravel coarse brown 1r 7. PLAIN CASING: 17-18 bedrock fine brown OD(in) Kind Wall Size(in) From(ft) To(ft) 2" soh 40 .154 0 7 PERFORATED CASING: Screen Slot Size(in): 10 slot 2„ ,sch 40 154 7 17 8. FILTER PACK: 9. PACKER PLACEMENT: Material sand Type Size 10-20 Interval 5-17 Depth 10. GROUTING RECORD Material Amount Density Interval Placement Remarks: bent 2 baps 100pcf 0-5 hand 11. DISINFECTION: Type I Amt. Used 12. WELL TEST DATA: ❑Check box if Test Data is submitted on Form Number GWS 39 Supplemental Well Test. TESTING METHOD Static Level ft. Date/Time measured: , Production Rate gpm. Pumping Level ft. Date/Time measured , Test Length(hrs) Remarks: 13. I have read the statements made herein and know the contents thereof,and they are true to my knowledge. This document is signed(or name entered if filing online)and certified in accordance with Rule 17.4 of the Water Well Construction Rules,2 CCR 402-2. The filing of a document that contains false statements is a violation of section 37.91.108(1)(e),C.R.S.,and is punishable by fines up to$5000 and/or revocation of the contracting license. If filing online the State Engineer considers entering of licensed contractor name to be compliance with Rule 17.4 Company Name: Phone w/area code: License Number: Drilling Engineers N/A Mailing Address: Sign (or enter name if filing online) Print Name and Title Date COLORADO DIVISION OF WATER RESOURCES Office Use Only Form GWS-46(11/2011) DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST.,Ste 821, DENVER CO 80203 Phone: (303)866-3581 Fax:(303)866-2223 dwrpermitsonline@state.co.us MONITORING/OBSERVATION Water Well Permit Application Review instructions on reverse side prior to completing form. The form must be typed,completed online or in black or blue ink. 1. Well Owner Information Name of well owner 6. Use Of Well Bestway Concrete &Aggregate Use of this well is limited to monitoring water levels Mailing address and/or water quality sampling 301 Centennial Drive 7. Well Data (proposed) State Zip code City Total depth Aquifer Milliken CO 80543 21.5 feet alluvial (st. vrain) Telephone# E-Mail(If filing online it required) 8. Consultant Information (if applicable) 970 587 7277 mjohnson@BestwayConcrete.o Name of contact person 2. Type Of Application (check applicable boxes) ❑ Company name Use existing well ID for existing monitoring well: ❑ Construct new well Permit no.: •Other: monitoring well Mailing address 3. Refer To (if applicable) Monitoring hole acknowledgment Well name or# City State Zip Code MH- 52404 MW 5 4. Location Of Proposed Well (Important! See Instructions) Telephone# County WELD SE 1/4 of the NE 1/4 9. Proposed Well Driller License#(optional): Section Township Nor S Range E or W Principal Meridian 10. Name of Well Owner or Authorized Agent IT r The making of false statements herein constitutes perjury in the second 2 2 68 6th degree,which is punishable as a class 1 misdemeanor pursuant to C.R.S. 24-4-104(13)(a). I have read the statements herein,know the contents Distance of well from section lines(section lines are typically not property lines) thereof and state that they are true to my knowledge. 1544 Fl.fromlX N r S 1228 Ft.from R E F W Sign or enter full name here Date(mrntddfyyyy) For replacement wells only—distance and direction from old well to new well feet direction If signing print name. Print title if other than land owner. Well location address(Include City.State.Zip) ❑ Check if well address is same as Item 1. Mark Johnson Office Use Only Optional: GPS well location information in UTM format You must check GPS unit for required settings as follows: USGS map name DWR map no. Surface elev. Format must be UTM r Zone 12 or Zone 13 Receipt area only Easting Units must be Meters Datum must be NAD83 Northing Unit must be set to true north Remember to set Datum to NAD83 Was GPS unit checked for above? ❑ YES 5. Property Owner Information Name of property owner Bestway Concrete &Aggregate Mailing address 301 Centennial Drive City State Zip Code Milliken CO 80543 Telephone# DIV WD BA MD 970 587 7277 FORM NO. WELL CONSTRUCTION AND TEST REPORT For Office Use Only GWS-31 STATE OF COLORADO, OFFICE OF THE STATE ENGINEER 4/2012 1313 Sherman St.,Ste 821, Denver,CO 80203 Main(303)866-3581 Fax(303)866-3589 www.water.state.co.us 1. WELL PERMIT NUMBER: MW 5 - 524(14 2. WELL OWNER INFORMATION NAME OF WELL OWNER: Bestway Concrete &Aggregate MAILING ADDRESS: 301 Centennial Drive CITY: Milliken STATE: CO ZIP CODE: 80543 TELEPHONE NUMBER w/area code: 970 587 7277 3. WELL LOCATION AS DRILLED: SE 1/4, NE 1/4, Sec., 2 Twp? 1 N or S, Fl Range 68 C E or W 0 DISTANCES FROM SEC. LINES: 1544 ft.from IX N or I—S section line and 1228 ft. from E E or❑W section line. SUBDIVISION: , LOT , BLOCK_ FILING (UNIT) Optional GPS Location: GPS Unit must use the following settings: Format must be UTM, Units Owner's Well Designation: must be meters, Datum must be NAD83, Unit must be set to true N, rI Zone 12 or lrl Zone 13 Easting: STREET ADDRESS AT WELL LOCATION: Northing: 4. GROUND SURFACE ELEVATION NA feet DRILLING METHOD DATE COMPLETED 04/16/2014 TOTAL DEPTH 21.5 feet DEPTH COMPLETED feet 5. GEOLOGIC LOG: 6. HOLE DIAM (in.) From(ft) To(ft) Depth Type Grain Size Color Water Loc. 4" 0 44 0-3 lop soil fine brown 3-7 sand fine to coarse brown 7' 11-20 coarse gravel coarse brown 7. PLAIN CASING: 20-21 bedrock fine grey/blue OD(in) Kind Wall Size(in) From (ft) To(ft) 21-215 bedrock fine grey 2" sch 40 154 0 6th PERFORATED CASING: Screen Slot Size(in): 10 slot 2" oh 40 154 6 21 8. FILTER PACK: 9. PACKER PLACEMENT: Material 10-20 Type Size Interval 4-21.5 Depth 10. GROUTING RECORD Material Amount Density Interval Placement Remarks: bent 2 baps 100 pcf 0-4 hand 11. DISINFECTION: Type I Amt. Used 12. WELL TEST DATA: ❑Check box if Test Data is submitted on Form Number GWS 39 Supplemental Well Test. TESTING METHOD Static Level ft. Date/Time measured: , Production Rate gpm. Pumping Level ft. Date/Time measured , Test Length(hrs) Remarks: 13. I have read the statements made herein and know the contents thereof,and they are true to my knowledge. This document is signed(or name entered if filing online)and certified in accordance with Rule 17.4 of the Water Well Construction Rules,2 CCR 402.2. The filing of a document that contains false statements is a violation of section 37-91-108(1)(e),C.R.S.,and is punishable by fines up to$5000 and/or revocation of the contracting license. If filing online the State Engineer considers entering of licensed contractor name to be compliance with Rule 17.4 Company Name: Phone w/area code: License Number Drilling Engineers N/A Mailing Address: Sign(or enter name if filing online) Print Name and Title Date . . . . . . . , / _ 47 , ,,- • r .• { ' •� '� , z - -.. , / .; ii 1 I ) RV- ( W 'N---t.NT---...1%._............--- ‘:...... .:%'.......,:„..,.---i-- • dr.\\yrifk ' --a.. y 36 r- 7,71- cc_ C - ' " /r r 1 ____, c (ni , 1 / \Oa° ."-"-ri .. te _ _. 11 asso__/) - v Xrk PROPOSED MW (4) �'t• . � 4 , `" b ) EIN RECENTLY / S J S .. 7- DRILLED WELL WCR 26 �8M • • , � f ..:,.. ..=.1.......-- . . r---._------- -.\\, !! _ - ' - g EXISTING PROPERTY0 I � olyr------------c--a-1 . Ai e. - � in - PROPOSED MW (5) ' _ , 30, .-cit f ► --' / RECENTLY --� . DRILLED WELL Ffen PROPOSED MW (3) a ? \\a. 0 .o _ il LIPI •✓ ! TOWNSHIP 2 NOR • �. ., •' �� Well 24 / HIGHWAY 119 • Me r i I 1 ilflsaan -or j i f 4,T �iL L�J ,� 0 . 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