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Home My WebLink About20141744.tiff blue earth SOLUTIONS Letter of Transmittal DATE: April 7, 2014 TO: Division of Redamation, M ining, and Safety Attn: M r. Peter Hays 1313 Sherman Street, Room 215 Denver, Colorado 80203 (303) 866-3567 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970) 227-2803 WE TRANSMIT: THE FOLLOWING: FOR YOUR: Attached ■ Originals ■ Use nInformation Below IN Copy of Letter n Approval nApplications n Information ri Specifications n Review & Comment n Other Remarks Submission of this material is for review and approval of the Connell Carr Pit Mine Land Reclamation Board Regular 112 Operation Reclamation Permit Application. Blue Earth Solutions is providing application support for the applicant, Connell Resources, Inc., whose address and phone number is 7785 Highland Meadows Parkway, Fort Collins, Colorado 80528, (970) 223-3151. One (1) copy of applicant responses to DRMS adequacy review letter dated March 12, 2014 for Connell Resources, Inc., Connell Carr Pit (M-2014-001), Construction Materials Regular 112 Operation Reclamation Permit Application. Signed: Blue Earth Solutions,LLC • P.O. Box 2427 • Fort Collins,CO 80522 • (970)227-2803 STATE OF COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources 1313 Sherman St.,Room 215 COLORADO DIVISION OF Denver,Colorado 80203 RECLAMATION Phone:(303)866-3567 MINING FAX:(303)832-8106 SAFETY March 12, 2014 John W.Hickenlooper Governor Bill Schenderlein Mike King Blue Earth Solutions, LLC Executive Director P.O. Box 2427 Loretta Pineda Fort Collins, Colorado 80522 Director Re: Connell Resources, Inc., Connell Carr Pit, File No. M-2014-001 112c Permit Application Adequacy Review Mr. Schenderlein, The Division of Reclamation, Mining and Safety (Division) has reviewed the content of the Connell Resources, Inc. 112c permit application for the Connell Carr Pit, File No. M-2014-001 and submits the following comments. The Division is required to make an approval or denial decision no later than April 21, 2014 therefore; a response to the following adequacy review concerns should be submitted to the Division as soon as possible. The review consisted of comparing the application content with specific requirements of Rules 1, 3, 6.1, 6.2, 6.4 and 6.5 of the Minerals Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials. Any inadequacies are identified under the respective exhibit heading along with suggested actions to correct them. 1. As required by Rule 1.6.2(d) and 1.6.5(2), please submit proof of publication in a newspaper of general circulation in the locality of the proposed mining operation. 2. As required by Rule 1.6.2 (e), please submit proof of the notice to all owners of record of surface and mineral rights of the affected land and the owners of record of all land surface within 200 feet of the boundary of the affected land including all easement holders located on the affected land and within 200 feet of the boundary of the affected land. Proof of notice may be return receipts of a Certified Mailing or by proof of personal service. 3. The Division received comments from the Army Corps of Engineers and Platte River Power Authority. The letters are attached for review. Please address the comments noted in the letters and make any changes to the application as necessary. 6.4 SPECIFIC EXHIBIT REQUIREMENTS—REGULAR 112 OPERATIONS The following items must be addressed by the Applicant in order to satisfy the requirements of C.R.S. 34-32.5-101 et seq. and the Mineral Rules and Regulations of the Mined Land Reclamation Board: Office of Office of Mined Land Reclamation Denver•Grand Junction•Durango Active and Inactive Mines Page 2 of 5 Connell Can Pit Adequacy Review 6.4.1 Exhibit A- Legal Description 4. The Latitude and Longitude of the main entrance listed in Exhibit A(40° 53' 58.1" N, 104°53' 26.0 W) does not match the primary mine entrance location listed for Item #10 on the permit application form (40° 53 58.00 N, 104°53 32.40 W). Please review the main entrance location and correct Exhibit A andfor the permit application form as needed. 6.4.3 Exhibit C- Pre-Mining and Mining Plan Maps of Affected Land 5. The parcel record number for the proposed mine site landowner,Terry Grazing Assn, differs between the Exhibit C- 1 map (Record No. 02012010002) and the list of land and structure owners(Record No. 020121000002). The Division believes the parcel number listed in the land and structure owners list is accurate. Please review the parcel numbers and update the Exhibit C map and structure owners list as needed. 6. Terry Grazing Association is indicated as the landowner for the proposed mine site in the permit application. During the pre-operational inspection, observed signage indicated the land is currently owned the Colorado State Land Board and is used for seasonal hunting access by the Division of Wildlife. Terry Grazing Association leases the land for the State Land Board and is in the process of swapping the land for a different section owned by Terry Grazing Association. Please clarify the landownership history for the proposed mine site area and explain the land swap process. 7. During the pre-operational inspection a sign indicating a buried water line under WCR 126 and west of WCR 17,which was not identified by the Applicant in Exhibit C was observed. Please update Exhibit C to indicate the location and owner of the water line. 8. During the pre-operational inspection the Applicant stated the southwest terrace and southeast corner of the permit area, south of the creek, will not be disturbed by the mining activity at the site. Please indicate these areas on Exhibit C- Mining Plan Map. 6.4.4 Exhibit 0-Mining Plan 9. Please state if the Applicant intends to operate the site continuously or if the Division should consider the site an "intermittent operation"as defined in C.R.S 34-32.5-103(11)(b). 10. The Applicant states surface topsoil material will be stripped separate from the underlying, deeper subsoil or overburden material. Please state the expected depth range of topsoil and overburden to be salvaged and stockpiled for reclamation. 11. The Applicant states a temporary crossing will be established through the Lone Tree Creek drainage to enable mining the second mining phase located north of the creek. During the pre-operational inspection,the Applicant stated they were working on obtaining the appropriate permit from the Army Corps of Engineers. Please commit to providing the Page 3 of 5 Connell Carr Pit Adequacy Review Division a copy of the Lone Tree Creek temporary crossing permit prior to constructing the crossing. 12. The Applicant proposes setbacks from the mine pit top of slope to the proposed permit boundary or man-made structures not owned by the Applicant of 25 feet or greater with setbacks in the northern portions of the permit area of as much as 50 feet. The Division recommends a minimum setback from the permit boundary and man-made structures of 50 feet for simplicity and consistency. Please consider increasing the minimum setback distance to 50 feet and update Exhibit C- Mining Plan Map accordingly. 13. The Applicant proposes setbacks from near vertical mining excavation to the permit boundary will be a minimum of twice the adjacent pit depth to mitigate stability risks. The Division recommends a minimum ratio of three times the pit depth from the top of the mining excavation to the permit boundary. Please consider increasing the minimum setback distance from the vertical mining excavation to the permit boundary and update Exhibit C- Mining Plan Map accordingly. 14. The Applicant proposes a minimum backfilled side slope of 2H:1V. Rule 3.1.5(7) states maximum slopes shall be compatible with the configuration of surrounding conditions and selected land use. The Applicant selected a post-mine land use of rangeland. The Division recommends a minimum reclaimed slope of 3H:1V,which is more appropriate for rangeland reclamation. 6.4.5 Exhibit E- Reclamation Plan 15. The Applicant states pit side slopes will be backfilled and graded to 3H:1V or shallower where possible and no slopes will be reclaimed any steeper than 2H:1V. As explained in Question #14, please commit to a minimum reclaimed slope of 3H:1V and update the Exhibit F- Reclamation Plan Map accordingly. 16. The Applicant is proposing to use the seed mixture currently approved for the adjacent Tucker Pit (M-1980-002). Due to the age and lack of diversity of the seed mixture,the Division recommends the Applicant contact the National Resource Conservation Service (NRCS)for a recommended rangeland seed mixture for the site. 6.4.12 Exhibit L-Reclamation Costs 17. The Division will estimate the cost to reclaim the site based on the information submitted once the Applicant addresses the concerns noted in this letter. 6.4.14 Exhibit N -Source of Legal Right to Enter 18.The Applicant states in the permit application, exhibits and Exhibit O the owner of the affected land and the owners of substance to be mined is Terry Grazing Association. The Sand and Gravel lease document states the land is owned by JRT Limited Partnership and Page 4 of 5 Connell Carr Pit Adequacy Review Terry Grazing Association. Please explain the legal relationship between JRT Limited Partnership and Terry Grazing Association since the lease agreement was signed by JRT Limited Partnership. Please provide the Division with a signed and notarized copy by all parties of the lease agreement. Alternatively,the Applicant may submit another form of source of legal right to enter per Rule 6.3.7. 19.The surface and mineral ownership for proposed mine site based on a search of Weld County records indicates ETCHEPARE, LLC as the owner. Please provide proof of surface and mineral ownership rights by Terry Grazing Association. 6.4.18 Exhibit R-Proof of Filing with County Clerk and Recorder 20. Please provided an affidavit or receipt indicating the date on which the revised application information required to address this adequacy letter was placed with the local County Clerk and Recorder for public review, pursuant to Subparagraph 1.6.2(1)(c). 6.4.19 Exhibit S- Permanent Man-made Structures Where the mining operation will adversely affect the stability of any significant,valuable and permanent man-made structure located within two hundred (200)feet of the affected land, the applicant may either: a. provide a notarized agreement between the Applicant and the person(s) having an interest in the structure, that the Applicant is to provide compensation for any damage to the structure; or b. where such an agreement cannot be reached, the applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or. c. where such structure is a utility,the Applicant may supply a notarized letter, on utility letterhead,from the owner(s) of the utility that the mining and reclamation activities, as proposed,will have "no negative effect" on their utility. 21. Please provide the Division evidence the Applicant attempted to obtain notarized structure agreements,typically a certified mail receipt, with all owners of the structures on and within 200 feet of the affected area of the site or comply with one of the other provisions of Rule 6.4.19. Please be advised the Connell Carr Pit application may be deemed inadequate, and the application may be denied on April 21, 2014, unless the above mentioned adequacy review items are addressed to the satisfaction of the Division. If more time is needed to complete the reply,the Division can grant an extension to the decision date. This will be done upon receipt of a written waiver of the Applicant's right to a decision by April 21, 2014 and request for additional time. This must be received no later than the deadline date. Page 5 of 5 Connell Carr Pit Adequacy Review If you have any questions, please contact me at 303-866-3567 Ext. 8124. Sincerely Peter S. Hays Environmental Protection Specialist Enclosures -Army Corps of Engineers and Platter River Power Authority comment letters Cc: Tom Kaldenbach, Division of Reclamation, Mining&Safety Richard Connell, Connell Resources, Inc. gal1ty-d 't PLATTE RIVER POWER AUTHORITY Estes Park.Fort Collins • Longmont•Loveland February 26,2014 Peter Hays Division of Reclamation, Mining, and Safety 1313 Sherman St.,#215 Denver, CO 80203 Re: Permit#M2014-001 Dear Mr. Hays, Platte River Power Authority ("Platte River") would like to take this opportunity to comment on the Connell Resources, Inc. application for a Regular Construction Materials Operation Reclamation Permit on the proposed Connell Carr Pit mine. Platte River is a Colorado political subdivision formed under C.R.S. § 29-1.204. Platte River operates as a wholesale electric generation and transmission provider for the communities of Estes Park, Fort Collins, Longmont, and Loveland. Its generation resources include a number of natural gas turbines located at the Rawhide Energy Station in Larimer County. Platte River operates a 16 inch underground natural gas pipeline that borders the west side of the subject property of this permit application. This natural gas pipeline is essential to the reliable operation of the Platte River system. Moreover, any damage to this pipeline could result in serious injury and significant property damage due to the high operational pressure of the line and the volatility of the natural gas. Based on information sent to Platte River by Blue Earth Solutions (consultant for Connell Resources, Inc.), the project proposal notes a setback from the Platte River pipeline Right of Way of 25 feet. To ensure the integrity of our pipeline and to accommodate any future expansion of Platte River's pipeline system, Platte River suggests this setback be extended an additional 25 feet, effectively eliminating any mining activity within 50 feet of the boundary of the existing Right of Way. Connell Resources, Inc. has accepted this limitation on mining activity within 50 feet of the existing Right of Way. Respectfully submitted, SOS Joseph B. W. an RErZ FniTz. General Counsel FEB 282014 Cc: Kim Ogle,Planner III Division of Reclamation. Mining&Safety 2000 East Horsetooth Road • Fort Collins,Colorado 80525-5721 970/226-4000•www.prpa.org i;uT \off DEPARTMENT OF THE ARMY CORPS OF ENGINEERS,OMAHA DISTRICT ` ' I DENVER REGULATORY OFFICE,9307 SOUTH WADSWORTH BOULEVARD LITTLETON,COLORADO 80128.6901 January 27, 2014 Mr. Peter Hays Division of Reclamation,Mining and Safety Department of Natural Resources 1313 Sherman St.Room 215 Denver,CO 80203 RE: Connell Resources,Inc.,Connell Carr Pit,File No.M-2014-00I Dear Mr. Hays: Reference is made to the above mentioned project located at or near Section 21,TI IN,R67W, Weld County,Colorado. If any work requires the discharge of dredged or fill material,and any excavation associated with a dredged or fill project, either temporary or permanent in an aquatic site,which may include ephemeral and perennial streams,wetlands, lakes, ponds,drainage ditches and irrigation ditches,this office should be notified by a proponent of the project for Department of the Army permits,changes in permit requirements or jurisdictional determinations pursuant to Section 404 of the Clean Water Act. Work in an aquatic site should be identified by the proponent of the project and be shown on a map identifying the Quarter Section,Township, Range and County, Latitude and Longitude in Decimal Degrees(example 39.55555; -104.55555)and the dimensions of work in each aquatic site. Any loss of an aquatic site may require mitigation. Mitigation requirements will be determined during the Department of the Army permitting review. If there are any questions call Mr.Terry McKee of my office at 720-922-3851. Sincer y, Kiel Downin Chief, Denver Regulatory Office tm RECE JAN 3UZU14 DIVISION OF 11�91NG ANC . blue earth SOLUTIO\S April 7, 2014 Colorado Depat anent of Natural Resources Division of Reclamation, Mining and Safety Attn: Mr. Peter Hays 1313 Sherman Street; Room 215 Denver CO, 80203 RE: Response to Adequacy Review Comments for Connell Resources, I nc. Connell Carr Pit, Permit No. M-2014-001 Dear Mr. Hays: The following discussion and attachments are submitted on behalf of our client, Connell Resources, Inc., in response to the Adequacy Review comments prepared by the Division of Reclamation, Mining and Safety dated March 12, 2014 for the Connell Carr Pit 112 Construction Materials Reclamation Permit application. The information and discussion below addresses each comment as it was presented by the Division: 1. Proof of publication in newspaper is attached. 2. Proof of notice to all owners of record of surface and mineral rights of affected land and surface owners and easement holders within 200 feet of the affected land is attached. 3. The Army Corps of Engineers comments have been reviewed and it is anticipated that no jurisdictional wetlands will be affected by Phase I of the mining operation as described in the application. Prior to mining in Phase II, the Army Corps of Engineers will be contacted and required permits will be obtained to cross Lone Tree Creek jurisdictional waters of the U.S. 6.4.1 Exhibit A—Legal Description 4. The latitude and longitude of the main site entrance stated in Exhibit A is correct (40° 53' 58.1"N, 104° 53' 26.0"W). The revised application form is attached. 6.4.3 Exhibit C—Pre-Mining and Mining Plan Maps of Affected Land 5. The parcel record number for the proposed mine site landowner (Record No. 020121000002) has been corrected on the revised Exhibit C-1, Existing Conditions Map, attached. 6. Terry Grazing Association is the landowner of the property to be mined. The parcel has been leased as part of the Public Access Program, an interagency agreement between the State Board of Land Commissioners and Colorado Parks and Wildlife. All parties to the Mr. Peter Hays RE: Connell Carr Pit M-2014-001 April 7, 2014 lease have agreed to remove the parcel (Record No. 020121000002) from the Public Access Program lease (see attached letter from State Board of Land Commissioners). 7. The owner of the buried water line has been identified as L.G. Everist, Inc. and the water line and owner information has been added to Exhibits C-1, Existing Conditions Map, Exhibit C-4, Pre-Mining/Mining Plan Map, and Exhibit F, Reclamation Plan Map. The revised exhibits are attached. L.G. Everist has been notified about the proposed Connell Can Pit operations and the applicant is pursuing a structure agreement. Until a structure agreement is provided to the Division, mining will remain three (3) times the pit depth from the structure. 8. At this time, mining is not anticipated in the southwest corner of the permit area since the material is primarily overburden and soils. However, the area has been included in the permit area and mining limits in case additional overburden is needed for product mixing and/or reclamation activities. 6.4.4 Exhibit D—Mining Plan 9. The Applicant will operate the site as a continuous operation and not an "intermittent operation". If, at some time in the future, the Connell Can Pit fits the definition of an "intermittent operation", the Division will be notified. 10. Topsoil depth is approximately 0" — 6" across most of the site. Overburden material depths range from 0 to 6 feet across the Connell Can Pit site. All available topsoil will be used for reclamation. Associated clarification has been added to Exhibit D, Mining Plan, attached. 11. Prior to establishing a Lone Tree Creek temporary crossing for mining in Phase II, the Applicant shall obtain necessary permits from the Army Corps of Engineers. Copies of the permits will be sent to the Division. 12. The minimum setback from the mine pit top of slope and the permit boundary or man- made structures not owned by the Applicant shall be at least 50 feet. The associated changes have been made to Exhibit C, Pre-Mining/Mining Plan Map, Exhibit D, Mining Plan, and Exhibit F, Reclamation Plan Map, attached. 13. To mitigate stability risks adjacent to man-made structures not owned by the Applicant, the mine pit top of slope setback to man-made structures shall be 50 feet or three (3) times the pit depth, whichever is greatest. If no man-made structure is present, the mine pit top of slope setback to the permit boundary shall be 50 feet or two (2) times the pit depth, whichever is greatest. 14. Mine pit side slopes shall be reclaimed at 3H:1 V or flatter. The associated changes have been made to Exhibit C, Pre-Mining/Mining Plan Map, Exhibit D, Mining Plan, Exhibit E, Reclamation Plan, Exhibit F, Reclamation Plan Map, and Exhibit L, Reclamation Costs, attached. Page 2 of 4 Mr. Peter Hays RE: Connell Carr Pit M-2014-001 April 7, 2014 6.4.5 Exhibit E—Reclamation Plan 15. Mine pit side slopes shall be reclaimed at 3H:1 V or flatter. The associated changes have been made to Exhibit C, Pre-Mining/Mining Plan Map, Exhibit D, Mining Plan, Exhibit E, Reclamation Plan, Exhibit F, Reclamation Plan Map, and Exhibit L, Reclamation Costs, attached. 16. An updated reclamation seed mix has been obtained from the local Natural Resource Conservation Service office (see attached reference document). The associated changes have been made to Exhibit E, Reclamation Plan and Exhibit F, Reclamation Plan Map, attached. 6.4.12 Exhibit L—Reclamation Costs 17. The applicant has revised reclamation costs based on reclaimed 3H:1V slide slopes. The associated changes have been made to Exhibit L, Reclamation Costs, attached. 6.4.14 Exhibit N—Source of Legal Right to Enter 18. In the original application, the second and third pages of the lease agreement were mistakenly excluded. Terry Grazing Association and JRT Limited Partnership are associated business entities with mutual interest in the property. The full lease agreement with all interested party signatures is attached. Additionally, a recent amendment to the original lease agreement is attached. 19. The Weld County Assessor's records list Terry Grazing Association as the surface owner of the proposed permit property. Additionally, Schedule A of the Title Commitment performed for the property is attached. 6.4.18 Exhibit R—Proof of Filing with County Clerk and Recorder 20. The date stamped "proof of delivery" transmittal letter for these adequacy review comment responses to the Weld County Clerk to the Board is attached. 6.4.19 Exhibit S—Permanent Man-Made Structures Based on the proposed mining setbacks, we do not believe that mining and reclamation activities, as described in the application and adequacy review responses, will adversely affect the stability of any significant,valuable and permanent man-made structure not owned by the applicant. 21. With the mining pit top of bank setback a minimum of 50 feet or three (3) times the adjacent pit depth from permanent man-made structures, the applicant believes that we have complied with the provisions of Rule 6.4.19. Regardless of the negligible stability concerns for adjacent man-made structures due to the proposed setbacks, the Applicant has been discussing the proposed mining and reclamation operation with owners of adjacent man-made structures, including all adjacent utility owners. Structure Page 3 of 4 Mr. Peter Hays RE: Connell Carr Pit M-2014-001 April 7, 2014 agreements have been offered to owners of roads, water lines, gas lines, and power and communication lines within 200 feet of the proposed mining boundary. If structure agreements are obtained, copies will be provided to the Division. If you have any questions regarding this application and adequacy comment responses, please call me directly at(970) 227-2803. Sincerely, Sipe Earth Solutions,LLC William Schenderlein, P.E. Project Manager Enclosures Page 4 of 4 Proof of Publication • Account#: 10015777 (C___ FORT COLLINS L RAD Invoice Text PUBLIC NOTICE Connell Resources,Inc., 7 .00c6<.00c6eli ResoLvocis, I`r �r Mad_. STATE OF COLORADO ews Parkway, Co .,oio acie 8C,523. 223 i; 5 application for )ss:AFFIDAVIT OF PUBLICATION -+ a,i z 11> alirtrilrestion Materinis • PEored. s the color wo Mir eci COUNTY OF LARIMER ) Cana r ..L`nt,+on Boni under-Fro is.od5 of the C on..rte? "R^Gan at,ion Act for the ex traction of.r, nstructiCn riaterilals The �t pos r ipur2,lr r �'knbv r a`,thS COI,refit L�ti l • „r iS 10CDtEci it n ectc,21,y,�, r,." Andrew Troncoso b 5-;fir,, ,;.far,32 67Nc,,�„the,,, ;;,,� Bing duly sworn, deposes and says that said is the legal clerk of the Fort Meridieri,` `'' County.c `'aclo.Tee`' '' Collins Coloradoan; that the same is a daily newspaper of general circulation and printed and ,i 1;1 operation is EIPPrOXIMiley mila[lc I,;,CC:1-11muriitv of Carr.COICe published in the City of Fort Collins, in said county and state; that the notice or advertisement, of date .,r :er i for op which the annexed is a true copy, has been published in said daily newspaper for er.aty s permit sk ea is 2014 air? the propcseci:kite cOnitoleiier r The ti, 4 No:t-Consecu�:re Days; c p,., c'1 idtaiei use catkikd l,enr:r r .g 7tr'd anti teRtativ ' ',` may '' • " ""' zrr, that the notice was published in the regular and entire issue of every number of said news a e Reclamation.+iJ�n g<.r,o Safety:t 1't cr ,:flan g p p S trezi, tcorr� >> Denver, 8;1;203, during the period and time of publication of said notice, and in the newspaper proper and not in ',303)iii866-3567,or'tr're Afield Ge rl) Clerk to ore Board's,oflice,1150 a Sincei Greeley,Col supplement thereof; that the first publication of said notice was contained in the issue of sale credo 806 22. 0) 498-78eO r,r the chicsee ri_tr, _ u,;_!icar- newspaper on CgmlirkSms must in ' re- ceived tiiiy the Friday,Muan,. January 24,2014 ii*IP_ate y by 4:00 yv.:i n Plea rrOfealta[r r -r triai p C;:R. • 3` ''' s `` related t' fr that the last publication thereof was contained in the issue of said newspaper on nrjk�_, t nck- �fEr-., t c I_�i nti on vis cala p p rroa^_s,ettpcis on property values and c51:,rr xlal orieeorrtmic Concerris are isstiss not Friday, February 14,2014 :jubj t to this Office:C.Iu i.l icr f E.s.b- iects ar Sirrvh or,-S,Cr?.typically' ci y,ur local,cjaverrornenis.rather t-,. l. es " D;: that said Fort Collins Coloradoan has been published continuously and uninterruptedly during tht ✓isit r r ,t Reclamation,Min: ;it r9 Safety or the e t L,,c3 Re ar„a:or,R rd. I period of at least six months next prior to the first publication of said notice or advertisemen 34206432. above referred to; that said newspaper has been admitted to the United States mails as second-class l On!!k's matter under the provisions of the Act of March 3, 1879, or any amendments thereof;and that saic it r. >t Feb. . M,• '2014 newspaper is a daily newspaper duly qualified for publishing legal notices and advertisement; within the meaning of the laws of the State of Colorado. Syr} r Legal �,• ... L. •\if•, Subscribed and sworn to before me,within the County of Larimer, State of Color•`adthisN O Z 17- Friday, February 14,2014 = tr My Commission expires: /4- Z O .• ' <, f/r ' i11 JTr`�snrlr1r` Notary Public Legal No.0034206432 Delivered to: BLUE EARTH, Affidavit Prepared P.O. BOX 2427 Friday,February 14,2014 FORT COLLINS,CO 80522 8:50 am Proof of Notice to Surface Owners and Easement Holders within 200 - Feet of Affected Land }gy�p. ., 3 T .l Gy -'`-' } co W p • " vitilS*P�° l'Q,. e C ��'�. lulu, re: ' Cn co C:. in-p 3 A S.+'A V , 271 " «1, e u G�'1 co -4 e a m C w is , aa 3 .� N. 3Jm R7: m�stic difaail On 1r No surtrce Co''ag a ct -a. y m i a a 0 0.d co m in-' y fFE deli re info r do t aitzou`r` srta attwww b set T �" \ a `a, ce c≥ai Y b i NL ! 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Room 215 Denver,Colorado 80203 nOLORADO Phone:(303)B66-3567 CONSTRUCTION MATERIALS FAX:(303)832-8106 REGULAR(112)OPERATION RECLAMATION PERMIT APPLICATION FORM Bill Ritter,Jr. CHECK ONE: ❑ There is a File Number Already Assigned to this Operation Governor Harris D.Sherman P M - - - (Please reference the file number currently assigned to this operatioislecutive Director ' New Application Amendment Application 1.10 Ronald W.Cattany pp (Rule 1.4.5) (Rule ) Division Director jjConversion Application(Rule 1.11) Natural Resource Trustee 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 sinned 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 StabilityExhibit,and acheck 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): C011110 Resources, Inc. 1.1 Type of organization(corporation,partnership,etc.): Corporation 2. Operation name(pit,mine or site name): Connell Carr Pit 3. Permitted acreage(new or existing site): 456.0 permitted acres 3.1 Change in acreage(+) 0 acres 3.2 Total acreage in Permit area 456.0 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 m 5.1 Incidental commoditie(s)to be mined: 1. n/a - lbs/Tons/vr 2. i 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: Construction Materials 5.3 Anticipated end use of incidental commodities)to be mined: n/a Office of Office of • Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines -2 - 6. Name of owner of subsurface rights of affected land: Terry Grazing Association If 2 or more owners, "refer to Exhibit 0". 7. Name of owner of surface of affected land: Terry Grazing Association 8. Type of mining operation: ✓ Surface El Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld ra PRINCIPAL MERIDIAN(check one): 6th(Colorado) la 10th(New Mexico) 1..._. ` Ute SECTION(write number): S 21 TOWNSHIP(write number and check direction): T 1 11 North El South RANGE(write number and check direction): R 67 East PI West QUARTER SECTION(check one): NE ENW f ,,F ✓ SW QUARTER/QUARTER SECTION(check one): NE NW El SE SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): approximately 1/2 mile northwest of the community of Carr, approximate elevation 5755 feet amsl 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 miu 53 S`,C 58 10 (2 decimal places) Longitude(W): deg 104 min 53 sec 26 00 (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- l I. Correspondence Information: APPLICANT/OPERATOR (name,address,and phone of name to be used on permit) Contact's Name: Richard Connell Title: President Company Name: Connell Resources, Inc. Street/P.O. Box: 7785 Highland Meadows Parkway P.O. Box: City: Fort Collins State: Colorado Zip Code: 80528 Telephone Number: (970 )_ 223-3151 Fax Number: (970 }_ 223-3191 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Bill Schenderlein Title: Project Manager Company Name: Blue Earth Solutions, LLC Street/P.O.Box: P.O. Box: 2427 City: Fort Collins State: Colorado Zip Code: 80522 Telephone Number: (970 )_ 227-2803 Fax Number: ( 1- INSPECTION CONTACT Contact's Name: Larry Johnson Title: Aggregate Development Manager Company Name: Connell Resources Street/P.O.Box: 7785 Highland Meadows Parkway P.O. Box: City: Fort Collins State: Colorado Zip Code: 80528 Telephone Number: (970 1_ 223-3151 Fax Number: (970 _ 223-3191 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. Primary future(Post-mining)land use(check one): Cropland(CR) F1 Pastureland(PL) _ General Agriculture(GA) D Rangeland(RL) -X. .I Forestry(FR) Li Wildlife Habitat(WL) n Residential(RS) I I Recreation(RC) Industrial/Commercial(IC) _. Developed Water Resources(WR) Solid Waste Disposal(WD) 13. Primary present land use(check once Cropland(CR) Pastureland(P.L) General Agriculture(GA) n Rangeland(RL) Forestry(FR) Wildlife 1abitat(WL) Residential(RS) Recreation(RC) I1 Industrial/Commercial(IC) Developed Water Resources(WR) 14. Method of Mining: Briefly explain mining method(e.g.truck/shovel): Open pit dry mining using scapers, loaders, and excavators 15. On Site Processing: Crushing/Screening 13.1 Briefly explain mining method(e.g.truck/shovel): Portable on-site processing plant including crushing and screening and portable asphalt plant List any designated chemicals or acid-producing materials to be used or stored within permit area: None 16. Description of Amendment or Conversion: if you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s). -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 I.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 I, and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule I.6.2(I)(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. _& 1. Your obligation to reclaim the site is not limited to the amount of the financial walTanty. 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 - 4' 2. The Board may suspend or revoke this permit, or assess a civil penalty,upon a finding that the permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations,or that information contained in the application or your permit misrepresent important material facts; 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary,substantial civil penalties, to you as permittee can result; ,)t-1/ 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; 1'e/ 5. It is your responsibility to notify the Office of any changes in your address or phone number; 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. PI/ 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance. 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application,as well as with the provisions of the Act and the Construction Material Rules and Regulations in effect at the time the permit is issued. > 'Y 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. P-11,-- 10. For joint venture/partnership operators: the signing representative is authorized to sign this document and a power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application. - 7 - NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions,changes,and deletions to this document prior to final decision by the Office. Therefore, if you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document. The Office is not allowed to consider comments,unless they are written,and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. lfyou have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process,you may contact the Office at(303) 866-3567. - 8 - 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. 1.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 Lund Reclamation Board pursuant to section 34-32.5-I12,C.R.S.,of the Colorado Lund 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 TO t1gsjsj orders and civil penalties for operating without a permit pursuant to section 34-32.5-123, C.R.S. N sAO U ; Signed and dated this /144 day of •. C, �!•. E,; — Connell Resources, Inc . It(torpor tiortUtteZ(Seal) 0 •• o s Applicant/Operator or Company Name O. • . COQ `` Signe _. ,^ Corporate Secretary or Equivalent Title: President Town/City/County Clerk State of Cc) )ss. County of �-h The foregoing instrument was acknowledged before me this i I day of ¶ Zu I.i,by it \ as of Co (7B.s o in C. AMBER C.JORGENSEN / NOTARY PUBLIC Notary Public / STATE OF COLORADO NOTARY ID 20134034207 My Commission Expires May 30,2017 My Commission expires: 5 SIGNATURES MUST BE IN BLUE INK You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a Letter from State Board of Land Commissioners STATE OF COLORADO LAND Governor '`.`. STATE BOARD OF cdirJohn W. Hickenlooper f LAND COMMISSIONERS William E. Ryan,Director Department of Natural Resources 1 127 Sherman Street, Suite 300 coeAo., Mike King, Executive Director -�-..-......_ Denver,CO 80203 Managing Phone: (303)866-3454 State Trust Lands Fax: (303)866-3152 Since 1876 March 13,2014 Amy Leinhardt Terry Grazing Association PO Box 3170 Cheyenne,WY 32003-3170 RE: Public Access Program Land Affected by Proposed Gravel Operation(Carr Public Access Parcel—Weld County) Dear Ms.Leinhardt, This letter concerns private land that has been part of the Public Access Program lease,an interagency agreement between the State Board of Land Commissioners and Colorado Parks&Wildlife.Through this lease,the general public is allowed limited access to certain parcels of state trust land,and on rare occasions private property(through a separate agreement),for wildlife related recreation(hunting). All parties to the lease have agreed to remove the parcel of private property affected by the proposed gravel operation(expansion)from the Public Access Program lease. Additionally,the State Land Board has no comment,or objections,regarding the proposed gravel operation. If you,the proposed gravel operator,or the County require further clarification, please feel free to contact me directly at(303)866-3454 x 3342,or by email at abraham.medinastate.co.us. Sincerely, Abraham Medina Recreation Program Manager State Board of Land Commissioners P:(303)866-3454 x 3342 abraham.medina(aistate.co.us COMMISSIONERS: Buck Blessing,Michele A. Bloom,Gary Butterworth,Tom R.Gray,Robert Bledsoe Revised Application Text - Exhibit D , Mining Plan - Exhibit E , Reclamation Plan - Exhibit L, Reclamation Costs EXHIBIT D Mining Plan The proposed Mined Land Reclamation Board (MLRB) Connell Carr Pit permit area is adjacent to the existing Tucker Aggregate Pit (M-1980-002) operation, which supplies aggregate construction materials to much of northern Colorado. The proposed Connell Carr Pit permit area contains substantiated aggregate resources to continue the supply in this region of Colorado. As resources diminish in the Tucker Aggregate Pit, new supplies from the proposed Connell Carr Pit will continue to provide construction materials to meet the northern Colorado demand. Introduction and Overview The proposed Connell Can Pit permit area is currently owned by Terry Grazing Association (in association with JRT Limited Partnership) and consists of rangeland utilized by the owner's cattle and bison operations. The property is located in the northeast corner of Weld County Roads 17 and 126. The site contains short grass prairie upland areas and approximately 6,000 feet of Lone Tree Creek, an ephemeral drainage that flows from the northwest to southeast through the property. In general, the channel of Lone Tree Creek, an ephemeral drainage, lies approximately 15 to 25 feet below the surrounding upland elevation. In areas, the drainage system is wide and contains terraces that drop gently from the surrounding rangeland to the drainage bottom. In other areas the drainage is narrow with a near vertical slope extending from the upland area to the creek channel. The upland rangeland is relatively flat with shallow land form terraces rising to the southwest of Lone Tree Creek and more substantial bluffs climbing to the northeast. The terraces and mining area southwest of the creek is patterned by swales and erosion gullies that drain toward Lone Tree Creek. Perrrrt Boundary Definition The proposed permit boundary is consistent with the property parcel boundaries on the west, south, and east sides. These parcel boundaries are also defined by the section lines for Section 21 (T11N, R67W). The site is also bound by Weld County Road 17 to the west and Weld County Road 126 to the south. The northern permit boundary is defined by the extent of the aggregate reserve, but generally bisects the northern half of Section 21. The proposed permit boundary includes lands on both the north and south side of the Lone Tree Creek drainage. Since the permit boundary will mostly follow site parcel lines, the boundary will extend to the center line of Weld County Roads 17 and 126. In the northwest corner of the proposed site, the permit boundary will abut the existing Tucker Aggregate Pit (M-1980-002) permit boundary. Although mining disturbances will be setback from road and utility right-of-ways and easements, the location of the permit boundary will allow for necessary site access roads or other disturbances adjacent to the roadways. Connell Carr Pit DBMS 112 Permit Application Adequacy Review Response; Affected Land Boundary Definition The proposed permit boundary will encompass approximately 456.0 acres with only about 382 acres currently planned for mining. However, the affected land boundary essentially follows the permit boundary to allow for reclamation activities and future potential mining operations. Areas not disturbed by mining may be disturbed by access roads, stockpiles, material processing, or backfilling and other reclamation related activities. The remaining area will consist of setbacks and road and utility right-of-ways. Land Uses The proposed permit area currently consists of rangeland utilized by the owner's cattle and bison operations. With the exception of the community of Carr, properties surrounding the proposed Connell Carr Pit site are primarily rural agricultural non-irrigated rangeland. The community of Can includes approximately 30 to 40 semi-rural residential home lots southeast of the site. Further southeast is a permitted aggregate mining property (M-1988-048) and railroad load-out yard. Items owned by the applicant or property owner located within the proposed permit area such as un-improved roads, fences, water wells and associated pumps, and other structures may be removed or relocated during mining and reclamation. There are no established oil and gas wells, tank batteries, or other associated facilities located on the property. The interior of the property does not contain structures, easements, or right-of-ways not owned by the applicant or property owner. Several utility structures and associated easements and right-of-ways are located on the edges of the property or immediately adjacent to the proposed permit boundary including Nunn Telephone Company communication lines, Weld County road right-of-ways, Platte River Power Authority gas line, Tri-State Generation and Transmission Association high-voltage transmission lines, and Poudre Valley REA power lines (see Exhibit C-1, Existing Conditions Map). None of the easements, right-of-ways, or associated structures are expected to be negatively affected by mining or reclamation operations. Nature of Deposit to be Mined The proposed permit area is located where the northern edge of the Colorado Piedmont transitions up to the High Plains of southern Wyoming. The western most boundary of the Lone Tree Creek basin originates in the Laramie Range of the Rocky Mountains and drains southeast across the relatively flat High Plains and down through the gently rolling topography of the Colorado Piedmont. Aggregate materials within the proposed permit area are composed of Pliocene and Pleistocene terrace deposits along the Lone Tree Creek drainage system. The terrace deposits extend from the surface or near-surface to a variable depth of 5 to 25 feet below the ground surface. Deposition was most likely created by streams that had been rejuvenated as a result of uplift at the close of the Tertiary period and increased water supply during the Pleistocene epoch. The under-lying Tertiary sedimentary rocks that include consolidated sand and gravel conglomerates Connell Carr Pit DBMS 112 Permit Application Adequacy Review Response were eroded, and the process of cutting and filling of channels was so widespread that gravel and sand were deposited in sheet-like beds. The principal streams eroded into the bedrock, cutting and building terraces along the channels. More recent streams, such as Lone Tree Creek in the proposed permit area, have cut through the highly erodible over-lying unconsolidated material in most areas and do not generally have associated alluvial deposition. Traditional organic topsoil on most of the site is thin or non-existent, ranging from 0 to 6 inches thick. Most of the soils are shallow to deep loams that are well drained. Over most of the identified sand and gravel deposit is a loamy, wind-mixed veneer layer of soil overburden material varying in depth from 0 to 6 feet. The soil overburden material likely developed from alluvial and eolian deposits of clay, silts, and sands. Over time, erosive forces of wind and water have influenced the soils on the site. Mobile soil particles, such as silt and clay, have eroded from higher topographic positions and have been re-deposited in lower areas. Therefore, swale areas may have finer textured soils than ridgetops. The aggregate deposits and loamy soil overburden material are underlain by a variable pattern of shale and sandstone parent materials. Mine Phasing Connell Resources anticipates mining and reclaiming the proposed Connell Can Pit site in approximately 15 years. However, the rate of mining and overall life of the mine is dependent on several factors including product demand. Test pits have verified that commercial deposits of sand and gravel exist up to 25 feet below the surface of the ground. In addition to the commercial sand and gravel materials, clay, silt, and other non-marketable materials excavated from the proposed permit area will be used on-site for reclamation. The mining plan currently includes mining in two phases; the first phase south of Lone Tree Creek and the second phase north of the creek (see Exhibit C-5, Pre-Mining/Mining Plan Map). Phase I (288 acres) will be mined from the northwest to the southeast. When Phase I is complete, a temporary crossing will be established through the Lone Tree Creek drainage and Phase II (94 acres) will be mined from east to west. All necessary permits will be obtained and any special construction techniques will be used to reduce impacts and create a stable crossing through the ephemeral drainage. Mining will not occur within the Lone Tree Creek channel. Even though the proposed permit area will be mined in only two phases, integration of mining and reclamation is still applicable. In general, as the pit reaches its maximum depth and edges are completed, they will be backfilled and reclaimed. In areas where the final pit depth has been achieved and operations are no longer present, backfllling and reclamation of pit walls will extend onto the floor. Rough contouring of the pit floor with the Lone Tree Creek drainage will take place during mining while fine contouring and establishing final drainage patterns will be one of the last steps in the reclamation process. The contour blending will avoid steep transitions and create a topography that produces a smooth, relatively low velocity flow from the mined area to the adjacent creek drainage system. Overland flow patterns will be incorporated into this transition so as to connect the pit floor with existing shallow drainage swales. Connell Carr Pit DBMS 112 Permit Application Adequacy Review Response Mining Methods Groundwater is not expected to be encountered during mining and the deposit will be dry mined. Mining will proceed by first stripping and stockpiling topsoils and overburden. This includes the upper 0 to 6 inches of topsoil and 0 to 6 feet of overburden. All topsoil shall be stockpiled for use in fmal pit reclamation. The exposed gravel will then be removed in lifts and transported to the processing facility. Since the material is unconsolidated deposits,no blasting is required. The Lone Tree Creek drainage does not have an associated regulatory floodplain within the proposed permit area. Because of the incised nature of the creek,wetland communities appear to be restricted to the channel and immediately adjacent areas, with a very steep and rapid transition to uplands. Mining will, therefore, occur adjacent to the creek drainage. A variable excavation buffer will leave enough elevation and distance to not disturb the creek channel and associated wetlands and minimize flooding of the pit floor during periods when the creek flows. Unlike most rivers and streams along the Front Range of Colorado, very little or no alluvial sand and gravel deposits are associated with the Lone Tree Creek channel. However, in some areas, the terrace deposits occur right up to the high and steep embankment of the incised creek channel. In these upland areas, aggregate will be excavated from the embankment, lowering the adjacent land surface to match the depth of the pit floor without disturbing the creek channel (see Exhibit C-5, Pre-Mining/Mining Plan Map). Earth Moving Areas to be mined are prepared by removal of topsoil and overburden. Each preparation area may be as much as 100 feet wide. Usually, only enough area is stripped and prepared to provide the estimated needs for the next 10 to 14 months of mining. Where it is found, surface topsoil material will be stripped separate from the underlying, deeper subsoil or overburden material. This topsoil layer contains most of the soils organic matter and will be stockpiled separately for use in reclamation. Once the surface layer has been removed, the rest of the overburden will be stripped and stockpiled separate from the surface layer. The active mining face will extend no more than 1,000 feet in length. During mining and prior to reclamation, the mine walls will be a nearly vertical to '/2H:1 V slope (see Exhibit C-5, Pre- Mining/Mining Plan Map). Mining will progress down to the depth of quality aggregate material or 5 to 25 feet below the surface. As the mining face progresses, pit sidewalls will behind the mining activities will reclaimed. So reclamation activities do not interfere with mining operations, pit sidewalls may extend 500 feet behind the active mining face without being reclaimed. The aggregate material will be recovered using equipment typical for sand and gravel mining operations. Earth moving equipment may include, but are not limited to dozers, loaders, scrapers, and excavators. The aggregate material from the pit will be temporarily stockpiled within the pit or transported directly to the processing facility. During mining and reclamation activities,watering trucks for dust control will be used as needed. Setbacks from the mine pit top of slope to the proposed permit boundary or man-made structures not owned by the applicant shall be 50 feet or greater. To mitigate stability risks adjacent to man-made structures not owned by the applicant, the mine pit top of slope setback shall be Connell Carr Pit DBMS 112 Permit Application Adequacy Review Response 50 feet or three (3) times the pit depth, whichever is greatest, unless an agreement is obtained from the property owner or an engineering slope stability analysis is performed. Setbacks from near vertical mining excavations to the permit boundary will be 50 feet or twice the adjacent pit depth, whichever is greatest. Setbacks will also be maintained for potential side slope reclamation if"cut and fill" sloping is required, as discussed further in Exhibit E, Reclamation Plan. The need for "cut and fill" reclamation will be determined during the mining operation once overburden quantities and general pit depths are verified. Topsoil and overburden material excavated from the pit will be stockpiled and used for backfilling mine pit slopes and other reclamation activities. The non-marketable material stockpiles will be created adjacent to the areas that will be backfilled, but not within the Lone Tree Creek drainage area susceptible to flooding. When sufficient material is available in the stockpile, the material will be backfilled into previously mined areas. The side slopes of the mine pit will be backfilled, graded to a minimum 3H:1V slope, and seeded as mining progresses. Approximately 22,000 feet of pit side slopes will be created during mining. Since reclamation is anticipated to be concurrent with mining operations, the actual length of side slope requiring backfilling and grading at any point in time is expected to be far less than 22,000 feet. Although the pit depth is estimated to be between 5 and 25 feet, the majority of the pit depth is anticipated to be near 10 feet, therefore, the average side slope is expected to be approximately 15 feet high. Once backfilling and final grading has been completed in an area, the top of the slope and the side slopes will be seeded as soon as practicable (based on first available seeding season). Since reclamation will take place concurrently with mining, large and long-term topsoil and overburden stockpiling is not anticipated. Topsoil and overburden stockpiles will be configured to have side-slopes no steeper than 211:1V. If the stockpiles are inactive for more than one growing season they will be seeded with the fast growing grass seed mixture in the table below. However, since the stockpile materials will continually be used for reclamation, the stockpiles will likely be disturbed on a frequent basis and seeding the stockpiles may not be practical during the course of the operation. If stockpile seeding is not used, surface roughening will be maintained to limit wind and water erosion. Stockpile Grass Seed M ixture Rate Grass Species (Ibs PLS/acre) Intermediate Wheatgrass 5.0 Blue Grama 1.0 White Sweetclover 1.25 Rates are for broadcast seeding. In order to gain an understanding of the extent of the mining operation, it is helpful to know the acres disturbed by different aspects of the mining operation. Each aspect is listed in the Connell Carr Pit DBMS 112 Permit Application Adequacy Review Response following table with associated disturbed area. The table illustrates a point in time where the mining disturbance could be at its maximum. At the proposed Connell Carr Pit site, it is assumed that the mining disturbance will be at its greatest midway through Phase I. During this scenario, no reclamation will have been performed on the active mining face, approximately 500 feet of side slope on both sides of the mining face, and about half of the exposed pit bottom. Since backfilling side slopes and the active mining face to a minimum 3H:1 V slopes is more costly than "cut and fill" sloping, backfilling will be used to estimate reclamation costs (see Exhibit L). Mine Operation Aspects and Disturbance Areas Aspect M fining Operation Area Disturbed Active Mining Area: 1. Near vertical active mining face and 100-foot wide pre- A stripped area in anticipation of mining. 13.8 2. Near vertical un-reclaimed pit side slopes. 3. Un-reclaimed pit floor. Partially Reclaimed Mining Area: E3 1. Pit side slopes backfilled to 3H:1V. 26.1 2. Partially reclaimed pit floor. Misoallaneous Disturbed Areas 1. Scale house and maintenance building area. 2. Internal haul roads. 2.0 3. Main site access road. Final Reclamation: D 1. Seeding. NA 2. Re-seeding Total Disturbed Area 41.9 Diversions and lrrpoundments The existing grade of the proposed permit area generally drains to the existing Lone Tree Creek drainage. Stormwater that falls directly on disturbed areas will be generally drain to the mine pit and allowed to infiltrate. The active mine pit will effectively contain stormwater flows and prevent surface runoff from disturbed areas of the site. Stormwater not encountering disturbed areas will be allowed to drain to Lone Tree Creek. Material Processing and Associated Facilities A portable processing facility for product crushing and screening will be brought to the site and used as needed. The facility will be located within the pit close to where active mining is occurring. A fueling/lubricating station, generators, and outdoor storage may also be located near the portable processing facility. Pit run material will be hauled or conveyed to the Connell Carr Pit DBMS 112 Permit Application Adequacy Review Response processing plant where raw material and product stockpiles will be located. Alternatively, the material may be hauled off-site as pit run for direct use or processing elsewhere. In addition to the portable processing facility, a portable asphalt plant may also be used on the site as needed. The asphalt plant would be located in the mine pit near the portable processing facility to minimize material handling and hauling distances. A mine office/scale house trailer and mine equipment maintenance building will be established near the site entrance. The office/scale house and maintenance building area may be used for employee parking, equipment fueling/lubricating, or equipment storage. Commodities to be Mined and Intended Use Sand and gravel for use as construction materials will be the primary products produced from the proposed Connell Carr Pit site. Test pits have verified that commercial deposits of sand and gravel exist up to 25 feet below the surface of the ground. In addition to the commercial sand and gravel materials, clay, silt, and other non-marketable topsoil and overburden materials will be used on-site to for reclamation. Use of Explosives Since the material is unconsolidated deposits, no explosives or blasting is required. Connell Carr Pit DBMS 112 Permit Application Adequacy Review Responses EXHIBIT E Reclamation Plan This plan covers the proposed Connell Can Pit and does not change the existing Tucker Aggregate Pit (M-1980-002) operation reclamation plan. Final Proposed Land Use The current land use for the Connell Carr Pit property is rangeland. The use of this land is not expected to change. Most of the land surrounding the proposed permit area has similar uses of rangeland and open space. With so much open, undeveloped land in the surrounding area, maintaining this land as rangeland is consistent with the more regional land uses. General Overview of the Reclamation Plan Reclamation of the proposed permit area is fairly straightforward. Much of the pit, after mining, will contain a pit floor that gently slopes toward Lone Tree Creek. The pit floor will be blended into the Lone Tree Creek valley and drainage and will be connected to existing drainages. Reclaimed mine pit side slopes will be created from backfill with overburden and, if necessary, a combination of"cut and fill" so as to preserve overburden for use in establishing a plant growth medium elsewhere in the reclamation. All areas disturbed by mining activities will be prepared with topsoil and overburden and revegetated during reclamation. Revegetation will generate a blend of grass species and, given suitable precipitation, should produce good vegetation cover over much of the reclaimed site. In general, shallower reclaimed slopes will provide easier access during reclamation and safer access for ranching equipment following mining. Shallower slopes will also aid in establishing vegetation growth and minimize erosion. For this reason, no slopes will be reclaimed any steeper than 3H:1 V. Grading of pit side slopes and the pit bottom will attempt to adhere to the surrounding natural topography and drainage patterns. The mine office/scale house trailer, maintenance building, portable processing facility, asphalt plant, and any other structures associated with mining will be removed from the site during final reclamation activities. Roads not necessary for future access and other disturbed areas will be reclaimed with topsoil and overburden replacement and vegetative cover to stabilize the areas and minimize erosion. Reclamation Measures/Materials Handling All available topsoil material will be used for backfilling. Similar to mining, earth moving equipment may include, but are not limited to dozers, loaders, scrapers, and excavators. Additional farm equipment for grading and seeding may be used for revegetation activities. Connell Carr Pit DBMS 112 Permit Application Adequacy Review Responses Materials Handling- Backfilling The pit floor will receive only enough backfill to create final grading for drainage and to establish a growth medium for revegetation. The pit slopes will require backfilling to achieve final reclaimed slopes of at least 3H:1V (see Exhibit F, Reclamation Plan Map). Because of the pit size and possible limited overburden, it may not be possible to achieve complete side slope reclamation by backfilling with available overburden material. In addition to the side slopes, overburden material may also be required to cover the pit floor for drainage grading and to establish a vegetation growth medium. The result is, depending upon the amount of overburden material recovered and available for reclamation, side slope backfilling may need to be enhanced with an initial "cut and fill" of the near vertical side slopes (see Exhibit F, Reclamation Plan Map). The degree of "cut and fill" required, if any, will be determined during mining as overburden material quantities and pit depths are verified. Materials Handling- Grading The 3H:1V pit side slopes will be graded to transition into the relatively flat pit floor. Grading of the pit floor may leave a subtle rolling topography rather than a completely flat bottom depending on varying depths of the sand and gravel deposit. The variations in topography will not create water catchment areas, but shall be graded to drain freely. The gentle slope of the topography will control water flow and create a variety of microenvironments for vegetation growth. The side slopes will also not be graded smooth, but will contain a low profile ridging pattern that follows the contour. Final grading that leaves this type of ridging pattern helps to capture water for plant growth as well as reduce the velocity of runoff and slope erosion. On these slopes, erosion may present a maintenance issue for the first year or two of revegetation if there are large, drenching thunderstorms, but more normal low intensity thunderstorms should not create more than minor rilling. Blending of the pit into the Lone Tree Creek drainage will be important to prevent pooling of water in the pit bottom and to avoid creating a steep slope at the pit edge that encourages erosion. The final grading of this transition area will blend the topographic contouring from the pit floor with the undisturbed topography beyond the pit edge. Some of this transition area will involve lowering the high, steep embankment associated with the incised creek channel, while other areas will transition into lower terraces that separate the mine excavation from the ephemeral channel (see Exhibit F, Reclamation Plan Map). All backfilling and grading will be done to stabilize the material and control erosion. Final grading and seeding will be done as soon as possible after backfilling, grading, and topsoiling have been completed. There will not be known toxic or hazardous materials in the backfill material. The reclamation will not leave high walls on the property. In addition, there will be no auger holes, excavations,or shafts left on the property. Topsoil and Revegetation The growth medium for revegetation will be a combination of overburden and topsoils. Unfortunately, there is not a large quantity of quality topsoil available at the site. The topsoil is Connell Carr Pit DBMS 112 Permit Application Adequacy Review Response only marginally different from the overburden, with its main distinction being slightly higher in organic matter. Because of its thin and scarce occurrence, true topsoil stripping will likely incorporate some of the underlying silty clay overburden material. Every effort will be made to separate true topsoil stripping, but even with the incorporation of some overburden material, it is not anticipated that large quantities of the topsoil/overburden growth medium will be available for reclamation. Because of its limited availability, the topsoil/overburden growth medium may not be placed evenly over the entire site. The floor of the pit will likely need less growth medium because moisture accumulation there will help vegetation growth and new soil development. Therefore, only about six inches of the topsoil/overburden growth medium will be placed on the pit floor. The same dressing will be used for areas where stockpiles, access roads, or mining structures have been removed and the underlying material has been scarified in preparation for reclamation. A minimum of one foot of growth medium will be placed on backfilled or otherwise created pit slopes. The extra thickness of growth medium will help to retain moisture on the slopes and provide a deeper rooting zone to help protect against erosion. For slopes created by backfilling, growth medium will go on top of a considerable depth of overburden, but for slopes created from a "cut and fill" approach, the thickness of growth media will be an important top-dressing. When spreading growth medium on slopes, the same requirements for general grading will be followed. Final grading prior to seeding will only follow the contours of the slope, creating ridging patterns that follow the contour, and will never produce tracks up and down the slope. Planting of the site will be done as areas are finished with preparation after grading and spreading topsoil/overburden growth medium. Planting will occur seasonally to allow for timely germination with available moisture and to provide the highest possibility for growth success. If possible,planting will be performed between November and the end of April. Drill seeding is the preferred method for revegetation. Grass seed should be planted with a drill equipped with depth bands and press wheels. On this site, broadcast seeding is not advisable as seed burial would be limited. If broadcast seeding is necessary on moist soils, steep slopes, or in excessively rocky areas, success can be encouraged by broadcasting onto growth medium that is very loose, such as occurs immediately after spreading the plant growth medium. If the seed is broadcast in those circumstances, then the seeded area will be dragged to help bury the seed. At this time, no mulch or fertilizer is being proposed. On west and south facing slopes, mulch may be applied if desired, but only if the mulch is very strongly crimped into the soil. On this site, straw mulch, unless well anchored would most likely just blow away, providing little benefit. If mulch is used, certified weed-less straw mulch at a rate of 2,000 pounds per acre should be applied. No fertilizer is recommended for revegetation of the Connell Can Pit site. Connell Carr Pit DBMS 112 Permit Application Adequacy Review Responses The reclamation seed mixture was provided by the Natural Resources Conservation Service specifically for the proposed permit area and is listed below. Revegetation Seed M ix Species Rate (Ibs PLS/acre) Wheatgrass, Western 4.80 Grama, Sideoats 1.82 Grama, Blue 0.50 Green needlegrass 1.92 Buffalograss (bur) 1.65 TOTAL 10.69 Rates are for drill seeding. If broadcast seeding is used, double seeding rates. If a significant invasion of noxious weeds occurs after seeding, the weeds will be mowed before they can go to seed. The areas will be mowed periodically for additional control as needed. Mechanical control will be used as a first priority. Chemical methods will only be used if no other alternative produces acceptable results. Periodic inspection for noxious weeds, at least once a year early in the season, will be done. The weed inspection will search for not only the expected species but also any new List A or B species introductions. It is likely that non-noxious and List C species will also be found. Non- noxious weeds, which are often native invaders, do not need to be controlled, but if the population of a List C species is controllable then it will be included in the control program. List C noxious species are problematic but are usually not as serious as List B species. List B species in Colorado and utilized for Weld County weed management include: Absinth wormwood, Black henbane, Bouncingbet, Bull thistle, Canada thistle, Chinese clematis, Common tansy, Common teasel, Corn chamomile, Cutleaf teasel, Dalmatian toadflax, Dame's rocket, Diffuse knapweed, Eurasian watermilfoil, Hoary cress, Houndstongue, Jointed goatgrass, Leafy spurge, Mayweed chamomile, Moth mullein, Musk thistle, Oxeye daisy, Perennial pepperweed, Plumeless thistle, Quackgrass, Russian knapweed, Russian-olive, Salt cedar, Scentless chamomile, Scotch thistle, Spotted knapweed, Spurred anoda, Sulfur cinquefoil, Venice mallow, Wild caraway, Yellow nutsedge, and Yellow toadflax. All List A species must be eradicated by law. These weeds include African rue, Bohemian knotweed, Camelthorn, Common crupina, Cypress spurge, Dyer's woad, Elongated mustard, Giant knotweed, Giant salvinia, Hydrilla, Japanese knotweed, meadow knapweed, Mediterranean sage, Medusahead, Myrtle spurge, Orange hawkweed, Purple loosestrife, Rush skeletonweed, Squarrose knapweed, Tansy ragwort, and Yellow starthistle. The current complete list of noxious weed species and local management plans is available from the Weld County Weed Division. Connell Carr Pit DBMS 112 Permit Application Adequacy Review Resoonse Wildlife Current wildlife conditions and potential impacts are described in Exhibit H, Wildlife Information. Water—General Requirement No groundwater is expected to be encountered in the mining and therefore groundwater in the area should not be affected. Although the pit floor will have a gentle, possibly rolling, topography as described above, discharge from the pit to the Lone Tree Creek drainage will still occur. Since the retention of water in the pit is not allowed under Colorado water law without prior approval, pit floor configurations will keep water draining without reaching high velocities that can cause rapid erosion. The discharge from the pit will be intentionally directed into existing drainageways associated with Lone Tree Creek. Thus, the edge of the pit will likely have not only a horizontal blending to produce smooth slope transitions, but it will be vertically variable to match rises and falls in the topography just beyond the pit edge. Initially, silt fence or other sedimentation best management techniques shall be installed in all significant drainages within about 50 feet of the edge of the affected land. Until the vegetation develops on the pit floor there will be a fair amount of sediment discharge from the regraded and seeded pit floor. These best management practices will aid in reducing the amount of sediment that leaves the affected land. No irrigation will be used in establishing the vegetation, so no water rights are required for those purposes. No water storage will occur in the pit. To minimize the effect on the prevailing hydrologic balance, the operator shall: a. Comply with all applicable Colorado water laws. b. Comply with all applicable Federal and State water quality laws and regulations. c. Comply with all Federal and State requirements for dredge and fill. d. Perform all work to minimize erosion and sediment transport. Current water resource conditions and potential surface water and groundwater impacts are described in Exhibit G, Water Information. Buildings and Structures There are no existing buildings or structures in the proposed permit area and no structures will be left following reclamation. Signs and Markers Permit notification signs will be placed and maintained at the entrance to the operation. The permit boundary will be identified where it is not already identified by fences or suitable markers. All signs and markers will be removed upon permit release. Connell Carr Pit DBMS 112 Permit Application Adequacy Review Response EXHIBIT L Reclamation Costs In order to calculate maximum potential reclamation liability to the State,we have selected a point in time where reclamation costs could be at a maximum. It is assumed that the time of maximum mining disturbance will be midway through Phase I. During this scenario, no reclamation will have been performed on the active mining face, pit side slopes on both sides of the mining face, and about half of the exposed pit bottom. Since backfilling side slopes and the active mining face to a minimum 3H:1V slopes is more costly than "cut and fill" sloping, backfilling is used to estimate reclamation costs. Stockpiles with available topsoil/overburden for backfilling will be near the pit and areas for reclamation, so haul distances will generally be less than 1,000 feet. Each aspect is listed in the following table with associated disturbed area. Please refer to Exhibit D, Pre- Mining/Mining Plan, for a listing of disturbed areas that total 41.9 acres. This estimate will follow the same order as the listing in Exhibit D. Connell Resources Inc. is an earth moving and construction contractor and unit costs for reclamation activities were provided from bidding documents associated with similar projects. Since all structures used in the mining operation are portable, it is assumed that removal of the structures do not have associated costs. The active mining area will include the active mining face, un-reclaimed pit side slopes, un- reclaimed pit floor, and partially reclaimed pit side slopes and pit floor. The active mining face will be near vertical with a maximum length of 1,000 feet and an average height of 15 feet. In front of the active mining face, an area 100 feet wide will have been pre-stripped in anticipation of mining (2.3 acres). In addition, a maximum 500 feet of un-reclaimed pit side slopes may be adjacent to each end of the active mine face. These side slopes will also be near vertical with an average height of 15 feet. Framed by the active mining face and pit side slopes, the pit floor (11.5 acres) will be un- reclaimed, contain overburden, raw material, and product stockpiles and, when needed, the portable processing facility and asphalt plant. Following backfill, the areas are rough graded in preparation for topsoil/overburden growth medium placement, final grading, and seeding for revegetation. In addition to the active mining area,parts of the mine pit will be partially reclaimed. A maximum of 1,000 feet of pit side slopes backfilled to 3H:1 V (1.1 acres) and 25 acres of pit floor will be backfilled with topsoil/overburden growth medium and rough graded. Since backfilling and grading may occur several seasons before final reclamation, the area will be tilled prior to additional reclamation activities. Final reclamation for these areas will include topsoil/overburden growth medium placement, final grading, and seeding for revegetation. Miscellaneous disturbed areas at the point of maximum disturbance will include the scale house and maintenance building area, internal haul roads, and the main site access road. These areas will be tilled in preparation for topsoil/overburden growth medium placement, final grading, and seeding for revegetation. It is estimated that the combined area of these disturbances will be approximately two(2)acres. Since quality topsoil is scarce on the Connell Carr Pit site, vegetation growth medium will include the best quality topsoil/overburden material available. If available, a minimum of 6 inches of growth medium will be placed on all disturbed areas following backfilling, scarifying, and/or rough grading. Final grading of the topsoil/overburden growth medium will prepare the surface for seeding. After initial seeding and the first season's growth, it is estimated that approximately 20 percent of the seeded area will need to be re-seeded. Connell Carr Pit DBMS 112 Permit Application Adequacy Review Response Aspect I Reclamation Operation Quantity I Units I Unit Cost($) I Cost($) Active Mining Area A la Backfill active mine face to 3H:1V slopes 12'500 CY $1.05 $13,125 [0.5(1,000'x 15'x45')] lb Backfill two un-reclaimed pit side slopes to 12,500 CY $1.05 $13,125 3H:1V 2 0.5 500'x15'x45' lc Rough grade backfilled slopes 25,000 CY $0.50 $12,500 Id Place growth medium on backfilled side 3,511 CY $1.05 $3,687 slopes 2(1,000'x47.4'x 1.0') le Final grade backfilled side slopes 3,511 CY $0.50 $1,756 Place growth meduimon 100-foot wide A 2a area pre-stripped in anticipation of mining 1,850 CY $1.05 $1,943 (100'x 1,000'x0.5'). 2b Final grade pre-stripped area 1,850 CY $0.50 $925 A 3a Place growth medium on pit floor '9 280 CY $1.05 $9,744 (11.5 acres x0.5') 3b Final grade pit floor 9,280 CY $0.50 $4,640 Partially Reclaimed Mining Area Pit side slopes (1,000')previously B la backfilled to 3H:1V and pit floor (25 acres)previously covered with 0.5-foot growth medium lb Till all areas in Aspect B 26 Ac $25 $653 B 2 Place growth medium on pit side slopes '1 756 CY $1.05 $1,844 (1,000'x47.4'x1.0') B 3 Final grade all areas in Aspect B 21,926 CY $0.50 $10,963 MisoellaneousDisturbed Areas Scale house,maintenance,internal haul C la roads,and main access road areas na previously disturbed-structures removed. lb Till all areas in Aspect C 2 Ac $25.00 $50 lc Place growth mediumon all areas in 1,620 CY $1.05 $1,701 Aspect C (2 acres x0.5') ld Final grade all areas in Aspect C 1,620 CY $0.50 $810 Final Reclamation D la Seed all areas in 41.9 Ac $675 $28,283 Aspects A,B,and C lb Re-seed 20%of all areas in Aspects A,B, 8.4 Ac $675 $5,657 and C Total Reclamation Costs $111,403 Contractor Mobilization/Demobilization Costs (8%) 0.08 $8,912 Overhead(18.5%) 0.185 $20,610 Administration(5%) 0.05 $5,570 Total ProposedFinancial Warrenty $146,495 Disturbed Acreage 41.9 Financial Warrenty per Acre $3,496 Connell Carr Pit DBMS 112 Permit Application Adequacy Review Responses Revised Exhibit C- 1 Existing Conditions Map 58;5 I �I NORTHlei z -o /G i 600 0 600 1200 1800 lii o /i/ se'c w I I i I— I I -I I I in o T ,:••-• / s�c5 I I ( IN FEET ) _C2 W O 180' TRI—DISTRICT ___4_ O = cs4 //// 5800 G&T ASSOC. ESMT. 1 inch = 600 ft. �� ‘.:i o 5795790 LEGEND: N„ _Qs:Q....) 0 I TUCKER PIT /j/ 5785578o t z rcM_1980_002) / -jj/ • 5j w PERMIT BOUNDARY ■ ■ 0 �/ REC No. 020120100002 �5 I 00 OFFSET LINE CD Li \`--1LI___ �_ -�/ / EXISTING ROAD • Q , w � \ CV EXISTING 5 FOOT CONTOUR -4870 w Ni .-- //% i - T - - - a ►�. `�♦ I C) EXISTING 25 FOOT CONTOUR -4700- - CV U � /� • -.. - �� - _ _1- S�-O EXISTING STRUCTURES i - \ o I 7O: 5:<*(...."."'''''. �a• �\ — — — 576 I w O 5 (J) - - - - Z NOTES: REC 66 I No. 020120100014 ` '.�\ —� — — — ` ` — — 1 _ _ I Z a I \ ♦... —' — -- — W 1. The proposed permit area is located in Section 21, Township 11 North, O 5CI I N. `, — cc Range 67 West of the Sixth Principal Meridian, Weld County, State of I I I -� ___ _ ♦♦ Colorado. U I- o - `� I' `\ "�� _ 2. The proposed permit boundary is consistent with the property parcel a Q I j • , �� j 200 boundaries on the west, south, and east sides. These parcel boundaries F- 0 4' OFFSET I ware also defined by the section lines for Section 21 (T11N, R67W). a �.I EXISTING +\ s, �� \ \ 3. The site is bound by Weld County Road 17 to the west and Weld County co BUILDING (TYP.) ♦♦ • ♦♦♦ OVERHEAD HIGH Road 126 to the south. The northern permit boundary is defined by the _ O ♦ \ extent of the aggregate reserve, but generally bisects the northern half U r ♦ ,� ♦ VOLTAGE LINE • ♦ of Section 21. 2 �� \�� ♦♦ (TRI—DISTRICT 4. Adjacent land uses are primarily agriculture with non—irrigated range " ;In i; I REC No. 020120100015 '-' _ �♦ G&T ASSOC.) land, open space, and semi—rural residential. w !n 6 I.- ate' t. \\�..,�, ♦ `J EXISTING "' LAND & STRUCTURE OWNERS WITHIN 200 FEET '!LE BUILDING (TYP.) �; APPROXIMATE CENTERLINE I "' Z I I I BURIED GAS LINE _ ` ��.• LONE TREE CREEK W I (PLATTE RIVER • OF PERMIT BOUNDARY POWER AUTHORITY) • 1 \•♦ •^`�. -I ♦\\ '.k.\ • i- Parcel Owner Mailing Address X i. D.. , . ,. . Y 75' EXISTING , ♦ 4 a r - - \. • �` \ \ WILSON,CHARLOTTA C 7188 N 850TH ST w PRPA EASEMENT \ ► \ • in \ \\ w 020120000006 WILSON, GARY I. ROBINSON IL 62454 'in200' \ \ . v / i ‘ 1, P O BOX 3170 OFFSET t t u 020120100009 TERRY GRAZING ASSN CHEYENNE WY 82003 1 W m �„ I I r I. - _ _•—._ I NEWBOLD,DAVID P SR REV TRUST AND 62671 CR 17 O I ,. - X200' 020120100014 NEWBOLD,GERTRU D REV TRUST CARR CO 80612 t - .4��l�C•��Y �Sh�iCIIIIII�I�Y� •` �; OFFSET ' + CO NEWBOLD,DAVID P S REV TRUST AND 62545 CR 17 Q a I I� • _- ', , / \. \ , I 020120100015 NEWBOLD,GERTRUDREVTRUST CARRCo80612 U I— i x I 4, -.. \ w I' O _ _ E,) • w I. C.)I } *' \\ 4 O PO BOX 3170 I CL \ I I 020121000002 TERRY GRAZING ASSN CHEYENNE WY 82003 Q.. 1 I BURIED TELEPHONE -• - . . lit ♦`. 4 f��, I I o PO BOX 3170 Q 0 /�� & FIBER OPTICS LINES - y •11 �" .. I 020122000003 TERRY GRAZING ASSN CHEYENNE WY 82003 Q 3 (NUNN TELEPHONE CO.) OVERHEAD UTILITY LINE •♦ I I p ~ Q D- �r ,�• (POUDRE VALLEY REA) \�-4 *, �: . ♦`\ N 020122000004 STATE OF COLORADO 600 DENVERCO80203� V O ._ U `"4 Ia �o a' - ♦�_ ' • ' ft ♦ I O a ' S •,• \ w IDEPORTER,ARVID R 14503 COUNTY ROAD 108 UJ J O �' o I o �♦ \\ Z 020127002001 NUNN CO 80648 Q_ J i • W \♦ + \ THOMAS,LLOYD AND E7900C.R.120 N W y 6 40' HALF ROW ♦•• \ 11 020128100008 THOMAS,MARJORIE J TRUSTEES CARRCO80612 PV , ,y_ WELD C.R. 17 •�. • Z 1, N I (WELD COUNTY) n \ P\ a 285LOGANAVE 0 I I ,_ U, ♦\ ' \ u 020128200011 NUNN TELEPHONE COMPANY NUNN CO 80648 Q 8 -I I EXISTING WELD C.R. 126 SAS '.'. \\ I \ SCERJANEC,HAROLDIANO 8470CR126 J U I I• 1 U 020128200012 5KERJANEC,SUSAN M CARR CO 80612 BUILDING (TYP.) (WELD COUNTY) s'ss s�is REC No. 020120100001 • ,\ II obi I I �� CITY OF FORT COLLINS AND PO BOX 580 W .1 mREC No. 020120100011 EXISTING Np I •S, o, \ 020129100007 NATURAL FORT GRAZING LTD FORT COLLINS 0080522 CC6: I - I 4 BUILDING (TYR) c -1 SITE ENTRANCE \i 4C HALF uVd r6' COMMUNICATION NUNN TELEPHONE COMPANY 285 LOGAN AVENUE f '0 ,,C LINES NUN 080648 -I LJ — ro " - (�—r g T BURIED GAS LINE PLATTE RIVER POWER AUTHORITY 2000 EAST HORSETOOTH RD r� X — ny - TT•1T — -Ffr TFORT COLLINS,CO 80525 m N O n. G/ ,r� <n b N rc / I '� REC NO. 020128100008 OVERHEAD NS UTILITY POUDREVALLEYREA FORTCOLLNSACO80528 0 o a -o O � BURIED WATER LINE o El I l . E C:) (L.G. EVERIST, INC.) 1 200 OFF`_F.T BURIED TELEPHONE ` HIGH VOLTAGE TRI-STATE GENERATION AND 1100 WEST 116TH AVEIk ' LLi (13 & FIBER OPTICS LINES LINE TRANSMISSION ASSOCIATION WESTMINSTER,0080234 I_ -I P O 0 WELD C-R. 17w N O (WELD COUNTY) RE C No. 020120100012 (NUNN TELEPHONE C0.) Ronos WELD COUNTY PUBLIC WORKS P.O.BOX 758 = c.) rL p GXISTING GREELEY,CO80632 V) Q BUILDING (TYP.)/ O Revised Exhibit C- 5 Pre- Mining/ Mining Plan Map yl I I I I I ll • // ,-/ I I I _• /A‘,. NORTH I I I I \I / of o.ss DSTWDT . h IL I \ ....,....'........• \ _ ---- CC.ESSAY. m �` li \\ _ // a/ \ _ 300 0 300 600 900 • I I • (IN FEET) • _ ) ` I I Rleh• 300 ft , r — • /,. a W LEGEND: • I I �••� // // '° \ I PE WTBalloARY \ \ ----I---- .S` / ii / —-- sns— -- y • 1 Il WITS a MINING —•—•— In �.♦~ `\ r r I I u T EXISTING ROAD ' • I . . • ''• E,,SSNC t0 FOOT CONTOUR — USIA N • •' _—_�-------.� '' - • . a„b \ XIs Na so FOOT ccNTouR / • \ \ \ I INNINGgRECRCN \ \ y 1 NOTES: I __ I 'V .56 oc�ea uosed p one rl about oc espc�,ent�po imotlrr J/ I } I 1 r Y planned ror TUCKER1900-PITY • -. __-__ �r mMinq. Roamer,the oftect.d land boundary.. .rat lames. (IF'T - ``\• • `r 50•'MM. ) 11 y future rnilpol boundary lal to operationsMtar wk...cctIntIK and 1 + `� �SEtBACK I 1 ,/ .. Areas not d"nlwbM by mining may M aatwbetl by MM“ \ roads,steel...,materiol preceasMq,or bacaRnelq and OMIT . 1 I IAIWROOXIMATES -------------- • —� — -•\--\\.— _ �_ or s.mn setbacks red eda tonne tent Thee ...mg of.onea.;s<onsmt +\\\\ 3. p.rmitSelbecks bound.), tAe mar♦pit lop of yape t0 lM ned I O • .•• ••`` • `TOF50LL/01Lk8UR0EH � A • , aptA*1 oR DY SO feel Or gryOLnu<Iww n ownW by IM y $ I I • • STOCKPILES u,',I.Uun'F I� I Iiwne o ned by the apPlkont a pepaty muter located*Rhin •••• 'u tM P♦rrru1 eta such o.sin-Improved maps.Imes,mates • ♦• 1 ♦ells and Ossoc.led pumps,and olAer structures may be • 1 •` I r.md»a a rao<Obq do OM r.olamotmn j q m..a. I I •♦ 1 5 Test des hose sertfl.d toot cammerNa dpoyts of easel and ♦ / yeA e.1a1 p l0 75 tell byo.m.fwtoCe al IM grpmd. {. _ •0' `•�'St` 6 G dwoln u4:, not♦y.Ct.d 0 b♦s6ounler♦d des,,, mMM9. 1alL \ I _ --_-_ • `—-_ 1 p,rinq mn..1 be tat to o no tree Ueea bwrege. ��V`j,( I v� 70PSOL/OVERBORO[x _ - - • p winlw'.iiona teen la nal deturo uw Dear etunna and e 3 o _ STOCKPILES J •• a .owemle processing tacrly Ice product crue9Fq ant }•p r • rl I APPROXIMATE ` �•P. •e `\` I I se*and us.es�n♦eded TM fatal.,•ei b toed Ot.11 F R t I MINING Lam •• . k i MINING PHASE II - 1 4 A mm11.wte of k:i,<a.he.t+raaK�d mw iM�9.w,mnq.0 ay.... �n�� I I `\ _' •-�•• .•••`'- 94 ACRES I u l0 Best umoq.ment Prent4 near o.1.!aloe`used to Wn11 teach..of W a , -- •,�.� .1.0,.at.and..da.e.I auto 04)acenl peperl'.•.d ((Li -.. _._ y_rIc::tr • OAMECRLIN( caleeaya Nik\ / POWER UiH0003K) ••I I ``, I OVERHEAD 010* 50 AIR(. \ // ILP9?PS0T � 'EXISTING /��_� NiL • •a`as I (TRIT dS1RICi . r , I° • MINING PHASE I • APPROXIMATE GRIT ASSOC.)AssOC') OVERBURDEN Iijfroott MINING UMITs 288 • ACRES �, led � ONND U s0'MIIL s, �. 4 . Z �-- �ACR % , . '`, I AGGREGATE T. • t I a W MINING FLOOR r 8 LL D--\\_,..o Q W u- o - - . S? I 1. • r` WONG LAMS 50 W. V z O • SETBAa TYPICAL MINING SECTION c TENON. /or ` [APPROXIMATE I i AT PERMIT BOUNDARY 7,1 w Z D \ r,I I I • ASPH4T PLANT FAOUTY �{ • I Z 19 J ra ` r/ BURIED TELEPHONE I `•. • • .``� I I Z J w &FRIER OPTICS UNES 'TGPSDIL/OVERBURDEN - • "�N. I I Q u W (NUNN TELEPHONE CO.) STOCKPILES • r'1•♦ I I - U Z • AGGREGATE O SCALE NOMSE •. I - ` 1 (u'su') \\ •• ■ . a. • . • • I I \ 5'.£RBURDEN 0 U !! l'I1 I I \ MAINTENANCE&IIIpNG + ••••` ``� I / J I I I 1 5 S __ __ (W-SCs L-60 s N-73) b • I , P4 • GRAVEL OR • fir• s'-,O' — I +o'HALF ROW v $ --------Z----- ACCOSS Row ..T �f� yIIG 3 , CL •♦ K' 00 � H abOf, �!.-r• Z AA x466 r9�' \� i` A�a v3A�z� �°�� e9a� 1 O • - WELD C.R.t7 \`` • I1`,\ _ _ r..oa?s�o°ba4 °a°.ye �� 5-10• / (MRD COUNTY) 1 Q y.r MELO C.R.126 d'@oect C k I u .(MELD COUNTY) \\ as\. I•, ''r°'Do°d To°'�°.y, _• U C c A TCPSOL/OVERBURDEN ° ^" ' `s I I .tV EKCAVATED Pit y J 7 S IM STOCKPILES ,. 1tTPS01l/OVERBURDEN `S \ / --._ O I +I la' 90ROM,GRAD( LONE TREE Ebe•. a ` _ I I JI STOCKPRES °a. \ - �\ (`s 10 DRAIN CREEK CHANNEL a 1 APPROXIMATE SIT[ENTRANCE ` 50'MMt. I•Y O J r. o I e I _ — �Mu'"G LIMITS - SETDAa(�— — — T . •\+I• "" TYPICAL MINING SECTION (L _w Test ROW_ i „� =TIE �+�tl.. _wr .ate ^• T=° -- g — — — — — •••• I .„....4.2.. y• BORDERING LONE FREE CREEK r -- =,, R��-, 'r- -{� _ - _T ��r≥=,•__J�� a _ — — _ — •-lo�Fc— —T^— -v_ -- - li�--1- ••• "I. cc CO—CD W Z 1 N Z ROMEO WATER UNE ;;` `\ \ \` AGGREGATE X OVERHEAD URUTY LINE W a (LG.(YEAST.INC.) WILOIItC )J O O (POVORE VALLEY REA) e I I .� .RFmER OPTCS USES / b \� • / OVERBURDEN V Q -a/ MELD C.R.17 , (NUNN TELEPHONE CO.) / I I \\ N �(ttQD COUNTY) // // ^ I I V7 Cr F. • ,- I I I • . S'-iC W CL II QO ..+V I5'-20 Qe I 1—_ I r l I EACAVATED PIT— ` // IJ I B0ITOAA ptADE J • • 70 DRAIN LONE TREE (J.itB- 'embev.2.:•' M • CREEK CNANNCL Drawn. C. Sr'oo do•i b Job No BORDERING LONE TREE CREEK Design: B ��1`er,GtF:a N Checked F S�riNEIFELE¢l "T`' Sheet'. x b 5 III 5 Revised Exhibit F Reclamation Plan Map I II I I I I I I I II C . .%�,. ,I NORTH I '� ' I m �` ii \ /. o, \ I - ` — S Sao �o (IN fEET) + ` I 1 inM. .100 It. LEGEND: ,/ - - I PERMIT BOUI:*We �••r .. ..._• // /' \ ! 1 EXISTING ROAD 0 •� -`:- \ I I EXISOHG S FOOL CONTOUR - •••• • I `.�.. _ _ _ \\ II W E%tSDHC 25 FOOT CCNTWR ----805D-- c ,`\` _ ♦•.. ••• • • ".p/{, • "I..--_-- - -- �.\ \ \ I PROPOSED 5 FOOT CONTOUR 8071- 1..•• -. �/ • \•• - N. \\ .--7,-- ,:.___ ^Y, •••� \ \ `,\ I PROPOSED 25 FOOT[ONTOUR �070— 6 NOTES: TIICIRR PIT I ti `�•\ • �� •• • ` ._ -_ I 1. The proposed teal iced use,a the Came.Car Pil l0 III ;M-TgeO-DUY) • ___ 1�. so'uw. I rmpYa+e ' `. � - SETBACK " • l will be crewed _ • \ 2 o«.weuraM mine or naw'lYprDy,a canOinpT'.M p1 Porn TOi MO�-+o 1 - '---------'---'. • :;\ -_ as to p+e�<'+i orerow0en Ia a w ealoNNh�r�g p prone _ _ po•IM1 m.yrum Nay.hH.m Inv r.elwnalbn. ^_I . 8 APPROkIYATE v ♦• —~ 3 :b ilabl.tnDsaX Ond ovHhwd.n malHral vXl pre u..d Ior•I YNIaiC LIMITS ♦• • -` APPPO%INAT[ u bocufXunqi}QQLdt•.•• \ MINING 1141TS ARKIPMned alope0.XIOe grod.dl0SN1V aWOItHR�i ' Jl LJ ��7. 1 • 5 dod.g wIN dens the pet hoot:,to me Lane Nee Ctee• Eli 1 I - - • ` \-- —___ ...-,• - V dawogs.y.l.m SW,Ihat slotm•a1H ell drew tree', Ili • I • 6 The growth medium to tel•gelaUon.R b a combmallon al 121 • c.HautdM and topsoil w ❑ --__- • The tetlemeNen sees mP.6Ye•O0 prodded b%the.04" se 1, I ` ••• `\ \\ ! , Ror Dare,)COnsHwlian SHdc•speolRtaily for ht.proposed �'o ❑ 1 aeo Md a II•tad bsb. L� APPRORMIATE •♦• . `..,....______..--A 3 MINING LIMITS - • -_ — ---t- ffff I t/_ ` •I `� �• - ••• • -• -_-` Revegetativa Seed Mix 0 p. .s.‘. • _ • • .• 1. I Rate lV 't •.```---.--:--_, Specie, Oh PIS/XKrr) INFf ING _- -- o BURIED GAS LRk • •• WhL:npnv.W'aTcm i.R II (PLATTE RIVER `` PHASE II POWER AUINORI'h') ,�,♦ ( .� (damn.SiJe1TWs 1.R? `\ 7J I I •••,�` (• OKRNEAD NIGH (inlma,Riac O,i ♦ VOLTAGE LINE r 75'E%ISTINC f_� ♦`�% (TRI-DISTRICT (iRYI1 ReLY11051 1. (Q- . \ 4 PRPA.EASEMENT ♦ C&T ASSOC.) R,ss 1.65 • r` TOTAL 10.69 U -- _ �\ - \ ( MINING • IRutn:Ne for Jnll seedih If brwulcaet seeJ� is Z 11�� \ \\_ IT ------ J APPRO%IYATE I R� RB sri IMINING uAOT$ twd.Joublc xtNling ralca. r ♦ • �' MI\^\ II `� .'. '�'� , I• • -� .+ 9 Pxwdk na0.cibn tor ro.,oue•NOS 01 r ,On.o year a W ea,'m 1We sem,.5 he Mee as pat of a heed �r U Q F- mendgem,enl pan (Z' D r •J U ,.......c,../....0000.1100.portable Pteeeseihp 101,1115. Q W O _ __- _ 0050 APPROXIMATE SETBACK Y .50 5 I pkg..aod temoreed Poen any 0150.the 0RevtnatoreS Oaring M0Xre l00matlenn 00101Ms U ` O TO Best 00509 m.nl PlaalkH•N 0•used to<awVp HO1Vn and J w j _ _ I • ```\ NN aterm•ater suspended sediment tunott Porn the the during W rV C) \ ^ molanotion achydiee, LL U p.WINED TELEPPrr,' 11u -- L\ ./"� • \ `,\ z W &TIBER OPTICS L. \ \ \� O ij (NUNN TELEPHONE I •• I -• \ • ........... s. 0 Z SCALE MOUSE `il• `---�- Z �1 REMOVED.PAD RIPPED. ' ♦ \ O SCARIFIED.TOP SCROD `\ - (. I AND SEEDED \ !-• ! - - - - f • • II 0 I \ ✓"� •• �1 -- 50'MIN. `y RECLAIMED SLOPE t "\ \ _ ACCESS ROAD �` ♦ fs�\ sMOOING EDHIG SLOLL Y r l�. • \` \ TOP SOIL DAk ISEEDED ffi `` ♦ m v—TaSTDR1C GROUND Z LL 5 -{ HALF`ROW \ \ • TOP SOIL• ••• .I I 1 4—WELD CR.17 • ,I \ •�I tT \\ — - ... O MAINTENANCE BUILDING \ i , _ (WELD COUNTY) 1 REMOVED.PAD RTPPEO. \ /3.- T.. I� * SCARIFIED.TOP SOILED T 5'-25' x). Q 1 I I J AND SEEDED `\\ ` } (• �'�1' TOP SO. U Z WELD CR.126 ; •I 1'rw a Q E. I (WELD COURT" ` "--/ - . it 1\ a LL.-) O ) - APPRO%KIATE SITE ENTRANCE \\ suD'MN. ,I�`. • I ``` uINING FILJF Q 11 MINING OATS SETBACK ) ` •♦I I— 4— o �.D'HALF ROW -___ _ .I •,`�``` TYPICAL CUT AND FILL RECLAMATION — r O ( _ -— r-- s -- _ "�.---_ot�._ " �- -- _ — — Tt"�1•—'^r _ °'e .mss • _. IlEk— — —_ _ _M MI — — 1T kJ M-_ —iti. —Ia D- T T e _ !i — i� -.I'� —r - ` ••• lli TCr — — F a— BURIED WATER L•LE OKRNEAD URUTY LwE /A. d/ (4 G.EKRIST,INC.) O \ (PWORE VALLEY REA) - / / ..` \._ SD'MIN ` S RECLAwED SLOPE Q ` BURIED TELEPHONE / / /HISTORIC GROUND Q 773LY k FIBER OPTICS ONES / .\ TOP SOM. C4 J WELD C.R.17 • (NUNN TELEPHONE CO.) / / \�\ � MINING NIDIWALL (WELD COUNTY) _ IZI ��(( Y W ry 1/ 1 !! 5-25 rmc 7I rOP SOL ce LL I r ,.. r ; i! „ 0 ,, r ! BACKER!.UATERIAL welt fL00R • 1 I // I TYPICAL.BACKFILL RECLAMATION pater Da'rrnGr,.2:?'i Job No N3 ^7 wn Drawn. C. SneAdo § b Design: B , •'l•n. , { W Scale:. Sdt,er-de--- Checked E S-71 -LUh Sheet F ! 6 1 111: 1 1 Natural Resource Conservation Service Reclamation Seed Mix Recommendation CO-ECS-05 - 1 USDA O \ CJ Grass Seeding Planned and Applied United States Department of Agriculture Natural Resources Conservation Service Grass Seeding PART I - Planned Cooperator William Schenderlein PE Date 3-27-2014 Tract/Field No Connell Carr Pit Acres Contract No. CIN Soil Survey Area/Map Unit(s) Ascalon fine sandy loam&Altvan fine sandy loam Purpose Acres to be seeded 1.0 Seeding dates Nov 1 -May 1 Seedbed preparation No Till Seed rate Critical Area Planting drilled(40 seeds/sq ft) Planting depth-Drill spacing (in) 1/2 inch-7inch Drill type no-till grass Planned fertilizer N P2O5 K2O A Nutrient Management Plan is not required for the application (lb/ac) I I I establishment of vegetative conservation practices. Planned weed Description Attach WIN-PST Soil-Pesticide Interaction Risk control activities Date(s) Report for all chemical suppression activities Planned residue Type cover or mulch Amount(lb/ac) Application method Seed Mix Recommendation PLS=Pure Live Seed _ Common name Genus, species lbs PLS/ac %of seed mix Seed rate Total lbs PLS N=native, 1=introduced (100%rate) (lbs PLS/ac) Grasses,forbs _ Wheatgrass,Western N Pascopyrumsmithil 16.00 30 4.80 4.80 Grama,Sideoats N Bouteloua curtipendula 9.10 20 1.82 1.82 Grama,Blue N Bouteloua grac/lis 2.50 20 0.50 0.50 Green needlegrass N Ephedra viridis 9.60 20 1.92 1.92 Buffalograss(bur) N Buchloe dactyloides 16.50 10 1.65 1.65 100 10.69 10.69 Shrubs(add shrub seed to grass-forb seed mix) Shrubs 0.00 0.00 Grasses, Forbs 10.69 10.69 Seed Rate(lbs PLS/acre) 10.69 - Total lbs PLS - 10.69 Notes: Use adapted improved varieties and cultivars in the following order of preference,when available: 1. Certified named varieties, 2. Named varieties,3. Common seed When bare-root stock shrubs are planned: Complete Tree and Shrub Establishment 612, Job Sheet Certified Planner Raymond Mowery DC-NRCS/USDA Date 3/27/2014 FOTG, Section IV NRCS, CO Planning Forms June 2013 Exhibit N Source of Legal Right to Enter - Lease Agreement - Title Commitment 4 ` ECEIVED MAY V' III) MEMORANDUM OF SAND AND GRAVEL LEASE Under the terms of the Sand and Gravel Lease ("Lease") effective January 1, 2011, between JRT Limited Partnership and Terry Grazing Association, P.O. Box 3170, Cheyenne,WY 82003, (jointly referred to as the "Lessor") and Connell Resources, Inc., a Colorado corporation ("Lessee"), Lessor has leased to Lessee certain real property located in Weld County, Colorado and described as: a. The currently-operating Carr/Tucker Pit, including all of Section 17, Township 11, Range 67, except 1 acre in SW4SW4, and the N2NE4 in Section 20, Township 11, Range 67,Quarter Section I, AND b. additional real property which is being added to the Carr/Tucker Pit, including all of Section 21, Township 11, Range 67, and the SW4&S2SE4 in Section 22, Township 1 1 , Range 67 (25RR). ("Leased Premises") for the purpose of Lessee mining and extracting sand, gravel and related products from the Leased Premises under the terms and conditions of the Lease. The Lease shall be in effective until the earlier of the following events: a. One year following the date all salable material has been removed and sold from the Leased Premises; b. On December 31, 2016, unless extended pursuant to Section 2; c. Lessee terminating this Lease by giving Lessor written notice on or before September 1 of any calendar year stating that Lessee is terminating the Lease as of December 31 of that calendar year; d. Either party terminating the Lease under the default provisions of Section 13; e. Failure of the Permits transfer process referred to in Section 4; or f. At Lessee's option, upon substantial interference with Lessee's operations by the oil, gas, or mineral owner, as referred to in Section 7.9. The other terms and conditions of the Lease are incorporated into this Memorandum by this reference. LESSOR: JRT Limited Partnership By: Printed Name: 3Lonhardtits STATE OF WYOMING ) ) ss COUNTY OF LARAMIE ) 1 3863177 Pages: 1 of 3 08/01/2012 02:31 PM R Fee:$21 00 Steve Moreno Clerk and Recorder, Weld County CO VIII h'i' K" ��I�h'hf�l'Iri1rL�1�1. 'L 4 L �,lf��'�Is1 U III 3863177 Pages: 2 of 3 - 08/01/2012 02:31 PM R Fee:$21.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■Ill'ill% �?� � I�VM.14 L I1,IrM'ii SS DD I Acknowledged before me this"Clay of filmy , 2011, on behalf of JRT Limited Partnership by Amy J ke...A% rd f as its Witness my hand and official seal. ELA"''TS- 'T ' •U3UG 1 My commission e r, •, ,141; >m.TE .; . 4 'U ` Notary Public My♦. .i�c. .. . e .11 LESSOR: Terry Crazing Association By 1-d ç w'- ,l Printed Name: 4n7jJ Lei' hay is Vp STATE OF WYOMING ) ) ss COUNTY OF LARAMIE ) Acknowledged before me this 5 day of 14 41 , 2011, on behalf of Terry Grazing Association by Air,y 3 6,enl .e. -/ as its 11i`ee Pres,dP,-f • Witness my hand and official seal. My commission ex. �. _ - -v PU3 cou'nY OF STATE OF Notary Pub C LARAMIE WYOMING My Commission Expires September 22,2011 2 esA 08/0112012 02:319P11 R Fee:$21 .00 tr Steve Moreno Clerk and Recorder Weld County, CO PA IC��r1��h��4�4� �GPI N+�L�I��Ali:Ri"l II II LESSEE: Connell R ourc , . By: Printed Name: Richard Connell, President STATE OF COLORADO ) ) ss COUNTY OF LARIMER ) Acknowledged before me this 24th day of May, 2011, on behalf of Richard Connell, President, Connell Resources, Inc. Witness my hand and official seal. O,RY.P��i n •' DANA My commission expires: �,cun4N• (A-e NotayPublic MY COMMISSION EXPIRES: August 13,2O11 • RECEIVED SEP P 2 6 2013 FIRST AMENDMENT TO SAND AND GRAVEL LEASE This First Amendment to Sand and Gravel Lease ("Amendment") is entered into effective September 16th, 2013 ("Effective Date") and amends the Sand and Gravel Lease ("Lease") for the Carr/Tucker Pit in Weld County, Colorado dated January 1,2011 between JRT Limited Partnership and Terry Grazing Association, P.O. Box 3170, Cheyenne, WY 82003, ("Lessor") and Connell Resources, Inc., a Colorado Corporation, 7785 Highland Meadows Parkway Suite 100, Fort Collins, CO 80528 ("Lessee"). 1. Tani of Lease. In Section 2,the term of the Ledse is amended to continue to January 1,2031. 2. Royalty Amounts. Section 3.1,is amended by adding the following language at the end: The royalty for all sand and gravel Material shall be changed beginning on the following dates to the following amounts: on January 1,2016: $1.03 per ton; on January 1,2021,$1.06 per ton; on January 1,2026:$1.09 per ton; on January 1,2031:$1.12 per tdn. 3. Minimum Tonnage Requirements. Section 3.3 of the Lease is amended so that: the minimum tonnage per year for each calendar year is reduced to 15,000 tons and Sections 3.3.1 and 3.3.2 are hereby deleted. 4. Permit Ownership and Management. Section 4 is hereby deleted and replaced with the following language: Lessee currently holds permits for a gravel mining operation on the Property. Lessee will be responsible for complying with all such permits and for paying ongoing premiums for the reclamation bond. 5. Real Property Taxes. Section 7.6 is amended by adding the following language at the end: except that the Lessee shall be responsible for and shall pay all real estate taxes assessed for earth or stone products produced from the Property during the term of the Lease. 6. DPW Game Area. New Section 7.11,"DPW Game Area.",is hereby added with the following language: The Lessor shall be responsible for renegotiating Lessor's current agreement with the Colorado Department of Parks and Wildlife("DPW")so that Section 21 of Lessor's Property is no longer included in the public access agreement with DPW. Lessor agrees to complete this revision to the DPW agreement prior to final approval of mining permits on Section 21 by the State of Colorado and by Weld County. 7. Termination. Section 8.3 is amended to:January 1,2031 and Section 8.5 is hereby deleted. 8. Inconsistency. In the event of any inconsistency between the terms of this Amendment and any other Lease terms, this Amendment shall control. 9. Continuing Effect. Except as amended by this Amendment,the Lease terms remain unchanged and in full force and effect. 10. Defined Terms. Except as otherwise defined in this Amendment,capitalized words and phrases are as defined in the Lease. [Signature pages follow.] 2 LESSOR: JRT Limited Partnership emu By: Odley 62/01 e/u 4r Printed ' Name: J LP_Y1hLrd f' its STATE OF WYOMING ) )ss COUNTY OF LARAMIE ) Acknowledged before me this A.day of .5Cipirjrr bei( , 2013, on behalf of JRT Limited Partnership by Am l.Ln hpx,j-1- as a d-ht,P,r Witness my hand and official seal. ^'w~� i�lwirrey►woowwuse-Nor�wr aueuc Daft d Bump a My commission expires: Wt L If O1(p WNW rb oenntwen faqirs aw.0.MI Notary Public LESSOR: Terry Grazing Associ&'6LflM&d± 'on By: 6bid Printed • Name: Anevjj Lenharc& iVice PeSiden-t- ts STATE OF WYOMING ) )ss COUNTY OF LARAMIE ) Acknowledged before me this .1q day of S -�C,fr►Ix�- , 2013, on D��'¢' Terry Grazing Association by I4m�1 LfnYVla�d,, as Lr4t12+' k_CE Witness my hand and official seal. ,,,,, . ,,,Magi aunty My commission expires: Jttflla $ r AU(Q Weft°' 0 % i eh Ome Halm acute Reofe Notary Public 3 LESSEE: Connell Resources,Inc. By: Printed Name: Richard Connell,President STATE OF COLORADO ) )ss COUNTY OF LARIMER ) Acknowledged before me thi: • .•:y• ein�ic r-� , 2013, by Richard Connell as President of Connell Reso ,: &GLAS• VV I ANDERSON?• Witness my hand and offi f' • M commissionexpires: MY COMMISSION EXPIRES; My w3,3015 Notary lic • • 4 Fidelity National Title Insurance Company COMMITMENT SCHEDULE A Commitment No: 580-F0466240-383-TOW 1. Effective Date: September 24,2013 at 7:00 A.M. 2. Policy or policies to be issued: Proposed Insured Policy Amount (a)None $0.00 Informational Commitment 3. The estate or interest in the land described or referred to in this Commitment is: A Fee Simple 4. Title to the estate or interest in the land is at the Effective Date vested in: Terry Grazing Association,a Colorado Nonprofit corporation 5. The land referred to in this Commitment is described as follows: See Attached Legal Description (for informational purposes only) Vacant land, Carr, CO PREMIUMS: Informational Commitment: $550.00 Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA A.MI members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land LAND TITLE AJJOGIAl'ION Title Association. 10/09/2013 1:41:32 PM Commitment No.: 580-F0466240-383-TOW Attached Legal Description All of Section 21, Township 11 North,Range 67 West of the 6t''Principal Meridian, EXCEPT that portion dedicated as public highway as described in Deed of Dedication recorded July 27,2001 at Reception No. 2869567, County of Weld, State of Colorado. Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA A.M members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land LAND TITLE 1.55..1.11101,1 Title Association. T Proof of Adequacy Review Response Delivery to Weld County Clerk to the Board earth SOLUTIONS Letter of Transmittal DATE: April 7, 2014 RECEIVED TO: Weld County Clerk to the Board .1150 O Street APR 0 7. 2014 Greeley, Colorado 80632 WELD COUNTY FROM.: Bill Schenderlein COMMISSIONERS Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970) 227-2803 WE TRANSMIT: THE FOLLOWING: FOR YOUR: ± ' Attached fl Originals use Oinformation Below ■ Copy of Letter n Approval OApplications ri Information Specifications n Review&Comment n Other Remarks: Submission of this material satisfies requirements of the Mine Land Reclamation Board Regular 112 Operation Reclamation Permit Application. The enclosed application material must remain for public review at least sixty (60) days after a decision on said application has been made the Office of Mined Land Reclamation (Rule 1.6.2 (2)). Confidential materials were purposely excluded. o One (1) copy of applicant responses to DRMS adequacy review letter dated March 12, 2014 for Connell Resources, Inc., Connell Carr Pit (M-2014-00.1), Construction Materials Regular 112 Operation Reclamation Permit Application. • Signed: VI Blue Earth Solutions, LAX • P.O. Box 2427 • Fort Collins;CO 80522 ♦ (970)227-2803 Hello