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HomeMy WebLinkAbout20141741.tiff DEPARTMENT OF PLANNING SERVICES 1555 N 17th Ave, Greeley, CO 80631 Phone (970)353-6100 x3540 Fax(970)304-6498 USE BY SPECIAL REVIEW (MINING OPERATION) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: To be completed by APPLICANT is accordance with procedural guide requirements: 1. I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed gravel (gravel, coal, borrow pit, etc.) mining operation for the following described unincorporated area of Weld County: Legal Description S1/2 N1/2 and SI/2 , Section 21 ,Township 111 North, Range 67 West Flood Plain: None Zone District: A , Total Acreage: 456.0 , Overlay District: none Geological Hazard: none ,Airport Overlay District: none 2. Surface owner(s)of area of land described Name: Terry Grazing Association Address: Cheyenne,WY Phone: 307-638-2234 Name: Address: Phone: 3. Owner(s)of mineral rights or substance to be mined Name: Terry Grazing Association Address: Cheyenne,WY Phone: 307-638-2234 Name: Etchepare, LLC Address: Cheyenne,WY Phone: 4. Applicant's name: Connell Resources, Inc. Email Address bconnell@connellresources.cor Address: 7785 Highland Meadows Parkway,#100 Ft Collins, CO 80528 Phone: 970-223-3151 5. Identify any prior permits for mining held by applicant or affiliated person: Tucker Pit SUP-411 (M-1980-002), I (We)hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included ind sting a signatory has to legal authority to sign for the corporation. Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date 14 can� nIELL CONNELL CARR PIT USE BY SPECIAL REVIEW PERMIT APPLICATION Connell Resources, Inc. is working to permit and develop sand and gravel mining operations in Weld County, Colorado. A pre-application review meeting for the project was held on October 31, 2013, for a Weld County Mining Operation Use by Special Review Permit. The following information is provided as part of the Use by Special Review Permit application materials. PROJECT INFORMATION ✓ Property Owner Terry Grazing Association (in association with JRT Limited Partnership) P.O. Box 3170 Cheyenne, Wyoming 82003 Parcel Number—020121 000002 ✓ Property Lessee and Operator Connell Resources, Inc. 7785 Highland Meadows Parkway, Suite 100 Fort Collins,Colorado 80528 ✓ Permitting and Engineering Consultant Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 SPECIAL REVIEW APPLICATION FORM ✓ Completed form attached. SPECIAL REVIEW PLAT MAP ✓ See attached Cover Sheet and Extraction Plan Map. DIGITAL COPY OF APPLICATION MATERIALS ✓ Digital copy of application materials is attached. QUESTIONNAIRE RESPONSE Mining Methods. No permanent structures will be constructed on-site as part of the mining operation. 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 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 Blue Earth Solutions,LLC • P.O.Box 2427 • Fort Collins, CO 80522 • (970)227-2803 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. During full mining and processing operations, approximately 5 to 6 employees will be on-site. Only one day-time shift is anticipated. Others using the site will include material haul truck drivers. As trucks enter the site, are loaded, and leave the site, the number on-site at any one time will likely not exceed 12 drivers. The site entrance is to be located on Weld County Road 126 (WCR 126). Depending on customer needs, material haul trucks entering WCR 126 will proceed west to Interstate Highway 25 or east to U.S.Highway 85. The sand and gravel deposit is located on benches adjacent to Lone Tree Creek and varies from 10 to 25 feet in depth. Soils are typically less than six inches thick on the site, but overburden thickness can range from less than six inches to over four feet. The creek, which bisects the property, is ephemeral, only flowing in response to major rain or snowtnelt events. Groundwater is not expected to be encountered during mining and the deposit will be dry mined. Although both the north and south side of the creek will be mined, non-disturbed offset areas will be established to protect the creek from mining disturbances. Mining will proceed by first stripping and stockpiling topsoils and overburden. 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 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. During mining and reclamation activities, watering trucks for dust control will be used as needed. 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. 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 11 (94 acres) will be mined from east to west. Mining of each phase is expected to take from 8 to 12 years, depending upon material demand. 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. Reclamation of the proposed permit area will create rangeland, which is the pre-mining land use. The experience of the ranching landowner and expertise from the Natural Resources Conservation Service, Colorado Division of Parks and Wildlife, and natural resource consultants will be utilized during site reclamation. Much of the pit, after mining, will contain a pit floor that gently drains 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. Connell Carr Pit blue earth Weld County USR Application Page 2 of 8 SOLUTIONS 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. Although pit side slopes will be backfilled and graded to 3H:1 V or shallower where possible, no slopes will be reclaimed any steeper than 2H: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. Weld County Comprehensive Plan. In Chapter 22 of the Weld County Code, Comprehensive Plan,agriculture goals and policies include: ✓ Goal 1. Respect and encourage the continuation of agricultural land uses and agricultural operations for purposes which enhance the economic health and sustainability of agriculture. Following temporary mining disturbances from the proposed Connell Carr Pit, the reclaimed land use will be returned to rangeland for the continuation of agricultural operations. ✓ Goal 2. Continue the commitment to viable agriculture in Weld County through mitigated protection of established (and potentially expanding) agricultural uses from other proposed new uses that would hinder the operations of the agricultural enterprises. The proposed operation will occur on land leased by a local ranching establishment that has adjacent lands in agricultural rangeland use. The reclaimed mining area will be re- incorporated into the usable rangeland of the ranch. I Goal 3. County land use regulations recognize and respect the rights afforded by the State Constitution and associated statutes of individually decreed water rights. Water rights are considered real property and should be protected as any other private property right. The proposed mining operation will not use or retain surface water and is not expected to encounter ground water. Therefore, the temporary operation will not negatively affect the surrounding hydrologic balance or established water rights. ✓ Goal 4. Promote a quality environment which is free of derelict vehicles, refuse, litter and other unsightly materials. The Connell Carr Pit will maintain an organized and well- kept mining operation. Only vehicles that are associated with employees or mining operations will be kept on-site. Designated areas and receptacles for refuse and litter will be used to properly store and dispose of waste materials. • Goal S. Provide for the minimum buildable lot size of parcels in the agricultural areas created without County approval to be in conformance with state statutes. No permanent structures or subdivided lots will be created by the proposed mining and reclamation activities. ✓ Goal 6. Provide mechanisms for the division of land in agricultural areas to support the continuation of agricultural production. No land divisions will be created by the proposed mining and reclamation activities. Connell Carr Pit blue earth Weld County USR Application Page 3 of 8 SOLUTIONS ✓ Goal 7. County land use regulations should protect the individual property owners right to request a land use change. The proposed Connell Carr Pit includes returning the land to the pre-mining land use,rangeland. No permanent land use change is proposed. ✓ Goal 8. Ensure that adequate services and facilities are currently available or reasonably obtainable to accommodate the requested new land use change for more intensive development. The proposed temporary mining and reclamation activities will not involve intensive development that requires additional county services or facilities. The mining operation will use portable sanitation facilities and bottled water to service the employees on-site. Adjacent county roads currently experience and handle aggregate material hauling from the existing Tucker Pit site. The proposed Connell Carr Pit does not propose adding to the haul traffic, but will extend the existing traffic after the Tucker Pit is no longer in operation. Drainage from the site will be managed under the Colorado Discharge Permitting System to ensure that best management practices minimize erosion and sediment transport from the site, protecting water resources and adjacent properties. All county, state, and federal rules and regulations will be followed and all public service providers will have opportunity to comment on the proposed activities V Goal 9. Reduce potential conflicts between varying land uses in the conversion of traditional agricultural lands to other land uses. The proposed mining operations are temporary. Mining and reclamation will strive to protect the general existing land contour characteristics, vegetation, and water courses. ✓ Goal Hi The County recognizes the right to farm. The proposed Connell Can Pit includes returning the land to the pre-mining land use, rangeland. Agricultural Zone District. In Chapter 23 of the Weld County Code, Zoning, open pit mining and materials processing and asphalt and concrete batch plants are allowed in the agricultural zone district by special review. The proposed Connell Carr Pit does not present a threat to the health, safety and general welfare of the present and future residents of the County. Location Decision. The proposed Connell Carr Pit site has been located in an area with confirmed, marketable aggregate resources. The proposed reclamation plan will conserve productive agricultural land in the agricultural zone district. Protection of County Residents. The proposed mining and reclamation activities contain adequate provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. Surrounding Land Uses. 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 Carr includes approximately 30 to 40 semi-rural residential home lots southeast of the site. Adjacent to the northwest corner of the proposed permit area is the permitting Tucker Pit (M-1980-002) and further southeast is a permitted aggregate mining property (M-1988-048) and railroad load-out yard. The rural nature of the area and the existing mining operations make the proposed mining operation and reclamation plan compatible with surrounding land uses. Existing Land Use. The proposed permit area currently consists of rangeland utilized by the owner's cattle and bison operations. Connell Carr Pit blue ea nth pa e 4 oC8 Weld County USR Application g SOLUTIONS Project Details. The Connell Carr Pit details include: ✓ People Using and Employed On-site. During full mining and processing operations, approximately 5 to 6 employees will be on-site. Only one day-time shift is anticipated. Others using the site will include material haul truck drivers. As trucks enter the site, are loaded, and leave the site, the number on-site at any one time will likely not exceed 12 drivers. ✓ Hours of Operation. It is anticipated that operations will be performed from 6:00 am to 7:00 pm Monday through Saturday. • Animals On-Site. No animals are to be kept on-site as part of the mining operation. However, current grazing operations may continue on the property during the proposed mining operation. ✓ Vehicles Accessing the Site. Mobile mining equipment including loaders, scrapers, and excavators will be used on-site. Additional vehicles will include employee passenger vehicles, company pickup trucks, and haul trucks. Access will occur Monday through Saturday as needed. ✓ Fire Protection. The proposed permit area is within the Nunn Fire Protection District. However, the major facilities on site are not constructed of flammable materials and the fire hazard is expected to be low. ✓ Water Source. Domestic water on-site will be provided by bottled water. ✓ Sewage Disposal. On-site sanitary disposal will be provided with portable toilet facilities. ✓ On-Site Storage. No on-site warehouse or storage is proposed. A vehicle maintenance building is proposed where limited amounts of fuel and lubricants may be stored along with vehicles needing repair. However, the building will not be used for general warehouse storage. ✓ Landscaping. No specific landscaping/screening plan is being proposed. The mining will primarily occur below grade, limiting the view of disturbed areas from adjacent properties. ✓ Schedule. It is anticipated that pre-mining activities will begin on the site during 2014. Mining and reclamation activities are expected to take place for 15 to 20 years. ✓ Reclamation Procedures. Reclamation of the proposed permit area will create rangeland, which is the pre-mining land use. 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. Although pit side slopes will be backfilled and graded to 3H:1 V or shallower where possible, no slopes will be reclaimed any steeper than 2H:1V. Grading of pit side slopes and the pit bottom will attempt to adhere to the surrounding natural topography and drainage patterns. 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. Connell Carr Pit Clue earth Weld County USR Application Page 5 of 8 SOLUTIONS 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. ✓ Storm Water. During mining, storm water runoff from disturbed areas will generally be contained within the mine pit. Runoff from the site will be controlled with best management practices to limit erosion and sediment transport and directed to the Lone Tree Creek drainage. Much of the pit, after mining, will contain a pit floor that gently drains 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. Shallower slopes created during reclamation will aid in establishing vegetation growth and minimize erosion. ✓ Waste Removal. Debris, junk, and other wastes associated with the proposed mining activities will be removed from the site as needed, but will not remain after reclamation is complete. ✓ Need for Proposed Use. The operation of the existing Tucker Pit has verified a market for construction aggregate materials in this region of northern Colorado. ✓ Overlay Districts. The proposed permit area is not located in a flood plain, geologic hazard,or Weld County Airport overlay district area. WELD COUNTY ROAD ACCESS PERMIT APPLICATION FORM ✓ Permit application form and$150.00 application fee check are attached. EVIDENCE OF WATER SUPPLY ✓ Bottled water will be used on-site. Water used for dust control will be trucked to the site from elsewhere. EVIDENCE OF SEWAGE DISPOSAL ✓ On-site sanitary disposal will be provided with portable toilet facilities. DEED OR LEGAL INSTRUMENT ✓ Mining lease between Terry Grazing Association and Connell Resources, Inc. is attached. CERTIFICATE OF CONVEYANCES ✓ Certificate of Conveyances is attached. NOISE REPORT ✓ A noise report was not specifically requested. LEGAL RIGHT TO ENTER ✓ The property title commitment is attached. Connell Carr Pit earth Weld County USR Application + I I Page 6 of 8 SOLUTIONS COPY OF DRMS PERMIT ✓ Copy of the Division of Reclamation, Mining and Safety Regular 112 Permit application is attached. OIL AND GAS AGREEMENTS ✓ Mineral rights are owned by the property owner. DITCH/IRRIGATION AGREEMENT ✓ Not Applicable. PROPERTY OWNERS WITHIN 500 FEET ✓ A certified list of property owners within 500 feet of the proposed permit boundary is attached. NOTICE OF INQUIRY ✓ Not Applicable. APPLICATION FEE ✓ Application fee check for$15,400 is attached. INVESTIGATION FEE ✓ Not Applicable. TRAFFIC STUDY A detailed traffic study and report was not prepared for mining operations at the proposed Connell Carr Pit. To qualitatively assess potential traffic impacts, haul truck volumes and anticipated operations were estimated for off-site product hauling. The truck volumes were based on anticipated product demand and past operation of the existing Tucker Pit. With mining operations lasting from 15 to 20 years, it is difficult to estimate specific truck trips per day, week, or even year. Truck traffic intensity will likely increase or decrease based on economic factors, specific product demand,and other available sources of aggregate. For aggregate hauling, 25-ton end-dump tractor/trailer trucks are most commonly used. These trucks haul approximately 15 cubic yards per load. It is anticipated that haul truck trips (out and back) will range from none to up to 80 truck trips per day. However, truck trips near the range maximum are only expected to occur sporadically and the average number of truck trips will be close to 10 per day. The area of WCR 126 near the site is a paved two-lane semi-rural road. The road connects Interstate Highway 25 to the west with U.S. Highway 85 to the east. The number of trucks traveling east or west from the site will be based on customer location and product need. The site entrance has been located to provide unobstructed site lines both east and west along WCR 126. In addition to cattle guards near the WCR 126 paved shoulder, the site access road will be maintained with gravel, road base, or asphalt to the scale house to minimize tracking mud Connell Carr Pit U e earth Weld County USR Application V'� Page 7 of 8 SOLUTIONS and dust onto the County road. Additionally, turning radiuses and sight distances at the site entrance will be maximized to increase efficient and safe access. A stop sign will be placed along the access road at WCR 126. WASTE HANDLING PLAN No toxic or hazardous waste materials will be produced during mining. Nonmarketable overburden material will be used during site reclamation and is not considered a waste material. Appropriate covered receptacles will be used to collect general non-hazardous trash. Receptacles will be emptied and the trash will be taken to the landfill as needed. Potentially hazardous waste materials from equipment maintenance, such as fuels and lubricants, will be collected in appropriate sealed containers and stored according to best management practices until disposed or recycled according to federal, state, and local laws. DUST ABATEMENT PLAN Water will be used on all internal travel areas for dust control. Water will be applied as needed to wet internal haul roads and other disturbed areas to prevent excessive dust generation from mining and reclamation activities. Operations will be curtailed during high wind periods when watering alone cannot control dust from being blown to adjacent properties. FLOOD HAZARD DEVELOPMENT PERMIT ✓ Not Applicable. GEOLOGIC_HAZARD DEVELOPMENT PERMIT ✓ Not Applicable. SPECIAL REVIEW PLAT RECORDING FEE ✓ Not included at this time. Connell Carr Pit Weld County USR Application Elue eart Page 8 of 8 SOLUTIONS 0 y� Weld County Public Works Dept. .s -� 1111 H Street ACCESS PERMIT ,o, co P.O. Box 758 le w * Greeley, CO 80632 APPLICATION FORM 1/C wr Phone: (970)304-6496 Fax: (970)304-6497 Applicant Property Owner(If different than Applicant) Name Richard Connell Name Terry Grazing Association Company Connell Resources, Inc. Address P.O. Box 3170 Address 7785 Highland Meadows Parkway, Suite 100 City Cheyenne State WY Zip 82003 City Fort Collins State CO Zip 80528 Phone 307-638-2234 Business Phone (970)223-3151 Fax Fax (970)223-3191 E-mail E-mail bconnell@connellresources.com ♦= Existing Access A= Proposed Access Parcel Location &Sketch The access is on WCR 126 Nearest Intersection:WCR 126 &WCR 17 WCR Distance from Intersection 4,340 feet Parcel Number 020121000002 ti Section/Township/Range Section 21,T11N, R67W V v Is there an existing access to the property?lYES NO❑ N 3 Number of Existing Accesses 1 WCR 7 Road Surface Type&Construction Information Asphalt ❑ Gravel ❑ Treated CI Other WCR 126 WCR d t Culvert Size &Type 12"CMP Materials used to construct Access cattle guards Construction Start Date 3/2014 Finish Date4/2014 Proposed Use °Temporary(Tracking Pad Required)/$75 ()Single Residential/$75 Q Industrial/$150 ()Small Commercial or Oil &Gas/$75 °Large Commercial/$150 OSubdivision/$150 ()Field (Agriculture Only)/Exempt Is this access associated with a Planning Process? ONo OUSR ORE OPUD ()Other Required Attached Documents -Traffic Control Plan -Certificate of insurance -Access Pictures (From the Left, Right, &into the access) By accepting this permit,the undersigned Applicant, under penalty of perjury,verifies that they have received all pages of the permit application;they have read and understand all of the permit requirements and provisions set forth on all pages;that they have the authority to sign for and bind the Applicant, if the Applicant is a corporation or other entity;and that by virtue of their signature the Applicant is bound by and agrees to comply with all said permit requirements and provisions,all Weld County ordinances,and state laws regarding faci' ' s construction. / Signatur Printed Name K/��.c.01a,.d .....a I/ Date /e?-/l-/3 Approval or Denial will be issued in minimum of 5 days. Approved by Revised Date 6/29/10 4 View east along Weld County Road 126 from site access location �r- allrallMMVP. l S 7T littrit View west along Weld County Road 126 from site access location Connell Carr Pit . Weld County Road Access Permit Application t`4.- IUE' earth SOLUTIONS ir'"' r.r .• ...., r'' • • FM ' i eft t ' ! • View into site from Weld County Road 126 '141• • .d' ..'."4"2". te ..:Jr:r •"". K,: I `t4 •� •s "4'r AMIEnor rmum, .� View into site from Weld county Road 126 Connell Can Pit ` Weld County Road Access Permit Application (6_ UL eat �I 3 SOLUTIONS STATE OF COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources 1313 Sherman St.,Room 215 C O L D RA D O Denver,Colorado 80203CONSTRUCTION MATERIALS DIVISION OF Phone:(303)866-3567 RECLAMATION FAX:(303)832-8106 REGULAR(112)OPERATION MINING RECLAMATION PERMIT APPLICATION FORM SAFETY Bill Ritter,Jr. Governor CHECK ONE: ❑ There is a File Number Already Assigned to this Operation Harris D.Sherman P u M - - (Please reference the file number currently assigned to this operations ecutive Director rill New Application(Rule 1.4.5) f_.Amendment Application(Rule 1.10) RDivisiononald w.Director Cattany 17 Conversion 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 I,any sections of Exhibit 6.5(Geotechnical Stability Exhibit;and(3)the application fee. When you submit your application, be sure to include one(1) complete signed and notarized ORIGINAL and one (1) copy of the completed application form,two(2)copies of Exhibits A-S,Addendum 1,appropriate sections of 6.5(Geotechnical Stability Exhibit,and a check for the application fee described under Section(4)below. Exhibits should NOT be bound or in a 3-ring binder;maps should be folded to 8 1/2"X II"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): Connell Resources, Inc. 1.1 Type of organization(corporation,partnership,etc.): Corporation 2. Operation name(pit,mine or site name): Connell Carr Pit 456.0 3. Permitted acreage(new or existing site): permitted acres 0 3.1 Change in acreage(+) acres 456.0 3.2 Total acreage in Permit area acres 4. Fees: 4.1 New Application $2,696.00 application fee 4.2 New Quarry Application $3,342.00 quarry application 4.4 Amendment Fee $2,229.00 amendment fee 4.5 Conversion to 112 operation(set by statute) $2,696.00 conversion fee 5. Primary commoditie(s)to be mined: sand gravel 5.1 Incidental commoditie(s)to be mined: l. n/a - lbs/Tons/yr 2. / lbs/Tons/vr 3. / lbs/Tons/vr 4. / lbs/Tons/vr 5. / lbs/Tons/vr 5.2 Anticipated end use of primary commoditie(s)to be mined: Construction Materials 5.3 Anticipated end use of incidental commoditie(s)to be mined: 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 O". 7. Name of owner of surface of affected land: Terry Grazing Association 8. Type of mining operation: lid Surface L I Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN(check one): rl 6th(Colorado) P__.� 10th(New Mexico) I .I Ute SECTION(write number): S 21 TOWNSHIP(write number and check direction): T 1 1 ✓ North South RANGE(write number and check direction): R 67, [ East El West QUARTER SECTION(check one): DNA - sw QUARTER/QUARTER SECTION(check one): ✓ NE NW LI 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 min 53 sec 58 00 (2 decimal places) Longitude(W): deg 104 min 53 sec 32 40 (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 - • 1 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: ( )- 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 )_ 223-3151 Fax Number: t 970 .1_ 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. Primar future(Post-mininel land use(check one2: Cropland(CR) E Pastureland(PL) General Agriculture(GA) 2 Rangeland(RL) II Forestry(FR) Wildlife Habitat(WL) flResidential(RS) ri Recreation(RC) Industrial/Commercial(IC) ElDeveloped Water Resources(WR) Solid Waste Disposal(WD) 13. Primary present land use check one : DCropland(CR) Pastureland(PL) Genera! Agriculture(GA) 171 Rangeland(RL) Forestry(FR) Wildlife Habitat(WL) Residential(RS) Recreation(RC) Industrial/Commerciat(1C) .....„ _ 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: 0 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 I,and the Geotechnical Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of reference. If separate documents are used as appendices,please reference these by name in the exhibit. With each of the two (2) signed application forms,you must submit a corresponding set of the maps and exhibits as described in the following references to Rule 6.4,6.5,and 1.6.2(l)(b): EXHIBIT A 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 I -Notice Requirements(sample enclosed) Rule 6.5 Geotechnical Stability Exhibit(any required sections) The instructions for preparing Exhibits A-S,Addendum 1,and Geotechnicat Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule 1.6.2(l)(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. v I. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; -6- 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; 1- -- 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary,substantial civil penalties, to you as permittee can result; 04/ 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; _2__.to 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. /i 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. ,j}, 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. Ol 10. For joint venture/partnership operators: the signing representative is authorized to sign this document and a power of attorney(provided by the partner(s)) authorizing the signature of the representative is attached to this application. - 7 - NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions,changes,and deletions to this document prior to final decision by the Office. Therefore, if you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document. The Office is not allowed to consider comments,unless they are written,and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process,you may contact the Office at(303)866-3567. -8 - Certification: As an authorized representative of the applicant, 1 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 34-32.5-1 15(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,1 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 Land Reclamation Board pursuant to section 34-32.5-112,O R.S.,of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any permit issued on the altered or modified form and subject the operator to cease`a4$W4sisf orders and civil penalties for operating without a permit pursuant to section 34-32.5-123, C.R.S. ��0 aO Vq i Signed and dated this //'A day of Q«e•-• 1 Z :0 • ic, : Connell Resources, Inc . : Z ; Iilirorpo tiotr't\tteZ(Seal) Applicant/Operator or Company Name ;Q t?.•.. SSl�'' O0 . Si ne `— '''I COI PHicti,`` • . �' t,lKll.4 !a Corporate Secretary or Equivalent Title: President Town/City/County Clerk State of C..-c_> `o roc ) )ss. County of ._c "----e� ) 4-AnThe foregoing instrument was acknowledged before me this 11 day of 'D 2-[r¢.rv-.\-4¢,1-- . 201 , by (7 c\—tr,.-c� Co r,v-...a..t\ as '•P rt.s..cS....o.-,- of Co,1v-j .\\ C.?-LS 0t✓-cC1— , kr`C �'+ AMBER C.JY PUBLIC EN Notary Public V NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134034207 My Commission expires: 5 3 1 My Commission Expires May 30,2017 4 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 EXHIBIT A Legal Description The proposed permit area is a tract of land located approximately 1/2 mile northwest of the community of Carr in Weld County, Colorado. The proposed permit area includes 456.0 acres. According to the Weld County Assessor's Office, the permit area parcel is owned by Terry Grazing Association. Quarter, quarter section description of the proposed permit area: SW'/4, SE'/4, S'/2NWI/4, and S'/2NE`/4 in Section 21, Township 11 North, Range 67 West of the Sixth Principal Meridian, Weld County, State of Colorado. Latitude/Longitude of main entrance: 40° 53' 58.1"N 104° 53' 26.0" W Description of proposed permit boundary: A parcel of land being a portion of Section Twenty-one (21), Township Eleven North (T.11N.), Range Sixty-seven West (R.67W.) of the Sixth Principal Meridian (6t P.M.), County of Weld, State of Colorado and being more particularly described as follows: BEGINNING at the Southwest corner of said Section 21 and assuming the North line of said Section 21 as bearing North 88°28'28"East being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983/2007, a distance of 5293.92 feet with all other bearings contained herein relative thereto; THENCE North 00°13'23"West along the West line of the Southwest Quarter(SWI/4)of said Section 21a distance of 2637.30 feet to the West Quarter corner of said Section 21; THENCE North 00°20'54" West along the West line of the Northwest Quarter(NW1/4)of said Section 21a distance of 1431.03 feet; THENCE South 83°56'42"East a distance of 5319.00 feet to the East line of said Section 21; THENCE South 00°08'20"East along said East line a distance of 3451.95 feet to the Southeast corner of said Section 21; THENCE South 89°23'55" West along the South line of the Southeast Quarter(SE1/4)of said Section 21a distance of 2639.49 feet to the South Quarter corner of said Section 21; THENCE South 89°24'05" West along the South line of the Southwest Quarter(SW1/4)of said Section 21a distance of 2639.53 feet to the POINT OF BEGINNING. Said described parcel of land contains 456.0 acres, more or less (+/-), and may be subject to any rights-of-way or other easements of record or as now existing on said described parcel of land. Connell Carr Pit DRMS 112 Permit Application Page 2 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 Carr 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. Permit 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 Page 4 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 Page 5 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. 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 less than one inch to six 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 Carr 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, backfilling 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 DR11LS 112 Permit Application Page 6 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. 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 '/zH:IV 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 will be 25 feet or greater. In the northern portions of the proposed permit area (Phase II), where the pit depth will likely be its greatest, setbacks from the excavation to the permit boundary may be as much as 50 feet. Towards the southern end of the Connell Carr Pit DRMS 112 Permit Application Page 7 mining operation, however,the pit will become shallower and side slopes will steadily decrease in height, reducing potential setback distances to 25 feet. For setbacks adjacent to a man-made structure not owned by the applicant that are less than 25 feet, an agreement will obtained from the property owner or an engineering slope stability analysis will be performed. Setbacks from near vertical mining excavations to the permit boundary will be a minimum of twice the adjacent pit depth to mitigate stability risks. 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 2H: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 2H: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 Mixture Rate Grass Species Obs PLS/acre) Intermediate Wheatgrass 5.0 Blue Grama 1.0 White Sweetclover 1.25 Rates are for broadcast seeding. Connell Carr Pit DRAWLS 112 Permit Application Page 8 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 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 2H:1V 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 Disturbed Mining Operation Aspect Area (acres) 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: B 1. Pit side slopes backfilled to 2H:IV. 25.8 2. Partially reclaimed pit floor. Miscellaneous Disturbed Areas: 1. Scale house and maintenance building area. 2.0 2. Internal haul roads. 3. Main site access road. Final Reclamation: D 1. Seeding. NA 2. Re-seeding Total Disturbed Area 41.6 Diversions and Impoundments 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 Connell Carr Pit DRIVE 112 Permit Application Page 9 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 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 Can 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 DRIVE 112 Permit Application Page 10 EXHIBIT E Reclamation Plan This plan covers the proposed Connell Carr 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. Although pit side slopes will be backfilled and graded to 3H:1V or shallower where possible, no slopes will be reclaimed any steeper than 2H:1V. 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 DRIVE 112 Permit Application Page I I Materials Handling-Baclfllling 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 2H:1 V (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 2H:1 V 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. Connell Carr Pit DRMS 112 Permit Application Page 12 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 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 mid-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. Fertilizer may be applied to re-soiled areas in a manner that will encourage emergence and survival of the grasses without encouraging competition from weeds. Starter fertilizer could be Connell Carr Pit DRMS 112 Permit Application Page 13 applied before, or at the time of, seeding. If necessary, full fertilization will be applied after emergence. However, any fertilization done following seeding should be done using a method that does not cause large scale disturbance of the surface. Fertilizer mixtures will be based upon soil tests made on samples taken from re-soiled areas prior to seeding. The seed mixture for the proposed permit area is the same as for the current permitted Tucker Pit (M-1980-002) site and is listed below. Revegetation Seed Mix Rate Species (lbs PLS/acre) Blue Grama 1.0 Buffalo Grass 3.0 Sideoats Grama 5.0 TOTAL 9.0 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, Connell Carr Pit DRMS 112 Permit Application Page 14 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. 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 stilt 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. Connell Carr Pit DRIVES 112 Permit Application Page 15 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 Page 16 EXHIBIT G Water Information The proposed permit area is located in Section 21,Township 11 North,Range 67 West of the 6th Principal Meridian,Weld County,Colorado. The proposed permit area includes 456.0 acres. Introduction Lone Tree Creek, an ephemeral drainage system, bisects the northern portion of the proposed permit area from northwest to southeast. There are no other surface water resources near the site (see Exhibit C-4, Water Resource Map). 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 very steep and rapid transitions to uplands. Several shallow swales and head-cut erosion gullies drain to Lone Tree Creek within the proposed permit area, but no apparent defined channels or wetlands exist within these swales and gullies. Groundwater wells for domestic purposes are within 600 feet of the proposed permit area (see Exhibit C-4, Water Resource Map). However,the proposed mining operation does not anticipate encountering groundwater and no impacts to the surrounding groundwater hydrology are expected. Potential Mining and Reclamation Impacts The proposed mining operation will have no affect on site water resources. Water is primarily used for dust control and is trucked from off-site sources. Water use for washing of product materials is not anticipated. As discussed in previous sections, it is not expected to encounter groundwater during mining and stormwater will not be retained in the active mine pit or in the reclaimed pit area. Water Quality Mining and reclamation operations shall comply with Colorado Department of Public Health and Environment Colorado Discharge Permitting System (CDPS) for stormwater management. A permit will be obtained that includes the continued updating and implementation of a site Stormwater Management Plan designed to prevent the contact and transport of potential contaminants to surface waters by stormwater flows. Due to the absence of large quantities of potential pollutants on site, the mining and reclamation operations will not affect groundwater quality on or off the site. As stated above, mining and reclamation activities shall operate under a CDPS permit and Stormwater Management Plan. The plan provides for regular inspections of potential contaminant areas such as mobile equipment and fuel or lubricant storage locations. Inspections and best management practices are incorporated into the plan to protect both surface and groundwater quality. Connell Carr Pit DBMS 112 Permit Application Page 18 EXHIBIT H Wildlife Information To evaluate potential wildlife habitat impacts from the proposed operation, information was gathered from the Natural Diversity Information Source (NDIS) as well as publications associated with the Pawnee National Grasslands to the east of the site. The NDIS combines plant and animal abundance data from the Colorado Division of Wildlife (CDOW) and other Colorado natural resource agencies to be used for land-use analyses and decisions. The proposed permit area is managed rangeland with mining activities on adjacent properties. The site primarily contains upland rangeland with isolated areas of water, riparian, and wetland habitats. Upland areas consist primarily of native and introduced grasses while isolated stands of cottonwood and other riparian and wetland vegetation are found along Lone Tree Creek. There are no known federally threatened, endangered, or candidate species within the proposed site boundary. Federally threatened, endangered, or candidate species that could potentially be found in Weld County or that could potentially be affected by projects in Weld County include the Preble's meadow jumping mouse, interior least tern,Mexican piping plover, whooping crane, pallid sturgeon, Colorado butterfly plant, Ute ladies'-tresses orchid, and the western prairie fringed orchid. None of these species have been observed or documented within the proposed site boundary. Colorado state threatened, endangered, and species of•concern that could potentially be found in Weld County or that could potentially be affected by projects in Weld County include the black- tailed prairie dog, Northern river otter, swift fox, American peregrine falcon, bald eagle, ferruginous hawk, greater sandhill crane, long-billed curlew, mountain plover, Western burrowing owl, Western snowy plover, plains minnow, suckermouth minnow, brassy minnow, common shiner, Iowa darter, stonecat, common garter snake, and Northern leopard frog. For many of these species,potentially suitable habitat does not exist within the proposed amendment area. Potentially suitable habitat does exist within the proposed amendment area for mammal and bird species such as, the black-tailed prairie dog, swift fox, mountain plover, and Western burrowing owl. Black-tailed prairie dogs and their burrows have been observed on the proposed site. No potential raptor nests were found in or near the project area. The Lone Tree Creek drainage within the proposed permit area could provide potential habitat for the common garter snake. Many birds may use habitats similar to those found at the proposed amendment area, either year- round, seasonally for nesting, or temporarily for roosting during migration. Some of the common or abundant species could include robins, orioles,starlings,swallows, magpies,wrens, longspurs, lark bunting, doves, kingbirds, and blackbirds. Because of the lack of open water habitat within and near the proposed permit area, shore birds and waterfowl are not likely to be present. It could be expected that most mammals common or abundant in Weld County would not be found near or within the proposed permit area. Smaller mammals that might be found at the Connell Carr Pit DRMS 112 Permit Application Page 19 proposed project site might include mice, voles, gophers, rabbits, raccoons, and skunks. Some of the larger mammals could include both mule and white tailed deer, antelope,coyote,and fox. The mining and reclamation activities may disturb some of the wildlife within the proposed permit area and adjacent area. However, the activities will be confined to specific areas and total disturbance at one time will be limited. Impacts to wildlife following reclamation will be minimal. After removal of the gravels and the creation of a basin within the mine pit,wildlife habitat could be better on the bottom of the pit where vegetation growth may be more abundant. Grading of the mine pit into the Lone Tree Creek drainage may also improve the creek's connection with the surrounding flood area, potentially creating better vegetation growth conditions and an increase in wildlife utilization. However, water availability will still be limiting. The Lone Tree Creek drainage will likely still be the primary wildlife habitat in the area. Connell Carr Pit DRMS 112 Permit Application Page 20 EXHIBIT J Vegetation Information Vegetation information was gathered from the Soil Survey of Weld County, Colorado, Northern Part (United States Department of Agriculture, Soil Conservation Service), and Vascular Plant Species of the Pawnee National Grasslands (United States Department of Agriculture, Forest Service,General Technical Report RMRS-GTR-17). Disturbance to vegetation within the proposed permit area is limited to previous grazing by the owner's bison and cattle herds. Upon completion of mining activities, reclamation will seed disturbed areas with a mixture of native grass species. The vegetation in northeastern Colorado is generally classified as a shortgrass prairie ecoregion. The shortgrass prairie has traditionally been separated from other grassland in the Great Plains area on the basis of the relative height of the dominant grasses. This view is no longer held by ecologists. Besides the low rainfall and dominance of short grasses, one of the better means to distinguish between the shortgrass and the midgrass or tall grass prairies is that in the shortgrass region all of the available soil moisture is transpired before the end of the growing season. In general, less than 50 percent of the ground in shortgrass regions is covered by vegetation. This is an important aspect of the proposed permit area for maximizing and determining reclamation success. Most of the uplands are sparsely covered with prairie grasses such as Blue Grama, Buffalo Grass, Western Wheatgrass, and Prairie Sandreed. The height of some grasses may reach 12 inches during periods of maximum growth, but most stands of grass do not reach that height. Within the Lone Tree Creek drainage, a few patches of trees dot the drainage bottom, including cottonwoods and shrubs in deeper, more protected areas of the drainage. Along the creek bottom, low growing sedges and rushes grow intermixed with thicker growth of Blue Grama grass. Connell Carr Pit DRMS 112 Permit Application Page 22 EXHIBIT K Climate The proposed permit area exhibits a semi-arid climate typical of the High Plains region. The region is characterized by low humidity, low average precipitation, and a high percentage of sunshine. A large amount of the precipitation which occurs falls during short duration, high intensity summer thunderstorm activity. Climate information was available from the Western Regional Climate Center in Fort Collins, Colorado and Cheyenne, Wyoming. Fort Collins is about 40 miles south-southwest of the proposed site and Cheyenne is approximately 16 miles north-northeast of the proposed permit area. The climate data collected from 1893 through 2013 and 1915 through 2013 for Fort Collins and Cheyenne, respectively, indicates the total annual precipitation at the site to be approximately 15.1 inches per year. Monthly average temperature and precipitation data for the periods of record are provided in the following tables. FORT COLLINS, COLORADO Average Monthly Temperature(°F) Average Monthly Precipitation Maximum Minimum January 41.4 13.7 0.36 February 44.2 17.1 0.48 March 51.2 24.0 1.18 April 60.6 33.0 1.97 May 69.1 42.1 2.74 June 79.3 50.4 1.83 July 85.2 56.0 1.62 August 83.5 54.2 1.42 September 75.4 45.1 1.27 October 64.2 34.2 1.13 November 51.1 23.1 0.59 December 42.5 15.5 0.49 Mean/Total 62.3 34.0 15.08 Connell Carr Pit DR1WS 112 Permit Application Page 23 CHEYENNE,WYOMING Average Monthly Average Monthly Temperature(°F) Precipitation Maximum Minimum January 37.8 15.7 0.42 February 40.1 17.5 0.52 March 45.0 22.1 1.05 April 53.9 29.9 1.75 May 63.8 39.1 2.38 June 74.8 48.1 2.06 July 82.7 54.7 2.07 August 80.6 53.1 1.64 September 71.6 43.9 1.26 October 59.7 33.7 0.94 November 46.5 23.7 0.61 December 39.4 17.6 0.47 Mean/Total 58.0 33.3 15.17 Connell Carr Pit DRABS 112 Permit Application Page 24 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 2H:lV 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 41.6 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 2H:1V (0.8 acres) and 25 acres of pit floor wilt 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 ARMS 112 Permit 1pplication Page 25 Aspect 1 Reclamation Operation Quantity Units I Unit Cost($) I Cost($) Active Mining Area A la Backfill active mine face to 2H:1V slopes 8,350 CY $1.05 $8,768 [0.5(1,000'x 15'x30')] ' lb Backfill two un-reclaimed pit side slopes to` 8,350 CY $1.05 $8,768 2H:IV 2[0.5(500'x 15'x3011 lc Rough grade backfilled slopes 16,700 CY $0.50 $8,350 Id Place growth medium on backfilled side 2,480 CY $1.05 $2,604 slopes 2(1,000'x33.5'x1.0') le Final grade backfilled side slopes 2,480 CY $0.50 $1,240 Place growth meduim on 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 2H:1V and pit floor (25 acres)previously covered with 0.5-foot growth medium lb Till all areas in Aspect B 26 Ac $25 $645 B 2 Place growth medium on pit side slopes 1,240 CY $1.05 $1,302 (1,0001x 33.5'x1.0') B 3 Final grade all areas in Aspect B 21,410 CY $0.50 $10,705 Miscellaneous Disturbed 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 l c Place growth medium on 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 41.6 Ac $675 $28,080 Aspects A,B,and C lb Re-seed 20%of all areas in Aspects A,B, 8.3 Ac $675 $5,616 and C Total Reclamation Costs $95,890 Contractor Mobilization/Demobilization Costs (8%) 0.08 $7,671 Overhead(18.5%) 0.185 $17,740 Administration (5%) 0.05 $4,794 Total Proposed Financial Warrenty $126,095 Disturbed Acreage 41.6 Financial Warrenty per Acre $3,031 Connell Carr Pit DRMS 112 Permit Application Page 26 EXHIBIT M Other Permits and Licenses • Weld County Use by Special Review Permit — A Weld County Use by Special Review permit application is being submitted concurrently. The Use by Special Review permit will be obtained prior to operations • APEN, Colorado Department of Public Health and Environment Air Pollution Emission Notification Permit—Permits will be obtained prior to operations. • CDPS, Colorado Department of Public Health and Environment Colorado Discharge Permit System Permit—Permits will be obtained prior to operations. • Weld County Road Access Permit — Permit will be obtained prior to transporting material onto Weld County roads. Connell Carr Pit DRMS 112 Permit Application Page 27 .ECEIVED MAY 27 /J►. 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 1 1, 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: I r,,,,(,,,,,,,�,f.� Printed Name: V 11/ .C d,its / J717Zit STATE OF WYOMING ) ) ss COUNTY OF L.AR.AMIE ) 1 (blue earth SOLUTIONS Letter of Transmittal DATE: January 6, 2014 TO: Weld County Board of County Commissioners RECEIVED 1150 O Street Greeley, CO 80632 JAN - 6 2014 FROM: Bill Schenderlein WELD COMMISSIONERS 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 ■ Copy of Letter ❑ Approval ❑ Applications ❑ Information ❑ Specifications ❑ Review& Comment ❑ Other Remarks: The enclosed material is provided to fulfill the requirements of the attached Colorado Mined Land Reclamation Permit application. • One (1) copy of DRMS submittal form and DRMS 112 Application including Exhibits A and B. Signed: '/wJ Blue Earth Solutions,LLC ♦ P.O.Box 2427 ♦ Fort Collins,CO 80522 • (970)227-2803 NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF COUNTY COMMISSIONERS Weld COUNTY Connell Resources, Inc. (the "Applicant/Operator") has applied for a Regular (112) reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials operations in Weld County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Reclamation, Mining, and Safety(the "Division") and the local county clerk or recorder. The applicant/operator proposes to reclaim the affected land to rangeland use. Pursuant to Section 34-32.5- 116(4)(m), C.R.S., the Board may confer with the local Board of County Commissioners before approving of the post-mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the application within twenty (20) days of the date of last publication of notice pursuant to Section 34-32-112 (10), C.R.S. If you would like to discuss the proposed post-mining land use, or any other issue regarding this application, please contact the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567. NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice of change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate description of the change. • (blu_o eon±h SOLUTIONS Letter of Transmittal DATE: January 6, 2014 TO: West Greeley Conservation District 4302 W. 9th Street Road Greeley,Colorado 80634 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 n Information Below ■ Copy of Letter El Approval nApplications n Information nSpecifications n Review& Comment n Other Remarks: The enclosed material is provided to fulfill the requirements of the attached Colorado Mined Land Reclamation Permit application. • One (1) copy of DRMS submittal form and DRMS 112 Application including Exhibits A and B. /j//, Signed: MwtAVI-- 1,1aid 2,v Blue Earth Solutions, LLC • P.O. Box 2427 ♦ Fort Collins,CO 80522 • (970)227-2803 NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF SUPERVISORS OF THE LOCAL SOIL CONSERVATION DISTRICT WEST GREELEY CONSERVATION DISTRICT Connell Resources, Inc. (the "Applicant/Operator") has applied for a Regular (112) reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials operations in Weld County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Reclamation, Mining, and Safety (the "Division") and the local county clerk or recorder. The applicant/operator proposes to reclaim the affected land to rangeland use. Pursuant to Section 34-32.5- 116(4)(m), C.R.S., the Board may confer with the local Conservation Districts before approving of the post- mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the application within twenty (20) days of the date of last publication of notice pursuant to Section 34-32-112 (10), C.R.S. If you would like to discuss the proposed post-mining land use, or any other issue regarding this application, please contact the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567. NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice of change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate description of the change. (blue earth SOLUTIONS Letter of Transmittal DATE: January 6,2014 TO: Weld County Clerk to the Board RECEIVED 1150 O Street Greeley,Colorado 80632 JAN - 6 2014 FROM: Bill Schenderlein WELD COUNTY Blue Earth Solutions,LLC COMSS!®HERS P.O. Box 2427 Fort Collins, Colorado 80522 (970) 227-2803 WE TRANSMIT: THE FOLLOWING: FOR YOUR: Attached n Originals ■ Use nInformation Below ■ Copy of Letter n Approval n Applications n Information nSpecifications 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. • One (1) copy of DRMS Construction Materials Regular 112 Operation Reclamation Permit Application—Connell Carr Pit—Connell Resources, Inc. Signed: Blue Earth Solutions,LLC ♦ P.O.Box 2427 ♦ Fort Collins,CO 80522 ♦ (970)227-2803 EXHIBIT S Permanent Man-Made Structures within 200 Feet of the Affected Land The applicant, Connell Resources, Inc., believes that the mining operation, as proposed, will not adversely affect any of the permanent, man-made structures located within 200 feet of the affected area. Mining highwalls will remain at least twice the pit depth from the proposed permit boundary and ground beyond the permit boundary will remain stable. Since all mining and reclamation activities will be performed within the permit boundary, no impacts to man-made structures outside the permit boundary are anticipated. A list of observed and recorded man-made structures within 200 feet of the proposed permit boundary,organized by land parcel where the structure was observed,is provided below. Man-made Structures within Property Owner Parcel Number 200 feet of Affected Land Wilson,Charlotte C and Gary L House,associated outbuildings, 7188 N.850th Street 020120000006 fence Robinson,Illinois 62454 Terry Grazing Association P.O.Box 3170 020120100009 Fence Cheyenne,Wyoming 82003 Newbold,David P Sr REV Trust and Newbold,Gertrud REV Trust 020120100014 House,associated outbuildings, 62671 CR 17 fence Carr, Colorado 80612 Newbold,David P Sr REV Trust and Newbold,Gertrud REV Trust 020120100015 House,associated outbuildings, 62671 CR 17 fence Carr, Colorado 80612 Terry Grazing Association P.O. Box 3170 020121000002 Fence Cheyenne,Wyoming 82003 Terry Grazing Association P.O.Box 3170 020122000003 Fence Cheyenne, Wyoming 82003 State of Colorado 600 Grant Street,Suite 640 020122000004 Fence Denver,Colorado 80203 Deporter,Arvid R 14503 CR 108 020127002001 Fence Nunn, Colorado 80648 Thomas,Lloyd and Thomas,Marjorie J Trustees 020128100008 Fence E7900CR120 Carr, Colorado 80612 Connell Carr Pit DRd1S 112 Permit Application Page 33 Man-made Structures within Property Owner Parcel Number 200 feet of Affected Land Nunn Telephone Company 285 Logan Ave 020128200011 Utility Service Structure Nunn,Colorado 80648 Skerjanec,Harold J and Skerjanec, 020128200012 Susan M House, associated outbuildings, fence City of Fort Collins and Natural Fort Grazing LTD 020129100007 Fence P.O. Box 580 Fort Collins,Colorado 80522 Nunn Telephone Company Buried telephone and fiber optic 285 Logan Ave Easement lines Nunn,Colorado 80648 Platte River Power Authority 2000 East Horsetooth Road Easement Buried high pressure gas line Fort Collins,Colorado 80525 Poudre Valley REA 7649 REA Parkway Easement Overhead utility lines Fort Collins,Colorado 80528 Tri-State Generation and Transmission Association Easement High voltage power lines 1100 West 116th Ave Westminster,Colorado 80234 Weld County Public Works Right-of-Way P.O. Box 758 County roads Greeley,Colorado 80632 Connell Carr Pit DRMS 112 Permit Application Page 34 NOTICE This site is the location of a proposed construction materials operation known as the Connell Carr Pit. Connell Resources, Inc., whose address and phone number is 7785 Highland Meadows Parkway, Fort Collins, Colorado 80528, (970) 223-3151, has applied for a Reclamation Permit with the Colorado Mined Land Reclamation Board. Anyone wishing to comment on the application may view the application at the Weld County Clerk to the Board, 1150 O Street, Greeley, CO 80632, and should send written comments prior to the end of the public comment period to the Division of Reclamation, Mining and Safety; 1313 Sherman Street; Room 215; Denver, CO 80203. CERTIFICATION: I,William Schenderlein of Blue Earth Solutions,LLC,hereby certify that I posted a sign containing the above notice for the proposed permit area known as Connell Carr Pit,on January 6, 2014. kij 1/06/14 SIGNATURE DATE (blue earth SOLUTIONS Letter of Transmittal DATE: January 3, 2014 TO: Nunn Telephone Company 285 Logan Avenue Nunn,CO 80648 FROM: Bill Schenderlein Blue Earth Solutions,LLC P.O. Box 2427 Fort Collins,Colorado 80522 (970)227-2803 WE TRANSMIT: THE FOLLOWING: FOR YOUR: IN Attached ■ Originals n Use nInformation Below n Copy of Letter O Approval n Applications n Information n Specifications ■ Review&Comment n Other Remarks: Connell Resources,Inc.is in the process of obtaining a Colorado Division of Reclamation,Mining and Safety(DRMS)permit for the mining of aggregate materials in Weld County(see Vicinity Map). The mining will include excavation to maximum depths of about 25 feet below the ground surface and reclamation will involve grading and revegetation to create stable slopes for rangeland. As part of the DRMS permitting, the Connell Resources has identified permanent man-made structures owned by Nunn Telephone Company within or adjacent to the project (see Pre-Mining/Mining Plan Map). To protect your interests in the structure, Connell Resources is offering an agreement that provides Nunn Telephone Company compensation for structure damage. A typical agreement is attached. Mine planning has established appropriate setbacks from mining excavations to adjacent structures, including those owned by Nunn Telephone Company, and Connell Resources does not anticipate any structure damages. However, to ensure your interests are protected, we request that you please consider the Structure Agreement enclosed. If a representative of your organization will please sign and return the agreement to us, Connell Resources,Inc. will in-turn sign the agreement and we will return a copy of the completed agreement to you for your records. Please call me at(970)227-2803 with any questions or to schedule a meeting for agreement revisions. Signed: Blue Earth Solutions,LLC ♦ P.O.Box 2427 ♦ Fort Collins,CO 80522 • (970)227-2803 Structure Agreement This letter has been provided to you as the owner of a structure on or within two hundred(200) feet of a proposed mine site. The State of Colorado, Division of Reclamation,Mining and Safety ("Division")requires that where a 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 shall 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. ( Construction Materials Rule 6.3.12 and Rule 6.4.19 &Hard Rock/Metal Mining Rule 6.3.12 and Rule 6.4.20) The Colorado Mined Land Reclamation Board("Board')has determined that this form, if properly executed, represents an agreement that complies with Construction Materials Rule 6.3.12(a), Rule 6.4.19(a), and C.R.S. §34-32.5-115(4)(e)and with Hard Rock/Metal Mining Rule 6.3.12(a), Rule 6.4.20(a), and C.R.S. §34-32-115(4)(d). This form is for the sole purpose of ensuring compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to any private civil lawsuit to enforce the terms of the agreement or create any enforcement obligations in the Board or the Division. The following structures are located on or within 200 feet of the proposed affected area: Buried communication lines 1. 2. 3. 4. 5. (Please list additional structures on a separate page) CERTIFICATION The Applicant, Connell Resources, Inc. (print applicant/company name), by Richard Connell (print representative's name), as President (print representative's title), does hereby certify that Nunn Telephone Company (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structures) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Connell Carr Pit (operation name), File Number M- - . This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this form. NOTARY FOR PERMIT APPLICANT ACKNOWLEGED BY: Applicant Representative Name Date Title STATE OF ) ) ss. COUNTY OF ) • The foregoing was acknowledged before me this day of ,20 ,by as of . My Commission Expires: Notary Public NOTARY FOR STRUCTURE OWNER ACKNOWLEGED BY: Structure Owner Name Date Title STATE OF ) ) ss. COUNTY OF ) The foregoing was acknowledged before me this day of , 20 ,by as of . My Commission Expires: Notary Public (blue earth a SOLUTIONS Letter of Transmittal DATE: January 3, 2014 TO: Poudre Valley REA -Attn: Bryant Pongrac 7649 REA Parkway Fort Collins,CO 80528 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 n Use n Information Below n Copy of Letter O Approval n Applications n Information n Specifications ■ Review& Comment n Other Remarks: Connell Resources, Inc. is in the process of obtaining a Colorado Division of Reclamation, Mining and Safety(DRMS)permit for the mining of aggregate materials in Weld County(see Vicinity Map). The mining will include excavation to maximum depths of about 25 feet below the ground surface and reclamation will involve grading and revegetation to create stable slopes for rangeland. As part of the DRMS permitting, the Connell Resources has identified permanent man-made structures owned by Poudre Valley REA within or adjacent to the project(see Pre-Mining/Mining Plan Map). To protect your interests in the structure,Connell Resources is offering an agreement that provides Poudre Valley REA compensation for structure damage. A typical agreement is attached. Mine planning has established appropriate setbacks from mining excavations to adjacent structures, including those owned by Poudre Valley REA, and Connell Resources does not anticipate any structure damages. However, to ensure your interests are protected, we request that you please consider the Structure Agreement enclosed. If a representative of your organization will please sign and return the agreement to us, Connell Resources,Inc.will in-turn sign the agreement and we will return a copy of the completed agreement to you for your records. Please call me at(970)227-2803 with any questions or to schedule a meeting for agreement revisions. Signed: Blue Earth Solutions,LLC ♦ P.O.Box 2427 ♦ Fort Collins,CO 80522 • (970)227-2803 Structure Agreement This letter has been provided to you as the owner of a structure on or within two hundred(200) feet of a proposed mine site. The State of Colorado, Division of Reclamation,Mining and Safety ("Division")requires that where a 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 shall 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. (Construction Materials Rule 6.3.12 and Rule 6.4.19&Hard Rock/Metal Mining Rule 6.3.12 and Rule 6.4.20) The Colorado Mined Land Reclamation Board("Board") has determined that this form, if properly executed, represents an agreement that complies with Construction Materials Rule 6.3.12(a), Rule 6.4.19(a), and C.R.S. §34-32.5-I15(4)(e) and with Hard Rock/Metal Mining Rule 6.3.12(a), Rule 6.4.20(a), and C.R.S.§34-32-115(4)(d). This form is for the sole purpose of ensuring compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to any private civil lawsuit to enforce the terms of the agreement or create any enforcement obligations in the Board or the Division. The following structures are located on or within 200 feet of the proposed affected area: Overhead utility lines i. 2. 3. 4. 5. (Please list additional structures on a separate page) CERTIFICATION The Applicant, Connell Resources, Inc. (print applicant/company name), by Richard Connell (print representative's name), as President (print representative's title), does hereby certify that Poudre Valley REA (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Connell Carr Pit (operation name), File Number M- - . This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock,Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this form. NOTARY FOR PERMIT APPLICANT ACKNOWLEGED BY: Applicant Representative Name Date Title STATE OF ) ss. COUNTY OF ) The foregoing was acknowledged before me this day of , 20 ,by as of My Commission Expires: Notary Public NOTARY FOR STRUCTURE OWNER ACKNOWLEGED BY: Structure Owner Name Date Title STATE OF ) ) ss. COUNTY OF The foregoing was acknowledged before me this day of ,20 , by as of My Commission Expires: Notary Public blue earth SOLUTIONS Letter of Transmittal DATE: January 3, 2014 TO: Platte River Power Authority 2000 East Horsetooth Road Fort Collins,CO 80525 FROM: Bill Schenderlein Blue Earth Solutions,LLC P.O. Box 2427 Fort Collins,Colorado 80522 (970)227-2803 WE TRANSMIT: THE FOLLOWING: FOR YOUR: MI Attached • Originals n Use n Information Below n Copy of Letter n Approval n Applications n Information nSpecifications ■ Review &Comment n Other Remarks: Connell Resources, Inc. is in the process of obtaining a Colorado Division of Reclamation,Mining and Safety (DRMS)permit for the mining of aggregate materials in Weld County(see Vicinity Map). The mining will include excavation to maximum depths of about 25 feet below the ground surface and reclamation will involve grading and revegetation to create stable slopes for rangeland. As part of the DRMS permitting,the Connell Resources has identified permanent man-made structures owned by Platte River Power Authority within or adjacent to the project(see Pre-Mining/Mining Plan Map). To protect your interests in the structure, Connell Resources is offering an agreement that provides Platte River Power Authority compensation for structure damage. A typical agreement is attached. Mine planning has established appropriate setbacks from mining excavations to adjacent structures, including those owned by Platte River Power Authority, and Connell Resources does not anticipate any structure damages. However, to ensure your interests are protected, we request that you please consider the Structure Agreement enclosed. If a representative of your organization will please sign and return the agreement to us, Connell Resources,Inc. will in-turn sign the agreement and we will return a copy of the completed agreement to you for your records. Please call me at(970)227-2803 with any questions or to schedule a meeting for agreement revisions. X/Xlittf, Signed: Blue Earth Solutions,LLC ♦ P.O.Box 2427 • Fort Collins,CO 80522 • (970)227-2803 Structure Agreement This letter has been provided to you as the owner of a structure on or within two hundred(200) feet of a proposed mine site. The State of Colorado,Division of Reclamation, Mining and Safety ("Division")requires that where a 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 shall 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. ( Construction Materials Rule 6.3.12 and Rule 6.4.19 &Hard Rock/Metal Mining Rule 6.3.12 and Rule 6.4,20) The Colorado Mined Land Reclamation Board("Board')has determined that this form, if properly executed, represents an agreement that complies with Construction Materials Rule 6.3.12(a), Rule 6.4.19(a), and C.R.S. §34-32.5-115(4)(e)and with Hard Rock/Metal Mining Rule 6.3.12(a), Rule 6.4.20(a), and C.R.S. §34-32-115(4)(d). This form is for the sole purpose of ensuring compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to any private civil lawsuit to enforce the terms of the agreement or create any enforcement obligations in the Board or the Division. The following structures are located on or within 200 feet of the proposed affected area: Buried gas line 1. 2. 3. 4. 5. (Please list additional structures on a separate page) CERTIFICATION The Applicant, Connell Resources, Inc. (print applicant/company name), by Richard Connell (print representative's name), as President (print representative's title), does hereby certify that Platte River Power Authority (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Connell Carr Pit (operation name), File Number M- - . This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this form. NOTARY FOR PERMIT APPLICANT ACKNOWLEGED BY: Applicant Representative Name Date Title STATE OF ) ) ss. COUNTY OF ) The foregoing was acknowledged before me this day of , 20 , by as of My Commission Expires: Notary Public NOTARY FOR STRUCTURE OWNER ACKNOWLEGED BY: Structure Owner Name Date Title STATE OF ) ) ss. COUNTY OF ) The foregoing was acknowledged before me this day of , 20 ,by as of My Commission Expires: Notary Public (blue earth SOLUTIONS Letter of Transmittal DATE: January 3, 2014 TO: Tri-State Generation and Transmission Association—Attn: Steve Gray 1100 116th Avenue Westminster, CO 80234 FROM: Bill Schenderlein Blue Earth Solutions,LLC P.O. Box 2427 Fort Collins,Colorado 80522 (970)227-2803 WE TRANSMIT: THE FOLLOWING: FOR YOUR: El Attached ■ Originals n Use nInformation Below n Copy of Letter n Approval nApplications n Information nSpecifications INReview&Comment n Other Remarks: Connell Resources,Inc. is in the process of obtaining a Colorado Division of Reclamation, Mining and Safety(DRMS)permit for the mining of aggregate materials in Weld County(see Vicinity Map). The mining will include excavation to maximum depths of about 25 feet below the ground surface and reclamation will involve grading and revegetation to create stable slopes for rangeland. As part of the DRMS permitting,the Connell Resources has identified permanent man-made structures owned by Tri-State Generation and Transmission Association within or adjacent to the project (see Pre-Mining/Mining Plan Map). To protect your interests in the structure, Connell Resources is offering an agreement that provides Tri-State Generation and Transmission Association compensation for structure damage. A typical agreement is attached. Mine planning has established appropriate setbacks from mining excavations to adjacent structures, including those owned by Tri-State Generation and Transmission Association, and Connell Resources does not anticipate any structure damages. However, to ensure your interests are protected,we request that you please consider the Structure Agreement enclosed. If a representative of your organization will please sign and return the agreement to us, Connell Resources,Inc.will in-turn sign the agreement and we will return a copy of the completed agreement to you for your records. Please call me at(970)227-2803 with any questions or to schedule a meeting for agreement revisions. Signed: ."....11/2: Blue Earth Solutions,LLC ♦ P.O.Box 2427 ♦ Fort Collins,CO 80522 ♦ (970)227-2803 Structure Agreement This letter has been provided to you as the owner of a structure on or within two hundred(200) feet of a proposed mine site. The State of Colorado, Division of Reclamation, Mining and Safety ("Division") requires that where a 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 shall 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. ( Construction Materials Rule 6.3.12 and Rule 6.4.19&Hard Rock/Metal Mining Rule 6.3.12 and Rule 6.4.20) The Colorado Mined Land Reclamation Board("Board') has determined that this form, if properly executed, represents an agreement that complies with Construction Materials Rule 6.3.12(a), Rule 6.4.19(a), and C.R.S. §34-32.5-115(4)(e) and with Hard Rock/Metal Mining Rule 6.3.12(a), Rule 6.4.20(a), and C.R.S. §34-32-115(4)(d). This form is for the sole purpose of ensuring compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to any private civil lawsuit to enforce the terms of the agreement or create any enforcement obligations in the Board or the Division. The following structures are located on or within 200 feet of the proposed affected area: Overhead high-voltage power lines 1. 2. 3. 4. 5. (Please list additional structures on a separate page) CERTIFICATION The Applicant, Connell Resources, Inc. (print applicant/company name), by Richard Connell (print representative's name), as President (print representative's title), does hereby certify that Tri-State Generation and Transmission Assoc. (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Connell Carr Pit (operation name), File Number M- - This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock,Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this form. NOTARY FOR PERMIT APPLICANT ACKNOWLEGED BY: Applicant Representative Name Date Title STATE OF ) ) ss. COUNTY OF ) The foregoing was acknowledged before me this day of ,20 ,by as of My Commission Expires: Notary Public NOTARY FOR STRUCTURE OWNER ACKNOWLEGED BY: Structure Owner _ Name Date Title STATE OF ) ) ss. COUNTY OF ) The foregoing was acknowledged before me this day of ,20 , by as of My Commission Expires: Notary Public blue earth SOLUTIONS Letter of Transmittal DATE: January 3, 2014 TO: Weld County Public Works 1111 H Street Greeley,CO 80632 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 n Use nInformation Below n Copy of Letter n Approval n Applications n Information n Specifications ■ Review&Comment n Other Remarks: Connell Resources,Inc. is in the process of obtaining a Colorado Division of Reclamation, Mining and Safety(DRMS) permit for the mining of aggregate materials in Weld County (see Vicinity Map). The mining will include excavation to maximum depths of about 25 feet below the ground surface and reclamation will involve grading and revegetation to create stable slopes for rangeland. As part of the DRMS permitting, the Connell Resources has identified permanent man-made structures owned by Weld County Public Works within or adjacent to the project (see Pre-Mining/Mining Plan Map). To protect your interests in the structure, Connell Resources is offering an agreement that provides Weld County Public Works compensation for structure damage. A typical agreement is attached. Mine planning has established appropriate setbacks from mining excavations to adjacent structures, including those owned by Weld County Public Works, and Connell Resources does not anticipate any structure damages. However, to ensure your interests are protected, we request that you please consider the Structure Agreement enclosed. If a representative of your organization will please sign and return the agreement to us,Connell Resources,Inc. will in-turn sign the agreement and we will return a copy of the completed agreement to you for your records. Please call me at(970)227-2803 with any questions or to schedule a meeting for agreement revisions. Signed: r ' Blue Barth Solutions,LLC ♦ P.O.Box 2427 ♦ Fort Collins, CO 80522 ♦ (970)227-2803 Structure Agreement This letter has been provided to you as the owner of a structure on or within two hundred(200) feet of a proposed mine site. The State of Colorado, Division of Reclamation, Mining and Safety ("Division")requires that where a 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 shall 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. (Construction Materials Rule 6.3.12 and Rule 6.4.19&Hard Rock/Metal Mining Rule 6.3.12 and Rule 6.4.20) The Colorado Mined Land Reclamation Board("Board') has determined that this form, if properly executed, represents an agreement that complies with Construction Materials Rule 6.3.12(a), Rule 6.4.19(a), and C.R.S. ¢'34-32.5-115(4)(e)and with Hard Rock/Metal Mining Rule 6.3.12(a), Rule 6.4.20(a), and C.R.S. §34-32-115(4)(d). This form is for the sole purpose of ensuring compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to any private civil lawsuit to enforce the terms of the agreement or create any enforcement obligations in the Board or the Division. The following structures are located on or within 200 feet of the proposed affected area: County Roads 1. 2. 3. 4. 5. (Please list additional structures on a separate page) CERTIFICATION The Applicant, Connell Resources, Inc. (print applicant/company name), by Richard Connell (print representative's name), as President (print representative's title), does hereby certify that Weld County Public Works (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Connell Carr Pit (operation name), File Number M- - . This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock,Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this form. NOTARY FOR PERMIT APPLICANT ACKNOWLEGED BY: Applicant Representative Name Date Title STATE OF ) ) ss. COUNTY OF ) The foregoing was acknowledged before me this day of , 20 , by as of My Commission Expires: Notary Public NOTARY FOR STRUCTURE OWNER ACKNOWLEGED BY: Structure Owner Name Date Title STATE OF ) ) ss. COUNTY OF The foregoing was acknowledged before me this day of , 20 , by as of My Commission Expires: Notary Public Hello