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EXHIBIT D <br />Mining Plan <br />Mining Limits <br />Broken Arrow Investments, LLC proposes to mine the Northeast % of Section 4, <br />Township 5 North, Range 65 West, Sixth P.M. in Weld County, Colorado. The site lies <br />% of a mile north of State Highway 263 (8th Street) and east adjacent to Balsam <br />Avenue. Additional permitted mining operations are immediately west of the proposed <br />site, and directly south of State Highway 263 (8th Street). The dominant non-mining land <br />use surrounding the property is agricultural. <br />A portable aggregate processing plant will be located within the mining area as shown <br />on the Mining Plan Map. The area will contain stockpiles and portable equipment as <br />necessary to support the plant operations. <br />All local, State, and Federal rules and regulations will be followed for the storage and <br />handling of any fuel for the facilities. <br />The permit boundary will encompass approximately 39.19 acres with approximately <br />31.85 acres being mined. The remaining area will consist of setbacks, road and utility <br />right-of-ways, equipment storage, and plant site access. Various setbacks from adjacent <br />roads, adjacent structures, and oil and gas infrastructure will be observed as mining <br />occurs. See Exhibit C, Mining Plan Map, and the Slope Stability Report for information <br />on the setbacks and their locations. All setbacks specified in the surface use <br />agreements with the oil/gas companies will be followed. Attached are draft surface use <br />agreements with the pertinent oil/gas companies. The final executed agreements are <br />expected to be obtained in the near future and will be forwarded to the Division when <br />they are available. A minimum 150 foot setback from any existing oil/gas facility will be <br />maintained until that time as per the Slope Stability Report. See the Mining Plan Map, <br />and the Slope Stability Report for the mining limit configuration and information on <br />setbacks and their locations. <br />Products <br />Sand and gravel will be the primary product produced from the Derr Pit Project site. The <br />principal intended use for the sand and gravel is for road base and construction <br />aggregates. <br />Subsurface drilling and testing has verified that the Derr Pit Project property contains a <br />significant commercial deposit of sand and gravel. The depth of the soil and overburden <br />ranges from less than 2.5 ft to 7.5 ft. A lense of sandy clay exists at an approximate <br />depth of 47 feet to 56 feet and is 3 ft to 7 ft thick in a few of the borings performed by <br />Terracon in 2001. The volume of overburden removed is expected to total 300,000 <br />cubic yards mining at a 3H:1V slope. The depth of the aggregate material ranges from <br />0.0 ft to 90 ft, estimated to contain approximately 2.5 million cubic yards of sand and <br />gravel mining at a 3H:1 V slope. <br />- Derr Pit Pfoject <br />J&T Consulting, Inc. DBMS 112 Permit <br />6