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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 150 foot setback from any existing oil/gas facility will be maintained <br />if an agreement cannot be reached with the oil/gas companies as per the Slope Stability <br />Report. Until an agreement can be reached or has been attempted to be reached a <br />minimum 200 foot setback will be maintained from the oil/gas facilities. Agreements <br />have been sent to oil/gas companies and other owners' of structures and utilities that <br />are within 200 feet of the mine permit boundary / affected area. If agreements cannot be <br />reached on setbacks that are less than the 200 foot minimum; the acceptable setbacks <br />less than the 200 foot setback required by the DRMS for permanent man-made <br />structures that are depicted on the Mining Plan Map will be used as per the Slope <br />Stability Report. See the Mining Plan Map, and the Slope Stability Report for the mining <br />limit configuration and information on 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 />Derr Pit Project <br />DRMS 112 Permit <br />J&T Consulting, Inc. <br />0-1