exv10w17






Exhibit 10.17




	 	 	 	 	 
	Form

	 	UNITED STATES
	 	FORM APPROVED
	3600-9

	 	DEPARTMENT OF THE INTERIOR
	 	OMB No. 1004-0103
	(April 2002)

	 	BUREAU OF LAND MANAGEMENT
	 	Expires: March 31, 2008
	 

	 	CONTRACT FOR THE SALE OF MINERAL MATERIALS
	 	Office: NV-050
	 

	 	 	 	Contract Number: N-84731





The United States of America, acting through the Bureau of Land Management (BLM) and you,
the purchaser, make this AGREEMENT, under the authority of the Act
of July 31, 1947, 61 Stat. 681, as amended at 30 U.S.C. 601 through 604, and the regulations at 43
CFR Group 3600.




Ready Mix, Inc

3430 East Flamingo Suite 100

Las Vegas, NV 89121



We agree: Sec. 1. Contract area. Under the terms and conditions of this contract, the United
States sells to you and you buy the mineral materials listed in section 2
and contained in the following lands as shown on the map and mining plan attached to this
contract:




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	County	 	State	 	Township	 	Range	 	Section	 	Aliquot Parts	 	Meridian	 	Acreage
	Clark þ

	 	Nevada
	 	T. 17 S.
	 	R. 58 E.
	 	 	9	 	 	NE1/4SE1/4
	 	MD
	 	 	40	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Nye   o
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 





Sec. 2. Amount and price of materials. The United States determines the total purchase price by
multiplying the total quantity of each kind of material designated by the unit price given below,
or as changed through reappraisal.




	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	QUANTITY	 	 	PRICE	 	 	 	 
	KIND OF MATERIALS	 	(Units Specified)	 	 	PER UNIT	 	 	TOTAL PRICE	 
	Sand & Gravel
	 	372,000 tons	 	$	0.58	 	 	$	215,760.00	 
	Administrative Fee
	 	372,000 tons	 	$	0.01	 	 	$	3,720.00	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	TOTAL
	 	372,000 tons	 	$	0.59	 	 	$	219,480.00	 






BLM’s determination of the amount of materials that you have taken under the contract is binding
on you. You may appeal this determination as provided in section 19. You are liable for the total
purchase price, even if the quantity of materials you ultimately extract is less than the amount
shown above. You may not mine more than the quantity of materials shown in the contract.



SEC 3.
Payments, title, and reappraisals. You may not extract the materials until you have either
paid in advance for them in full $215,760.00, or paid the first installment of $10,788.00, [   ] If
you pay in advance, BLM will check this box and subsections 3(a) through 3(c) do not apply to your
contract. You must pay the Administrative Fee of $3,720.00 in full prior to contract
issuance.



(a) If you pay in installments, you must pay the first installment
before BLM approves the contract.



(b) Once you start removing material, you must pay each subsequent
installment payment monthly in an amount equal to the value of
materials removed in the previous month. Payment must be made by
the 15th day following the end of the month for which you are
reporting. You must pay the total purchase price not later than 60
days before the contract expires.



(c) The United States will retain the first installment as security for
your full and faithful performance and will apply it to the last
installment required to make the total payment equal to the total price
given in section 2. The total purchase price equals the sum of the
total quantities removed, multiplied by their respective unit prices. If
you are late making an installment payment, you must not remove
any more material until you have paid. Removing material you have
not paid for is trespass, and for trespass you must pay at triple the
appraised unit price, or at triple the reappraised unit price if BLM has
made a reappraisal. To resume removal operations after you were
late making payments, you must obtain BLM’s written approval.



(d) You receive title to the mineral materials only after you have
paid for them and extracted them.



Sec 4. Risk of loss. You assume complete risk of loss for all materials to which you have title. If
material covered by this contract is damaged or destroyed before title passes, you are liable for
all loss suffered if you or your agents are directly or indirectly responsible for the damages. If
you are not responsible for the damage or destruction, you are liable only to the extent that the
loss was caused by your failure to remove the material under the terms of this contract. You are
still liable for breach of contract or any wrongful or negligent act.



Sec. 5. Liability for damages to materials not sold to you. You are liable for loss or damage to
materials not sold to you if you or your agents are directly or indirectly responsible for the
damage or loss. You are also liable if you fail to perform under the contract according to BLM’s
instructions and the United States incurs costs resulting from your breach of any contract term or
your failure to use proper conservation practices. If the damage resulted from willful or gross
negligence, you are liable for triple the appraised value of the damaged or destroyed materials. If
the damage or destruction did not result from willful or gross negligence, you are liable for
lesser charges, but not less than the appraised value of the materials.



Sec. 6. Stipulations and reserved terms. Your rights are subject to the regulations at 43 CFR Group
3600 and to any stipulations and the mining plan attached to this contract. þ BLM will check
this box if there are stipulations attached to this contract.



Sec. 7. Notice of operations. You must notify BLM immediately when you begin and end operations
under this contract. If BLM has specified a time frame for notification, you must comply with that
time frame.



Sec. 8.
Bonds. (a) You must furnish BLM with a bond in the amount of $71,600.00 as a condition
of issuing this contract.



(b) If you do not perform all terms of the contract, BLM will deduct
an amount equal to the damages from the face amount of the bond. If
the damages exceed the amount of the bond, you are liable for the
excess. BLM will cancel the bond or return the cash or U.S. bonds
you supplied when you have completed performance under this
contract.



(c) BLM will require a new bond when it finds any bond you furnish
under this contract to be unsatisfactory.



Sec. 9. Assignments. You may not assign this contract without BLM’s written approval.



Sec. 10. Modification of the Approved Mining or Reclamation Plan. You or BLM may initiate
modification of these plans to adjust for changed conditions, or to correct any oversight. The
conditions for BLM requiring you to modify these plans, or approving your request for modification
are found in the regulations at 43 CFR 3601.44.




 









 




Sec. 11. Expiration of contract. This contract will expire one year,—months, — days from its
approval date, unless BLM extends the term or renews the contract. o BLM will check this box if
this contract is a renewable competitive contract.



Sec. 12. Renewal of renewable competitive contract. BLM will renew your contract if you apply in
writing no less than 90 days before your renewable competitive contract expires and you meet the
conditions in the regulations at 43 CFR 3602.47.



Sec.
13. Violations; and cancellations. (a) If you violate any terms or provisions of this
contract, BLM may cancel your contract following the regulations at 43 CFR 3601.60 et seq., and
recover all damages suffered by the United States, including applying any advance payments you made
under this contract toward the payment of the damages.



(b) If you extract any mineral materials sold under this contract after the contract has expired
or been cancelled, you have committed, and may be charged with, willful trespass.



Sec. 14. Responsibility for damages suffered or costs incurred by the United States. If you, your
contractors, subcontractors or employees breach this contract or commit any wrongful or negligent
act, you are liable for any resulting damages suffered or costs incurred by the United States. You
must pay the United States within 30 days after receiving a written demand from BLM.



Sec. 15. Extensions of time. BLM may grant you an extension of time in which to comply with contact
provisions under the regulations at 43 CFR 3602.27. For contracts with terms over 90
days, you must apply in writing no less than 30 or more than 90 days before your contract expires.
For contracts with terms of 90 days or less you must apply no later than 15 days before your
contract expires.



Sec. 16. Time for removing personal property. You have 90 days (not to exceed 90) from the date
this contract expires to remove your equipment, improvements, and other personal property from
United States lands or rights-of-way. You may leave in place improvements such as roads, culverts,
and bridges if BLM consents. Any property remaining after this period ends becomes the property of
the United States, but you will remain liable for the cost of removing it and restoring the site.



Sec. 17. Equal opportunity clause. The actions you take in hiring must comply with the provisions
of Executive Order No. 11246 of September 24, 1965, as amended, which describe the
non-discrimination clauses. You may bet a copy of this order from BLM.



Sec. 18. Effective date. This contract becomes effective as indicated below. o If this contract
becomes effective on the date BLM signs the contract, BLM will check this box.



þ If this contract becomes effective only after certain conditions are met, BLM will check this
box, list the conditions below, and indicate the effective date.



Sec. 19. Appeal. You may appeal any decision that BLM makes in regard to this contract under parts
4 and 1840 of Title 43 of the Code of Federal Regulations.



The following parties have executed this contract as of:




	 	 	 
	PURCHASER

	 	UNITED STATES OF AMERICA
	 
	 	 
	Ready Mix, Inc.

	 	/s/ Illegible
	 

	 	 
	(Individual or Firm Name)


3430 East Flamingo, Suite 100, Las Vegas, NV 89121

	 	(Authorized Officer)


NRS
	 

	 	 
	(Address)

	 	(Title)
	 
	 	 
	(702) 433-2090

	 	5-1-08
	 

	 	 
	(Phone Number)

	 	(Date)
	 
	 	 
	Clint Tryon CFO, Sec/Treas.
 

(Signature)

	 	 
	 
	 	 
	If you are a corporation, affix corporate seal here.

	 	Effective date of contract is May 1, 2008





Title 18 U.S.C. Section 1001, makes it a crime for any person knowingly or willfully to make to any
department or agency of the United States any false, fictitious or fraudulent statements or
representations as to any matter within its jurisdiction, subject to a fine of up to $10,000 and
imprisonment up to 5 years.




NOTICE



The Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) requires us to inform you that: BLM is
collecting this information to process your application and effect a binding contract. BLM will use
this information to identify and communicate with applicants. You must respond to this request to
get a benefit. A federal agency may not conduct or sponsor, and you are not required to respond to,
an information collection which does not have a currently valid OMB control number.




Authority: 30 U.S.C. 601 et seq.; 43 CFR 3600



Principal Purpose: BLM uses this information to identify the parties entering into contracts for
disposing of mineral materials.



Routine Uses: BLM will transfer this information from the record or the record itself to
appropriate federal, state, local, or foreign agencies, when relevant to criminal, civil, or
regulatory investigations or prosecutions.



Effect Of Not Providing Information: If you do not provide this information to BLM, we will not be
able to process your application for a contract.



BLM estimates the public reporting burden for this form at an average of 30 minutes per response,
including the time for reviewing instructions, gathering and maintaining data, and completing and
reviewing the form. Direct comments regarding the burden estimate or any other aspect of this form
to U.S. Department of the Interior, Bureau of Land Management, Bureau Clearance Officer,
(1004-0103), 1849 C St., NW., Mail Stop 4 (Illegible), Washington D.C. 20240.



 









 





EXHIBIT“B” 05/31/07

(Illegible) Stipulations for the Sand and Gravel Operation



1. “Purchaser” means any person, corporation, partnership, association, Federal agency, State
agency, local agency, municipality, or other entity that has been issued a
mineral material contract or free use permit by the Las Vegas Field Office. Customers may obtain
contracts and/or free use permits under any name they choose. However,
related business ventures will not be viewed as separate Purchasers.



2. “Authorized Officer” means the Las Vegas Field Manager or his duly appointed representative.



3.
Purchaser will conform to all Federal, State of Nevada, County, and Local laws,
ordinances and regulations. Purchaser will acquire all permits, variances,
easements, etc. required to operate within the pit. All operators shall be required to obtain
the applicable permit from the Clark County Department of Air Quality
Management, prior to any surface disturbing activities. The operators shall carry out any
monitoring requirements and pay any off-set fees imposed by the permit. The
permittee shall agree to indemnify the United States against any liability arising from the
release of dust on the permit area. This agreement applies without regard to
whether a release is caused by the Holder, its agent or contractor, or unrelated third parties.
Failure to conform to all laws, ordinances and regulations or to acquire all
required permits, variances and easements will result in the suspension of this contract for a
period deemed appropriate by the Authorized Officer.



4. Firearms may not be possessed within the boundaries of any community pit, either openly or
under concealment, except by an officer, agent or employee of the United
States, a State, or a political subdivision thereof, who is authorized by law to engage in law
enforcement activities. Possession or use of a firearm within a community pit
will result in the revocation or cancellation of this contract. Future sales may also be denied.



5. Purchaser shall notify the Authorized Officer within one (1) working day of movement of
equipment into the pit, commencement of operations, termination of operations,
and removal of equipment from the pit. Should the purchaser fail to move into the pit and start
production of mineral materials within six (6) months of the
issuance of this contract, the Authorized Officer will cancel the contract.



6. As provided by 43 USC 1732. Sec. 302, the Authorized Officer may order an immediate temporary
suspension of this contract prior to a hearing or final administrative
finding if he determines that such a suspension is necessary to protect health, safety or the
environment. Where other applicable law (i.e. MSHA, NDOSHE) contains
specific provisions for suspension, revocation or cancellation the provisions of such law shall
prevail.



7. If the Purchaser violates any provisions of .this contract, the Authorized Officer through
written notice, has the option of refusing to issue any additional material contracts
to the Purchaser; or suspending further operations of Purchaser under this contract, except
operations necessary to remedy any violations. If purchaser fails to remedy all
violations within thirty (30) days after receipt of a suspension notice, the Authorized Officer
may, by written notice, cancel the existing contract and take appropriate action
to recover all damages suffered by the Government from the violations, including application of any
advance payments or performance bonds toward payment of damages.



8. Extraction, under this contract, means materials which have been processed to a final product
and stockpiled for removal. Materials stockpiled in this manner become the
personal property of the permittee only after they have been paid for. Stockpiled materials
remaining on Government lands and rights-of-way at the end of the period
specified for removal in the contract shall become the property of the Government.



9. The Purchaser shall be liable for any damages, cost or expense incurred by the Government
arising out of operations under this contract whenever damage, cost or
expense results from breach of contract or wrongful or negligent act of Purchaser, his contractors,
subcontractors, or their employees. The Purchaser shall pay the
Government for the damage, cost or expense within thirty (30) days of a written demand by the
Authorized Officer. Failure to make payment within this period will result in
the suspension of all sales to the Purchaser until payment is received.



10. Upon contract termination, Purchaser will remove or dispose of all waste, which has
accumulated in the contract area as a result of the mining operation, to a public
sanitary landfill or other proper disposal area. The term “waste”, as used herein, includes, but
is not limited to, garbage, human waste, trash, petroleum products and
equipment.



11. Purchaser will avoid disturbing or removal of section corners, bench marks, monuments, or
other survey markers. Where excavation or road building may require
removal or relocation of these items, the Authorized Officer will be contacted thirty (30)
days prior to removal or relocation for special instructions.



12. Backhauling of any materials and/or debris into any community pit is not allowed.
The backhauling of materials and/or debris into a community pit by the
Purchaser, his contractors, subcontractors, or their employees will be cause for the
Authorized Officer to immediately order the suspension and/or cancellation of all
operations of the Purchaser under all contracts held through the Las Vegas Field Office.
Purchaser will be liable for all costs of removal of the backhaul materials.



13. Materials brought into the pit for the purpose of blending with the existing native sand &
gravel shall be clean and free of any deleterious materials (i.e. rebar,
wood). The imported materials shall be stockpiled in a readily identifiable segregated area.
Imported materials will be shown as a separate volume on the
monthly report for material removed from the pit. Upon completion of mining all leftover imported
materials will be removed from the pit and disposed of in an
approved manner.



14. Machinery will be kept on the pit floor to the extent possible. All stockpiles and waste
rock piles will be kept at as low an angle to the horizon as possible to reduce
visual impacts. No unnecessary equipment or vehicles will be kept on site. Except for stockpiles
of processed material, the pit floor will be kept reasonably level and
uniform during the term of the contract.



15. When antiquities or other cultural objects of historic or scientific interest, including,
but not limited to, historic or prehistoric ruins, artifacts or vertebrate fossils, are
discovered during the mining operation, all operations will cease immediately. The cultural
items will be left intact and immediately brought to the attention of the
Authorized Officer in order that the cultural resource can be inspected, documented and/or
salvaged.



16. Asphalt hot plants, concrete batch plants, materials recycling plants and water wells are
not allowed within any community pit unless approval is granted in writing by
the Authorized Officer. All other types of plants not specifically for the sole purpose of
mining, crushing and/or loading mineral materials are not allowed.



17. Night watchmen, mobile homes, recreational vehicles, non-operational vehicles, storage areas,
repair areas, salvage areas, and all other persons, animals, materials
and/or equipment not directly related to the mining, processing, and/or hauling of mineral
materials are not allowed within any community pit unless approval is granted in
writing by the Authorized Officer.



18. All mining, processing, hauling, and storage activities shall be confined to the minimum area
necessary. This area shall be delineated by the Authorized Officer and will not
exceed ten (10) square feet per cubic yard of material purchased with the exception that all
Purchasers will be allowed a minimum area of 10,000 square feet. Purchaser shall
clearly mark the exterior boundaries of the activity area prior to the commencement of any surface
disturbing activities. All activities, directly or indirectly associated with this
contract, must be conducted within the boundaries of this area.



19. Purchaser must display a permanent identification sign in the activity area showing the
Purchaser’s name, address, and telephone number. Each Permittee is required to
possess and display at the disposal site a current copy of the Mineral Material Sale Contract
issued by this office.



 









 




20. Purchaser will furnish this office with a monthly report of mineral materials removed under
this contract (see Attachment “B”). These copies must be furnished month and
must be itemized, including operator name and volume (Illegible) materials, all sales on site to other sand
and gravel operator (Illegible) are due in this office (Las Vegas Field Office) not
later than the 10th of each month, or the first business day hereafter if the 10th falls on a
weekend or holiday. The Authorized Officer may also require the Purchaser to submit
certified copies of its community pit mining records showing the names, addresses, and telephone
numbers of buyers, quantities of materials sold, and dates of deliveries.
Submission of erroneous records will constitute grounds for the
suspension and/or cancellation of this contract and the suspension of
sales of mineral materials contracts for up
to one year. This office may also refuse to issue any future contracts without an adequate
performance bond. If contract length is less than thirty (30) days then Attachment “B” must be
submitted within five (5) days of the contract expiration date. A new contract will not be issued
without all required submissions of Attachment “B”. Attachment “B” must be signed and dated upon
completion of the form.



21. Permittee’s who have purchased or anticipate an annual production volume greater than 15,000
cubic yards of material, will be required to provide the BLM with a pre-disposal and post-disposal survey of the site. Any person or company suspected of unauthorized
removal of material exceeding 15,000 c.y. will also be required to provide a
survey. The survey may be either an aerial or land survey. If a land survey is performed, it must
be completed by a surveyor registered in the State of Nevada. If the operator
refuses to conduct a survey, the Authorized will suspend sales for a thirty (30) day period, and
the BLM will conduct a survey. The resulting costs will be billed to the operator
as an administrative cost, which must be paid prior to continued sales. Any trespass established by
a BLM survey, in such cases, will be considered willful. The operator will be
charged willful damages and sales will be terminated.



22. If a tortoise is in imminent danger with immediate death or injury likely (such as from an
approaching vehicle or equipment), and the tortoise has been given the opportunity
to move but has withdrawn in its shell and is not moving, onsite personnel may capture the tortoise
and place it in a clean, unused cardboard box or similar container. Clark
County’s tortoise pick-up service will be notified immediately (593-9027). The contained tortoise
will be held in the shade or temperature controlled environment until removed
by the pick-up service.



23. Prior to starting operations each day, the permittee will make an inspection of the operating
area. This inspection is to determine if any desert tortoises are present.



24. Vertical cuts of three (3) feet or greater will be graded to a horizontal to vertical slope
ratio of three to one (3 to 1) upon termination of the mining operation.



25. Migratory birds:



a. Under the Migratory Bird Treaty Act it is illegal to remove an active nest, egg(s) or young
bird(s) without a USFWS depredation permit. The proponent must comply with
the Migratory Bird Treaty Act to avoid potential impacts to migratory bird species or their
habitat. Therefore, prior to vegetation and/or other ground disturbing activities, the
proponent shall have a qualified wildlife biologist on site for breeding bird surveys and bird
observations during the following dates: In upland desert habitats and ephemeral
washes containing upland species, the season generally occurs between March 15th — July 30th. In
riparian and higher elevation areas, breeding season generally occurs between
March 1st — August 30th.



b. A qualified wildlife biologist is a person with documented ornithological knowledge of and/or
sufficient experience with birds of the Mojave Desert and their behaviors.
The person must be able to identify and locate these birds and their nests which may be present
within the project area. The wildlife biologist must be familiar with Mojave bird
behavior and be able to establish an adequate buffer area around nest sites. The desert tortoise
biologist may be able to perform these duties.



c. Upon selection of a qualified wildlife biologist the BLM shall be notified via letter containing
the project serial number as assigned by the BLM or the proponent may call and
discuss their selection with BLM wildlife staff at (702) 515-5000. Documentation will be placed in
the case file.



d. Project area surveys shall be done to ensure 100% coverage. Methods should be selected based on
the plant community and/or topography. Field notes and reports shall
thoroughly describe methodology and rationale for use and archived.



e. Surveys shall include burrowing owls and other ground nesting species. If active nests
containing eggs and/or young are found, then an appropriately-sized buffer area must
be established, marked and avoided during construction so that egg laying, incubation and the
rearing of young continues until the young fledge.



f. For construction activities from October 01 to March 14, the proponent’s biologist shall
collapse all burrows, holes, crevices, or other cavities on the construction site only
after thoroughly inspecting them for inhabitants like desert tortoises and/or their eggs. This
will discourage burrowing owls from potentially occupying the burrows, holes,
crevices before and during construction activities.



g. If burrowing owls are seen during surveys after March 15, you must rely on behavioral
observations to determine their breeding status. Should breeding behavior be
observed, the wildlife biologist will assume that an active nest is present and the area shall be
avoided until the young fledge. This will ensure that any eggs or young are not
abandoned due to project activities. The owl’s total nesting cycle takes a minimum of 74 days,
during which time construction activity would need to cease within the buffer
area on the site. Generally, owl eggs may be laid between mid-March to the end of May, and young
may be present from mid-April through August. (Adapted from US Fish and
Wildlife Service recommendations)



h. Following project completion, the project wildlife biologist must complete the migratory bird
section in the provided attachment, sign and return the attachment to the BLM. For a complete list
of protected birds see 50 C.F.R. 10.13.



26. An encounter with a Gila Monster during operational activities require adherence to the
following protocols.



a) Any encounters during project construction must be reported immediately to the Nevada Division
of Wildlife at (702) 486-5127.



b) Live Gila monsters found in harms way on the construction site will be captured and detained in
a cool, shaded environment (<85 degrees F) by the project biologist trained in
handling venomous reptiles until a NDOW biologist can arrive for documentation purposes. A clean
5-gallon plastic bucket w/ a secure, ventilated lid; an 18”x 18”x 4” plastic
sweater box w/ a secure, vented lid; or, a tape-sealed cardboard box of similar dimension may be
used for safe containment. Written information identifying mapped capture
location, date, time, and circumstances (e.g. biological survey or construction) and habitat
description (vegetation, slope, aspect, substrate) will also be provided to NDOW.



c) Injuries to Gila monsters may occur during excavation, road-grading, or other construction
activities. In the event a Gila monster is injured, it should be transferred to a
veterinarian proficient in reptile medicine for evaluation of appropriate treatment. Rehabilitation
or euthanasia expenses will not be covered by NDOW. However, NDOW will
be immediately notified during normal business hours. If an animal is killed or found dead, the
carcass will be immediately frozen and transferred to NDOW with a complete
written description of situation circumstances, habitat, and mapped location.



d) Should NDOW be delayed to assist, biological personnel on site may be requested to remove and
release the Gila monster out of harms way. Should NDOW’s assistance be
delayed, biological or equivalent acting personnel on site may be requested to remove and release
the Gila monster out of harms way. Should NDOW not be immediately
available to respond for photo-documentation, a 35mm camera or equivalent (5 mega-pixel digital
minimum preferred) will be used to take good quality images of the Gila
monster in situ at the location of live encounter or dead salvage. The pictures, preferably on
slide film (.tif or .jpg digital format) will be provided to NDOW. Pictures will
include the following information: 1) Encounter location (landscape with Gila monster in clear
view); 2) a clear overhead shot of the entire body with a ruler next to it for scale
(Gila monster should fill camera’s field of view and be in sharp focus); 3) a clear, overhead
close-up of the head (head should fill camera’s field of view and be in sharp focus).



27. The operator/permittee shall be responsible for controlling all undesirable invading plant
species (including listed noxious weeds and other invasive plants identified as



 









 







undesirable by federal, state or local authorities) within (Illegible) of their
authorization area and Bureau-(Illegible) facilities (e.g. access and utility corridors),
including all operating and reclaimed areas, until (Illegible) activities have been deemed
successful and (Illegible) by the authorized officer. Control standards and
measures proposed must conform to applicable state and federal regulations.



28. The operator shall use weed free seed for reclamation and for other organic products for
erosion control, stabilization, or revegetation (e.g. straw bales, organic mulch) must
be certified weed free. According to Nevada law (NRS 587.111), “all seed shipped to or sold within
Nevada is to be free of noxious weed seeds”.



29. Prior to any application of herbicide on public lands the operator shall have a current
Pesticide Use Permit that outlines application methods, rates, weather constraints and
the specific dates of applications. Stipulation 3 — The project proponent will coordinate project
activities with the BLM Weed Coordinator (702-515-5000) regarding any
proposed herbicide treatment. The project proponent will prepare, submit, obtain and maintain a
pesticide use proposal (PUP) for the proposed action. Weed treatments may
include the use of herbicides, and only those herbicides approved for use on Public lands by the
BLM.



30. The operator/permittee is responsible for ensuring that all project related vehicles and
equipment arriving at the site (including, but not limited to, drill rigs, dozers, support
vehicles, pickups and passenger vehicles, including those of the operator, any contractor or
subcontractor and invited visitors) do not transport noxious weeds onto the project
site. The operator shall ensure that all such vehicles and equipment
that will be traveling off constructed and maintained roads or
parking areas within the project area have been
power washed, including the undercarriage, since their last off road use and prior to off road use
on the project. When beginning off road use on the project, such vehicles and equipment shall not
harbor soil, mud or plant parts from another locale. Depending on the site setting such as
remoteness, or other site condition, the operator may be required to have an on-site wash area
identified and readily available. If a noxious weed infestation is known or later discovered on the
project site, project related vehicles or equipment that have traveled through such an infestation
shall be power washed including the undercarriage prior to leaving the site, at an established,
identified wash area. Wash water and sediment shall be contained in an adjacent settling basin.
Should any vegetation emerge in the wash area or settling basin, it will be promptly identified and
appropriately controlled if found to be an undesirable invasive plant.



31. Should undesirable invasive plants become established on developed areas prior to reclamation
reshaping; appropriate measures will be taken to ensure that the invasive
plants are eradicated prior to reclamation earthwork. Should undesirable invasive plants become
established on reshaped areas prior to reclamation seeding; appropriate measures
will be taken to ensure that invasive plants are eradicated prior to seeding the site.



32. Dust abatement measures shall be taken concurrent with mining and reclamation activities. All
operations shall use best available control technology to meet air quality
regulations. Roads and operating areas shall meet air quality standards established by Clark
County. Roads exiting the pit from the scales shall be black-topped. Pit roads
leading to scales or that will be in place longer than 60 days shall be chip sealed or otherwise
black-topped. All black-topped roads shall be watered hourly to
prevent the build-up of dust. Pit roads in
place less than 60 days shall be treated with an approved chemical
treatment, i.e. magnesium chloride or lignin sulfate. Proof, such as a bill of sale, shall
be presented upon request to show that chemical treatments are being used.



33. All areas to be excavated shall be watered prior to removal. All borrow, pit run, processed and
transferred materials shall contain no less than 2 percent moisture by weight,
or be treated with the equivalent volume of water necessary to maintain a 2 percent moisture
content by weight in 1/4 inch minus material.



34. Operations shall limit disturbance to the smallest area needed for operations. Operating areas
not in use for more than 14 days shall be treated with a chemical dust
suppressant. Armoring with oversized rock is an acceptable alternative to chemical treatment.
Operators shall complete reclamation within 30 days on areas no longer needed
for operations or production. Armoring of reclaimed sites or use of a dust suppressant shall be
used to reduce erosion until vegetation is established.



35. Measures taken shall be in conformance with Federal, State and County laws or regulations. All
sand and gravel trucks shall use load covers when transporting mineral
materials. If atmospheric conditions are such that air quality violations would occur, then the
purchaser shall cease operations until such time as the atmospheric conditions
change and air quality standards can again be met. If new air quality standards are promulgated
during the life of the contract, then the purchaser shall come into compliance
with the new standards within a reasonable amount of time.



36. All machinery and vehicles used in the operation shall meet air quality standards. Any
machinery/vehicles exhibiting signs of not meeting air quality standards, i.e. black
smoke from diesel equipment or visible exhaust, shall either be removed from the pit or shut down
until serviced to meet standards.



37. The BLM shall suspend the contract of any operations failing to meet air quality regulations,
if requested by the Clark County Department of Air Quality Management to do
so. The BLM shall suspend the contract of any operations with a pattern of violations (three
violations in any four month period) for air quality regulations, regardless of any
request by the Clark County Department of Air Quality Management.



38. No open fires for the burning of trash or to provide warmth to workers shall be allowed in the
pit. Vehicles and equipment shall not be left idling unnecessarily within the
pit.



39. Operators shall be encouraged to get employees involved in car pooling to and from the pit.