HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
Building & Planning Department
108 8`" Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.38 4.3470
www.darfield-county_ com
MAJOR IMPACT REVIEW
0 MAJOR IMPACT REVIEW [AMENDMENT]
GENERAL INFORMATION (Please print legibly)
w Name of Property Owner: DAVID L. FURR
Mailing Address: 2480 202 Road Telephone: (970 ) 260-2636
Y City: DeBeque State: CO Zip Code: 81630 Cell: ( )
r E-mail address: FAX: ( )
Y Name of > eUt Xtti�t9t(Xfft7XXOF34erCl:tMXXO(CiMAC1l1eXlECCIX
Y AMFRICAN CIVII CONSTRUCTORS, INC.
Mailing Address: 4901 S. Windermere Street Telephone: (970 ) 283-1081
Y City: Littleton State: CO Zip Code: 80120 Cell: (303 ) 419-2399
E-mail address: NPOLCE@ACCBUILT.COM FAX: X303 ) 347-1844
r Requested Use from Table 3-501 or 3-502:
Article III Table 3-501 USE = EXTRACTION RURAL
M=USE PERMITTED SUBJECT TO MAJOR IMPACT REVIEW
fr Street Address / General Location of Property: 2480 202 Road
DeBeque, CO 81630
- Legal Description: TOWNSHIP 8 SOUTH, RANGE 98 WEST OF THE 6TH P.M.
(See deed attached)
p Assessor's Parcel Number: 2 4 4 3 - 1 1. 4- 0 0- 0 0 3
r Existing Use: AGRICULTURE
r Property Size (in acres) 120.1 Acres Zone District: Resource Land/Rural
Last Revised 12/29/08
Garfield County Building & Planning
108 8th Street Suite 401
Glenwood Springs, CO 81601
February 16, 2009
Attn: Fred Jarman
Subject: Pre -Application Conference
Re: Major Impact Review — Furr Pit
2480 202 Road
Debeque, CO 81630
Dear Mr. Jarman,
merican
onstructors
In accordance with the Major Impact Review submittal requirements for the above
referenced property, American Civil Constructors, Inc. (ACC) would like to submit the
Pre -Application Conference attendance list and meeting minutes in lieu of Form (4-103
(A)) as ACC was unable to obtain the form.
Meeting Date: 10 -February -09 10:00 am
Location: 4301 45 Road — Debeque, CO 81630 — CR 204 Roan Creek Improvements
Construction Office Trailer
Attendees: John Brewer: Project Inspector, Wes Goff: PBS&J Engineer, Nick Polce:
ACC,: Parker Moore: ACC, Paul Evers: ACC,; Adam Orchard, ACC; Bruce Hammers,
ACC, Jeff Nelson, Garfield County; Marvin Stephens, Garfield County;
Discussion of Submittal Requirements and Procedures for the following:
1. Application Form, Application Fee and Executed Agreement for Payment
Form. How much is the application fee? Where do we submit?
2. Review requirements pertaining to Article III and Article VII of the New Land
Use Regulations (effective 1/1/2009). Please review the attached narrative
outlining our findings.
3. Reviewed requirements relating to the property owner's agreeing to a
"Statement of Authority".
4. Discussed the mapping requirements: Garfield County Assessor's Map and 8
Y2 x 11 vicinity map locating the parcel in the County .
Please feel free to contact me should you have any questions or concerns in regards to
this or any other project matter.
1
Regards,
/
Nick P. ce
Project Manager
American Civil Constructors
4901 S. Windermere St.
Littleton, CO 80120
Office: 970.283.1081
Cell: 303.419.2399
npolce(accbuiIt. com
2
I. Major Impact Review Process
The following section outlines and describes the Major Impact Review process for the
variety of uses that are governed by the Board of County Commissioners by the
Unified Land Use Resolution of 2008 (ULUR). Please refer to Articles III and VII in the
regulations themselves for a higher level of detail. [The following process is required
for applications for land use changes that are subject to Major Impact Review as
defined in Table 3-501 or 3-502 in Article III.]
A. Outline of Process. The Major Impact Review process shall consist of the
following procedures:
1. Pre -Application Conference (4-103 (A))
2. Application (4-103 (B))
3. Determination of Completeness (4-103 (C))
4. Evaluation by the Director/Staff Review (4-103 (E))
5. Public Hearing and Recommendation by the Planning Commission (4-
103 (G))
6. Public Hearing and Decision by the Board of County Commissioners
(4-103 (G))
B. Submittal Materials: The following materials shall be submitted with a Limited
Impact Review application and are more fully defined in Section 4-502 of
Article IV of the ULUR. The Director may waive or alter any of these
requirements if they are determined to be inappropriate or unnecessary to
determining if the application satisfies applicable standards.
1. Application Form and Fees
2. Site Plan (4-502(C)(3))
3. Erosion and Sediment Control plan (4-502(C)(4))
4. Landscape Plan (4-502(C)(5))
5. Land Suitability Analysis (4-502(D))
6. Impact Analysis (4-502(E))
7. Improvements Agreement, if appropriate (4-502(1))
II. Major Impact Review Amendment Process
Any proposal to change conditions of approval or a site plan approved under these
Regulations as a Major Impact Review permit shall require application to the Director
for Amendment of a Major Impact Permit Approval. The Director shall review the
application to determine whether the proposed change constitutes a substantial
change to the Major Impact Permit approval pursuant to Section 4-107 of Article IV.
A. Outline of Process. The review process for a proposed Amendment of an
Approved Major Impact Review shall consist of the following procedures.
1. Pre -Application Conference (4-103 (A))
2. Application (4-103 (B))
3. Determination of Completeness (4-103 (C))
4. Evaluation by the Director/Staff Review (4-103 (E))
5. Decision by Director (4-104(B)(5))
6. Public Hearing and Decision by the Board of County Commissioners
(4-103 (G))
B. Submittal Materials; The following materials shall be submitted with a Major
Impact Review Amendment application and are more fully defined in Section
4-502 of Article IV of the ULUR. The Director may waive or alter any of these
requirements if they are determined to be inappropriate or unnecessary to
determining if the application satisfies applicable standards.
1. Application Form
2. Supporting documents necessary to evaluate the proposed revision(s)
3. Written Statement of proposed amendment(s) which includes how the
requested amendment does not result in a substantial change defined
here:
Substantial Change. A change to and existing approved land use
resulting in one or more of the following:
1. A change in land use category.
2. A change in site design which increases
a. The number of dwelling units.
b. The maximum square footage of structures less than 10,000
sq, ft. over 100% and structures over 10,000 sq. ft. by 10%,
if a maximum has been specified in a permit or approval.
c. Projected traffic such that a highway access permit or an
amendment to a highway access permit is required as a
result of the change.
d. The size of the land which is the subject of the permit or
approval
3. A change in land use which creates or increases the incompatibility of
the use.
I have read the statements above and have provided the required attached information
which is correct and accurate to the best of my knowledge.
(Signature of Property Owner) DAVID L. FURR
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
PAYMENT AGREEMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and 749sic.9*i f ivrc 6/V51220147e/23 -n1c •
Property Owner (hereinafter OWNER) agree as follows: .4sn s'a. /Cel e%&OWPvc
1. OWNER has submitted to COUNTY an application for Pau.
(hereinafter, THE PROJECT).
2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as
amended, establishes a fee schedule for each type of subdivision or land use review
applications, and the guidelines for the administration of the fee structure.
3. OWNER and COUNTY agree that because of the size, nature or scope of the
proposed project, it is not possible at this time to ascertain the full extent of the costs
involved in processing the application. OWNER agrees to make payment of the Base Fee,
established for the PROJECT, and to thereafter permit additional costs to be billed to
OWNER. OWNER agrees to make additional payments upon notification by the COUNTY
when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or
cost of consulting service determined necessary by the Board of County Commissioners for
the consideration of an application or additional COUNTY staff time or expense not covered
by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay
additional billings to COUNTY to reimburse the COUNTY for the processing of the
PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to
the final consideration by the COUNTY of any land use permit, zoning amendment, or
subdivision plan.
PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE)
� D
Sign re�
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Print Name
Mailing Address:
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American Civil Constructors, Inc
Furr Property
Major Impact Permit
February 2009
PREPARED BY:
Greg Lewicki And Associates
11541 Warrington Court Phone (303)346-5196 Fav: (303)-346-6934
F,-1�TaiLinfo a%lerviel:i.biz
Parker, CD USA 80138
DIVISION 1 - GENERAL APPROVAL STANDARDS FOR LAND USE CHANGE
PERMITS
Section 7-101 Compliance with Zone District Use Restrictions
The Furr property is zoned rural. The land use change of extraction is permitted subject to Major
Impact Review. See Table 7-101 Zoning Table for details.
Furr Property, February 2009 1
Table 7-101 Zoning Table
Furr Property, February 2009 2
USE
ZONE DISTRICT
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Extraction
M
M
L
Fabrication — Equipment, Small
Appliances
M
L
L
L
•
Fabrication — Vehicles, Machinery, and
Heavy Equipment
M
M
•
Fabrication -Assembly of Structures
M
M
•
Fabrication—Cabinet Making,
Woodworking, Metalworking, Glazing,
Machining , welding
L
L
.
.
•
•
Fabrication of goods processed from
natural resources
M
M
•
Feedlot, Commercial
M
M
•
Fire Station
A
A
A
A
A
A
A
A
•
Forestry
L
•
Foster Home
•
.
.
.
•
•
•
•
•
Family Child Care Home
L
L
L
L
L
L
L
L
•
Fraternal Lodge
L
.
.
.
•
General Service Establishment —
Plumbing Contractor, Electrical
Contractor, Building Contractor,
Blacksmith, Service and Repair of
Appliances, Equipment and Machinery
L
•
•
•
•
Golf Course/Driving Range
L
L
L
L
L
L
L
L
•
Group Home Facilities
L
L
L
L
M
•
L
•
Home Office/Business
A
A
A
A
.•
•
•
•
Heliport
M
M
M
L
L
L
L
•
Hospital
MMMM
L
L
L
L
•
Indoor Recreation
M
M
M
M
•
•
•
.
•
Kennel
L
M
L
L
L
•
Laundromat
L
L
L
L
•
•
•
•
Table 7-101 Zoning Table
Furr Property, February 2009 2
Section 7-102 Compliance with Comprehensive Plan and Intergovernmental Agreements
The extraction of fill material from the Furr property is consistent with the Garfield County
Comprehensive Plan, since it is solely used for the reconstruction of CR 204. The contract
between Garfield County and American Civil Constructors is located in Appendix A. No other
municipality applies in the area of the Furr Pit.
Section 7-103 Compatibility
The surrounding land is owned by BLM and #10 Enterprises LLC. The use of this land is
rangeland. There are no residences near the operation, or on the haul route to the reconstruction
project. The Fun Pit has a disturbed area of 11.75 acres and is located within David Furr's
property. The operation of the Furr Pit is not expected to result in an adverse impact to the
adjacent land.
Section 7-104 Sufficient Legal and Physical Source of Water
The only water to be used on site is for dust suppression and will be trucked to the site from a
permitted off site source.
Section 7-105 Adequate Water Supply
The Furr Pit does not need or have plans for any water supplied to the site from the local utility.
Section 7-106 Adequate Water Distribution and Wastewater Systems
The Furr Pit does not need or have plans for water distribution or wasterwater systems.
Section 7-107 Adequate Public Utilities
The Furr Pit does not require any service from the local public utilities.
Furr Property, February 2009 3
Section 7-108 Access and Roadways
Access for the Fun Pit uses an existing BLM easement for the Furr Property. The BLM
easement receipt is included in Appendix A. American Civil Constructors is responsible for the
repair and maintenance of the roads used during the reconstruction project. The contract between
Garfield County and American Civil Constructors in Appendix A and the Division of
Reclamation, Mining and Safety Permit application show commitment.
Section 7-109 No Significant Risk of Natural Hazards
No significant natural hazards exist near the Furr Pit.
Furr Property, February 2009 4
DIVISION 2 — GENERAL RESOURCE PROTECTION STANFDARDS FOR LAND
USE CHANGE PERMITS
Section 7-201 Protection of Agricultural Lands
The only agricultural lands to be affected by the operation are owned by David Fun. These lands
will be reclaimed to the same land use after mining. See Map E-3 for details of the reclamation
plan.
Section 7-202 Protection of Wildlife Habitat Areas
The only wildlife habitat areas to be affected by the operation are owned by David Furr. These
lands will be reclaimed to the same land use after mining. See Map E-3 for details of the
reclamation plan. The reclaimed site will provide better access for wildlife to Dry Fork Creek
from the south.
Section 7-203 Protection of Wetlands and Waterbodies
There are no wetlands within the affected area of the Furr Pit. Excavation will not occur within
the high watermark of the creek. The excavation has already occurred At the Furr property. The
only remaining earth work to occur near the creek is for the purpose of post mining stormwater
drainage. Sediment will not be allowed to leave the site and affect any waterbodies. There will
be no adverse impacts to any waterbodies due to the operation s of the Furr Pit.
Section 7-204 Protection of Water Quality from Pollutants.
The only source of pollutants introduced to the Fun Pit will be fuel and lubricants for the
equipment used for excavation and hauling. These pollutants will not be stored on site. They will
be brought to the site by a mobile maintenance truck as needed. If there is a spill it will be
contained within the pit by the stormwater isolation berm #2 until it can be cleaned up. See Map
Furr Property, February 2009 5
E -2B for the location and details of this stormwater isolation berm. All spills will be cleaned up,
the material taken off site and disposed at a permitted site for such material. All spills will be
reported to the Division of Reclamation, Mining and Safety as well as Garfield County.
Section 7-205 Erosion and Sedimentation
The Fun Pit will be able to contain a 100 year 24 hour storm event. This is accomplished
through the use of two stonnwater isolation berms. Stormwater Isolation Berm # 1 will prevent
water from entering the site from an up gradient source. Stormwater Isolation Berm #2 will
contain all the stonnwater that falls within the permit boundary of the Furr Pit. No sediment will
be allowed to leave the site and cloud any receiving waters. Stormwater Isolation Berm #2 will
prevent discharge of stormwater until vegetation is sufficient to control erosion. See Map E -2B
for locations and details of the stormwater isolation berms. Once the Fun Pit has vegetation
sufficient to control erosion, Stormwater Isolation Berm #2 will be removed.
Section 7-206 Drainage
During Mining the Fun Pit will drain the north and pool behind Stormwater Isolation Berm #2.
This pool of water will infiltrate into the pit floor and evaporate. After reclamation and the
vegetation of the Fun Pit is sufficient to control erosion, the Stormwater Isolation berm # 2 will
be removed. At this point the Fun Pit will drain the Dry Fork Creek as it did prior to mining. See
Map E -2B for locations and details of the stormwater isolation berms
Section 7-207 Stormwater Run -Off
Stormwater Isolation Berm #2 will contain all stormwater within the pit area.
Furr Property, February 2009 6
Section 7-208 Air Quality
An Air Pollution Emission Notice was submitted to the Colorado Department of Public Health
and Environment — Air Quality Control Division. CDPHE will decide if this site needs an air
pollution permit. Whether or not a permit is needed, dust will be controlled with the use of a
water truck keeping the roads and extraction area damp.
Section 7-209 Areas Subject to Wildfire Hazard
This site is not subject to wildfire hazards.
Section 7-210 Areas Subject to Natural Hazards and Geologic Hazards
The closest thing to a natural or geologic hazard would be a large storm event in the drainage
basin of the Dry Fork Creek. This hazard is not likely to occur during the time period of the
reconstruction project. If a large storm event occurs after reclamation and the water enters the
pit, the drainage channel that allows the pit to drain to the creek would allow creek water to enter
the pit. This water would only stay in the pit until the creek water level dropped bellow the
drainage channel. The vertical distance between the normal high water mark and the drainage
channel is approximately 5 feet. At this height the creek would be approximately 180 feet wide,
which is not likely even in a 100 year 24 hour event.
Section 7-211 Areas with Archeological, Paleontological or Historical Importance
This site does not have any known archeological, paleontological or historical importance.
Furr Property, February 2009 7
Section 7-212 Reclamation
1. General Reclamation Plan
The total permit area is 11.75 acres. The access road will remain through the site after
reclamation. The area of the access road is 0.49 acres. The amount of land that will be reclaimed
to rangeland is 11.26 acres. Nearly all of the land within the permit boundary will be disturbed
by either mining, roads, stockpiles, berms or equipment movement.
Reclamation will be simultaneously conducted as new areas are disturbed. It is probable that this
will occur in small increments throughout the year, by replacing topsoil in the previously
excavated areas. See Map E-3 for details. This will also help reduce the exposed land, reducing
the impact on wildlife.
2. Topsoil Replacement
The expected thickness of replacement soil, suitable for plant growth is approximately 6 inches.
Soil will be replaced in Mining Area 1 first, which will occur approximately 1-2 months into the
operation. This will not happen immediately because the operation needs the room on the pit
floor. Approximately 2,000 cy of the stockpiled topsoil will be placed within Mining Area 3 at
the end of mining. All other mining areas will be directly retopsoiled.
3. Haul Roads and Access
Portions of the road will be left in place after mining to allow access through the reclaimed site.
See Map E-3 for details.
Furr Property, February 2009 8
4. Reclamation Timetable
The timetable for reclamation is shown below in Table D-1. Reclamation Timetable
Table D-1 Reclamation Timetable
Month
Comments
Length of time to
complete (months)
2/2009
Site preparation, topsoil stripping, stockpile topsoil
and seed the stockpile.
0.1
2/2009 -
3/2009
Mine in Mining Area 1.
0.9
3/2009 -
9/2009
Mine in Mining Area 2, directly replace the topsoil
from Mining Area 2 on the previously excavated
areas within Mining Area 1. Seed topsoiled areas.
6
9/2009 -
11/2009
Mine in Mining Area 3, directly replace the topsoil
from Mining Area 3 on the previously excavated
areas within Mining Area 2. Seed topsoiled areas.
2
12/2009
Place topsoil from topsoil stockpiles on disturbed
area remaining to be topsoiled. Seed topsoiled
areas.
1
Total
10
Furr Property, February 2009 9
5. Revegetation Plan
All areas will be harrowed and drill seeded in the spring and fall with a seed mix consisting of
the following in order to control erosion:
Dry Rangeland Mix lbs. of PLS/Acre
Alkali Sacaton 3.0
Inland Saltgrass 3.0
Indian Ricegrass 2.0
Needle and Thread Grass 1.0
Western Wheargrass 3.5
Rubber Rabbit Brush 0.3
Fourwing Saltbush 0.25
Total 13.05 lbs/acre
These grasses in the dry rangeland mix have been shown to do well in the dry lowland
environment of western Colorado. Certified weed free hay or straw mulch will also be crimped
in place at the rate of 2000 lbs/acre. The entire permit area will be reclaimed to rangeland except
for the access road.
The Rubber Rabbit Brush and the Fourwing Saltbrush seeds will be drill seeded with the grasses.
The distribution of these seeds will be random.
Furr Property, February 2009 10
6. Post -Reclamation Site Drainage
The site will contain a 100 year 24 hour event. The stormwater isolation berms will hold back the
water producing a shallow pool. This pool will quickly dissipate into the pit floor or evaporate.
No drainages enter the site, but the existing diversion ditch on BLM land is small and may not be
able to prevent a 100 year event from entering the site. Stormwater isolation berm #1 on the
southern portion of the permit boundary will be left in place after reclamation. Stormwater
isolation berm #2 will be removed once vegetation within the disturbed area is sufficient to
control erosion. Stormwater will sheet flow down the side slopes (314:1Y) across the pit floor and
pool behind the isolation berm.
7. Weed Control
Weeds are minimal in the pre -mine site. Measures will be employed for control of any noxious
weed species. Control measures will also be used is growth of weed species on the reclaimed
area threatens further spread of the weeds to nearby areas. A Weed Control Plan will be utilized
as follows:
1) Each April, a weed survey will be made of the permit area.
2) If any patches or plants have been identified, they will be sprayed by backpack sprayer or
4 -wheeler using chemicals approved for use by the weed control staff of Garfield County.
3) After reclamation, weed surveys and spraying will continue until the perennial cover and
production of the site have met DRMS requirements and bond release has been obtained.
The Division and Garfield County weed control staff will be consulted regarding any weed
infestation area and any control measures prior to their initiation. The plan does not contemplate
total weed removal on the property. Past experience shows that some initial weed cover in the
first year following the retopsoiling is beneficial to the reclamation effort in rangeland site.
Weeds tend to provide shade for new grasses, are a means of holding snow on the seedbed longer
and protect it from wind and water erosion until the planted species have taken hold.
Furr Property, February 2009 11
During the removal of topsoil, if an area of heavy seed infestation is encountered, it will be
buried in the slopes rather than used as a growth medium. During all phases of the mining
operation, the permit area will be monitored closely every year which the operator is active to
determine if there are any additional weeds invading the area. If infestations of similar weeds as
are present now is experienced, the current weed control plan will continue to be used. If any
new species of weeds are found, Garfield County Weed Control Authority and the Division will
be consulted in order to formulate the best plan for the new infestation.
8. Revegetation Success Criteria
Revegetation will be deemed adequate when erosion is controlled, and the vegetation is
considered satisfactory according to Division standards.
9. Monitoring Reclamation Success
Monitoring the reclamation on an ongoing basis will assure successful reclamation. The operator
plans to use the local NRCS office to determine the capacity of the reclaimed land to control
erosion. If minor changes or modifications are needed to the seeding and reclamation plan,
revision plans will be submitted to the Division. It is hoped that the Division will provide
assistance in evaluating the success of the ongoing reclamation process. Information on all areas
disturbed and reclaimed as well as any other important items regarding the reclamation will be
submitted in the annual reports to the Division.
'10. Reclamation Bond
The bond for the site will be based upon $2,500 per acres. The site is 11.75 acres which will be
rounded to 12 acres, therefore the bond will be 12 acres x $2,500 per acre = $30,000.
Furr Property, February 2009 12
Section 7-812 Additional Standards Applicable to Mining and Extractive Uses
A. Roads
1. Impact mitigation to the road system that will handle the excavated material is
covered under the reconstruction contract between American Civil Constructors
and Garfield County. This contract is located in Appendix A.
2. Vehicle weight will comply with the restrictions placed on the roads which will
be used for this operation.
3. Seasonal traffic limitations are not expected to be needed since the roads to be
used are well constructed roads and will be maintained through out the project by
American Civil Constructors on an as needed basis.
B. Routing
1. There are no developed areas within the close proximity to the extraction site or
the road reconstruction project.
2. The timing of the hauling will be during normal operating hours of the
reconstruction project and is not expected to have a significant impact on the local
community since the area is very remote.
3. All loads of excavated material leaving the site will be covered to prevent fugitive
dust created but the haul trucks. The road surface will be treated with mag
chloride or watered with a water truck to reduce fugitive dust emissions.
Furr Property, February 2009 13
C. Wildlife
The rangeland surrounding the site provides cover and forage for wildlife, in particularly,
Dry Fork Creek. The site itself has minimal value for wildlife due to the sparse
vegetation. The final land use of rangeland will be similar if not better than the current
landscape for wildlife. Impacts to wildlife will be mitigated through a weed management
plan and reseeding the rangeland with a diverse seed mix. The Furr Pit will be active
during the winter months but only for the 2009 season. Long term impacts to winter
habitat are not expected at the Furr Pit. The site is limited to 11.75 acres and will be
reclaimed in 2009 and 2010.
D. Emergency Preparedness
A list of the local emergency response contact information will be kept with the project
supervisor as well as in the American Civil Constructors field office which is located
approximately 3 miles east of the Fun property.
Furr Property, February 2009 14
Appendix A - Additional Information
GC FORM 1992
SOLICITATION, OFFER
AND AWARD
(Construction, Alteration, or Repair)
IMPORTANT 'offer"
I. SOLICITATION
NO.
2. TYPE OF SOLICITATION
(X ) SEALED BID (IFD)
( )NEGOTIATED (RFP)
3. DATE ISSUED
October 20, 2001
PAGE OF PAGES
1 of 6
-The section on the coerce must be fully templet d by the offeror.
4.
CONTRACT NO.
GC -RB -08-C-0002
S. REQUISIT ON/PURCHASE REQUEST 6. PROJECT NO.
NO.
N/A
7. ISSUED BY CODE
Garfield Country/Purchasing Dep
Ill 817 St, STE 200
Glenwood Springs, CO 81601
8. ADDRESS OFFER TO
Se Item 7
9. FOR INFORMATION
CALL:
CALL:
A. NAME
Matthew Anderson
B. TELEPHONE NO. (Include. area code) (NO COLLECT'
CALLS
970-384-5012
SOLICITATION
NOTE: In sealed bid solicitations "offer and offeror" mean "bid" and "bidder"
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
This is a FIRM FIXED PRICE CONTRACT for the Re -Construction of County Road 204 Located in Garfield County, Co in
accordance with all specifications, drawings, terms and conditions, your bid dated 26 September 2008, and all other contract
documents.
The contract completion date will be on I May 2010, unless extended. The date for substantial completion is November 25th,
2009, unless extenned.
The Finn Fixed Priced value of this contract is $21,428,999.00.
II. The Contractor shall begin performance
proceed. This performance period is
within 7 Calendar Days & complete
by 31 Dee 2009 after receiving
award X notice to
mandatory, X negotiable.
12A. THE CONTRACTOR MUST FURNISH. ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If yes, indicate within how many clays idler award in item 12B.)
IX) YES O NO
12B. CALENDAR DAYS
7 Calendar Days
13. ADDITIONAL SOLICITATION REQUIREMENTS:
GC FORM 1992
OFFER (Must befully completed by offeror)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)
American Civil Constructors, Inc.
4901 .South Windermere SI
L.inleloo, CO 80120
15. 'fELErl1ONENO. )Include area code)
(303)795-2582
16. REMITTANCE ADDRESS (Include only If different than Ron 14)
See Item 14
17. The offer agrees to perform the work required at the prices specified below i strict accordance with the terms of the solicitation. if this Drier is accepted by
the County in wilting within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirements stated in
Item 13D. Failure to insert any number means offeror accepts the minimum in It m 13D.)
AMOUNT: Nat.Applicable
18. The offeror agrees to furnish any required performance and payment bonds.
I9. ACKNOWLEDGMENT OFAMENDI ENTS
( The offeror acknowledges receipt of amendments to the olMinna', -gi a number and date of each)
AMENDMENT NO.
DATE
20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN
YOUR OFFER(Type or prin)
20B. SIGNA" URE
20C. OFFER
DATE
AWARD (To be omplered by government
21. ITEM ACCEPTED:
22. AMOUNT
$21,428,999.00
23, ACCOUNTING AND APPROPRIATION DATA
Addressed in the Joint Participation Agreement
24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 26
(1 ORIGINAL UNLESS OTHERWISE SPECIFIED)
25. OTHER THAN FULL. AND OPEN CONIPETITION PURSUANT TO
N/A
26. ADMINISTERED BY CODE:
Garfield Country/Engineering
0375 CR 352, Bldg 2060
Rifle, CO 81650
27. PAYMENT WILL BE MADE BY CODE:
Garfield Country/Finance
108 81. St, STE 201
Glenwood Springs, CO 81601
CONTRACT ADMINISTRATOR WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
O 28. NEGOTIATED AGREEMENT (Contractor Is required to sign
this document and return to issuing office). Contractor agrees to furnish
& deliver all work, requisitions identified on this form & any continuation
sleets for the consideration slatedIn this contract. The rights &
obligations of the parties to this contract shall be governed by (a) this
contract award, (b) the toilet tenons, & (c) the clauses, representations,
certifications, & specifications or incorporated by references In or
attached to this contract.
(a) 29. AWARD (Contractor is not required to sign this document).
Your offer on this solid tatlott Is hereby accepted as to the Items listed.
This award consummates the contract, which consists of (a) the County
solicitation and your offer a ad.(b) this contract award. No further
contractual document is necessary.
30A. NAME ANDTITLE OF CONTRACTOR OR PERSON
AUTHORIZED TO SIGN (Type or print)
rr}}
PP_Holi t.. /14114 4 9! irL, S.'nm -+s'l
Virg!.
3IA. NAME OF CONTRACT ADMINISTRATOR (Type or Print)
Matthew L.And son
3(50. SI NATURE 30C. DATE
VKµwY) C..MCLOA 1 0 -30 — CP,
31B. SIGNA RE
///j
.1/ NI ir 7 I
31e. AWARD DATE
i0"17 7-4
GC FORM 1442 BA iK
ORDER FOR SUPPLIES OR SERVICES
Re -Construction of County Road 204 — GC -RB -08-C-0002
PAGE OF PAGES
Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICE QUANTITY UNIT UNIT PRICE
0001
FFP
Re -Construction of County Road 204 Located in Garfield County, Co in
accordance with all specifications, drawings, terms and conditions, your bid dated
26 September 2008, and all other attached contract documents.
Sys 1 Lump
Sum
LIQUIDATED DAMAGES
Liquidated damages for this project are as follows:
Construction Liquidated Damages
$21,428,999.00
NET AMT $21,428,999.00
3 1 6
AMOUNT
Schedule
1
Approximate
Starting Date
Oct 30, 2008
Duration
18 Months
Contract Documents and Attachments
Liquidated Damages in
(Per Working Day)
$6.000
Exhibit A
Specifications
Exhibit B
Drawings
Bid Schedule #1
Exhibit C
Exhibit D
Drainage Easement Agreement
Exhibit E
Staging Area Surface Lease Agreement
Exhibit F
AIA A201-1997 — General Conditions of the Contract for Construction
Exhibit G
Amendment to AIA A201-1997
Exhibit H
Illegal Alien Affidavit
ORDER FOR SUPPLIES OR SERVICES
PAGE OF PAGES
Re -Construction of County Road 204 — GC -RB -08-C-0002
4
6
GARFIELD COUNTY
Standard Form of Agreement Between
Owner and Contractor
THIS AGREEMENT made as of the 27'h day of October in the year Two Thousand and Eight
BETWEEN the Board of County Commissioners of Garfield County (hereinafter Owner):
Board of County Commissioners
Garfield County, State of Colorado
108 8th Street, Suite 219
Glenwood Springs, CO 81601
AND American Civil Constructors, Inc. (hereinafter Contractor):
American Civil Constructors, Inc.
4901 South Windermere St
Littleton, CO 80120
For the following Project:
Re -Construction of County Road 204
ARTICLE 1
THE CONTRACT DOCUMENTS
The contract Documents are set forth in the General Conditions.
ARTICLE 2
THE WORK
The Contractor shall perform all the work required by the Contract Documents for general construction.
ARTICLE 3
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
The Work to be performed under this Contract shall be performed commencing on the date set forth in the contract documents,
and concluding within the time limits set forth in the Contract Documents. Time is of the essence in this Agreement.
ARTICLE 4
CONTRACT SUM
The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by any
written modifications as provided In the Contract Documents, the Contract Sum of $21,428,999.00.
ARTICLE 5
PROGRESS PAYMENTS
Progress payments shall be rendered as set forth in the General and Special Conditions to this Agreement.
ORDER FOR SUPPLIES OR SERVICES
Re -Construction of County Road 204 — GC -RB -06-C-0002
PAGE OF PAGES
ARTICLE 6
5
6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when
the work has been completed, and State and Federal statutory claims have been paid or resolved, all the contract terms have
been fully performed, and a final Certificate of Payment has been issued by the Owner.
ARTICLE 7
COMP ENSATION/APPROPRIATION
The amount to be expended pursuant to this Agreement shall not exceed $21,428,999.00. The BOCC has lawfully appropriated
an amount that is equal to or in excess of the compensation set forth herein, which amount shall constitute the contract amount.
Such amount may be altered by mutual written consent of parties.
This appropriation is limited solely to the work to be accomplished during fiscal year ending December 31, 2010. The BOCC is
not obligated to make any future apportionment or allocation to this Agreement. Any work performed in excess of amounts
appropriated shall be solely the risk of the Contractor. Not withstanding any other terms of this Agreement, it is expressly
understood and agreed that: (1) Any BOCC financial obligation, whether direct or contingent, for all or any part of the work under
this Agreement, shall extend only to monies duly and lawfully appropriated and budgeted by the BOCC and irrevocably pledged
pursuant to the purposes of this Agreement; (2) The BOCC does not by this Agreement irrevocably pledge present cash
reserves for payments in this or future fiscal years; (3) This Agreement is not intended to create a multiple/fiscal year direct or
indirect financial obligation of the BOCC; (4) The obligation of the BOCC for expenditures, if any, arising during subsequent
fiscal years in which this Agreement could be extended and be in effect, shall only extend to utilization or monies appropriated
and budgeted and encumbered for the purpose of this Agreement in the fiscal year In which obligations arise; and (5) No change
order may be issued requiring compensation for work v}hich causes the aggregate payable amount under this Agreement to
exceed the amounts appropriated, budgeted and encumbered for the payment of this Agreement in the fiscal year in which such
obligations arise, unless the Contractor receives written assurance by the BOCC that lawful appropriations to cover the cost of
the additional work have been made. Any work completed for this Agreement shall be secured from harm until future monies
are appropriated so that additional work may commence. In the event any future appropriation is made by the BOCC for the
purposes of this Agreement, the BOCC will inform the Contractor in writing of any amounts appropriated for work proposed
herein and will tender a renewed or amended Agreement covering the work to be compensated by such appropriation.
ARTICLE 8
COMPENSATION/APPROPRIATION
8.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meaning designated in
those conditions
8.2 This Agreement, together with all documents forming the entire Contract form the full and complete understanding of the
parties. No agreement, statement or representation set forth outside of the written contents of those documents
shall be considered a part of this Contract.
ORDER FOR SUPPLIES OR SERVICES
PAGE OF PAGES
Re -Construction of County Road 204 - GC -RB -08-C-0002
6
6
ATTEST:
Clerk to the Board
ATTEST:
Owner:
BOARD OF C
OF GARFIEL
NTY
COUN
OMMISSIONERS
,COLORADO
By
Chairman
Contra . tor: (Type Na •t :
pti1oresrt GI:::t_ Gc,vs, at ozeJ
By: x1/421 UMOL9-1 U P
ReLd nt .tcl aLm_e)Vt Q r
(Pri
STATE OF CgC1.f )
ss.
COUNTY OF °lyre) ? /�
�Y7 The foregoing_instrument was acknowledged\ilbefore me this -SOL day of b '( p /+ 200 ' by
S ojd"j I1Or a4G- Ptt[�.t1.1- (insert title) of I>)ihfrIC24. (AVII lsicln%U(i(S Ing., (insert
corporation, partnership, etc.)
MY COMMISSION EXPIRES: )01la 2-0(a-
4 le 404.-14h tfrN\h- Co
Address of Notary
Receipt
United States Department of the Interior
Bureau of Land Management
GRAND JUNCTION FIELD OFFICE
2815 H ROAD
GRAND JUNCTION, CO, 81506
Phone: 970-244-3000
No:
Page 1 of 1
Receipt
1849783
Transaction #: 1909793
Date of Transaction: 01/05/2009
CUSTOMER:
FURR DAVID
PO BOX 186
DEBEQUE,CO 81630 US
BINE
QTY
—
DESCRIPTION
REMARKS
UNIT
TOTAL
#
01/05/2009
CHECK NO:
0
PRICE
FURR, DAVID
POBOX 186
DEBEQUE CO 81630 US
I
1.00
LANDS & REALTY MANAGEMENT / RIGHTS
OF WAY -RENTAL / R/W RENTAL-FLPMA-PD
CASES: COC 067256/$34.70
PROJECT: LUGD08000180
RECEIPT REFERENCE: 2009004295 / L630551
- n/a -
3430
TOTAL:
$34.70
PAYMENT INFORMATION
AMOUNT:
34.70 POSTMARKED:
N/A
TYPE:
CHECK RECEIVED:
01/05/2009
CHECK NO:
0
NAME:
FURR, DAVID
POBOX 186
DEBEQUE CO 81630 US
this receipt was generated by the automated BLM Collections and Billing System and is a paper representation of a portion
of the official electronic record contained therein.
http://cbsblm.gov/cgihin/cbsp/bill_search?screen_mode=bill_search 1/5/2009
Garfield County Building and Planning
I08 8th Street, Suite 401
Glenwood Springs, CO 81601
Date: 16 -Feb -09
Attn: Fred Jarman
Subject: Major Impact Review
Re: 2480 202 Road
DeBeque, CO 81630
Dear Mr. Jarman:
In accordance with the Major Impact Review application, I give American Civil
Constructors, Inc. the authority to represent myself to exercise the application and permit
process as well as the capacity to operate within my property. The authority provided to
American Civil Constructors, Inc. herein does not extend to signing applications, plats,
deeds, assignments or other recorded documents, or the permit sought in this application.
Please feel free to contact me should you have any questions or concerns regarding this
matter.
Regards,
David L. Purr
2480 202 Road
DeBeque, CO 81630
11E11 11111 11111 Illi 111111 1111 EMI III 11111 {III 1111
625156 04/15/2003 01:56P B1458 P321 M RLSDORF
1 of 2 R 11.00 0 0.00 GARFIELD COUNTY CO
SPECIAL WARRANTY DEED
EXe mP{
#10 ENTERPRISES, LLC, a Texas limited liability company, whose address is 1050
Wilcrest, Houston, TX 77042 ("Grantor"), in consideration of Ten Dollars ($10.00) and other
valuable consideration, sells and conveys to DAVID L. FURR, whose address is P.O. Box 88,
DeBeque, CO 81630 the real property ("Property") in Garfield County, Colorado, described as
follows:
Township 8 South, Range 98 West of the 6ih P.M.
Section 11:
N%2S%: EXCEPT: Beginning at the south sixteenth corner of said
Section 11 and Section 10, a pipe and 3 1/4" aluminum cap marked
"HCE INC LS19598"; thence North 00°36'06" East, a distance of
1304.89 feet to the quarter corner common to said Section 11 and
Section 10, a sandstone marked "1/4"; thence along the north line of
the north half of the south half of said Section 11 North 88°58'30"
East, a distance of 383.98 feet; thence South 01°54'05" East, a
distance of 1048.49 feet; thence South 00°36'06" West, a distance of
250.00 feet to the south line of the north half of the south half of said
Section 11; thence along said line South 88°09'44" West, a distance
of 430.00 feet to the Point of Beginning;
TOGETHER WITH all its appurtenances (except those reserved in this deed),
including without limitation, all rights to any unexpired oil, gas and other mineral
leases describing the Property.
AND RESERVING AND RETAINING TO GRANTOR all water rights, decreed or
undecreed, if any, be they direct flow, underground, well, storage and certificated and
uncertificated water shares, ditches, ditch rights and other easements appurtenant to,
belonging to, or currently or historically used in connection with or adjudicated for
use on all or any part of the above Property,
Grantor warrants title to the Property, subject to: General property taxes and assessments for
2002; easements or claims of easements not shown by the public records; rights or claims of parties
in possession not shown by the public records; any facts which a correct survey or inspection of the
Property would disclose (for example, discrepancies, conflicts, shortages in area, or encroachments),
and which are not shown by the public records; any lien or charge on account of the inclusion of the
subject property in an improvement district; reservations and exceptions contained in the United
States Patent affecting subject property; reservation of one-half of all minerals as reserved in deed
recorded January 24, 1963 in Book 346 at Page 539 and any interests therein or assignments thereof;
right of way easement granted to Rocky Mountain Natural Gas Company in instrument recorded
January 25, 1982 in Book 591 at Page 449; easement for the construction, operation and maintenance
of a pipeline as granted to Northern Natural Gas Company in instrument recorded June 18, 1982 in
Book 601 at Page 351; pipeline right of way grant conveyed to Getty Trading and Transportation in
1111111111hUhl 1111111111mi1111111Iii11111III! Ill
625156 04/15/2003 01156P B1458 P322 M f1L5DORF
2 of 2 R 11.00 D 0.00 GARFIELD COUNTY CO
instrument recorded July 5, 1983 in Book 630 at Page 14; terms and conditions of Oil and Gas Lease
by and between William T. Spears and Clara A. Spears, as Lessor and Celsius Energy Company, as
Lessee, recorded February 7, 1990 in Book 772 at Page 406 and any and all interests therein or
assignments thereof; right of way easement conveyed to Celsius Energy Company in instrument
recorded December 31, 1990 in Book 796 at Page 175; lack of a right of access to and from the land.
7
Signed this 2 Cl day of * *frtC4 , 2002.
<<<#10 ENTERPRISES, LLC, a Texas limited
liability comp
STATE OF —TEXAS
COUNTY OF AfIgk1S
) ss.
By:
Paul R. Vahldiek, Jr.
Its: Authorized Agent
The foregoing instrument was acknowledged before me thisday of MMCJ. , 2002,
by Paul R. Vahldiek, Jr., as authorized agent of #10 Enterprises, LLC.
Witness my hand and official seal.
My commission expires: g l I 0.2m6"
/� •
N.
L�I
PATRICIA S FITZGERALD
Notary Public, Slate of Texas
My Commission Expires
08-16-2005
F.\Wp18661OI2 David Puvltenicman Daeu,nenu. 21DttdAWertDeed.Y I Furt.P,on Place -04 teed
2
Garfield County Building & Planning
108 8th Street Suite 401
Glenwood Springs, CO 81601
February 16, 2009
Attn: Fred Jarman
Subject: Pre -Application Conference
Re: Major Impact Review — Furr Pit
2480 202 Road
Debeque, CO 81630
Dear Mr. Jarman,
merican
onstructors
In accordance with the Major Impact Review submittal requirements for the above
referenced property, American Civil Constructors, Inc. (ACC) would like to submit the
Pre -Application Conference attendance list and meeting minutes in lieu of Form (4-103
(A)) as ACC was unable to obtain the form.
Meeting Date: 10 -February -09 10:00 am
Location: 4301 45 Road — Debeque, CO 81630 — CR 204 Roan Creek Improvements
Construction Office Trailer
Attendees: John Brewer: Project Inspector, Wes Goff: PBS&J Engineer, Nick Polce:
ACC,: Parker Moore: ACC, Paul Evers: ACC,; Adam Orchard, ACC; Bruce Hammers,
ACC, Jeff Nelson, Garfield County; Marvin Stephens, Garfield County;
Discussion of Submittal Requirements and Procedures for the following:
1. Application Form, Application Fee and Executed Agreement for Payment
Form. How much is the application fee? Where do we submit?
2. Review requirements pertaining to Article III and Article VII of the New Land
Use Regulations (effective 1/1/2009). Please review the attached narrative
outlining our findings.
3. Reviewed requirements relating to the property owner's agreeing to a
"Statement of Authority".
4. Discussed the mapping requirements: Garfield County Assessor's Map and 8
'A x 11 vicinity map locating the parcel in the County .
Please feel free to contact me should you have any questions or concerns in regards to
this or any other project matter.
1
Regards,
Nick Pofce
Project Manager
American Civil Constructors
4901 S. Windermere St.
Littleton, CO 80120
Office: 970.283.1081
Cell: 303.419.2399
npolce@accbui It.com
2
Furr Pit - Property Owner List
Parcel: 2443-114-00-003
David Furr
2480 CR 202
DeBeque CO 81630
2443-104-00-010
#10 Enterprises LLC
Attn: Arnett Frisbie
5701 Woodway Drive
Huston TX 77057
2443-033-00-951
Bureau of Land Management
56029 Highway 6-24
Glenwood Springs CO 81601
)
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2415-271-00-006
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3 2
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LEV. 5534 B.LAI
Adjoining 2413
18
APPROVED
COUNTY ASSESSOR
0'
2500'
17
5000'
7500'
Notes:
Revision
Section 7-102 Compliance with Comprehensive Plan and Intergovernmental Agreements
The extraction of fill material from the Furr property is consistent with the Garfield County
Comprehensive Plan, since it is solely used for the reconstruction of CR 204. The contract
between Garfield County and American Civil Constructors is located in Appendix A. No other
municipality applies in the area of the Furr Pit.
Section 7-103 Compatibility
The surrounding land is owned by BLM and #10 Enterprises LLC. The use of this land is
rangeland. There are no residences near the operation, or on the haul route to the reconstruction
project. The Fun Pit has a disturbed area of 11.75 acres and is located within David Furr's
property. The operation of the Furr Pit is not expected to result in an adverse impact to the
adjacent land.
Section 7-104 Sufficient Legal and Physical Source of Water
The only water to be used on site is for dust suppression and will be trucked to the site from a
permitted off site source.
Section 7-105 Adequate Water Supply
The Furr Pit does not need or have plans for any water supplied to the site from the local utility.
Section 7-106 Adequate Water Distribution and Wastewater Systems
The Furr Pit does not need or have plans for water distribution or wasterwater systems.
Section 7-107 Adequate Public Utilities
The Furr Pit does not require any service from the local public utilities.
Furr Property, February 2009 3
Section 7-108 Access and Roadways
Access for the Furr Pit uses an existing BLM easement for the Furr Property. The BLM
easement receipt is included in Appendix A. American Civil Constructors is responsible for the
repair and maintenance of the roads used during the reconstruction project. The contract between
Garfield County and American Civil Constructors in Appendix A and the Division of
Reclamation, Mining and Safety Permit application show commitment.
Section 7-109 No Significant Risk of Natural Hazards
No significant natural hazards exist near the Fun Pit.
Furr Property, February 2009 4
DIVISION 2 — GENERAL RESOURCE PROTECTION STANFDARDS FOR LAND
USE CHANGE PERMITS
Section 7-201 Protection of Agricultural Lands
The only agricultural lands to be affected by the operation are owned by David Furr. These lands
will be reclaimed to the same land use after mining. See Map E-3 for details of the reclamation
plan.
Section 7-202 Protection of Wildlife Habitat Areas
The only wildlife habitat areas to be affected by the operation are owned by David Furr. These
lands will be reclaimed to the same land use after mining. See Map E-3 for details of the
reclamation plan. The reclaimed site will provide better access for wildlife to Dry Fork Creek
from the south.
Section 7-203 Protection of Wetlands and Waterbodies
There are no wetlands within the affected area of the Furr Pit. Excavation will not occur within
the high watermark of the creek. The excavation has already occurred At the Furr property. The
only remaining earth work to occur near the creek is for the purpose of post mining stormwater
drainage. Sediment will not be allowed to leave the site and affect any waterbodies. There will
be no adverse impacts to any waterbodies due to the operation s of the Furr Pit.
Section 7-204 Protection of Water Quality from Pollutants.
The only source of pollutants introduced to the Furr Pit will be fuel and lubricants for the
equipment used for excavation and hauling. These pollutants will not be stored on site. They will
be brought to the site by a mobile maintenance truck as needed. If there is a spill it will be
contained within the pit by the stormwater isolation berm #2 until it can be cleaned up. See Map
Furr Property, February 2009 5
E -2B for the location and details of this stormwater isolation berm. All spills will be cleaned up,
the material taken off site and disposed at a permitted site for such material. All spills will be
reported to the Division of Reclamation, Mining and Safety as well as Garfield County.
Section 7-205 Erosion and Sedimentation
The Furr Pit will be able to contain a 100 year 24 hour storm event. This is accomplished
through the use of two stormwater isolation berms. Stormwater Isolation Berm # I will prevent
water from entering the site from an up gradient source. Stormwater Isolation Berm #2 will
contain all the stormwater that falls within the permit boundary of the Furr Pit. No sediment will
be allowed to leave the site and cloud any receiving waters. Stormwater Isolation Berm #2 will
prevent discharge of stormwater until vegetation is sufficient to control erosion. See Map E -2B
for locations and details of the stormwater isolation berms. Once the Furr Pit has vegetation
sufficient to control erosion, Stormwater Isolation Berm #2 will be removed.
Section 7-206 Drainage
During Mining the Furr Pit will drain the north and pool behind Stormwater Isolation Berm #2.
This pool of water will infiltrate into the pit floor and evaporate. After reclamation and the
vegetation of the Fun Pit is sufficient to control erosion, the Stormwater Isolation berm # 2 will
be removed. At this point the Fun Pit will drain the Dry Fork Creek as it did prior to mining. See
Map E -2B for locations and details of the stormwater isolation berms
Section 7-207 Stormwater Run -Off
Stormwater Isolation Berm #2 will contain all stormwater within the pit area.
Furr Property, February 2009 6
Section 7-208 Air Quality
An Air Pollution Emission Notice was submitted to the Colorado Department of Public Health
and Environment — Air Quality Control Division. CDPHE will decide if this site needs an air
pollution permit. Whether or not a permit is needed, dust will be controlled with the use of a
water truck keeping the roads and extraction area damp.
Section 7-209 Areas Subject to Wildfire Hazard
This site is not subject to wildfire hazards.
Section 7-210 Areas Subject to Natural Hazards and Geologic Hazards
The closest thing to a natural or geologic hazard would be a large storm event in the drainage
basin of the Dry Fork Creek. This hazard is not likely to occur during the time period of the
reconstruction project. If a large storm event occurs after reclamation and the water enters the
pit, the drainage channel that allows the pit to drain to the creek would allow creek water to enter
the pit. This water would only stay in the pit until the creek water level dropped bellow the
drainage channel. The vertical distance between the normal high water mark and the drainage
channel is approximately 5 feet. At this height the creek would be approximately 180 feet wide,
which is not likely even in a 100 year 24 hour event.
Section 7-211 Areas with Archeological, Paleontological or Historical Importance
This site does not have any known archeological, paleontological or historical importance.
Furr Property, February 2009 7
Section 7-212 Reclamation
1. General Reclamation Plan
The total permit area is 11.75 acres. The access road will remain through the site after
reclamation. The area of the access road is 0.49 acres. The amount of land that will be reclaimed
to rangeland is 11.26 acres. Nearly all of the land within the permit boundary will be disturbed
by either mining, roads, stockpiles, berms or equipment movement.
Reclamation will be simultaneously conducted as new areas are disturbed. It is probable that this
will occur in small increments throughout the year, by replacing topsoil in the previously
excavated areas. See Map E-3 for details. This will also help reduce the exposed land, reducing
the impact on wildlife.
2. Topsoil Replacement
The expected thickness of replacement soil, suitable for plant growth is approximately 6 inches.
Soil will be replaced in Mining Area 1 first, which will occur approximately 1-2 months into the
operation. This will not happen immediately because the operation needs the room on the pit
floor. Approximately 2,000 cy of the stockpiled topsoil will be placed within Mining Area 3 at
the end of mining. All other mining areas will be directly retopsoiled.
3. Haul Roads and Access
Portions of the road will be left in place after mining to allow access through the reclaimed site.
See Map E-3 for details.
Purr Property, February 2009 8
4. Reclamation Timetable
The timetable for reclamation is shown below in Table D-1. Reclamation Timetable
Table D-1 Reclamation Timetable
Month
Comments
Length of time to
complete (months)
2/2009
Site preparation, topsoil stripping, stockpile topsoil
and seed the stockpile.
0.1
2/2009 -
3/2009
Mine in Mining Area 1.
0.9
3/2009 -
9/2009
Mine in Mining Area 2, directly replace the topsoil
from Mining Area 2 on the previously excavated
areas within Mining Area I. Seed topsoi led areas.
6
9/2009 -
11/2009
Mine in Mining Area 3, directly replace the topsoil
from Mining Area 3 on the previously excavated
areas within Mining Area 2. Seed topsoiled areas.
2
12/2009
Place topsoil from topsoil stockpiles on disturbed
area remaining to be topsoiled. Seed topsoiled
areas.
1
Total
10
Furr Property, February 2009 9
5. Revegetation Plan
All areas will be harrowed and drill seeded in the spring and fall with a seed mix consisting of
the following in order to control erosion:
Dry Rangeland Mix
Alkali Sacaton
Inland Saltgrass
Indian Ricegrass
Needle and Thread Grass
Western Wheargrass
lbs. of PLS/Acre
3.0
3.0
2.0
1.0
3.5
Rubber Rabbit Brush 0.3
Fourwing Saltbush 0.25
Total 13.05 lbs/acre
These grasses in the dry rangeland mix have been shown to do well in the dry lowland
environment of western Colorado. Certified weed free hay or straw mulch will also be crimped
in place at the rate of 2000 lbs/acre. The entire permit area will be reclaimed to rangeland except
for the access road.
The Rubber Rabbit Brush and the Fourwing Saltbrush seeds will be drill seeded with the grasses.
The distribution of these seeds will be random.
Furr Property, February 2009 10
6. Post -Reclamation Site Drainage
The site will contain a 100 year 24 hour event. The stormwater isolation berms will hold back the
water producing a shallow pool. This pool will quickly dissipate into the pit floor or evaporate.
No drainages enter the site, but the existing diversion ditch on BLM land is small and may not be
able to prevent a 100 year event from entering the site. Stormwater isolation berm #1 on the
southern portion of the permit boundary will be left in place after reclamation. Stormwater
isolation berm #2 will be removed once vegetation within the disturbed area is sufficient to
control erosion. Stormwater will sheet flow down the side slopes (3H:1 V) across the pit floor and
pool behind the isolation berm.
7. Weed Control
Weeds are minimal in the pre -mine site. Measures will be employed for control of any noxious
weed species. Control measures will also be used is growth of weed species on the reclaimed
area threatens further spread of the weeds to nearby areas. A Weed Control Plan will be utilized
as follows:
1) Each April, a weed survey will be made of the permit area.
2) If any patches or plants have been identified, they will be sprayed by backpack sprayer or
4 -wheeler using chemicals approved for use by the weed control staff of Garfield County.
3) After reclamation, weed surveys and spraying will continue until the perennial cover and
production of the site have met DRMS requirements and bond release has been obtained.
The Division and Garfield County weed control staff will be consulted regarding any weed
infestation area and any control measures prior to their initiation. The plan does not contemplate
total weed removal on the property. Past experience shows that some initial weed cover in the
first year following the retopsoiling is beneficial to the reclamation effort in rangeland site.
Weeds tend to provide shade for new grasses, are a means of holding snow on the seedbed longer
and protect it from wind and water erosion until the planted species have taken hold.
Furr Property, February 2009 11
During the removal of topsoil, if an area of heavy seed infestation is encountered, it will be
buried in the slopes rather than used as a growth medium. During all phases of the mining
operation, the permit area will be monitored closely every year which the operator is active to
determine if there are any additional weeds invading the area. If infestations of similar weeds as
are present now is experienced, the current weed control plan will continue to be used. If any
new species of weeds are found, Garfield County Weed Control Authority and the Division will
be consulted in order to formulate the best plan for the new infestation.
8. Revegetation Success Criteria
Revegetation will be deemed adequate when erosion is controlled, and the vegetation is
considered satisfactory according to Division standards.
9. Monitoring Reclamation Success
Monitoring the reclamation on an ongoing basis will assure successful reclamation. The operator
plans to use the local NRCS office to determine the capacity of the reclaimed land to control
erosion. If minor changes or modifications are needed to the seeding and reclamation plan,
revision plans will be submitted to the Division. It is hoped that the Division will provide
assistance in evaluating the success of the ongoing reclamation process. Information on all areas
disturbed and reclaimed as well as any other important items regarding the reclamation will be
submitted in the annual reports to the Division.
10. Reclamation Bond
The bond for the site will be based upon $2,500 per acres. The site is 11.75 acres which will be
rounded to 12 acres, therefore the bond will be 12 acres x $2,500 per acre = $30,000.
Furr Property, February 2009 12
Section 7-812 Additional Standards Applicable to Mining and Extractive Uses
A. Roads
1. Impact mitigation to the road system that will handle the excavated material is
covered under the reconstruction contract between American Civil Constructors
and Garfield County. This contract is located in Appendix A.
2. Vehicle weight will comply with the restrictions placed on the roads which will
be used for this operation.
3. Seasonal traffic limitations are not expected to be needed since the roads to be
used are well constructed roads and will be maintained through out the project by
American Civil Constructors on an as needed basis.
B. Routing
1. There are no developed areas within the close proximity to the extraction site or
the road reconstruction project.
2. The timing of the hauling will be during normal operating hours of the
reconstruction project and is not expected to have a significant impact on the local
community since the area is very remote.
3. All loads of excavated material leaving the site will be covered to prevent fugitive
dust created but the haul trucks. The road surface will be treated with mag
chloride or watered with a water truck to reduce fugitive dust emissions.
Furr Property, February 2009 13
C. Wildlife
The rangeland surrounding the site provides cover and forage for wildlife, in particularly,
Dry Fork Creek. The site itself has minimal value for wildlife due to the sparse
vegetation. The final land use of rangeland will be similar if not better than the current
landscape for wildlife. Impacts to wildlife will be mitigated through a weed management
plan and reseeding the rangeland with a diverse seed mix. The Furr Pit will be active
during the winter months but only for the 2009 season. Long term impacts to winter
habitat are not expected at the Fun Pit. The site is limited to 11.75 acres and will be
reclaimed in 2009 and 2010.
D. Emergency Preparedness
A list of the local emergency response contact information will be kept with the project
supervisor as well as in the American Civil Constructors field office which is located
approximately 3 miles east of the Furr property.
Furr Property, February 2009 14
Appendix A - Additional Information
SOLICITATION, OFFER
AND AWARD
(Construction, Alteration, or Repair)
I. SOLICITATION
NO.
2. TYPE OF SOLICITATION
(X ) SEALED RID (IFR)
( )NEGOTIATED(REP)
3. DATE ISSUED
October 20, 2008
PAGE OF PAGES
I of 6
IMPORTANT -The "offer" section on else everse must be fully complet d by she offeror.
4. CONTRACT NO.
GC -RB -08-C-0002
5. REQUISITION/PURCHASE REQUEST
NO.
N/A
6. PROJECT NO.
7. ISSUED BY CODE
Garfield Cmmtry/Pnrehasing Dep
108 8" St, STE 200
Glenwood Springs, CO 81601
8. ADDRESS OFFER TO
See Deus 7
9. FOR INFORMATION
CALL:
A. NAME
Matthew Anderson
8. TELEPHONE NO. (Include area code) (NO COLLECT
CALLS
970-384-5012
SOLICITATION
NOTE: In scaled bid solicitations "offer and offeror' mean "bid" and "bidder"
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
This is a FIRM FIXED PRICE CONTRACT for the Re -Construction of County Road 204 Located in Garfield County, Co in
accordance with all specifications, drawings, terms and conditions, your bid dated 26 September 2008, and all other contract
documents.
The contract completion date will be on I May 2010, unless extended. The date for substantial completion is November 256,
2009, unless extenned.
The Finn Fixed Priced value of this contract is $21,428,999.00.
II. The Contractor shall begin performance
proceed. This performance period is
within 7 Calendar Days & complete
by 31 Dec 2009 after receiving_ noes rd
notice to
mandatory, X negotiable.
12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE. AND PAYMENT BONDS?
(If yes, indicate within how many days after award In item 128.)
IX) YES (1NO
128. CALENDAR DAYS
7 Calendar Days
13. ADDITIONAL SOLICITATION REQUIREMENTS:
OC FORM 1442
OFFER (Must be fully completed by offeror)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)
American Civil Constructors, Inc.
4901 South Windermere St
IS. TELEPHONE NO. )Include area code)
(303) 295.2582
Littleton, CO 80120
16. REMITTANCE ADDRESS (Include only if different than item I4)
See Item 14
17. The offer agrees to perform the work required at the prices specified below i strict accordance with the terms of the solicitation, if this offer is accepted by
the County in writing withincalendardays after the date offers are due. (Insert any number equal to or greater than the minimum requirements stated in
Item 13D. Failure to insert any number means offeror accepts the minimum in It in 13D)
AMOUNT: Not Applicable
Is. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
( The offeror acknowledges receipt of amen meets to the olieitation -gi e number and date of each)
AMENDMENT NO.
DATE
20A. NASIE AND TITLE OF PERSON AUTHORIZED TO SIGN
YOUR OFFER(Type or pri t)
200. SIGNA TORE
MC. OFFER
DATE
AWARD (To be ouryleied by government)
21. ITEM ACCEPTED:
22. AMOUNT
$21,428,999.00
23. ACCOUNTING AND APPROPRIATION DATA
Addressed in the Joint Participation Agreement
24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 2¢
(I ORIGINAL UNLESS OTHERWISE SPECIFIED)
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
N/A
26. ADMINISTERED BY CODE:
Garfield Country/Engineering -
0375 CR 352, Bldg 2060
Rifle, CO 81650
27. PAYMENT WII.L BE, MADE BY CODE:
Garfield Country/Finance
108 8" St, STE 201
Glenwood Springs, CO 81601
CONTRACT ADMINISTRATOR WILL COMPLETE ITEM 28 OR 29 AS
APPLICABLE
O 28. NEGOTIATED AGREEMENT (Contractor is required to sign
this document and return to issuing office). Con tractor nines to furnish
& deliver all work, requisitions identified on this form & any continuation
sheets for the considers tion slated In this contract. The rights &
obligations of the parties to this contract shall Le governed by -(a) this
contract award, (b) the solicitations, & (c) the clauses, representations,
certifications, & specifications or incorporated by references in or
attached to this contract.
(a) 29. AWARD(Costtrnetor is not required to sign Ibis document).
Your offer on this solicitation is hereby accepted as to the lams listed.
This award consummates the contract, which consists of (a) the County
solicitation and your offer and (b) this contract award. No further
contractual document is necessary.
30A, NAME AND TITLE OF CONTRACTOR OR PERSON
AUTHORIZED 't O SIGN (Type or print)
PPHO1 1-.. M4/pa%O Vias.. 'i�ne":n
Tari
31A. NAME OF CONTRACT ADMINISTRATOR (Type or Print)
Matthew L. And son
36\\B'. SI NATURE(
Ka
�r,� I /� IIII(,
V�'\cA/w\r/t
30C. DATED�(�
i4"'ND lC
31B. S10NA URE
t/
Ir/
31e. AWARD DATE.
//1//}
4I /J
)0-/7-6\e?
GC FORM 1442 BA
ORDER FOR SUPPLIES OR SERVICES
Re-Construction of County Road 204 — GC-RB-OS-C-0002
PAGE OF PAGES
3 f 6
Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICE QUANTITY UNIT UNIT PRICE
AMOUNT
0001 Svs 1 Lump
FFP Sum
Re -Construction of County Road 204 Located in Garfield County, Co in $21,428,999.00
accordance with all specifications, drawings, terms and conditions, your bid dated
26 September 2008, and all other attached contract documents.
NET AMT $21,428,999.00
LIQUIDATED DAMAGES
Liquidated damages for this project are as follows:
Construction Liquidated Damages
Schedule
1
Approximate
Starting Date
Duration
Oct 30, 2008
18 Months
Contract Documents and Attachments
Liquidated Damages
(Per Working Day)
$6,000
Exhibit A
Specifications
Exhibit B
Drawings
Bid Schedule #1
Exhibit C
Exhibit D
Drainage Easement Agreement
Staging Area Surface Lease Agreement
Exhibit E
Exhibit F
AIA A201-1997 — General Conditions of the Contract for Construction
Exhibit G
Amendment to AIA A201-1997
Exhibit H
Illegal Alien Affidavit
ORDER FOR SUPPLIES OR SERVICES
Re -Construction of County Road 204 — GC -RB -08-C-0002
GARFIELD COUNTY
Standard Form of Agreement Between
Owner and Contractor
THIS AGREEMENT made as of the 27'" day of October in the year Two Thousand and Eight
BETWEEN the Board of County Commissioners of Garfield County (hereinafter Owner):
Board of County Commissioners
Garfield County, State of Colorado
108 e" Street, Suite 219
Glenwood Springs, CO 81601
AND American Civil Constructors, Inc. (hereinafter Contractor):
American Civil Constructors, Inc.
4901 South Windermere St
Littleton, CO 80120
For the following Project:
Re -Construction of County Road 204
PAGE OF PAGES
4
6
ARTICLE 1
THE CONTRACT DOCUMENTS
The contract Documents are set forth in the General Conditions.
ARTICLE 2
THE WORK
The Contractor shall perform all the work required by the Contract Documents for general construction.
ARTICLE 3
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
The Work to be performed under this Contract shall be performed commencing on the date set forth in the contract documents,
and concluding within the time limits set forth in the Contract Documents. Time is of the essence in this Agreement.
ARTICLE 4
CONTRACT SUM
The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by any
written modifications as provided In the Contract Documents, the Contract Sum of $21,428,999.00.
ARTICLE 5
PROGRESS PAYMENTS
Progress payments shall be rendered as set forth in the General and Special Conditions to this Agreement.
ORDER FOR SUPPLIES OR SERVICES
PAGE OF PAGES
Re -Construction of County Road 204 - GC -R13 -08-C-0002 I 6
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when
the work has been completed, and State and Federal statutory claims have been paid or resolved, all the contract terms have
been fully performed, and a final Certificate of Payment has been issued by the Owner.
ARTICLE 7
COMPENSATION/APPROPRIATION
The amount to be expended pursuant to this Agreement shall not exceed $21,428,999.00. The BOCC has lawfully appropriated
an amount that is equal to or in excess of the compensation set forth herein, which amount shall constitute the contract amount.
Such amount may be altered by mutual written consent of parties.
This appropriation is limited solely to the work to be accomplished during fiscal year ending December 31, 2010. The BOCC is
not obligated to make any future apportionment or allocation to this Agreement. Any work performed in excess of amounts
appropriated shall be solely the risk of the Contractor. Not withstanding any other terms of this Agreement, it is expressly
understood and agreed that: (1) Any BOCC financial obligation, whether direct or contingent, for all or any part of the work under
this Agreement, shall extend only to monies duly and lawfully appropriated and budgeted by the BOCC and irrevocably pledged
pursuant to the purposes of this Agreement; (2) The BOCC does not by this Agreement irrevocably pledge present cash
reserves for payments in this or future fiscal years; (3) This Agreement is not intended to create a multiple/fiscal year direct or
indirect financial obligation of the BOCC; (4) The obligation of the BOCC for expenditures, if any, arising during subsequent
fiscal years in which this Agreement could be extended and be in effect, shall only extend to utilization of monies appropriated
and budgeted and encumbered for the purpose of this Agreement in the fiscal year in which obligations arise; and (5) No change
order may be issued requiring compensation for work Which causes the aggregate payable amount under this Agreement to
exceed the amounts appropriated, budgeted and encumbered for the payment of this Agreement in the fiscal year in which such
obligations arise, unless the Contractor receives written assurance by the BOCC that lawful appropriations to cover the cost of
the additional work have been made. Any work completed for this Agreement shall be secured from harm until future monies
are appropriated so that additional work may commence. In the event any future appropriation is made by the BOCC for the
purposes of this Agreement, the BOCC will inform the Contractor in writing of any amounts appropriated for work proposed
herein and will tender a renewed or amended Agreement covering the work to be compensated by such appropriation.
ARTICLE 8
COMPENSATION/APPROPRIATION
8.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meaning designated in
those conditions
8.2 This Agreement, together with all documents forming the entire Contract form the full and complete understanding of the
parties. No agreement, statement or representation set forth outside of the written contents of those documents
shall be considered a part of this Contract.
ORDER FOR SUPPLIES OR SERVICES
Re -Construction of County Road 204 - GC -RB -08-C-0002
PAGE OF PAGES
ATTEST:
Clerk to the Board
ATTEST:
STATE 04/40114 )
COUNTY OF lJ-voR
) ss.
Owner:
BOARD OF C' NTY OMMISSIONERS
OF GARFIEL,I COUN COLORADO
By
Chairman
Contra
-)rqj-g rc4M Ctt;t.. C4vsT c%[2S
By: caArrtUMah•S✓1 u P
_ cuta.y LtiY1cz.\Qr
(Print Name)
The foregoing instrument was acknowledged before me thisau
nIr or as\\ytG R-FM641.1.,1- (insert title) of AXI.(/IC¢c. IAVII (,d4YUdr/i IA'., (insert
corporation, partnership, etc.)
6
day of beid aG - 200.K.by
6
MY COMMISSION EXPIRES: ) of I CA 2-0‘2
45(,tavlaR .i, -b- to la -0 -
Address of Notary
Receipt
United States Department of the Interior
Bureau of Land Management
GRAND JUNCTION FIELD OFFICE
2815H ROAD
GRAND JUNCTION, CO, 81506
Phone: 970-244-3000
No:
Page 1 of 1
Receipt N.
s
1849783
Transaction #: 1909793
Date of Transaction: 01/05/2009
CUSTOMER :PURR
DAVID
PO BOX 186
DEBEQUE,CO 81630 US
LINEQTY
#
l
DESCRIPTION
REMARKS
UNIT
PRICE
TOTAL
1
1.00
LANDS 8 REALTY MANAGEMENT / RIGHTS
OF WAY -REN FAL / R/W RENTAL-FLPMA-PD
CASES: COC 067256/$34.70
PROJECT: LUOD08000I80
RECEIPT REFERENCE: 2009004295 / L630551
01/05/2009
- n/a -
34.70
NAME:
PURR, DAVID
PO BOX 186
DEBEQUE CO 81630 US
TOTAL:
$34.70
PAYMENT INFORMATION
l
AMOUNT:
34.70
POSTMARKED:
N/A
TYPE:
CHECK
RECEIVED:
01/05/2009
CHECK NO:
0
NAME:
PURR, DAVID
PO BOX 186
DEBEQUE CO 81630 US
This receipt was generated by the automated BLM Collections and Billing System and -is a paper representation of a -portion
of the official electronic record contained therein.
http://cbs.blm.gov/cgibin/cbsp/bill_search?screen_mode=bill_search 1/5/2009
Garfield County Building and Planning
108 8'' Street, Suite 401
Glenwood Springs, CO 81601
Date: 16 -Feb -09
Attn: Fred Jarman
Subject: Major Impact Review
Re: 2480 202 Road
DeBeque, CO 81630
Dear Mr. Jarman:
In accordance with the Major Impact Review application, I give American Civil
Constructors, Inc. the authority to represent myself to exercise the application and permit
process as well as the capacity to operate within my property. The authority provided to
American Civil Constructors, Inc. herein does not extend to signing applications, plats,
deeds, assignments or other recorded documents, or the permit sought in this application.
Please feel free to contact me should you have any questions or concerns regarding this
matter.
Regards,
iwaX '
David L. Furr
2480 202 Road
DeBeque, CO 81630
1111111111111111111] 111111 11111111111 III 11111 NII IIII
625156 04/15/2003 01:56P 61458 P321 M ALSDORF
1 of 2 R 11.00 D 0.00 GPRFIELD COUNTY CO
SPECIAL WARRANTY DEED
EXe Inc*
#10 ENTERPRISES, LLC, a Texas limited liability company, whose address is 1050
Wilcrest, Houston, TX 77042 ("Grantor"), in consideration of Ten Dollars ($10.00) and other
valuable consideration, sells and conveys to DAVID L. FURR, whose address is P.O. Box 88,
DeBeque, CO 81630 the real property ("Property") in Garfield County, Colorado, described as
follows:
Township 8 South, Range 98 West of the 61° P.M.
Section 11: N''/2S%2 EXCEPT: Beginning at the south sixteenth corner of said
Section 11 and Section 10, a pipe and 3 1/4" aluminum cap marked
"HCE INC LS19598"; thence North 00°36'06" East, a distance of
1304.89 feet to the quarter corner common to said Section 11 and
Section 10, a sandstone marked "1/4"; thence along the north line of
the north half of the south half of said Section 11 North 88°58'30"
East, a distance of 383.98 feet; thence South 01°54'05" East, a
distance of 1048.49 feet; thence South 00°36'06" West, a distance of
250.00 feet to the south line of the north half of the south half of said
Section 11; thence along said line South 88°09'44" West, a distance
of 430.00 feet to the Point of Beginning;
TOGETHER WITH all its appurtenances (except those reserved in this deed),
including without limitation, all rights to any unexpired oil, gas and other mineral
leases describing the Property.
AND RESERVING AND RETAINING TO GRANTOR all water rights, decreed or
undecreed, if any, be they direct flow, underground, well, storage and certificated and
uncertificated water shares, ditches, ditch rights and other easements appurtenant to,
belonging to, or currently or historically used in connection with or adjudicated for
use on all or any part of the above Property,
Grantor warrants title to the Property, subject to: General property taxes and assessments for
2002; easements or claims of easements not shown by the public records; rights or claims of parties
in possession not shown by the public records; any facts which a correct survey or inspection of the
Property would disclose (for example, discrepancies, conflicts, shortages in area, or encroachments),
and which are not shown by the public records; any lien or charge on account of the inclusion of the
subject property in an improvement district; reservations and exceptions contained in the United
States Patent affecting subject property; reservation of one-half of all minerals as reserved in deed
recorded January 24, 1963 in Book 346 at Page 539 and any interests therein or assignments thereof;
right of way easement granted to Rocky Mountain Natural Gas Company in instrument recorded
January 25, 1982 in Book 591 at Page 449; easement for the construction, operation and maintenance
of a pipeline as granted to Northern Natural Gas Company in instrument recorded June 18, 1982 in
Book 601 at Page 351; pipeline right of way grant conveyed to Getty Trading and Transportation in
111111 11111 111111 1111 111111 Ill! [lilt III 11111 1111 1111
625156 04/15/2003 01:56P 81458 P322 M RLSDORF
2 of 2 R 11.00 D 0.00 GARFIELD COUNTY CO
instrument recorded July 5, 1983 in Book 630 at Page 14; terms and conditions of Oil and Gas Lease
by and between William T. Spears and Clara A. Spears, as Lessor and Celsius Energy Company, as
Lessee, recorded February 7, 1990 in Book 772 at Page 406 and any and all interests therein or
assignments thereof; right of way easement conveyed to Celsius Energy Company in instrument
recorded December 31, 1990 in Book 796 at Page 175; lack of a right of access to and from the land.
Signed this -4O day of /y%s's'C4 2002.
#10 ENTERPRISES, LLC, a Texas limited
liability comp
STATE OF ` IEJ(4S
COUNTY OF f-kwgis
) ss.
By:
Paul R. Vahldiek, Jr.
Its: Authorized Agent
The foregoing instrument was acknowledged before me thisday of
by Paul R. Vahldiek, Jr., as authorized agent of #10 Enterprises, LLC.
Witness my hand and official seal.
My commission expires: g' i to/oW
oak
PATRICIA S FITZGERALD
Notary Public, Slate of Texas
My Commission Expires
OEM 6.2005
F \W$1166TUI2 David Fu.r Seukmrnl Documents • Mooch \WurDud-MIO to Fun.Fmn PI¢e04 ayJ
2
Pima
, 2002,
Notary Public
Garfield County Building & Planning
108 8th Street Suite 401
Glenwood Springs, CO 81601
February 16, 2009
Attn: Fred Jarman
Subject: Pre -Application Conference
Re: Major Impact Review — Furr Pit
2480 202 Road
Debeque, CO 81630
Dear Mr. Jarman,
m_ erican
lvi'
onstructors
In accordance with the Major Impact Review submittal requirements for the above
referenced property, American Civil Constructors, Inc. (ACC) would like to submit the
Pre -Application Conference attendance list and meeting minutes in lieu of Form (4-103
(A)) as ACC was unable to obtain the form.
Meeting Date: 10 -February -09 10:00 am
Location: 4301 45 Road — Debeque, CO 81630 — CR 204 Roan Creek Improvements
Construction Office Trailer
Attendees: John Brewer: Project Inspector, Wes Goff: PBS&J Engineer, Nick Polce:
ACC,: Parker Moore: ACC, Paul Evers: ACC,; Adam Orchard, ACC; Bruce Hammers,
ACC, Jeff Nelson, Garfield County; Marvin Stephens, Garfield County;
Discussion of Submittal Requirements and Procedures for the following:
1. Application Form, Application Fee and Executed Agreement for Payment
Form. How much is the application fee? Where do we submit?
2. Review requirements pertaining to Article III and Article VII of the New Land
Use Regulations (effective 1/1/2009). Please review the attached narrative
outlining our findings.
3. Reviewed requirements relating to the property owner's agreeing to a
"Statement of Authority".
4. Discussed the mapping requirements: Garfield County Assessor's Map and 8
%z x 11 vicinity map locating the parcel in the County .
Please feel free to contact me should you have any questions or concerns in regards to
this or any other project matter.
1
Regards,
Nick P ce
Project Manager
American Civil Constructors
4901 S. Windermere St.
Littleton, CO 80120
Office: 970.283.1081
Cell: 303.419.2399
npolce(cJ,accbuilt.com
2
Book 437
Page 126
11:38 A. October 25, 1972.
Reception No -.....5_2Z26. Ella wtephens, _._...
,Reeorde.
THIS DEED, Made this 2nd day -of October
1972 , between
JAMES L. UPI3OFF and ELEANOR A. UPHorF
of the County of Garfield and State of
Colorado, of the first part, and
ERWIN;P. KNIRLBERGER and ANNA R. KNIRLBERGER
of the a Count; of Pitkin and State of Colorado, of the secbnd part:
$WITNESSETH, that the said partie Sof the first part,for and in consideration of the sum of
Zfen Dollars . and..; other .:good _and_Valuable.,tolAldeti`s.is2l1,s.,.. 2
to the said part ieSof the first part m hand paid by the said parties of the second part, the receipt whereof is
hereby confessedand acknowledged, have granted, bargained, soldand conveyed, and by these presents do
grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not
in tenancy in common but in joint tenancy, all the following described lot - or parcel of land, situate, lying ana
being in the Count; of Garfield . -: and State of Colorado, to wit:
The NE,SWd, SW1/4sE1/4, SE#SW,,of:Section n, T.. 6 S., R. 98 W., 6th P.M.
TheSWINE', NWITZE and Lot 3,:Section- 4, T4 7"S.,.R. 98 W. of the
6th-p443,e ccept; that 'part of said GO1/414E1/4 lyifig .Ea`st 'of Cerner of
clla'•$li X r ,Roan Creek as conveyed out by Document No. 70005.
'lie ,$F'*. pf- `ition 1, T. - 6 S., . R. 100 W. of the 6th P.M., containing
16<0`lat±e's'2 -
,$ub}-eet to 3.or mineral reservations ofrecord,: easements and -rights
efy._way p -f di5lic record; provisions of agreement as to location of
boiftd xy 14ies as appears in. the Garfield County, records as Document
No. °2'3,4324, 13ook 380 at Page 61.
Tither,saiith-a11-: water attd,;,
tenant to the above described property, including but not limited
to the following:
RECORDER'S STAMP
STATE LDCUME9:sihRil-FE.
OCT 251972
1/4 of 9.7 cubic feet of water per second„ f, time under. Priority No.
147AA in the H.V.C. and. S. Ditch, together with an interest in the
Arkansas Ditch, Himebaugh bitch, Franklin itch: No..1.and.the:_
Franklin Ditch -No. 2. -
There is also hereby conveyed the following"Bu±edu of Land Manage-
ment grazing permits describedr; as: '-27 head from 5/15 to 7/20 and
`37 head from l0/16 "to- 11/2.6;..anti 59 head f i> 7/21" ttr ,10/15.
Page 127
TO HAVE AND TO HOLD the said premises; above bargained and described, with the appurtenances, unto the
said parties of the second part, Their heirs and assigns forever. And the said parties of the first part, for
them selves theidheirs, executors, and adtpinlsttatore,.,,do covenant, grant, bargain and agree to
and with the said parties of the second part, their Heirs and assigns, that at the time of the ensealing and delivery
of these presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute
and indefeasible estate of inheritance in law, in fee simple, and have good right, full power and lawful authority
to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from
all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature,
soever,-Except taxes for 1972 due and payable in 1973 which the grantee
assumes to pay.
and the above bargained premises in thequietpeaceable possession of the said parties of the second part, their
heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof,
the said parties, of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hands and
seals : the day'and year first above written.
Signed, Sealed and Delivered in. the Presence of
lades L. Up1+F [SEAL],
Qre-04/ [SEAL]
[SEAL]
Eleanor. A. Upho
•
• zA E O --C oBADftt.;
County of GARP'
instraihent was acknowledged before me. this: •t . c �' ` day. of October
ES L. 1HOFF and ELEANOR A. UPHOFF
n-€xpirea:- - , 11 Witness my handl-and official seal,
-e4M-]ihkgral person or persons here Insert name or name;; ff by penionn pocifir 1n rep�++ieatnn{ativeor official capatlty or as attorney4n-fact,
then inenciii tame of person as executor, att&ney-fil fMet or. other Qapaeity erpdescnptionr if by officer of corporation, then insertnatneedf seek -
officer or officers, as the president or other officers of such corporation, naminfi;it.
GARFIELD COUNTY ASSESSOR
JOHN GORMAN
109 8TH STREET, STE 207
GLENWOOD SPRINGS, CO: 81601
DATE ay 1, 2007
Min , OTICE OF VALUATION
APPEAL FORM
RETURN TO ASSESSOR
SCHEDULE/ACCOUNT NUMBER
TAX YEAR IL AX AREA CODE
PROPERTY DESCRIPTION (MAY NOT BE COMPLETE)
R290098
KNIRlBERGER, ERWIN P.
PG BOX, 42
D$ BEQUEC9`8TS30 0844
029
241304200003
SECT,TWN,RNG:4-7-98 OESC: SEC 33-6-98 N
ESW4 SWSE„SESW SEC.4.7-984- LOT 2 THAT D
ESC. PT W OF•ROAN ER, LOTS NWSE,SWNE C
ONT 32 AC. LYING' DESSC` W OF ROAN CR. EX
TYPE OF PROPERTY
PRIOR YEAR ACTUAL VALUE CURRENT YEAR ACTUAL VALUE
+OR—CHANGE
AGRICULTURAL LAND
AGRICULTURAL IMPROVEMENTS
AGRICULTURAL RESIDENTIAL
NE 7 flute/
70 G' 5,.;. %g V
3 c'. c—/oA)4,i. 7 S; b5'or Vitt Cia h
�'`�
S ti/ 'j4- vr” `lam
/V 7 SG 744 A iv
;0
LAND SIZE
# OF BUILDINGS ON FILE
BUILDING # 1 CHARACTERISTICS DISPLAYED
OPERTY '" ' 4RACTERISTI CS
a
Architectural Style 1-STRY/BSM
Bedroom(s) 3
Type of heat NONE
Heated(Flnlshed) Sq-Ft:of Building 1567
Roof Covering COMP SNNGL�
,of Structure GABLE
Actual Year Built 1935
if property has more than one building, pleaseseethe Assessor.
PLEASE REFER TO THE BACK OF THIS FORM FOR INFORMATION ON HOW TO APPEAL YOUR PROPERTY VALUATION OR ITS CLASSIFICATION.
0179418WW1 00020Fs002
Operator:
Operation:
Permit No: .
PERFORMANCE WARRANTY
American Civil Constructors, Inc.
titeGeMp
MAR 02 2009
pivision of Redaate on.
Mining and Safety
M. aOpel -On
Erwin Pit
This fonts has been approved by the Mined Land Reclamation Board pursuant to sections 34-32-117, C.R.S., of
the Mined Land Reclamation Act and 34-32.5-117, C.R.S., of the Colorado Land Reclamation Act for the
Extraction of Construction Materials. Any alteration or modification of this form, without approval by the
Board shall result in the financial warranty being invalid and result in the voiding of any permit issued in
conjunction with such invalid financial warranty and subject the operator to cease and desist orders and civil
penalties for operating without a permit pursuant to sections 34-32-123, C.R.S., ofthe Mined Land Reclamation
Act and 34-32.5-123, C.R.S., of the Colorado Land Reclamation Act for the Extraction of Construction
Materials.
KNOW ALL MEN BY THESE PRESENTS, THAT:
WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et sem, . (the "Act"), as amended,
and the Colorado Land Reclamation Act for the Extraction of Construction Materials, C.R.S. 34-32.5-101 et seg.
(the "Act"), as amended, provides that no permit may be issued under the Act until the Mined Land Reclamation
Board (the "Board") receives a performance warranty (or warranties) that is a written promise to comply with all
applicable requirements of the Act.
WHEREAS, American Civil Constructors (the "Operator"), has applied for a permit to
conduct a mining operation known as Erwin Pit (the "Operation") on certain lands
in Garfield County, Colorado. Theselands are described in the permit application, as amended
and supplemented, and are referred to herein as the "Affected Lands".
WHEREAS, in its application for the permit, the Operator has agreed to be bound by all requirements of the
Act and all applicable rules and regulations of the Board, as amended from time to time.
WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs of reclamation
with regard to those affected lands in Garfield County which are now or may become subject to
the permit are those amounts for the stated periods of time as set forth in the financial warranty, which may be
amended from time to time to reflect revised estimates of said costs of reclamation.
WHEREAS, the Operator hereby gives the Board a performance warranty pursuant to Section 34-32-117(2)
or Section 34-32.5-117(2) of the Act, and herein promises the Board that it will comply with all applicable
requirements of the Act with regard to those Affected Lands.
NOW, THEREFORE, the Operator hereby promises the Board that it will comply with all applicable
requirements of the Act and rules and regulations of the Board with respect to the Affected Lands.
FURTHER, the Operator hereby promises the Board that it will comply with all of the terms of the
application for a permit, as amended and supplemented, as well as any conditions attached to the permit by the
Board.
FURTHER, the Operator promises the Board, pursuant to 34-32-112(2)(d) or 34-32.5-112(1)(c)(iv) of the
Act, that it has the lawful authority to enter upon the Affected Lands to conduct mining operations, including, but
not limited to, reclamation. The Operator further recognizes the right of the Board to enter to reclaim lands affected
by the operation.
The description of lands herein is for convenience of reference only, andno error in such description, nor any
revision of the permitted mining area, nor the disturbance by the Warrantor of lands outside of the permitted mining
area shall alter or diminish the Operator's obligation hereunder, which shall extend to the reclamation of all such
lands disturbed.
The obligation of the Operator hereunder is such that, if the Operator shall successfully comply with the
requirements of the Act, applicable rules and regulations, and the permit, then the Board, upon a finding that the
Operator has so complied, shall release this performance warranty, and the Operator from its obligation hereunder,
to the extent that the Board determines that such compliance has been accomplished. The obligation of the Operator
hereunder shall continue until released in whole or in part by the Board in accordance with applicable law.
In further satisfaction of the requirements of the Act, the Operator promises to be responsible for the cost of
reclamation up to the amount established by the Board and has attached hereto its financial warranty, which may be
amended from time to time. The Operator agrees that it will maintain a financial warranty (or warranties) for the
estimated costs of reclamation in good standing for the entire life of the permit. Please note that under the
provisions of the Colorado Mined Land Reclamation Act and the Colorado Land Reclamation Act for the Extraction
of Construction Materials, any Applicant or Operator that submits proof, acceptable to the Board or Division of
Reclamation, Mining, and Safety, that an Applicant or Operator is a unit of County or Municipal government, or is a
department or division of State government, the Applicant or Operator is not required to submit or post any other
instrument of financial responsibility but hereby promises to be responsible for the cost of reclamation up to the
amount specified by the Board.
If the Board determines that the Operator is in default under this performance warranty and has failed to cure
such default, although written notice of such default and ample time to cure such default have been given, the
Operator's financial warranty shall be subject to forfeiture.
This perform?nce warranty may be executed in multiple copies, each of which shall be treated as an original,
but together they constitute only one agreement, the validity and interpretation of which shall be governed by the
laws of the State of Colorado.
-3 -
The provisions hereof shall bind and inure to the benefit of the parties hereto and their successors -and assigns.
-1-k
SIGNED, SEALED AND DATED this f Z day of 1-M8eusae Y
Ar eeic4M CaUwC. CON Ste c;,
Operator II ; u
By fie..w ,
Title: ieNwt c,.flcc: MtAnx4Cat`C_.
NOTARIZATION OF OPERATOR'S ACKNOWLEDGEMENT
STATE OF (-9IO✓ri4 )
) ss.
COUNTY OF /A (irg(AihdC )
The foregoing instrument was acknowledged before me this ��� day of rfivaLali/� aOO'I , by
6 a (..0 ka n n cS as Cr)14 / (nUL4 �Mdt i Aj r of JCYlf irl n ✓✓(l vi t (pn&S'ucknrs,
Ni111�si[e9
g*i Foci
% s°UBL%O '
APPROVED: 00 'CaF�10pOQpe�°�\
State of Colorado--rssion Exekt05
Mined Land Reclamation Board
Division of Reclamation, Mining, and Safety
NOTARY PUBLIC
My Commission expires: 61 t ` &C ta
By: Date:
Division Director
Greg Lewicki And Associates
11541 Warrington Court Phone (303) 346-5196 Fax: (303)-346-6934
Parker, CO USA 80138 E-Mail:info@lewicki.biz
February 20, 2009
Garfield County Clerk and Recorder
108 8th Street, Suite 200
Glenwood Springs, CO 81601
Dear Clerk and Recorder:
Please see that the enclosed 111 permit application for the fill material excavation site know as
the Erwin Pit. This application needs to be placed on public file. The Colorado Division of
Reclamation, Mining, and Safety needs evidence that you received this application. Therefore,
please sign and date below and email or fax this signed page. Please call me if there are any
questions. Thank you.
Sincerely,
Ryan Ellis
Greg Lewicki and Associates
(303) 880-6690
Fax: (303) 346-6934
Email
This application was received on the following date: CU C R a cQ ci Q
By: �C7CO Q - '/ a -,vk r(
Erwin Pit, February 2009 I-2
G reg Lewicki And Associates
11541 \1 arriugtou Court Phone (303) 346-5196 Fax: (303)-346-6934
E-31ail:info(glewirki.biz
Parker, CO USA 80138
February 16, 2009
Colorado Department of Public Health and Environment
Air Pollution Control Division
4300 Cherry Creek Drive South
Denver, Colorado 80246-1530
(303) 692-3150
RE: Erwin Pit APEN
The Included APEN is for the Erwin Pit which is located in Section 33 Township 6 south Range
98 West in Garfield County Colorado. This site has been disturbed by American Civil
Constructors for the extraction of fill material for use in the improvement of Roan Creek Road.
The road improvement project is permitted through Garfield County. We are currently working
on a reclamation permit for this site as well as other permits needed for mining. As stated in the
APEN, we are hoping to be back hauling material from this site in the middle of March 2009. I
know that this is a fast turn around but we would greatly appreciate a timely review of this
APEN.
Please give me a call if there are any questions or additional information needed.
Sincerely
Ryan Ellis, Greg Lewicki and Associates
(303) 880-6690
Colorado Department of Public Health and Environment
Air Pollution Control Division
- MINING OPERATIONS -
GENERAL INSTRUCTIONS FOR
FUGITIVE PARTICULATE AIR POLLUTANT EMISSION NOTICE / CONTROL PLAN
Complete only those sections of this form which are applicable to your operation. All data given, such as
production rates, topsoil removal, etc., should be for that period of 12 months that is expected to have the
greatest amount of activity, usually for the first year. Emissions will be calculated in terms of pounds per day
and tons per year of particulates generated. Also, please submit the following, if available:
I. A map showing site location and boundaries, haul roads, and nearby residences or commercial
structures.
2. Production schedule.
3. Schematic of the operation.
4. Engineering or manufacturing data on control equipment.
PERMITS REQUIRED
Fugitive Particulate Emission Permits are issued for site-specific activities, such as mining, storage of
materials, haul road activities, etc.
The Division will use the information submitted on this form to estimate emissions from the activity.
Any processing equipment, such as a crusher, screen, concrete batch plant, or asphalt plant is considered to be
portable and requires a separate permit application, Air Pollution Emission Notice, and filing fee.
This aids the applicant by requiring only a revised Air Pollution Emission Notice for Relocation, whenever the
equipment is moved to a new site.
FEES
A filing fee of $152.90 shall accompany each Air Pollution Emission Notice / Control Plan filed with a permit
application. Permit processing fees will be charged for the amount of time the Division spends evaluating the
permit application. These fees, (currently $59.98 per hour) plus any required public notice fees, must be paid
before an Initial Approval Permit will be issued. Once the project has commenced operation, the source has
180 days to certify compliance with the permit conditions. Once the source has self -certified, Final Approval
processing will begin. Final Approval Permit processing fees must be paid before the Final Approval Permit is
issued.
For more information or assistance call:
Small Business Assistance Program
(303) 692-3148
Small Business Ombudsman
(303)692-2135
Revised September 2004 http://www.cdphe.state.co.us/ap/stationary.html
Colorado Department of Public Health and Environment
Air Pollution Control Division
- MINING OPERATIONS -
THIS PAGE INTENTIONALLY LEFT BLANK
Revised September 2004 http://www.cdphe.state.co.us/ap/stationarv.html
Colorado Department of Public Health and Environment
Air Pollution Control Division Page 1 of 6
- MINING OPERATIONS -
Mr Pollutant Emission Notice (ADEN) — and — Application for Construction Permit
- and — Fugitive Particulate Emissions Control Plan
® New Facility ❑ Transfer of Ownership * ❑ Change in Production 0 No Change, APEN Update Only
All sections of this APEN and application must be completed prior to submittal to the Division for both new and existing
facilities. An application with missing information may be determined incomplete and may result in longer engineer
processing times.
* Note: For transfer of ownership or company name change of a permit, you must also submit a Construction Permit
Application form.
Permit Number AIRS Number
Company Name: American Civil Constructors
Pit/Mine Name: Erwin Pit County: Garfield
Pit/Mine Location: 0.5 mile west of Clear Creek Road on CR 204
Billing Address: 4901 South Windermere Zip Code; 80120
Littleton, CO
Person to Contact: Nick Polce Phone Number: (970) 283-1081
E -Mail Address: npolce@accbuilt.com Fax Number: (303) 347-1844
Please provide description of the activity: (Also, please provide a site map)
Excavation of fill material with an excavetor and loading 21 ton 18 wheel belly dump trucks.
Stockpiling of topsoil and reclamation of the site
Job Duration: Jan 2009 - Dec 2009
If facility is NOT yet constructed:
What is the projected start-up date? 03/01/09
Normal Operation of this Source:
10 Hours per day 6 Days per week 52 Weeks per year
Seasonal Throughput (% of Annual):
Dec - Feb 25 Mar - May 25 June - Aug 25 Sept - Nov 25
Estimated Maximum Annual Production: 90,000 Tons Per Year
Commodity Produced: (Please be consistent with the Division of Minerals and Geology permit)
❑ Aggregate / Sand and Gravel
❑ Stone
❑ Coal
❑ Minerals or Metals Type:
® Other: Fill Dirt
Revised September 2004 httn://www.cdphe.state.co.us/an/stationary.html
Colorado Department of Public Health and Environment
Air Pollution Control Division
- MINING OPERATIONS -
ESTIMATED EMISSIONS
NYear For Which Actual Data Applies:
Pollutant
Estimated Emissions
(tons/yr) at throughputs
requested
i
1 Actual Emissions
From Data Year
Estimation
Method
Controlled
Uncontrolled
Particulate
PM -1 0
A. TOPSOIL REMOVAL
Maximum Tons Removed Per Day
Tons Removed Per Year:
1,000
4,500
Proposed Controls For Topsoil Removal:
® Moist Material
0 Water Spray
0 Other (specify)
B. TOPSOIL STOCKPILE(S)
Maximum Stored At One Time: 4,500 Tons
Proposed Controls For Topsoil Stockpile:
❑ Watering Times/Day
❑ Chemical Stabilizer
❑ Compacting Of Piles
❑ Enclosures Type:
Revegetation
❑ Other (specify)
Page 2 of 6
(Complete or Partial)
Revegetation Must Occur Within One Year Of Soil Disturbance
C. OVERBURDEN REMOVAL
Equipment Used For Removal: Scraper, Dragline, or Both
Maximum Tons Removed Per Day By Dragline: N/A
Tons Removed Per Year By Dragline:
Number Of Scraper Hours Per Day:
Number Of Scraper Hours Per Year:
Proposed Controls For Overburden Removal:
❑ Moist Material
❑ Water Spray
0 Other (specify)
Revised September 2004 http://www.cdphe.state.co.us/ap/stationary.html
Colorado Department of Public Health and Environment
Air Pollution Control Division Page 3 of 6
- MINING OPERATIONS -
D. OVERBURDEN STOCKPILE(S)
Maximum Stored At One Time N/A Tons
Proposed Controls For Overburden Stockpile:
❑ Watering Times/Day
o Chemical Stabilizer
O Compacting Of Piles
❑ Enclosures (Complete or Partial)
❑ Revegetation Revegetation Must Occur Within One Year Of Soil Disturbance
o Other (specify)
E. DRILLING
Number Of Holes Drilled Per Day: N/A
Number Of Holes Drilled Per Year:
Proposed Controls For Drilling:
❑ Water Injection
❑ Chemical Stabilizer
❑ Bag Collectors
❑ Other (specify)
F. BLASTING
Number Of Blasts Per Day:
Number Of Blasts Per Year:
Type of Blasting Material Used:
Tons of Blasting Material Used:
Hours Of Emissions Per Day:
N/A
G. RAW MATERIAL REMOVAL
Maximum Tons Removed Per Day: 4,500
Tons Removed Per Year: 90,000
Drop Height: 4 Feet
Specify Moisture Content: %, (if known)
Proposed Controls For Raw Material Removal:
® Moist Material
❑ Water Spray
❑ Other (specify)
H. RAW MATERIAL STOCKPILE(S)
Maximum Stored At One Time: N/A
Proposed Controls For Raw Material Stockpile:
❑ Watering Times/Day
❑ Chemical Stabilizer
❑ Compacting Of Piles
❑ Enclosures Type:
❑ Revegetation
❑ Other (specify)
(Complete or Partial)
Revegetation Must Occur Within One Year Of Soil Disturbance
Revised September 2004 http://www.cdphe.state.co.us/ap/stationary.html
Colorado Department of Public Health and Environment
Air Pollution Control Division Page 4 of 6
- MINING OPERATIONS -
I. PROCESSING
Will processing (i.e., crushing, screening, etc.) occur on site?
No
NOTE: ALL PROCESS EQUIPMENT REQUIRES A SEPARATE PERMIT APPLICATION AND
APEN.
PRIMARY CRUSHING
Maximum tons crushed per year: N/A
Maximum tons crushed per hour:
Hours of crushing per day:
Proposed Controls:
❑ Moist Material
❑ Water Spray
0 Enclosure Type:
❑ Other (specify)
Tons
Tons
SECONDARY CRUSHING
Maximum tons crushed per year: N/A Tons
Maximum tons crushed per hour: Tons
Hours of crushing per day:
Proposed Controls:
❑ Moist Material
❑ Water Spray
❑ Enclosure Type:
0 Other (specify)
J.
SCREENING/CLASSIFYING
Maximum tons screened per year:
Maximum tons screened per hour:
Hours of screening per day:
Proposed Controls:
O Moist Material
O Water Spray
❑ Enclosure Type:
❑ Other (specify)
N/A Tons
Tons
RESCREENING/CLASSIFYING
Maximum tons screened per year:
Maximum tons screened per hour:
Hours of screening per day:
Proposed Controls:
❑ Moist Material
❑ Water Spray
❑ Enclosure Type:
❑ Other (specify)
CONVEYORS/TRANSFER POINTS
Tons Of Material Conveyed Per Year
Tons Of Material Conveyed Per Day
Proposed Controls
❑ Enclosure Type:
['Other (specify)
Number Of Transfer Points :
Proposed Controls
❑ Enclosure Type:
❑ Water Spray
❑ Chemical Stabilizer
❑ Other (specify)
N/A
(Indicate On A Separate Diagram How Conveyor System Is Set Up)
Revised September 2004
Tons.
Tons.
N/A Tons
Tons
(Complete or Partial)
(Complete or Partial)
http://www.cdphe.state.co.us/ao/stationarv.hnnl
Colorado Department of Public Health and Environment
Air Pollution Control Division Page 5 of 6
- MINING OPERATIONS -
K. FINISHED PRODUCT STOCKPILE(S)
Maximum Stored At One Time: N/A Tons
Proposed Controls For Finished Product Stockpile:
❑ Watering
❑ Chemical Stabilizer
❑ Compacting Of Piles
❑ Enclosures Type:
❑ Revegetation
❑ Other (specify)
Times/Day
(Complete or Partial)
Revegetation Must Occur Within One Year Of Soil Disturbance
L. RAW MATERIAL TRANSPORT FROM REMOVAL SITE TO STOCKPILE(S)
Haul road distance (one way) N/A Feet
Road surface silt content (if known)
Posted speed limit on haul road m.p.h.
❑ Watering
❑ Frequent (Watering Frequency of 2 or More Times Per Day)
❑ As Needed
❑ Chemical Stabilizer
❑ Gravelling
Other:
Vehicle Type Capacity Empty Weight
1 I8 -Wheelers Tons Tons
2 10 -Wheelers Tons Tons
3 4 -Wheelers Tons Tons
4 Tons Tons
M. FINISHED PRODUCT TRANSPORT (ON SITE)
No. Of Trips Per/Day
Amount of material for off-site transfer: 90,000 Tons per year
On-site haul road distance (one way) 150 Feet
Road surface silt content (if known)
Posted speed limit on-site: 15 m.p.h.
❑ Watering
• Frequent (Watering Frequency of 2 or More Times Per Day)
O As Needed
❑ Chemical Stabilizer
❑ Gravelling
❑ Paving
Other:
Vehicle Type Capacity Empty Weight No. Of Trips Per/Day
1 18 -Wheelers 21 Tons 25 Tons 215
2 10 -Wheelers Tons Tons
3 4 -Wheelers Tons Tons
4 Tons Tons
Revised September 2004 http://www.cdphe.state.co.us/ap/stationary.html
Colorado Department of Public Health and Environment
Air Pollution Control Division
- MINING OPERATIONS -
N. SITE DISTURBANCE
Page 6 of 6
Total Area of Site: 6.84 Acres
Total Disturbed Area of Site: 6.84 Acres
Proposed Controls:
▪ Watering
• Frequent (Watering Frequency of 2 or More Times Per Day)
❑ As Needed
❑ Chemical Stabilizer
❑ Revegetation Revegetation Must Occur Within One Year Of Site Disturbance
❑ Seeding With Mulch
❑ Seeding Without Mulch
❑ Other (specify)
Additional Sources of Emissions
List any other sources of emissions and related controls (includes fugitive emissions)
Signature of Legalay Authorized Person (not a vendor or consultant) Date
UC iii 1"\ � 4)-.Nt...<2... j irYic>L. `f c_tsc:1-r {'4 Yv_V Yi9-6S..
Name (please print) Title
Check the appropriate box if you want:
❑ Copy of Preliminary Analysis conducted by the Division
❑ To review a draft of the permit prior to issuance
(Checking any of these boxes may result in an increased fee and/or processing time)
This notice is valid for five (5) years unless a significant change is made, such as an increased production, new equipment, change
in fuel type, etc. A revised APEN shall be filed no less than 30 days prior to the expiration date of this APEN form.
Send this form along with $152.90 to:
Telephone: (303) 692-3150
Colorado Department of Public Health and Environment
Air Pollution Control Division
APCD-SS-B1
4300 Cherry Creek Drive South
Denver, CO 80246-1530
Revised September 2004 http://www.cdphe.state.co.us/ap/stationarv.html
AMERICAN CIVIL CONSTRUCTORS, INC.
4901 S. WINDERMERE ST.
LITTLETON, CO 80120
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American Civil Constructors Inc.
Map A-1
General Location Map
Erwin Pit
Ryan Ellis
From: Kathleen Rosow[kmrosow@smtpgate.dphe,state.co.usj
Sent: Wednesday, February 18, 2009 4:19 PM
To: ryan@lewicki.biz
Subject: Stormwater Permit requirements - No potential to discharge -Sand/Gravel/borrow pit
Ryan,
This is in response to your telephone inquiry on 2/17/2009, regarding the need for a
stormwater permit for a sand and gravel mining operation.
The stormwater regulations apply to mines if runoff contacts overburden, raw material,
intermediate or finished product, or waste products, and has a reasonable potential of
reaching state waters. If all runoff from the mine site and any of the disturbed areas is
contained on site, with no discharge off-site expected, a stormwater permit is not
required.
The Clean Water Act does not establish a threshold (e.g., a 100 -year storm event); the
potential for any discharge is determined by the site owner/operator. If the
owner/operator determines that no permit is needed and so does not apply for one, keep in
mind that any change in this situation would require application for a stormwater permit
at least 30 days prior to any discharge taking place.
Discharging stormwater from the facility once industrial activity has started, without the
required stormwater discharge permit coverage, is a violation of the Clean Water Act and
is subject to enforcement action by the Division. The Clean Water Act authorizes both
civil and criminal penalties for willful non-compliance.
Please call with questions,
Kathleen Rosow
WQCD Industrial Permits Unit
Stormwater Program
303/692-3521
E-mail: kathleen.rosow@state.co.us
1
American Civil Constructors, Inc
Erwin Property
Major Impact Permit
Addendum A
March 2009
PREPARED BY:
Greg Lewicki And Associates
11541 Warrington ington Court
Parker, CO USA 80138 E-Mail:info!r1ewicki.1nz
Phone (303) 346-5196 Fax: (303)-346-6934
4-502 D Land Suitability Analysis
1. Public Access to Site
This site has not had historical public access to or through the site since it is
private land used for agricultural purposes.
2. Access to Adjoining Roadways
The site access from CR 204 and is directly west of the mining area. American
Civil Constructors, Inc. has obtained a Driveway Permit from Garfield County:
Permit Number GRB09-D-4 — Attached. The site distance to the west is
approximately 50' and to the east is over 1000'.
3. Easements
Garfield County operates under County Road 204 easement of 30 feet off center
line of the roadway.
4. Topography and Slope
The topography and slope of the existing site are shown on Map Attached
5. Natural Features
Not Applicable
6. Drainage Features
Refer to the attached reclamation map. Drainage of the property is located north
west of the mining operation.
7. Water
This site is used as rangeland and was not irrigated. After reclamation, this site
will be used as rangeland and will not be irrigated.
8. Floodplain
It is not expected that a 100 year event will cause flood water to enter the
excavation site.
9. Soils
Soil information can be found in Exhibit B of the DRMS Permit application.
10. Hazards
There are no known geologic hazards near the Erwin Property.
11. Natural Habitat
Vegetation and wildlife concerns are addresses in Exhibit B of the DRMS Permit
application. There are no wetlands within the disturbed area of the Erwin
Property. This site will not block any known migratory routes.
12. Resource Areas
Shina DuVall from the Office of Archaeology and Historic Preservation
commented on this operation. Her Comment is included in Appendix A.
4-502 E Impact Analysis
1. Adjacent Property
Parcel: 2413-042-00-003
Erwin Knirlberger
P.O. Box 42
DeBeque, CO 81630
Parcel: 2413-041-00-002, 2413-102-00-015, 2167-212-00-008
Chevron USA Inc.
C/O Chevron Texaco Property Tax
P.O. Box 285
Houston, TX 77001
Parcel: 2413-092-00-952, 2167-321-00-960, 2167-334-00-961
Bureau of Land Management
50629 Highway 6&24
Glenwood Springs, CO 81601
Parcel: 2167-333-00-018
Gary L and Tammie Lee Crossen
10566 CR 204
DeBeque, CO 81630
2. Adjacent Land Use
The adjacent and neighboring land uses are rangeland and rural residential.
3. Site Features
The site features are described in Exhibit B — Site Description of the DRMS Permit
Application.
4. Soil Characteristics
Soil characteristics are shown in Exhibit B of the DRMS Permit Application.
5. Geology and Hazard
A geologic hazard is not expected to occur within the land parcel.
6. Effect on Existing Water Supply and Adequacy of Supply.
Water for this operation will be trucked to the site from an offsite source. It is estimated
that the operation will consume 4,000 gallons per day in dust suppression. The water
source is Kimball Creek and Clear Creek, and ACC is approved to use these water
sources for the reconstruction project. The location of these sources is 3 miles and 10
miles north of the intersection of Dry Fork Road and CR 204 respectively.
7. Effect on Groundwater and Aquifer Recharge Areas
There is not going to be any waste disposal on site. This site is not expected to have any
impact on the groundwater or aquifer recharge areas.
8. Environmental Effects
a. The seed mix to be used during reclamation is shown below. This seed mix is
similar to the existing vegetation and will provide cover and forage for the local
wildlife.
Dry Rangeland Mix lbs. of PLS/Acre
Alkali Sacaton 3.0
Inland Saltgrass 3.0
Indian Ricegrass 2.0
Needle and Thread Grass 1.0
Western Wheargrass 3.5
Rubber Rabbit Brush 0.3
Fourwing Saltbush 0.25
Total 13.05 lbs/acre
b. Shina DuVall from the Office of Archaeology and Historic Preservation
commented on this operation. Her Comment is included in Appendix A.
c. The operations at the Erwin Knirlberger Property are not expected to have any
significant impacts on any designated environmental resource. This will be
accomplished by reclaiming the site with 31-1:1V slopes at a maximum,
revegetating with similar plants to the existing site, and a short operating period of
less than 1 year.
d. Radiation hazards are not expected for the Erwin property since the material being
excavated is fill dirt.
e. A Spill Prevention Control and Countermeasure plan is not needed for the site,
since there will not be any storage of chemicals or hazardous materials on site.
9. Rezoning Justification Report
This site is not being rezoned.
10. Nuisance
The operations at the Erwin Property are not expected to have any significant impacts on
adjacent land from vapor, dust, smoke, noise, glare or vibration, or other emissions.
11. Reclamation Plan
The reclamation plan is shown in Exhibit D of the DRMS permit Application.
Appendix A
MAR 0 4 nEC'V
STATE OF COLORADO
Bill Ritter, Jr., Governor
James B. Martin, Executive Director
Dedicated to protecting and improving the health and environment of the people of Colorado
4300 Cherry Creek Dr. S.
Denver, Colorado 80246-1530
Phone (303) 692-2000
TDD Line (303) 691-7700
Located in Glendale, Colorado
http://www.cdphe.state.co.us
February 25, 2009
Mr. Nick Polce
American Civil Constructors
4901 S Windermere St
Littleton, CO 80120
Re: Permit 09GA0146F
Dear Applicant:
Laboratory Services Division
8100 Lowry Blvd.
Denver, Colorado 80230-6928
(303) 692-3090
Colorado Department
of Public Health
and Environment
-he Colorado Air Pollution Control Division received and logged in your construction permit application for mining
.perations at the Erwin Pit in Garfield County. Your application was assigned permit number 09GA0146F. Your
application is now ready for initial review.
If you should have any questions concerning the status of your permit application, please call me at 303-692-3240. When
calling, it would be helpful to reference the permit number listed above. You can also research the status of your
application online at http://www.cdphe.state.co.us/ap/ss/sspcpt.html.
The next step in processing your construction permit application is to determine if all the information we need is contained
in your application. If so, we will begin our preliminary engineering analysis. If information is missing, we will contact you
in the near future to obtain the needed material.
State law requires that the Division determine the completeness of an application within 60 days of receipt. If you do not
hear from the Division by 04/20/09, you can assume that your application is complete.
Sincerely,
Je
Constru tion Permit Unit
0
•
American Civil Constructors, Inc
Erwin Property
Major Impact Permit
March 2009
PREPARED BY:
Greg Lewicki And Associates
11541 Warrington Court Phone (303) 346-5196 Fax: (303)-346-6934
Parker, CO USA 80138 E-Mail:info@lewicki.biz
DIVISION 1 - GENERAL APPROVAL STANDARDS FOR LAND USE CHANGE
PERMITS
Section 7-101 Compliance with Zone District Use Restrictions
The Erwin property is zoned rural. The land use change of extraction is permitted subject to
Major Impact Review. See Table 7-101 Zoning Table for details.
Erwin Property, March 2009 1
USE
ZONE DISTRICT
RURAL
RESIDENTIAL - SUBURBAN
RESIDENTIAL - URBAN
Residential - Manufactured Home Park
COMMERCIAL- BUSINESS
COMMERCIAL - LIMITED
COMMERCIAL -GENERAL
INDUSTRIAL
PUBLIC LANDS
Extraction
M
ML
Fabrication — Equipment, Small
Appliances
M
L
L
L
•
Fabrication—Vehides, Machinery, and
Heavy Equipment
M
M
•
Fabrication - Assembly of Structures
M
M
•
Fabrication—Cabinet Making,
Woodworking, Metalworking, Gazing,
Machining , welding
L
L
•
•
•
•
Fabrication of goods processed from
natural resources
M
M
•
Feedot, Commercial
M
M
•
Fire Station
A
A
A
A
A
A
A
A
•
Forestry
L
•
Foster Home
•
•
•
•
•
•
•
•
•
Family Child Care Home
L
L
L
L
L
L
L
L
•
Fraternal Lodge
L
•
•
•
•
General Service Establishment—
Plumbing Contractor, Electrical
Contractor, Building Contractor,
Blacksmith, Service and Repair of
Appliances, Equipment and Machinery
L
•
•
•
•
GdiCourse/Driving Range
L
L
L
L
L
L
L
L
•
Group Home Facilities
L
L
L
L
M
•
L
•
Home Office/Business
A
AA
A
•
•
•
•
Heliport
MMML
LLL
•
Hospital
M
M
M
M
L
L
L
L
•
Indoor Recreation
M
M
M
M
•
•
•
.
•
Kennel
LM
L
L
L
•
Laundromat
L
L
L
L
•
•
•
•
Table 7-101 Zoning Table
Erwin Property, March 2009 2
Section 7-102 Compliance with Comprehensive Plan and Intergovernmental Agreements
The extraction of fill material from the Erwin property is consistent with the Garfield County
Comprehensive Plan, since it is solely used for the reconstruction of CR 204. The contract
between Garfield County and American Civil Constructors is located in Appendix A. No other
municipalities apply in the area of the Erwin Pit.
Section 7-103 Compatibility
The surrounding land is owned by BLM, Chevron USA Inc. and Gary L and Tammie Lee
Crossen. The use of this land is rangeland, rural residential and irrigated pasture. The Erwin Pit
will have a disturbed area of 7.64 acres. Erwin Knirlberger owns 6.84 acres of the permit area.
The remaining 0.80 acres is owned by BLM. The operation of the Erwin Pit is not expected to
result in any additional adverse impact to the adjacent land.
Section 7-104 Sufficient Legal and Physical Source of Water
The only water to be used on site is for dust suppression and will be trucked to the site from a
permitted off site source.
Section 7-105 Adequate Water Supply
The Erwin Pit does not need or have plans for any water supplied to the site from the local
utility.
Section 7-106 Adequate Water Distribution and Wastewater Systems
The Erwin Pit does not need or have plans for water distribution or wasterwater systems.
Erwin Property, March 2009 3
Section 7-107 Adequate Public Utilities
The Erwin Pit does not require any service from the local public utilities.
Section 7-108 Access and Roadways
Access for the Erwin Pit is directly from CR 204. This site has a driveway access permit which is
included in Appendix A. American Civil Constructors is responsible for the repair and
maintenance of the roads used during the reconstruction project. The contract between Garfield
County and American Civil Constructors in Appendix A and the Division of Reclamation,
Mining and Safety Permit application show this commitment.
Section 7-109 No Significant Risk of Natural Hazards
No significant natural hazards exist near the Erwin Pit.
Erwin Property, March 2009 4
DIVISION 2 — GENERAL RESOURCE PROTECTION STANFDARDS FOR LAND
USE CHANGE PERMITS
Section 7-201 Protection of Agricultural Lands
No agricultural lands are expected to be affected by the operation. The hillside which is being
excavated is very steep and not easily usable for agricultural purposes. These lands will be
reclaimed to the same land use after mining, although there will be a flat bench at the bottom of
the hill which is usable. See Map E-3 for details of the reclamation plan.
Section 7-202 Protection of Wildlife Habitat Areas
The only wildlife habitat areas to be affected by the operation are owned by Erwin Knirlberger
and BLM. These lands will be reclaimed to the same land use after mining. See Map E-3 for
details of the reclamation plan. The surrounding area provides cover and forage for wildlife, in
particularly, the irrigated pasture to the south of the site. The site itself provides cover but
minimal forage for wildlife because the sparse grasses due to the minimal precipitation. Impacts
to wildlife will be mitigated through a weed management plan and reseeding the rangeland with
a diverse seed mix. The reclamation plan will install 6' wide benches at intervals on the
reclaimed slope. These 6' wide catch benches will concentrate the stormwater and will provide
better habitat for grasses. The Erwin Pit will be active during the winter months but only for the
2009 season. Long term impacts to winter habitat are not expected at the Erwin Pit. The site is
limited to 7.64 acres and will be reclaimed in 2009 and 2010.
Section 7-203 Protection of Wetlands and Water bodies
There are no wetlands or water bodies within the affected area of the Erwin Pit. The excavation
has already occurred at the Erwin property. Sediment will not be allowed to leave the site and
affect any water bodies. There will be no adverse impacts to any water bodies due to the
operation s of the Erwin Pit.
Erwin Property, March 2009 5
Section 7-204 Protection of Water Quality from Pollutants.
The only source of pollutants introduced to the Erwin Pit will be fuel and lubricants for the
equipment used for excavation and hauling. These pollutants will not be stored on site. They will
be brought to the site by a mobile maintenance truck as needed. If there is a spill it will be
contained within the pit by the silt fences until it can be cleaned up. See Map E -2B for the
location and details of the silt fences. All spills will be cleaned up, the material taken off site and
disposed at a permitted site for such material. All spills will be reported to the Division of
Reclamation, Mining and Safety as well as Garfield County.
Section 7-205 Erosion and Sedimentation
The Erwin Pit will be able to contain a 100 year 24 hour storm event. This is accomplished
through the use of silt fences. All stormwater encountered within the disturbed area will be
collected with the silt fences and allowed to infiltrate or evaporate. Vehicle tracking will be
mitigated through tracking pads at the access points to the pit. Sediment will not be allowed to
leave the site and cloud any receiving waters.
Section 7-206 Drainage
The site is currently rangeland. Topography of the site slopes steeply down toward the southwest
at a 2H:1V slope. Hobo Ditch is located directly south of the excavation areas. The Hobo Ditch
currently prevents stormwater from directly entering Roan Creek. The topography of the current
site is shown on Map E -2A.
Stormwater from up gradient of the Erwin Pit is diverted away from the site due to the natural
topography of the site consists of ridges. The current site has silt fences installed in Mining Area
1 to prevent water from disturbed areas from leaving the site. These silt fences can be seen on
Map E -2A. Additional silt fences will be installed around portions of the disturbed area to
prevent sediment from leaving the site. Theses silt fences are shown on Map E -2B. All silt fences
Erwin Property, March 2009 6
will be removed once vegetation has satisfactorily controlled erosion. In addition to the silt
fences, a small stormwater sump will be placed in Mining Area 1 to control stormwater. See Map
E -2B for the location of the stormwater sump. Two diversion ditches will be installed within
Mining Area 1 to prevent the existing drainages from mixing with the stormwater captured
within the permit area.
Section 7-207 Stormwater Run -Off
The Erwin Pit will be able to contain a 100 year 24 hour storm event. This is accomplished
through the use of silt fences. All stormwater encountered within the disturbed area will be
collected with the silt fences and allowed to infiltrate or evaporate. There will be no stormwater
run off from the disturbed area.
Section 7-208 Air Quality
An Air Pollution Emission Notice was submitted to the Colorado Department of Public Health
and Environment — Air Quality Control Division. CDPHE will decide if this site needs an air
pollution permit. Whether or not a permit is needed, dust will be controlled with the use of a
water truck keeping the roads and extraction area damp.
Section 7-209 Areas Subject to Wildfire Hazard
This site is not subject to wildfire hazards.
Section 7-210 Areas Subject to Natural Hazards and Geologic Hazards
There are no know natural hazards or geologic hazards that could impact the operation.
Section 7-211 Areas with Archeological, Paleontological or Historical Importance
This site does not have any known archeological, paleontological or historical importance.
Erwin Property, March 2009 7
Section 7-212 Reclamation
1. General Reclamation Plan
The total permit area is 7.64 acres. The access points will remain after reclamation to allow the
land owner access to the flat ground produced. The combined area of the access points is 0.11
acres. The amount of land that will be reclaimed to rangeland is 7.21 acres. The undisturbed area
within the permit is 0.32 acres.
Reclamation will be conducted in Mining Area 1 as Mining Area 2 is mined. Reclamation of
Mining Area 2 will take place at the end of mining. See Map E-3 for details. This will also help
reduce the exposed land, reducing the impact on wildlife. The 0.80 acres of disturbance has
already been topsoiled but still needs to be seeded and mulched.
2. Topsoil Replacement
The topsoil thickness is expected to range from 4-8 inches and have an approximate average
thickness of 6 inches. Soil will be replaced in Mining Area 1 first, which will occur
approximately 1-2 months into the operation. This will not happen immediately because the
operation needs to excavate fill material as soon as possible. Once a free moment in the
production schedule is a valuable, reclamation of Mining Area 1 will take place. All reclaimed
areas will be topsoiled from topsoil stockpiles. Mining Area 1 and 2 will receive 4-8 inches and
an average of 6 inches on all reclaimed areas.
3. Haul Roads and Access
The access points will be left in place after mining to allow access to the reclaimed site. See Map
E-3 for details.
Erwin Property, March 2009 8
4. Reclamation Timetable
The timetable for reclamation is shown below in Table D-1 Reclamation Timetable
Reclamation of Mining Area 1 and Mining in Mining Area 2 may take place at the same time.
Table D-1 Reclamation Timetable
Month
Comments
Length of time to
complete (months)
2/2009
Site preparation, topsoil stripping, stockpile topsoil
and seed the stockpile. Install silt fence.
0'1
2/2009 -
3/2009
Mine in Mining Area 2.
0.9
3/2009 -
8/2009
Reclaim Mining Area 1 by finish grading and
placing topsoil on the graded areas. Seed and
mulch topsoiled areas.
5
3/2009 -
11/2009
Finish mining in Mining Area 2 and install catch
benches.
8
12/2009
Place topsoil from topsoil stockpiles on disturbed
area remaining to be topsoiled. Seed topsoiled
areas.
1
Total
10*
* Some tasks occur concurrently.
Erwin Property, March 2009 9
5. Revegetation Plan
All areas will be harrowed and drill seeded in the spring and fall with a seed mix consisting of
the following in order to control erosion:
Rangeland Mix lbs. of PLS/Acre
Indian Ricegrass 1.0
Western Wheatgrass 3.0
Six Weeks Fescue 1.0
Quickguard 6.0
Fourwing Saltbush 1.6
Prairie Flax 0.3
Western Yarrow 0.1
Total 13.O lbs/acre
These grasses in the rangeland mix have been shown to do well in the dry lowland environment
of western Colorado. Certified weed free hay or straw mulch will also be crimped in place at the
rate of 2000 lbs/acre. The entire permit area will be reclaimed to rangeland except for the farm
road.
6. Post -Reclamation Site Drainage
The site will contain a 100 year 24 hour event. The silt fences will hold back the water producing
a shallow pool. This pool will quickly dissipate into the pit floor or evaporate. Stormwater will
sheet flow down the side slopes (3H:1 V) and collect on the 6 ` wide benches. Once vegetation is
established, the silt fences will be removed and the site will drain to the Hobo Ditch. Minimal up
gradient water will enter the permit area. The diversion ditches installed in Mining Area 1 will
remain in place after reclamation.
Erwin Property, March 2009 10
7. Weed Control
Weeds are minimal in the pre -mine site. Measures will be employed for control of any noxious
weed species. Control measures will also be used if the growth of weed species on the reclaimed
area threatens further spread of the weeds to nearby areas. A Weed Control Plan will be utilized
as follows:
1) Each April, a weed survey will be made of the permit area.
2) If any patches or plants have been identified, they will be sprayed by backpack sprayer or
4 -wheeler using chemicals approved for use by the weed control staff of Garfield County.
3) After reclamation, weed surveys and spraying will continue until the perennial cover and
production of the site have met DRMS requirements and bond release has been obtained.
The Division and Garfield County weed control staff will be consulted regarding any weed
infestation area and any control measures prior to their initiation. The plan does not contemplate
total weed removal on the property. Past experience has shown that some initial weed cover in
the first year following the retopsoiling is beneficial to the reclamation effort in rangeland site.
Weeds tend to provide shade for new grasses, are a means of holding snow on the seedbed longer
and protect it from wind and water erosion until the planted species have taken hold.
During the removal of topsoil, if an area of heavy seed infestation is encountered, it will be
buried in the slopes rather than used as a growth medium. During all phases of the mining
operation the permit area will be monitored closely every year, through which the operator is
active to determine if there are any additional weeds invading the area. If infestations of similar
weeds as are present now is experienced, the current weed control plan will continue to be used.
If any new species of weeds are found, Garfield County Weed Control Authority and the
Division will be consulted in order to formulate the best plan for the new infestation.
Erwin Property, March 2009 11
1. Revegetation Success Criteria
Revegetation will be deemed adequate when erosion is controlled, and the vegetation is
considered satisfactory according to Division standards.
9. Monitoring Reclamation Success
Monitoring the reclamation on an ongoing basis will ensure its success. The operator plans to use
the local NRCS office to determine the capacity of the reclaimed land to control erosion. If
minor changes or modifications are needed to the seeding and reclamation plan, revision plans
will be submitted to the Division. It is hoped that the Division will provide assistance in
evaluating the success of the ongoing reclamation process. Information on all areas disturbed and
reclaimed as well as any other important items regarding the reclamation will be submitted in the
annual reports to the Division.
10. Reclamation Bond
The bond for the site will be based upon $2,500 per acres. The site is 7.64 acres which will be
rounded to 8 acres, therefore the bond will be 8 acres x $2,500 per acre = $20,000.
11. BLM Reclamation Procedures
The BLM has provided ACC with reclamation procedures for the 0.80 acres of disturbance.
These procedures and right of entry are located in Appendix A and will be followed on the 0.80
acre BLM disturbance as well as the private land.
Erwin Property, March 2009 12
Section 7-812 Additional Standards Applicable to Mining and Extractive Uses
A. Roads
1. Impact mitigation to the road system that will handle the excavated material is
covered under the reconstruction contract between American Civil Constructors
and Garfield County. This contract is located in Appendix A.
2. Vehicle weight will comply with the restrictions placed on the roads which will
be used for this operation.
3. Seasonal traffic limitations are not expected to be needed since the roads to be
used are well constructed roads and will be maintained through out the project by
American Civil Constructors on an as needed basis.
B. Routing
1. There are no dense residential communities or commercial areas near the
extraction site or haul route to the reconstruction project. The road reconstruction
project extends to the entrance site. Hauling this material will not significantly
impact the community.
2. The timing of the hauling will be during normal operating hours of the
reconstruction project and is not expected to have a significant impact on the local
community since the area is very remote.
3. All loads of excavated material leaving the site will be covered to prevent fugitive
dust created but the haul trucks. The road is paved and any small amounts of
tracked mud will be swept on a regular basis.
Erwin Property, March 2009 13
C. Wildlife
The surrounding area provides cover and forage for wildlife, in particularly, the irrigated
pasture to the south of the site. The site itself provides cover but minimal forage for
wildlife because the sparse grasses due to the minimal precipitation. Impacts to wildlife
will be mitigated through a weed management plan and reseeding the rangeland with a
diverse seed mix. The reclamation plan will install 6' wide benches at intervals on the
reclaimed slope. These 6' wide catch benches will concentrate the stormwater and will
provide better habitat for grasses. The Erwin Pit will be active during the winter months
but only for the 2009 season. Long term impacts to winter habitat are not expected at the
Erwin Pit. The site is limited to 7.64 acres and will be reclaimed in 2009 and 2010.
D. Emergency Preparedness
A list of the local emergency response contact information will be kept with the project
supervisor as well as in the American Civil Constructors field office which is located
approximately 10 miles south of the Erwin property.
Erwin Property, March 2009 14
Appendix A - Additional Information
SOLICITATION, OFFER
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION
NO.
2. TYPE OF SOLICITATION
(X ) SEALED BID (IFB)
( )NEGOTIATED (RFP)
3. DATE ISSUED
October 20, 2008
PAGE OF PAGES
1 of 6
IMPORTANT -The "offer" section on the evers< must be fully complet d by the offeror.
4. CONTRACT NO.
GC-RB-08-C-0002
5. REQUISITION/PURCHASE REQUEST
NO.
N/A
6. PROJECT NO.
7. ISSUED BY CODE
Garfield Country/Purchasing Dep
108 8a St, STE 200
Glenwood Springs, CO 81601
8. ADDRESS OFFER TO
See Item 7
9. FOR INFORMATION
CALL:
A. NAME
Matthew Anderson
B. TELEPHONE NO. (Include area code) (NO COLLECT
CALLS
970-384-5012
SOLICITATION
NOTE: In sealed bid solicitations "offer' and offeror" mean "bid" and "bidder"
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
This is a FIRM FIXED PRICE CONTRACT for the Re-Construction of County Road 204 Located in Garfield County, Co in
accordance with all specifications, drawings, terms and conditions, your bid dated 26 September 2008, and all other contract
documents.
The contract completion date will be on 1 May 2010, unless extended. The date for substantial completion is November 25'h,
2009, unless extenned.
The Finn Fixed Priced value of this contract is $21,428,999.00.
II. The Contractor shall begin performance
proceed. This performance period is
within 7 Calendar Days & complete
by 31 Dec 2009 after
receiving
award
notice to
mandatory, X negotiable.
12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If yes, indicate within how many days after award in item 120.)
(X)YES ( )NO
1211. CALENDAR DAYS
7 Calendar Days
13. ADDITIONAL SOLICITATION REQUIREMENTS:
GC FORM 1442
OFFER (Must be fully completed by offeror)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)
American Civil Constructors, Inc.
4901 South Windermere St
Littleton, CO 80120
15. TELEPHONE NO. )Include area code)
(303) 795-2582
16. REMITTANCE ADDRESS (Include only if different than item 14)
See Item 14
17. The offer agrees to perform the work required at the prices specified below i s strict accordance with the terms of the solicitation, if this offer is accepted by
the County in writing within, calendar days after the date offers are due. (In en any number equal to or greater than the minimum requirements stated in
Item 13D. Failure to insert any number means offeror accepts the minimum in It m 13D.)
AMOUNT: Not Applicable
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENS EMS
( The offeror acknowledges receipt of amendments to the solicitation - give number and date of each)
AMENDMENT NO.
DATE
20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN
YOUR OFFER(Type or print)
2013. SIGNATURE
20C. OFFER
DATE
AWARD (To be completed by government)
21. ITEM ACCEPTED:
21. AMOUNT
$21,428,999.00
23. ACCOUNTING AND APPROPRIATION DATA
Addressed in the Joint Participation Agreement
24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM a
(1 ORIGINAL UNLESS OTHERWISE SPECIFIED)
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
N/A
26. ADMINISTERED BY CODE:
Garfield Country/Engineering
0375 CR 352, Bldg 2060
Rifle, CO 81650
27. PAYMENT WILL BE MADE BY CODE:
Garfield Country/Finance
108 S' St, STE 201
Glenwood Springs, CO 81601
CONTRACT ADMINISTRATOR WILL COMPLETE ITEM 28 OR 29 AS
APPLICABLE
() 28. NEGOTIATED AGREEMENT (Contractor Is required to sign
this document and return to Issuing office). Contractor agrees to furnish
& deliver all work, requisitions identified on this form & any continuation
sheets for the consideration slated In this contract. The rights &
obligations of the parties to this contract shall be governed by (a) this
contract award, (b) the solicitations, & (c) the clauses, representations,
certifications, & specifications or Incorporated by references in or
attached to this contract.
(x) 29. AWARD (Contractor is not required to sign this document).
Your offer on this solicitation is hereby accepted as to the items listed.
This award consummates the contract, which consists of (a) the County
solicitation and your offer and (b) this contract award. No further
contractual document is necessary.
30A. NAME AND TITLE OF CONTRACTOR OR PERSON
AUTHORIZED TO SIGN (Type or print)
PPM Vi 4. 1444Pr9 VIw'i>1-17rc
31A. NAME OF CONTRACT ADMINISTRATOR (Type or Print)
Matthew L. And son
3 B. SI NATURE f 30C. DATE
U c W�d.�r� Ila 3c -C8
318. SIGNA RE/ //
31c. AWARD DATE
V-77--6?
,'% ! > 1
GC FORM 1442 RAC
r
ORDER FOR SUPPLIES OR SERVICES
PAGE OF PAGES
Re -Construction of County Road 204 — GC -RB -08-C-0002
3
6
Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICE QUANTITY UNIT UNIT PRICE
0001
Sys
1 Lump
Sum
FFP
Re -Construction of County Road 204 Located in Garfield County, Co in
accordance with all specifications, drawings, terms and conditions, your bid dated
26 September 2008, and all other attached contract documents.
LIQUIDATED DAMAGES
Liquidated damages for this project are as follows:
Construction Liquidated Damages
$21,428,999.00
NET AMT $21,428,999.00
AMOUNT
Schedule
Approximate
Starting Date
Duration
Liquidated Damages
(Per Working Day)
1
Oct 30, 2008
18 Months
$6,000
Contract Documents and Attachments
Exhibit A
Specifications
Exhibit B
Drawings
Exhibit C
Bid Schedule #1
Exhibit D
Drainage Easement Agreement
Exhibit E
Staging Area Surface Lease Agreement
Exhibit F
AIA A201-1997 — General Conditions of the Contract for Construction
Exhibit G
Amendment to AIA A201-1997
Exhibit H
Illegal Alien Affidavit
•
ORDER FOR SUPPLIES OR SERVICES
Re -Construction of County Road 204 — GC -RB -08-C-0002
PAGE OF PAGES
4
6
GARFIELD COUNTY
Standard Form of Agreement Between
Owner and Contractor
THIS AGREEMENT made as of the 27th day of October in the year Two Thousand and Eight
BETWEEN the Board of County Commissioners of Garfield County (hereinafter Owner):
Board of County Commissioners
Garfield County, State of Colorado
108 8th Street, Suite 219
Glenwood Springs, CO 81601
AND American Civil Constructors, Inc. (hereinafter Contractor):
American Civil Constructors, Inc.
4901 South Windermere St
Littleton, CO 80120
For the following Project:
Re -Construction of County Road 204
ARTICLE 1
THE CONTRACT DOCUMENTS
The contract Documents are set forth in the General Conditions.
ARTICLE 2
THE WORK
The Contractor shall perform all the work required by the Contract Documents for general construction.
ARTICLE 3
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
The Work to be performed under this Contract shall be performed commencing on the date set forth in the contract documents,
and concluding within the time limits set forth in the Contract Documents. Time is of the essence in this Agreement.
ARTICLE 4
CONTRACT SUM
The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by any
written modifications as provided in the Contract Documents, the Contract Sum of $21,428,999.00.
ARTICLE 5
PROGRESS PAYMENTS
Progress payments shall be rendered as set forth in the General and Special Conditions to this Agreement.
ORDER FOR SUPPLIES OR SERVICES
PAGE OF PAGES
Re -Construction of County Road 204 — GC -RB -08-C-0002
5
6
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when
the work has been completed, and State and Federal statutory claims have been paid or resolved, all the contract terms have
been fully performed, and a final Certificate of Payment has been issued by the Owner.
ARTICLE 7
COMPENSATION/APPROPRIATION
The amount to be expended pursuant to this Agreement shall not exceed $21,428,999.00. The BOCC has lawfully appropriated
an amount that is equal to or in excess of the compensation set forth herein, which amount shall constitute the contract amount.
Such amount may be altered by mutual written consent of parties.
This appropriation is limited solely to the work to be accomplished during fiscal year ending December 31, 2010, The BOCC is
not obligated to make any future apportionment or allocation to this Agreement. Any work performed in excess of amounts
appropriated shall be solely the risk of the Contractor. Not withstanding any other terms of this Agreement, it is expressly
understood and agreed that: (1) Any BOCC financial obligation, whether direct or contingent, for all or any part of the work under
this Agreement, shall extend only to monies duly and lawfully appropriated and budgeted by the BOCC and irrevocably pledged
pursuant to the purposes of this Agreement; (2) The BOCC does not by this Agreement irrevocably pledge present cash
reserves for payments in this or future fiscal years; (3) This Agreement is not intended to create a multiple/fiscal year direct or
indirect financial obligation of the BOCC; (4) The obligation of the BOCC for expenditures, if any, arising during subsequent
fiscal years in which this Agreement could be extended and be in effect, shall only extend to utilization of monies appropriated
and budgeted and encumbered for the purpose of this Agreement in the fiscal year in which obligations arise; and (5) No change
order may be issued requiring compensation for work Which causes the aggregate payable amount under this Agreement to
exceed the amounts appropriated, budgeted and encumbered for the payment of this Agreement in the fiscal year in which such
obligations arise, unless the Contractor receives written assurance by the BOCC that lawful appropriations to cover the cost of
the additional work have been made. Any work completed for this Agreement shall be secured from harm until future monies
are appropriated so that additional work may commence. In the event any future appropriation is made by the BOCC for the
purposes of this Agreement, the 60CC will inform the Contractor in writing of any amounts appropriated for work proposed
herein and will tender a renewed or amended Agreement covering the work to be compensated by such appropriation.
ARTICLE 8
COMPENSATION/APPROPRIATION
8.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meaning designated in
those conditions
8.2 This Agreement, together with all documents forming the entire Contract form the full and complete understanding of the
parties. No agreement, statement or representation set forth outside of the written contents of those documents
shall be considered a part of this Contract.
ORDER FOR SUPPLIES OR SERVICES
PAGE OF PAGES
Re•ConstructIon of County Road 204 — GC -RB -08-C-0002
6
6
ATTEST:
Clerk to the Board
ATTEST:
STATE OFCt la.)4 )
COUNTY OF- Q.rvo-2
) ss.
Owner:
BOARD OF C • NTY OMMISSIONERS
OF GARFIEL COON , COLORADO
flnj2ic4h4 Oyu.- tows?2✓ue
By: LMOLV\ U P
Ra&a i <_ UYkS 21`
(PrintName)
The foregoingn�__instrument was acknowledged`^before me thiC'h day of VlJt7;.detp� / 200X by
I�a1d I✓�r%•LoY as L& IA 4- (insert title) of it el (AVaI liAvucks LG.. (insert
corporation, partnership, etc.)
MY COMMISSION EXPIRES: (OI 1491
otary
61C)(49 Oi
Address of Notary
Ryan Ellis
From: Bruce Hammers [bhammers@accbuilt.com]
Sent: Tuesday, February 17, 2009 2:11 PM
To: Ryan Ellis
Subject: FW: Reclamation
LMG_0979.Jpg (967 roaddpg (56 KB)
KB)
Bruce Hammers
Estimating/Project Manager
American Civil Constructors
303-730-4526
Original Message
From: Nick Polce
Sent: Tuesday, February 17, 2009 2:01 PM
To: Bruce Hammers
Subject: FW: Reclamation
Bruce
Below are BLM's requirements regarding the Erwin Pit. Should we get with Anema to get
with his supplier and send up one of our seed trucks?
From: Christina Stark@blm.gov [Christina Stark@blm.gov]
Sent: Tuesday, February 17, 2009 9:13 AM
To: Nick Polce
Subject: Reclamation
Nick,
I am sorry that I was not able to get back to you last week with the seed mix and the
photos for the surface roughening. Go ahead and use the seed mix that is in the grants
for the CR 204 Right -of -Way and add Quickguard at 3.0 pounds per acre pure live seed. The
seed mix should be as follows:
Species Pounds/Acre PLS
Indian Ricegrass (Rimrock) 0.5
Western Wheatgrass 1.5
Six Weeks Fescue 0.5
Quickguard
4 -wing Saltbush (Rincon)
Prairie Flax
Western Yarrow
3.0
0.8
0.15
0.05
Total 6.5*
*This application rate needs to be doubled for broadcast seeding.
The following is some of our standard language for surface reclamation using broadcast
seeding:
As part of the required reclamation, all disturbed areas shall be seeded
with a seed mixture suitable to specific site conditions. This mixture
shall be approved prior to reclamation by the authorized officer. All
seed mixtures must be certified to be weed -free. Application rates are
for pure, live seed (PLS). Certification and seed tags must be
1
submitted to the Field Manager within 30 days of seeding.
Prepare seedbed by ripping the soil surface to a depth of 2 feet and
then spreading the topsoil back on the surface. Scatter removed
vegetation and shredded wood back on the surface and broadcast seed with
an approved seed mix. Seeding must take place within 29 hours of
surface roughening and top soil redistribution to ensure good soil seed
contact. Broadcast application shall be used at twice the recommended
application rate. Surface rock that was removed during surface
scrubbing and clearing shall be scattered back across the ROW to mimic
natural conditions. Disturbed portions of the right-of-way surface
shall be left rough to help facilitated seed germination and seedling
survival.
Seeding should be completed after September 15 and prior to December 15
or in the early spring once soils have thawed.
I am attaching a few photos that demonstrate fairly good surface roughening. I would like
for the surface to be really rough with some of the vegetative debris scatterd on the
surface.
(See attached file: IMG_0979.jpg) (See attached file: road.jpg)
Please call me once you have completed the reclamation or if you have any questions. I
would also like to see the plan for the drainage restoration once it is completed.
Thanks,
Christina Stark
Natural Resource Specialist
BLM - Grand Junction Field Office, Colorado
Phone: (970) 244-3022
Fax: (970) 294-3083
2
••.&1.2 '
Garfield County
Application for Driveway Permit
Person Obtaining Permit: American Civil Constructors
Application Date: 1/27/2009
County Road Number: 204 District: Rifle
Permit Number: GRB09-D-4
Termination Date: 1/27/2010
Inspector: Marvin Stephens
hereby requests permission and authority from the Board of County Commissioners to construct a driveway approach (es)
on the right-of-way off of County Road, 204, 800ft North of CR 204 / Clear Creek, located on the North side of road
for the purpose of obtaining access to property.
Applicant submits herewith for the consideration and approval of the Board of County Commissioners, a sketch of the
proposed installation showing all the necessary specification detail including:
1. Frontage of lot along road.
2. Distance from centerline of road to property line.
3. Number of driveways requested
4. Width of proposed driveways and angle of approach.
5. Distance from driveway to road intersection, if any.
6. Size and shape of area separating driveways if more than one approach.
7. Setback distance of building(s) and other structure improvements.
8. No unloading of equipment on county road, any damage caused to county road will be repaired at subdivision
expense.
9. Responsible for two years from the date of completion.
General Provisions
I) The applicant represents all parties in interest, and affirms that the driveway approach (es) is to be constructed by
him for the bona fide purpose of securing access to his property and not for the purpose of doing business or
servicing vehicles on the road right of way.
2) The applicant shall furnish all labor and materials, perform all work, and pay all costs in connection with the
construction of the driveway(s). All work shall be completed within thirty (30) days of the permit date.
3) The type of construction shall be as designated and/or approved by the Board of County Commissioners or their
representative and all materials used shall be of satisfactory quality and subject to inspection and approval of the
Board of County Commissioners or their representative.
4) The traveling public shall be protected during the installation with proper warning signs and signals and the Board
of County Commissioners and their duly appointed agents and employee shall be held harmless against any action
for personal injury or property damage sustained by any reason of the exercise of the Permit.
5) The Applicant shall assume responsibility for the removal or clearance of snow, ice, or sleet upon any portion of
the driveway approach (es) even though deposited on the driveway(s) in the course of the County snow removal
operations.
In the event it becomes necessary to -emo\ e any right-of-way fence, the posts on either side of the entrance shall
be surely braced before the fence is cut to proem ani slacking of the remaining fence and all posts and wire
removed shall be turned oxer to the District Road Supervisor of the Board of County Commissioners.
7) No revisions or additions shall be made to the driveway (s) or its appurtenances on the right-of-way without
written permission of the Board of Count Commissioners.
8) Provisions and specifications outlined herein shall apply on all roads under the jurisdiction of the Board of County
Commissioners of Garfield Count. Colorado. and the Specifications, set forth on the attached hereof and
incorporated herein as conditions hereof.
9) Final inspection of driveway will be required upon completion and must be approved by person issuing
permit or representative of person issuing permit.
The inspection and sign off must be done prior to any CO from the Building and Planning
Department being issued.
10) Contractor agrees to all Provisions in Exhibit A.
Special Conditions:
1. Driveway Width- 100ft
2. Culvert required? True Size: 15 inch by 100ft
3. Asphalt or concrete pad required? False Size of pad:
4. Gravel portion required? True Length: 100ft
5. Trees, brush and/or fence need to be removed for visibility? False
6. Distance and Direction:
7. Certified Traffic Control Required? False
8. Work zone signs required? True
9. Stop sign required at entrance to County Rd
In signing this application and upon receiving authorization and permission to install the driveway. approach (es)
described herein the Applicant signifies that he has read, understands and accepts the foregoing provisions and conditions
and agrees to construct the driveway(s) in accordance with the accompanying specification plan reviewed and approved
by the Board of County Commissioners.
Signed:
Annericfn Cj4I Constructors
Address: S /v/„."4n5_c/.4 s i
'.,,7; C re),` -(i (1� ice,/ .2 U
Telephone Number: 303 . S. 5 -8a.
Permit granted 1/27/2009, subject to the provisions, specifications and conditions stipulated herein.
For Board of County Commissioners' of Garfield County, Colorado:
Representative of Garfield County Road and Bridge Signature
Specifications
1. A driveway approach is understood to be that portion of the county road right -of way between the pavement edge
and the property line that is designed and used for the interchange of traffic between the roadway and abutting
property.
2. At any intersection, a driveway shall be restricted for a sufficient distance from the intersection to preserve the
normal and safe movement of traffic. (it is recommended for rural residence entrances that a minimum
intersection clearance of 50 feet be provided and for rural commercial entrances a minimum of 100 feet be
provided.)
3. All entrances and exits shall be so located and constructed that vehicles approaching or using them will be able to
obtain adequate sight distance in both directions along the county road in order to maneuver safely and without
interfering with county road traffic.
4. The Applicant shall not be permitted to erect any sign or display material, either fixed or movable, on or
extending over any portion of the county road right-of-way.
5. Generally, no more than one approach shall be allowed any parcel or property the frontage of which is less than
one hundred (100) feet. Additional entrances or exits for parcels having a frontage in excess of one hundred 100)
feet shall be permitted only after showing of actual convenience and necessity.
6. All driveways shall be so located that the flared portion adjacent to the traveled way will not encroach upon
adjoining property.
7. No commercial driveway shall have a width greater than thirty (30) feet measured at right angles to the centerline
of the driveway except as increased by permissible radii. No noncommercial driveway shall have a width greater
than twenty (20) feet measured at right angles to the centerline of the driveway, except as increased by
permissible radii.
8. The axis of an approach to the road may be at a right angle to the centerline of the county road and of any angle
between ninety (90) degrees and sixty (60) degrees but shall not be less than sixty (60) degrees. Adjustment will
be made according to the type of traffic to be served and other physical conditions.
9. The construction of parking or servicing areas on the county road right-of-way is specifically prohibited.
Commercial establishments for customer vehicles should provide off -the -road parking facilities.
10. The grade of entrance and exit shall slope downward and away from the road surface at the same rate as the
normal shoulder slope and for a distance equal to the width of the shoulder but in no case less than twenty (20)
feet from the pavement edge. Approach grades are restricted to not more than ten percent (10%).
11. All driveways and approaches shall be so constructed that they shall not interfere with the drainage system of the
street or county road. The Applicant will be required to provide, at his own expense, drainage structures at
entrances and exits, which will become an integral part of the existing drainage system. The Board of County
Commissioners or their representative, prior to installation, must approve the dimensions and types of all drainage
structures.
Note: This permit shall be made available at the site where and when work is being done. A work sketch or
drawing of the proposed driveway(s) must accompany application. No permit will be issued without drawing,
blueprint, or sketch.
Signature Author zed Rep
BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY
CERTIFICATION AND AFFIDAVIT
REGARDING ILLEGAL ALIENS
The Contractor, whose name and signature appears below, certifies and agrees as
follows:
1. The Contractor shall comply with the provisions of C.R.S. 8-17.5-101 et
seq. The Contractor shall not knowingly employ or contract with an illegal alien
to perform work for the Board of County Commissioners of Garfield County,
Colorado ("BOCC") or enter into a contract with a subcontractor that knowingly
employs or contracts with an illegal alien.
2. The Contractor represents, warrants, and agrees that it has verified that
:t does not employ any illegal aliens; that it has participated or attempted to
:articipate in the Basic Pilot Employment Verification Program administered by
the Social Security Administration and Department of Homeland Security; and
rzherwise shall comply with the requirements of C.R.S. 8-17.5-102(2) (b).
3. The Contractor shall comply with all reasonable requests made in the course
of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor
and Employment. If the Contractor fails to comply with any requirement of this
provision or C.R.S. 8-17.5-101 et seq., the BOCC may terminate work for breach
and the Contractor shall be liable for actual and consequential damages to the
State.
4. If the Contractor is a sole proprietor, the undersigned hereby swears or
affirms under penalty of perjury under the laws of the State of Colorado that
(check one):
I am a United States citizen, or
I am a Permanent Resident of the United States, or
I am lawfully present in the United States pursuant to Federal law.
I understand that this sworn statement is required by law because I
am a sole proprietor entering into a contract to perform work for
the BOCC. I understand that state law requires me to provide proof
that I am lawfully present in the United States prior to starting
work for the BOCC. I further acknowledge that I will comply with
the requirements of C.R.S. 24-76.5-101 et seq. and will produce the
required form of identification prior to starting work.
I acknowledge that making a false, fictitious, or fraudulent statement or
representation in this sworn affidavit is punishable under the criminal laws of
Colorado as perjury in the second degree under C.R.S. 18-8-503.
Ai
CERTIFIED and AGREED to this RAJ day of )A .wk4.sy , 2001L.
CONTRACTOR:
Aiv6zlc 6.74 6vi - L"JnisTllc€ rz'e ., C.
(Contractor Full Legal Name) FEIN or�Social Security Number
By: JRnJL-c- t / f /ft
Title
Permit Number: GRB09-D-4 Exhibit
Feb -26-2009 05:08om From -
In Response Refer To:
9232 (CO -130)
COC 73628
T-523 P.001/003 F-144
OPTIONAL FOAM 99 (7-901
FAX TRANSMITTAL delpzges►
Flwn Vl vis-k� S1=14
Phone ptiff•
Fax t °ick- m t/1" `i"•
NON 7540-01-377.7368 3049-101 GENERAL SERVICES ADMINISTRATION
T0JV 1c_k Rce.
Dept./Agency
F8".603, . [ I ' V 1
NOTICE OF TRESPASS
CERTIFIED MAIL NO 7007 0710 0001 0618 0318
RETURN RECEIPT REQUESTED ,
American Civil Constructors
Attn: Nick Poke
4901 South Windermere
Littleton, Colorado 80120
Dear Mr. Polce:
FEB 2 5 2009
The United States of America, through the Bureau of Land Management, instituted trespass
proceeding against American Civil.Constructors (ACC) for unauthorized use of public lands
pursuant to Title 43 CFR §2920.1-2 under the authority of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.). Case File number COC 73628 was assigned
to this Notice of Trespass. Surface clearing of vegetation and removal of top soil were not
authorized on public land located in Section 33 Track 133 B, Township 6 South, Range 98 West,
6th Principal Meridian.
The BLM Grand Junction Field Office (GJFO) received a phone call on January 23, 2009 from
American Civil Constructors representative inquiring about access across public lands to reach a
borrow pit:that would be placed on private land. The borrow pit would provide fill material for
the Garfield County 204 Road Project. The application process for an access road was
discussed: On February 9 2009 you contacted our office torreport that your company had
encroachedon• •. ,fr.;c ,:`,_.r:=C'..... x, .,'.:- I
BLM during construction of the"Erwii borrow pit: The details of thJe trespass
were discussed and you agreed to bring maps and photos to our office for review, On February
11, 2009 you attended a meeting with the ELM GJFO staff to discuss the trespass and determine
the exact location. The location of the trespass was confirmed at this meeting and further details
about the surface clearing activities were provided and a field visit was scheduled.
Feb -26-2009 05:08pm From- T-523 P.002/003 F-144
On February 12, 2009 ACC and BLM staff attended a site visit to review the extent of the
damage and to discuss required reclamation activities. ACC was directed to roughen the soil
surface, scatter shredded vegetation on the surface, and seed with a modified seed mix that was
directed to be used on the Garfield County Road 204 Project. ACC was also directed to provided
a additional details about their plan for restoration of the outlet of the drainage on the west side
of the trespass area. ACC was directed to provide a break in the slash pile of pinyon and juniper
to allow for water to keep water from ponding up prior to the completion of reclamation
activities. ACC agreed to provide our office with the requested information and to complete the
required reclamation on public lands once the required seed mix was determined.
ACC is required to perform the reclamation activities as directed by the ELM by March 16,
2009. Failure to complete these activities and to respond to this notice in a timely manner may
result in trespass penalties and a citation for your appearance before a designated United Sates
magistrate who may impose a fine of not more than $1,000 or imprisonment of not more than 12
months, or both, under Title 43 CFR §9262.1
Dated this 20th day of February, 2009
ath. &AA
Signature of Authorized Officer
Field Manager
Title
Attachment
Trespass Location Map
cc: Travis Marshall, Colorado Division of Reclamation Mining and Safety
Feb -26-2009 05:09pm From -
ti db, 4,,
I,.
Y
T-523 P. 003/003 F-144
41
,r
r � �
.may. . 01
6th PM,
T. 6 S., R. 98 W.,
Section 33 TR 133 B
Garfield County, Colorado
Long Point, CO USGS Quad.
-ti
Grand Junction Field Office
American Civil Constructors
Trespass - Erwin Pit
COC 73628
0 0.1250.25 0.5 0.75 1
Miles
BLM
BOR
USFS
PRIVATE
f- rOr3`os0DRMS ` <JVf _I
-11 I Permit Area, '
:Mining Area 111 Permit Arca{N
4.29 act s� fytining� '.
s
,(--.111i
leariCreek Road
Notes:
Revisions
Add BLM Disturbance
BY DATE
RE
2/20
DES RE
DRN RE
CHK
APPD
DATE
2/27/09
SCALE
1" = 3500'
Greg Lewicki And Associates
I1E4l Wari,yycel Caul Phan 4.30.1)-346-5195
Parker, CO USA ba1?e E•Mad • mlopnevi,ca br
American Civil Constructors Inc.
Map A-1
General Location Map
Erwin Pit
STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: (303) 866-3567
FAX: (303) 832-8106
March 2, 2009
Mr. Ryan Ellis
Greg Lewicki and Associates
11541 Warrington Court
Parker, CO 80138
COLORADO
DIVISION OF
RECLAMATION
MINING
SAFETY
Bill Rater, Jr.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Division Director
Naa ra! Resource Trustee
Re: Purr Pit, American Civil Constructors, LLC, 111 Permit Application No. M-2009-001, Approval.
Dear Mr. Ellis:
The Division of Reclamation, Mining and Safety has completed the review- process for the above referenced III
application and determined that American Civil Constructors, LLC has met the requirements for a l l ie
application under the Rules and Act, Staff is pleased to inform American Civil Constructors, LLC and Greg
Lewicki and Associates that the application is approved.
According to staff estimates the reclamation bond of $30,000.00 is adequate to perform the required and approved
reclamation.
If you need additional information, please contact me at the Division of Reclamation, Mining and Safety, Grand
Junction Field Office, 101 S. 3rd St., Suite 301, Grand Junction, Colorado 81501, telephone no. (970) 241-2042.
Sincerely,
Travis Marshall
Environmental Protection Specialist
Cc: Steve Shiley, Senior Environmental Protection Specialist
Office of Office of
-- � ,-a t,,..rrnn • nurnnen Active and Inactive Mines
STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: (303) 866-3567
FAX: (303) 832-8106
DATE: February 9, 2009
uEcErvFr
HR 1 12009
GAR rE0 COUN"r.
BUILDiNC .a PLANNI; r..
Notice of Special 111 Construction Materials
Reclamation Permit Application Consideration
TO: Garfield County Planning Department
Planning Director
108 8th Street, Suite 201
Glenwood Springs, CO 81601-3355
FROM: Travis H. Marshall, Environmental Protection Specialist Ns- Svc- •N-1+`�
RE: American Civil Constructors, LLC, Furr Pit, File No. M-2009-001
COLORADO
DIVISION OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
Please be advised that American Civil Constructors, LLC, whose address and telephone number are 4901 South
Windermere , Littleton, CO 80120; (303) 795-2582, has filed a reclamation permit application to extract construction
materials with this office. The operation will be located at or near Section 11, Township 8S, Range 98W, 06th Prime
Meridian, in Garfield County. Please be advised that the permit area may be located in more than one Section, Township,
and Range. The applicant proposes to reclaim the site for Rangeland.
The decision date for this application is scheduled for March 2, 2009, providing all permit requirements have been met.
Any comments or objections must be submitted in writing and be filed with the Division of Reclamation, Mining and
Safety no later than 5:00 p.m. on February 16, 2009 to be considered in the application review process. If we do not
receive your comments or any objection by the end of the public comment period, the Office will assume you have no
objection or comment to the proposed activity.
Office of
Mined Land Reclamation
Office of
Denver • Grand Junction • Durango Active and Inactive Mines
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
/313 Sherman St., Room 215
Denver, Colorado 80203
Phone: (303)866-3567
FAX: (3031832-8106
Operator:
Operation:
Permit No.:
__STATE OF COLORADO
RECEIVED
FEB 19 2009
Division of Reclamation,
Mining and Safety
nermen
FINANCIAL WARRANTY
CORPORATE SURETY
American Civil Constructors Inc.
t)
1i
+_^c'+ ani Bond No.:
Warrantor: Western Suret Com an
Street: 10375 Park Meadows Drive
City: Littleton
State: Colorado
Area Code: 303
929469667
Zip Code: _80124
Telephone:
-X5$-4338
This form has been approved by the Mined Land Reclamation Board pursuant to sections 34-32-117, CR.S., of the Mined Land
Reclamation Act and 34-32.5-117, C.R.S., of the Colorado Land Reclamation Ac/for the Extractloss of Coust,uaj0, Mater/ak. Any
alteration or modification of this form, without approval by the Board shall result in the financial warranty being invalid and result
in the voiding of any permit issued in conjunction with such inva/idjlnanclal warranty and subject the operator to cease and desist
orders and civil penalties for operating without a permit pursuant to sections 34-32-123, C.R.S., of the Mined Land Reclamation Act
and 34-32.5-123, CR.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials.
KNOW ALL MEN BY THESE PRESENTS, THAT:
WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 1973, 34-32-101 et ,_eg. (the "Act"), as amended,
provides that no permit may be issued under the Act until the Mined Land Reclamation Board (the "Board") receives a
Financial Warranty int Warranties) as described in the Act,
WHEREAS, American Civil Constructor$.a__h4� ,_ (the "Operator"), aColorado
corporation, has applied for a permit to conduct a mining operation known as fu
"Operation"), on certain lands in -- . These 1 r (the
Rta`---- — County, Colorado. These lands are described in the
permit application, as amended and supplemented, and are referred to herein as the "Affected Lands".
WHEREAS, in the application for the permit, the Operator has agreed to be bound by all requirements of the Act and all
applicable mles and regulations of the Board, as amended from time to time.
WHEREAS, in the application for the permit, the Operator has agreed with the Board to provide for reclamation of the
A fleeted Lancls that are now, or may become, subject to the permit, as required by law.
COLORADO
D1VIb(oN OF
RECLAMATION
MINING
SAFETY
Ilii! Ritter, Ir.
Covennr
Harris 0. Sherman
Fxe :eti,e Director
Ronald W. C:aeanv
Divisive Oi:eclot
Natural Resource rrnter.
Office of
FAmed Lind Reclamation
Deliver • Grand function • Durango office of
Active and Inactive Mines
-2 -
WHEREAS, the Operator and Western Suret co
organized and existng under the laws of the State of South Dakota (the Warrantor"), a corporation
ly
bonding and surety business in the State of Colorado are hereby and firmly boundmun oath euSltatezin the ed an
of
Thirt Thousand and No 100
Dollars ($ : 30,000.00 ) for the life of mine or until such time as
replacement is received, for the payment of which sum, well and truly made, we hereby bind ourselves and our personal
representatives, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs of reclamation of the
Affected Lands are those amounts for the stated periods of time as set forth herein. Said amount maybe amended from time
to time to reflect revised estimates of said costs of reclamation.
or, in
that it will beAresponsible forr all the estimated tcosts of reclamation ance with
wite regard to the Affected Lands.
Operator
Act, has P hereby promises the Board
WHEREAS, the Board has determined that this Financial Warranty by the Warrantor equals the estimated costs of
reclamation, as approved by the Board, with regard to the Affected Lands.
NOW, THEREFORE, the Operator and the Warrantor are held hereby firmly unto the State of Colorado in the amount
of those sums for those periods of time as set forth herein, until this Financial Warranty is amended or released in accordance
with applicable law.
The Board may, for good cause shown, increase or decrease the amount and duration of this Financial Warranty. The
Operator shall have sixty (60) days after the date of notice of any such adjustment to increase the surety amount, but no such
increase shall bind the Warrantor unless and until it shall have consented thereto in writing by the issuance of an additional
Financial Warranty or by an endorsement to this Financial Warranty.
The Operator and the Warrantor shall notify. the Board immediately of any event which may impair this Financial Warranty.
If the Board receives such notice, or othenvise has reason to believe that this Financial Warranty has been materially
impaired, it may convene a hearing in accordance with the Act for the purpose of determining whether impairment has
occurred.
The obligation of the Operator and the Warrantor shall continue until the Board has released this Financial Warranty or has
ordered it forfeited in accordance with applicable provisions of the Act. It is understood that periods of years may
necessarily he required before determinationcan be made that reclamation of the Affected Lands has been satisfactorily
completed. It is also recognized that, as reclamation is accomplished, the amount of this Financial Warranty may be reduced
with the approval of the Board so that it reflects the then current estimated cost of the remaining reclamation of the Affected
Lands. No revision, extension, or renewal of the permit, or of the time allowed to complete reclamation, shall diminish the
Operator's or Warrantees obligation under this Financial Warranty. No misrepresentation by the Operator which may have
induced the Warrantor to execute this Financial Warranty shall be any defense to demand by the State under this agreement.
In any single year during the life of the permit, the amount of the Financial Warranty shall not exceed the estimated cost of
fully reclaiming all lands to be affected in said year, plus all lands affected in previous permit years and not yet fully
reclaimed. Reclamation costs shall be computed with reference to current reclamation costs.
The amount of this Financial Warranty is based upon estimates as to the cost of reclamation, and does not operate to
liquidate, limit, enlarge or restrict the Operator's obligations to complete reclamation and to comply in all respects with the
permit and with applicable laws and regulations governing reclamation, even though the actual cost thereof may substantially
exceed the amount of this Financial Warranty.
The Mined Land Reclamation Board or the Office of Mined Land Reclamation may recover the necessary costs, including
attorney's fees or fees incurred in foreclosing on or realizing the collateral used in the event this Financial Warranty is forfeited.
The face amount of this Financial Warranty shall be increased by five hundred dollars ($500.00) to cover these costs.
The Warrantor shall not be liable under this Financial Warranty for an amount greater than the sum designated herein, unless
increased by a later amendment to this Financial Warranty. This Financial Warranty shall be reviewed by the Board from
time to time, and the Board may require an increase in the principal sum of this Financial Warranty (and a corresponding
increase in the surety amount) to cover increases in the estimated costs of reclamation, but no such increase shall bind the
Warrantor unless and until it shall have consented thereto in writing by the issuance of an additional Financial Warranty or
by an endorsement to this Financial Warranty.
The Warrantor reserves the right to cancel this Financial Warranty, effective only upon an anniversary date, and only by
giving written notice to that effect, mailed by Certified Mail, at least ninety (90) days prior to such anniversary date,
addressed to both the Operator at its address herein stated, and to the Board at the address herein stated. In the event of such
cancellation, this Financial Warranty shall nevertheless remain in full force and effect as respects the reclamation of all areas
disturbed prior to the effective date of such cancellation, unless and until the Operator shall file a substitute Financial
Warranty which: (I) assumes liability for all reclamation obligations which shall have arisen at any time while this Financial
Warranty is in force; and (2) is accepted in writing by the Board.
In the event of such cancellation, if the Financial Warranty is not fully released, the amount of the continuing Financial
Warranty available for the reclamation of areas disturbed and unreclaimed at the date of cancellation shall be fixed by the
Board at the amount it determines necessary to complete such reclamation (which amount may not exceed the sum
designated herein) and the Board shall concurrently identify such areas in writing, and notify the Warrantor and the Operator
thereof. Thereafter, the obligation of the Warrantor shall be limited to reclamation of the areas so identified.
The consideration for the Warrantor's execution of this agreement is the promise of the Operator to pay the premiums, but
failure by the Operator to pay such premiums shall not invalidate or diminish the Warrantor's obligation hereunder.
The Board may make demand upon the Warrantor for payment hereunder if the Board determines that reclamation which
ought to have been performed by the Operator, or its successors or assigns, remains unperformed, and if Financial Warranty
forfeiture procedures required by law have been initiated. No other condition precedent need be fulfilled to entitle the State
to receive the amount so demanded. However, if, upon completion of reclamation by the State. the amounts expended for
reclamation shall he less than the amount received from the Warrantor, the excess shall be promptly refunded to the
Warrantor.
If demand is made upon the Warrantor for payment of an amount due to the Board hereunder, and if the Warrantor fails to
make payment of such amount within ninety (90) days after the date of receipt of such demand, or if it should thereafter be
determined, by agreement of the Warrantor or by final judgmentof court, that the amount demanded was properly payable,
the Warrantor agrees to pay to the Board, in addition to the amount demanded, interest at the prime rate in effect from time
to time at The United Bank of Denver for the period commencing at the end of such ninety -day period and ending on the
date of actual payment.
If the Board shall notify the Warrantor that the Operator is in default, and if the Board shall initiate any Financial Warranty
forfeiture procedures required by law or regulation, the Warrantor may, in lieu of making payment to the Board of the
amount due hereunder, cause the reclamation to be timely performed in accordance with all requirements of the Act and all
applicable rules and regulations. In such event, when and if the reclamation has been timely performed to the satisfaction of
the Board or Division, this Financial Warranty shall be released. If the reclamation shall not be so performed to the
satisfaction of the Board or Division, this Financial Warranty shall remain in full force and effect.
This Financial Warranty shall be subject to forfeiture whenever the Board determines that any one or more of the following
circumstances exist:
I. A Cease and Desist Order entered pursuant to Section 34-32-124 of the Act has been violated, and
the corrective action proposed in such Order has not been completed, although ample time to have done so has elapsed; or
2. The Operator is in default under its Performance Warranty, and such default has not been cured,
although written notice and ample time to cure such default has been given; or
3. The Operator and/or the Warrantor has failed to maintain its Financial Warranty in good standing as
required by the Act; or
Act.
4. The Warrantor no longer has the financial ability to carry out its obligations in accordance with the
The description of lands herein is for convenience of reference only, amino error in such description, nor any revision of the
permitted mining area, nor the disturbance by the Operator of lands outside of the permitted mining area shall alter or
diminish the obligations of the Operator and/or Warrantor hereunder, which shall extend to the reclamation ofall such lands
disturbed.
If this Financial Warranty applies to National Forest System lands, and if this Financial Warranty is accepted by the United
States Forest Service ("U.S.F.S.") as the bond required under 36 C.F.R. 228.13, then the Operator, having requested that the
Board and the U.S.F.S. accept this single Financial Warranty in lieu of the separate bonds which would otherwise be
required by applicable law, hereby agrees that, notwithstanding any other provision hereof, or of law, this Financial 'Warranty
shall remain in full force and effect until U.S.F.S. has advised the Board by written notice that the Operator's obligations to
U.S.F.S., for which this Warranty is executed, have been satisfied, and until the financial warranty has been released by the
Board.
If this Financial Warranty applies to lands under the jurisdiction of the State Board of Land Commissioners ("Land Board"),
and if this Financial Warranty, in whole or in part, is accepted by the Land Board as the bond required under its applicable
law and procedures, then the Operator, having requested that the State accept this Financial Warranty in lieu of the separate
bonds which would otherwise be required by the Colorado Mined Land Reclamation Board or Division of Reclamation,
Mining and Safety and by the Land Board, hereby agrees that, notwithstanding any other provision hereof, or of law, this
Financial Warranty shall remain in full force and effect until the Board is notified in writing by the Land Board that the
Operator's obligations to the Land Board, for which this Warranty is executed, have been satisfied, and until the financial
warranty has been released by the Board.
If all or any part of the Affected Lands are tinder the jurisdiction of the Bureau of Land Management, United States
Department of the Interior (the 'BLM"), and if, at the request of the Operator on this Financial Warranty, the BLM has.
pursuant to 43 C.F.R. 3809.1-9, accepted this Financial Warranty in lieu ofrequiringa separate reclamation bond payable to
the United States, then, notwithstanding any other provision of this Financial Warranty, or of law. the Operator and
Warrantor hereby agree that this Financial Warranty shall not be released until the Board is advised in writing by the BLM
that the Operator's obligations to the BLM, for which this Warranty is executed, have been satisfied, and until the financial
warranty has been released by the Board.
This Financial Warranty may be executed in multiple copies, each of which shall be treated as an original, but together
they constitute only one agreement, the validity and interpretation of which shall be governed by the laws of the State of
Colorado.
The provisions hereof shall bind and inure to the benefit of the parties hereto and their successors and assigns,
SIGNED, SEALED AND DATED this 10th day of February 2009 .
Western Surety Company (SEAL)
Warrantor
Janet . Rojo, Attorney -in -Fact
American Civil Constructors, Inc.
Oper
By:
e4—
NOTARIZATION
NOTARIZATION OF WARRANTOR'S ACKNOWLEDGEMENT
STATE OF California )
) SS.
COUNTY OF San Francisco
The foregoing instrument was acknowledged before me this 10th
by Jaugt C Rojo as Attorne
yBEllY L. TOLENTINO
fli COMM. #1560454
-o
J a.} m NOTARY PUBLIC -CALIFORNIA p
\
SAN FRANCISCO COUNTY -
\"aI r My Comm. Fxpfres Apr. 12, 2009
day of February
NOTARY PU
IC
AL)
2009
of Western SuretLCompany
My Commission expires: April 12, 2009
vvestern Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State. of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
M Moody, J M Albada, Swan Lee, Susan Hecker, Janet C Rojo, Betty L Tolentino, Maureen
O'Connell, Brian F Cooper, Robert P Wrixon, Individually
of San Francisco, CA, its true and lawful Attomey(s)-in•Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 26th day of April, 2007.
State of South Dakota
County of Minnehaha
}
ss
WESTERN SURETY COMPANY
Paul 7!Bmflat, Senior Vice President
On this 26th day of April, 2007, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which
executed the above instmmenq that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seat; that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires
November 30, 2012
I
+
D. KRELL
; HOTapr Pu6uc
l s SOUTH DAKOTA Bimi
e
•
• CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this 10th day of February 2009'
WESTERN SURETY COMPANY
D. Krell, No n ry Public
Fenn F4280-09-06
L. Nelson, Assistant Secretary'— -.
NOTARIZATION OF OPERATOR'S ACKNOWLEDGEMENT
STATE OF GCI QjrotatO
COUNTY OF Airael 1OC
)
) ss.
The foregoing instrument was acknowledged before rile this co i day of Feb-I/la 20c
by, Pia nd y Mtentcr as V1 CC 514u
°f
l`t`ttputttm in4,1 Ail'h�CGt?'I Uhti (.OY),9i-Vl t.c�r
�04.BIC@,9A, IOCOC. .
I { ®+� �S1 NOTARY PUBLIC
«, Pus4%C 1 ,a
S14:1. co....drg\)%4
PO ''4484n11)1tes
APPROVED:
State of Colorado
Mined Land Reclamation Board
Division of Reclamation, Mining and Safety
kilatuis
My Commission expires: 1 - (i - 0/0I d
By Date:
Division Director
n1: ininuhue.bondfomieCorponie Avery RIMSED I0/1697
DIVISION OF RECLAMATION, MINING AND SAFETY
Deparfrnent of Natural Resources
1313 Sherman St, Room 215
Denver, Colorado 80103
Phare: (303) 866.3567
FAX: (303) 832-0106
Operator:
Operation:
Permit No:
STATE OF COLORADO
PERFORMANCE WARRANTY
COLORADO
DIVISION Of
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Cuvermor
Harris D. Sherman
Executive Director
Ronald W. Cattany
DlvWon Director
Natural Resource Trustee
This form has been approved by the Mined Land Reclamation Board pursuant to sections 34-32-117, C.R.S.,
of the Mined Land Reclamation Act and 34-32.S-117, C.R.S., of the Colorado Land ReclamanonAct for the
Extraction of Construction Materialist Any alteration or modification of this form, without approval by the
Board shall result in the financial warranty being invalid and result in the voidingofan
conjunction with such invalidfinancial warranty and subject the operator to cease and desist orders and civil
penalties for operating without a permit pursuant to sections 34-32-123,. any permit issued in
Reclamation Act and 34-32.5-123, CRS., of the Colorado Land Reclamation Act for theeEMined Land
xt7traction of
Construction Materials.
KNOW ALL MEN BY THESE PRESENTS, THAT:
WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 e s
amended, and the Colorado Land Reclamation Act for the Extraction of Construction Materials,
C.R.S. 34-32.5-101 et seg. -( �• (the "Act"), as
Mined Land ReclamationseBoardAct"),asamended,providesthatno
(the "Board") receives a permit may (orbe issued under
s) the Act writtent the
promise to comply with all applicable requirements of the Act.
warranty warranties) that is a
,cn,.t ��f
conduct a mining � o Ce vs �eve-P es
lands in s operation k
WHEREAS, �2nown as
�____ yi , I.� (the "Operator"), has applied for apemut o
County, Col(the "Operation") on certain
amended and supplemented, and are referred to herein as the "At se lfecwands" t 'in the pennit application, as
WHE
AS, in its
cation for the permit, the
the Act and alba applicable rules and regulations of the Board, as has agreed
to bound by all requirements of
as amended from time to time.
WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs of
reclamation with regard to those affected lands in
subject to the permit are those amounts for the stated periods of time as set forth in the financial warranty, which
maybe-�—'Countywhichaenowormaybecome
amended from time to time to reflect revised estimates of said costs of reclamation.
Office of
-2 -
WHEREAS, the Operator hereby gives the Board a performance warranty pursuant to
Section 34-32-117(2) or Section 34-32.5-117(2) of the Act, and herein promises the Board that it will comply
with all applicable requirements of the Act with regard to those Affected Lands.
NOW, THEREFORE, the Operator hereby promises the Board that it will comply with all applicable
requirements of the Act and rules and regulations of the Board with respect to the Affected Lands.
FURTHER, the Operator hereby promises the Board that it will comply with all of the terms of the
application for a permit, as amended and supplemented, as well as any conditions attached to the permit by the
Board.
FURTHER, the Operator promises the Board, pursuant to 34-32-112(2Xd) or 34-32.5-112(lXc)(iv) of the
Act, that it has the lawful authority to enter upon the Affected Lands to conduct mining operations, including, but
not limited to, reclamation. The Operator further recognizes the right of the Board to enter to reclaim lands
affected by the operation.
The description of lands herein is for convenience of reference only, and no error in such description, nor
any revision of the permitted mining area, nor the disturbance by the Warrantor of lands outside of the permitted
mining area shall alter or diminish the Operator's obligation hereunder, which shall extend to the reclamation of
all such lands disturbed.
The obligation of the Operator hereunder is such that, if the Operator shall successfully comply with the
requirements of the Act, applicable rules and regulations, and the permit, then the Board, upon a finding that the
Operator has so complied, shall release this performance warranty, and the Operator from its obligation
hereunder, to the extent that the Board determines that such compliance has been accomplished. The obligation
of the Operator hereunder shall continue until released in whole or in part by the Board in accordance with
applicable law.
In further satisfaction of the requirements of the Act, the Operator promises to be responsible for the cost
of reclamation up to the amount established by the Board and has attached hereto its financial warranty, which
may be amended from time to time. The Operator agrees that it will maintain a financial warranty (or warranties)
for the estimated costs of reclamation in good standing for the entire life of the permit. Please note that under the
provisions of the Colorado Mined Land Reclamation Act and the Colorado Land Reclamation Act for the
Extraction of Construction Materials, any Applicant or Operator that submits proof, acceptable to the Board or
Division of Reclamation, Mining and Safety, that an Applicant or Operator is a unit of County or Municipal
government, or is a department or division of State government, the Applicant or Operator is not required to
submit or post any other instrument of financial responsibility but hereby promises to be responsible for the cost
of reclamation up to the amount specified by the Board.
If the Board determines that the Operator is in default under this performance warranty and has failed to
cure such default, although written notice of such default and ample time to cure such default have been given,
the Operator's financial warranty shall be subject to forfeiture.
This performance warranty may be executed in multiple copies, each of which shall be treated as an
original, but together they constitute only one agreement, the validity and interpretation of which shall be
governed by the laws of the State of Colorado.
-3 -
The provisions hereof shall bind and inure to the benefit of the parties hereto and their successors -and assigns.
SIGNED, SEALED AND DATED this 2C; } day of Fc,N;L„„1gu 2001
AMtfucla/-t Civet CrNST/Wei eS,- SEAL)
Title: L/ . CQ rrosc c (-10..,A
NOTARIZATION OF OPERATOR'S ACKNOWLEDGEMENT
STATE OF tel (Ai D )
)ss.
COUNTY OF r)ztat Lt) Ot? )
The foregoing instrument was acknowledged before me this o{ U' day of le o(kAa f , j , aooq
by V -c fl&&R4 1AG-hrr as \lice P(G`oi(/(Cftk of Anicrkccch (tvi\ (nSt',n,tcaies,
*i la 1*1
PUBLIC
s o��iiI 065 00 ep404.7t\ w
APPROVED: se/on Exp\�O
State of Colorado
Mined Land Reclamation Board
Division of Reclamation, Mining and Safety
LA6krt, t kc4"Jt c2
NOTARY PUBLIC
My Commission expires: g -1k-90k 1:2 -
By: Date:
Division Director
M:'nmilvhare\bondfomnperfomma Wamnty.doc (05/26/2004)
Tint
STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone; 1303) 866-3567
FAX:1303) 832-8106
CONSTRUCTION MATERIALS
SPECIAL (111) OPERATION
RECLAMATION PERMIT APPLICATION FORM
COLORADO
Division, 0 t
RECLAMATION
MINING
—&—
SAP ETY
Bill Riner, fr.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cauany
Division Director
Natural Resource Trustee
The application for a Construction Materials Special I 1 1 Operation Reclamation Permit contains four major parts: (1) the application form;
(2) Exhibits A -L, Addendum I, and any sections of Exhibit 6.5 (Geotechnical Stability Exhibit), as required by the Office, and outlined in
Rules 6.1, 6.2, 6.3, 6.5, and 1.6.2(1)(6); (3) the application fee; (4) the Performance Warranty and if required a Financial Warranty. When
you submit your application, be sure to include one (1) completed, signed and notarized ORIGINAL and one (1) copy of the completed
application form, two (2) copies of Exhibits A -L, Addendum I, appropriate sections of Exhibit 6.5 (Geotechnical Stability Exhibit), as
required, a check for the application fee described under (4) below, and the fully executed Performance Warranty and Financial Warranty, if
required. Exhibits should NOT be bound or in 3 -ring binders; maps should be folded to 8 2" X II" or 8 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 described below
Applicant/operator or company name (name to be used on the permit):
American Civil Constructors, LLC
1.1
Type of organization (corporation, partnership, etc.): Corporation
2. Operation name (pit, mine or site name): Furr Pit
3, Permitted acreage: 11 . 7 5 Permitted Acres
4, New Application: $898.00 Application Fee
5. Primary commoditie(s) to be mined: Fill Material
6. Name of owner to the surface of affected land: David Furr
7. Name of owner to the subsurface rights of affected land: David Furr
8. Type of mining operation: X Surface Underground „ In-situ
9. Location information: Tlx: center of the area where the majority of mining will occur:
COUNTY: Garfield
PRINCIPAL MERIDIAN (check one): X 6th (Colorado) 10th (New Mexico) _,____ Ltte
SECTION (write number): S 11
TOWNSHIP (write number and check direction): T 8 North X South
RANGE (write number and check direction): R 98 East X Wcst
QUARTER SECPION (check one): NE NW SE X SW
QUARTER/QUAR'T'ER SECFION (check one): __X _ NE ___..____ NW __ SE --�_ SW
GENERAL DESCRIPTION: (the number of mites and direction from the nearest town and the approximate. elevation): _.....___
5,5 miles northwest of De Beque, CO at elevation 5,280 feet msl.
Office of Offirx• of
Denver • Grand junction • Durango Active and Inactive Mines
Mined Land Reclamation
l0, 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 min sec
Longitude (W): deg min sec _
OR
Example: (N) 39.73691°
(W) -104.98449°
Latitude (N)
Longitude(W)
039,37116
108,29778
OR
Universal'franverse Mercator (UTM)
Example: 201336.3 E NAD27 Zone 13
4398351.2 N
(5 decimal places)
(5 decimal places)
UTM Datum (specify NAD27, NAD83 or WGS 84)
Easting
Northing -_
(2 decimal places)
(2 decimal places)
11. Primary Future (Post -mining) Land Use (cheek only one):
Cropland(CR)
_X Rangeland(RL)
Residential(RS)
Pastureland(PL)
Forestry(FR)
_ Recreation(RC)
Developed Water Resources(WR)
12. Primary Present Land Use (check only one):
Cropland(CR)
X Rangeland(RL)
Residential(RS)
Developed Water Resources(WR)
Pastureland(PL)
.__..... Forestry(FR)
Recreation(RC)
13. Estimated Beginning Date of Contract:
Zone
T General Agriculture(GA)
Wildlife Habitat(WL)
__ Industria I/Commercial(1C)
__ _ Solid Waste Disposal(WD)
General Agriculture(GA)
___ Wildlife Habitat(WL)
hulustrial/CommercialfC)
____. Mining(MN)
January 2009
December
13.1 Estimated completion date of contract: 2009
.... 2009
IS. Correspondence Information:
APPLICANT/QIIRATOR (name, address, and phone of name to be used on permit)
Contact's Name:
Company Name:
StreeUP.O. Box:
City:
State:
Nick Polce Title: Project Engineer
American Civil Constructors, LLC
4901 South Windermere P.O. Box:
Littleton
CO Zip Code: 80120
Telephone Number: ( 303 )_ 795-2582
Fax Number: ( 303
PERMITTING CONTACT
Contact's Name:
Company Name:
Street/P.O. Box:
City:
State:
Telephone Number:
Fax Number:
INSPECTION CONTACT
Contact's Name:
Company Name:
StreeUP.O. Box:
City:
State:
)_ 347-1844
(if different from applicant/operator above)
Ryan Ellis Title: Consultant
Greg Lewicki and Associates
11541 Warrington Ct
Parker
P.O. Box:
CO Zip Code: 80138
( 303
1-
L.3 0 3
L.303 )_
880-6690
346-6934
Nick Polce Title: Project Engineer
American Civil Constructors
4901 South Windermere P.O. Box:
Littleton
CO 80120
Zip Code:
Telephone Number: L303 l_ 795-2582
Fax Number: ( 303 ) 347-1844
CC._STATF. OR PEDERAL LANDOWNEE..(it_any)
Agency:
Street:
City:
State:
Telephone Number:
CC:_.$14T OR FEDERAL LANDOWNER (if any)
Agency:
Street:
City:
State:
Telephone Number: -
-
Zip Code:
Zip Code:
-4-
14. Maps & Exhibits: Submit two (2) complete, unbound copies of the following application exhibits:
6.3.1 EXHIBIT A - Legal Description and Location Map
6.3.2 EXHIBIT B - Site Description
6.3.2 EXHIBIT C - Mining Plan
6.3.4 EXHIBIT D - Reclamation Plan
6.3.5 EXHIBIT E - Maps, to include the location of any recorded easements
6.3.6 EXHIBIT F - List of Other Permits and Licenses Required
6.3.7 EXHIBIT 0 - Source of I..egal Right -to -Enter
6.3.8 EXHIBIT H - Municipalities Within a Two-mile Radius
6.3.9 EXHIBIT [ - Proof of Filing with County Clerk
6.3.10 EXHIBIT J - Proof of Mailing Notices of Permit Application
6.3.11 EXHIBIT K - Terms of Governmental Contract
6.3.12 EXHIBIT L - Permanent Man-made Structures
1.6.2(1)(b) ADDENDUM 1 - Notice Requirements
6.5 Geotechnical Stability Exhibit (as required)
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 ease contact this Office for a full explanation.
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;
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;
If your mining and reclamation operations affect areas beyond the boundaries of anapproved permitboundary, substantial
civil penalties, to you as pennittee can result;
4. Any modification to the approved mining and reclamation plan from those described in your approved application
requires you to submit a new permit application and obtain approval from the Board or Office;
ZAICr15. 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 raining activity; you must post a sign at the entrance of the mine site,
which shall he 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.
- 5 -
"~ U!w 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and
�j adequate to delineate such boundaries prior to site disturbance;
e.i" 4 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 Mineral Rules and Regulations in effect at the time the permit is
issued.
0.,Lit4.9. Annually, on the anniversary date of permit issuance, you must submit an annual fee ($504), 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, I995. 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 an
operator, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility.
NOTE TO COMVIMENTORS/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.
-6 -
Certification:
As an authorized representative of the applicant. I hereby certify that the operation described has met the minimum requirements of
the following terms and conditions:
1. All necessary approvals from local government have been applied for (Section 34-32.5-1 IA (1)(a)(IX));
2. This entire mining operation will not affect more than 30 acres;
3. This mining operation will not adversely affect the stability of any significant, valuable and permanent man-made
structure(s) located within two hundred (200) feet of the affected lands. (However, where there is an agreement between the
applicant/operator and the persons having an interest in the structure that damage to the structure is to be compensated for
by the applicant/operator (Section 34-32.5-115(4)(e), C.R.S. 1984, as amended), then mining may occur within 200 feet.
Proof of an agreement must be submitted to the Office prior to the decision date.)
4. 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. 1984, as amended);
5. As the applicant/operator, I do not have any mining/exploration operations in this 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. 1984, as amended) as determined through a Board finding.
6. 1 understand that statements in the application are being made under penalty of per jury and that False statements
made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. 1984, as amended.
This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-11.1,C.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 and desist orders and civil penalties
for operating without a permit pursuant to section 34-32.5-123, C.R.S.
Signed and dated this JL41- day of 3 of.hui1L , A
If Corporation Attest (Seal)
By: Get r OL ByB srt S'ns
� Cor rate S ret ry or Equivalen.t
Title:
State of �> GIC cJ )
ss.
r
County of rtJ(--V
Town/City/County Clerk
The foregoing instrument was acknowledged before me this .__ ... day of f C�.4 r UC
by -- ! `' C Yt!_l�L(c asc' .
......_1�.{ U_ ... ° ..[ (lt~ (.....__. of tree � ........ U _:..__./.. �..►_\_� ..... ��
'�... ..:(_ 5 � yY\ � �
Notary Public
My Commission expires.� TP l
SIGNATURES MUST BE IN BLUE INK
STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: (303) 866-3567
FAX: (303) 832-8106
RECEIVED
FEB 05 2009
Poi attd Saf!1+1n
CONSTRUCTION MATERIALS
SPECIAL (Ill) OPERATION
RECLAMATION PERMIT APPLICATION FORM
-aooq- 001
COLORADO
DIVISION OF
RECLAMATION
MINING
SAFETY
Bill Ritter, fr.
Governor '
Harris D. Sherman
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
The application for a Construction Materials Special 111 Operation Reclamation Permit contains four major parts: (1) the application form;
(2) Exhibits A -L, Addendum 1, and any sections of Exhibit 6.5 (Geotechnical Stability Exhibit), as required by the Office, and outlined in
Rules 6.1, 6.2, 6.3, 6.5, and 1.6.2(l)(b); (3) the application fee; (4) the Performance Warranty and if required a Financial Warranty. When
you submit your application, be sure to include one (1) completed. signed and notarized ORIGINAL and one (I) copy of the completed
application form, two (2) copies of Exhibits A -L, Addendum 1, appropriate sections of Exhibit 6.5 (Geotechnical Stability Exhibit), as
required, a check for the application fee described under (4) below, and the fully executed Performance Warranty and Financial Warranty, if
required. Exhibits should NQI be bound or in 3 -ring binders; maps should be folded to 8 2" X I I" or 8 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 described below
1.
Applicant/operator or company name (name to be used on the permit);
American Civil Constructors, LLC
1.1 Type of organization (corporation, partnership, etc.): Corporation
2. °aeration name (pit, mine or site name): Furr Pit
3. Permitted acreage: 11. 7 5 Permitted Acres
4. New Application: $898.00 Application Fee
5. Primary commoditie(s) to be mined: Fill Material
6. Name of owner to the surface of affected land: David Furr
7. Name of owner to the subsurface rights of affected land: David Furr
8. Time of mining operation: X Surface `_,_ Underground ___ En -situ
9. Location information: The center of the area where the majority of mining will occur:
COUNTY: Garfield
PRINCIPAL MERIDIAN (check one): X 6th (Colorado) 10th (New Mexico) Lite
SECUON (write number): S _1l
TOWNSHIP (write number and check direction): T 8 _____ North X South
RANGE (write number and check direction_._98,_,_,....__ _._98,_,_ __ East X West
QUARTER SECTION (check one): NE NW SE X SW
QUARTER/QUARTER SECTION (check one): X NE _ NW SE SW
GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation):
5.5 miles northwest of De Segue, CO at elevation 5,280 feet msl.
Office of Office of
Denver • Grand junction • Durango Active and Inactive Mines
Mined Land Reclamation
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):
Longitude (W): deg min
OR
Example: (N) 39.73691°
(W) -104.98449°
deg _____ min sec . (2 decimal places)
sec (2 decimal places)
Latitude (N)
Longitude(W)
039,37116
108,29778
OR
Universal Tranverse Mercator (UTM)
Example: 201336.3 E NAD27 Zone 13
4398351.2 N
(5 decimal places)
(5 decimal places)
UTM Datum (specify NAD27, NAD83 or WGS 84)
Easting
Northing
1 I. Primary Future (Post -mining) Land Use (check only one):
Cropland(CR)
X_ Rangeland(RL)
Residential(RS)
Pastureland(PL)
Forestry(FR)
Recreation(RC)
_ Developed Water Resources(WR)
12. Primary Present Land Use (check only one):
Cropland(CR)
R Rangeland(RL)
_ Residential(RS)
_ Pastureland(PL)
Forestry(FR)
Recreation(RC)
__ Developed Water Resources(WR)
13. Estimated Beginning Date of Contract:
Zone
_ General Agriculture(GA)
Wildlife Habitat(WL)
_ Industrial/Commercial(IC)
Solid Waste Disposal(WD)
__ General Agriculture(GA)
_ Wildlife Habitat(WL)
_ lndustrial/Commercial(IC)
Mining(MN)
January 2009
December 2009
13.1 Estimated completion date of contract:
15. Correspondence Information;
Z� APPLICANMERATOR (name, address, and phone of name to be used on permit)
Nick Polce
Title: Project Engineer
Contact's Name:
Company Name:
Street/P.O. Box:
City:
State:
American Civil Constructors, LLC
4901 South Windermere P.O. Box:
Littleton
CO 80120
Zip Code:
Telephone Number: ( 303 ). 795-2582
Fax Number: (3 0 3
347-1844
v PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name;
Company Name:
Street/P.O. Box:
City:
State:
Telephone Number:
Fax Number:
•'INSPECTION CONTACT
Contact's Name:
Company Name:
Street/P.O. Box:
City;
State:
Telephone Number.
Fax Number:
Ryan Ellis
Greg Lewicki and Associates
Title: Consultant
11541 Warrington Ct
Parker
P.O. Box:
CO
( 303 )_ 880-6690
Zip Code: 80138
( 303 I. 346-6934
Nick Polce
American Civil Constructors
Title: Project Engineer
4901 South Windermere
Littleton
P.O. Box:
CO
Zip Code: 80120
L303 )_ 795-2582
( 303 ). 347-1844
CC: _STATE OR FEDERAL LANDOWNER any)
Agency:
Street:
City:
State:
Telephone Number: („.)._---�
CC: STATE, QR FEDERAL LANDOWNER (if any)
Agency:
Street:
City:
State:
Telephone Number:
Zip Code: _,_,,
Zip Code:
14. Maps & Exhibits: Submit two (2) complete, unbound copies of the following application exhibits:
6.3.1 EXHIBIT A - Legal Description and Location Map
6.3.2 EXHIBIT B - Site Description
6.3.2 EXHIBIT C - Mining Plan
6.3.4 EXHIBIT D - Reclamation Plan
6.3.5 EXHIBIT E - Maps, to include the location of any recorded easements
6.3.6 EXHIBIT F - List of Other Permits and Licenses Required
6.3.7 EXHIBIT G - Source of Legal Right -to -Enter
6.3.8 EXHIBIT H - Municipalities Within a Two-mile Radius
6.3.9 EXHIBIT I - Proof of Filing with County Clerk
6.3.10 EXHIBIT I - Proof of Mailing Notices of Permit Application
6.3.11 EXHIBIT K - Terms of Governmental Contract
6.3.12 EXHIBIT L - Permanent Man-made Structures
I .6.2(1)(b) ADDENDUM I - Notice Requirements
6.5 Geotechnical Stability Exhibit (as required)
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.
e"1. 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;
The Board may suspend or revoke this permit, or assess a civil penalty, upon a fmding 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;
If your mining and reclamation operations affect areas beyond theboundaries of an approved pemtitboundary, substantial
civil penalties, to you as permittee can result;
Any modification to the approved mining and reclamation plan from those described in your approved application
requires you to submit a new permit application and obtain approval from the Board or Office;
('_v 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.
�1J�% 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 Mineral Rules and Regulations in effect at the time the permit is
issued.
0.1/4)49
L9. Annually, on the anniversary date ofpemrit issuance, you must submit an annual fee ($504), 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 an
operator, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility.
NOTE TO COMMENTORS/OBJECTQRS:
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.
-6 -
Certification:
As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of
the following terms and conditions:
1. All necessary approvals from local government have been applied for (Section 34-32.5-I 11(1)(a)(IX));
2. This entire mining operation will not affect more than 30 acres;
3. This mining operation will not adversely affect the stability of any significant, valuable and permanent man-made
structure(s) located within two hundred (200) feet of the affected lands. (However, where there is an agreement between the
applicant/operator and the persons having an interest in the structure that damage to the structure is to be compensated for
by the applicant/operator (Section 34-32.5-115(4)(e), C.R.S. 1984, as amended), then mining may occur within 200 feet.
Proof of an agreement must be submitted to the Office prior to the decision date.)
4. 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. 1984, as amended);
5. As the applicant/operator, I do not have any mining/exploration operations in this 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. 1984, as amended) as determined through a Board finding.
6. I 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. 1984, as amended.
This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-111,C 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 and desist orders and civil penalties
for operating without a permit pursuant to section 34-32.5-123, CR.S.
Signed and dated this 42.�'day of '3 ttnt.wetsy , At7C57
By: ,4et a.eg
Title: , ti ....ef • .ars
State of C i2\�r0.Ctc7 )
l�� ss.
County of (roc
If Corporation Attest (Seal)
By:
Co ' : rate S= .i ry or Equivalent
Town/City/County Clerk
The foregoingrl,instrument was acknowledged before me this a � day of _._-j_ U, _ 200 q__,
by ISL( PIAL.{ as 1'-_..._
�fc��-���Ll[�ClC4�i� .-fi.of�Maa`isulairiu (2nSS-1'vCCc1fS
Notary Public
My Commission expires: �\ I03 1 Yy
SIGNATURES MUST BE IN BLUE INK
0
LEGAL DESCRIPTION AND LOCATION MAP EXHIBIT A
The site is approximately 5.5 miles northwest of De Beque, CO. A legal description is shown on
Map E-1 which is included in Exhibit E. A general location map is enclosed as Map A-1 in
Exhibit A. The total permit area is 11.75 acres. The main entrance to the site is located at 039°
369757 N 108° 3006497 W on North Dry Fork Road. The center of the excavation is 039°
3709782 N 108° 2981536 W.
LEGAL DESCRIPTION
A tract of land located within the NE' 'A, SW ''A of Section 11, Township 8 South, Range 98 West
of the 6th Principal Meridian, Garfield County, State of Colorado and being more particularly
described as follows:
Commencing at the West Quarter of said Section 11;
thence N 14°03'23" B a distance of 295.38'; thence N 41 °05'28" E a distance of 216.04';
thence N 08°04'53" E a distance of 213.13'; thence S 66°51'10" E a distance of 181.20';
thence S 85°48'06" E a distance of 208.77'; thence N 55°43'44" E a distance of 185.71';
thence S 89°28'53" E a distance of 264.57'; thence S 15°29'02" W a distance of 673.52';
thence S 84°58'09" W a distance of 296.10'; thence S 89°53'52" W a distance of 561.77';
which is the point of beginning, having an area of 11.75 acres
The permit area of 11.75 acres is owned by David Furr.
The property described above is to be used for extraction of fill material, roads, berm and topsoil
stockpiles.
Furr Pit, February 2009 A-1
Erwin Pit - Adjacent Property Owner List
Parcel: 2413-042-00-003
Erwin Knirlberger
P.O. Box 42
DeBeque, CO 81630
Parreel: 2413-041-00-002, 2413-102-00-015, 2167-212-00-008
Chevron USA Inc.
CIO Chevron Texaco Property Tax
P.O. Box 285
Houston, TX 77001
Parcel: 2413-092-00-952, 2167-321-00-960, 2167-334-00-961
Bereau of Land Management
50629 Highway 6 & 24
Glenwood Springs, CO 81601
Parcel: 2167-333-00-018
Gary L and Tammie Lee Crossen
10566 CR 204
DeBeque, CO 81630
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR SPECIAL 111 OPERATION
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
Garfield COUNTY
American Civil Constructors (the "Applicant/Operator") has applied for a Special 111 reclamation permit from the
Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials in
Garfield 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 five (5) working days after the application was filed with the Division.
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 St., 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
a change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate
description of the changes.
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIj`'� CTIyF
FOR SPECIAL 111 OPERATION � �1
FEB 192009
NOTICE TO THE BOARD OF COUNTY COMMISSIONERARFIELD COUNTY
Garfield COUNTY BUILDING & PLANNING
American Civil Constructors (the "Applicant/Operator") has applied for a Special 111 reclamation permit from the
Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials in
Garfield 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 Range land 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 five (5) working days after the application was filed with the Division.
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 St., 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
a change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate
description of the changes.