HomeMy WebLinkAbout1.0 ApplicationSTATE OF COLOMDO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: (303) 866-3567
FAX: i303J 832-8106
DATE:
TO:
FROM:
RE:
Notice of 112 Construction Materials
Reclamation Permit Amendment Application Consideration
June I, 1998
Mr. Mark Bean
Garfield County Planning Department
Planning Director
I 09 8th St Ste 200
81601
. Mount, Senior Environmental Protection Specialist
Custom Crushing, Inc., MMM/Chambers Pit, Permit No. M-79-205
DEPARTMENT OF
NATURAL
RESOURCES
Roy Romer
Governor
James S. lochhead
Executive Director
Michael B. Long
Division Director
Please be advised that on June I, 1998, Custom Crushing, Inc., whose address and telephone number are P.
0. Box 1556, Rifle, CO 81650; (970) 625-3738, filed an Amendment application to M-79-205,
MMM/Chambers Pit, which is located at or near Section 11, Township 6S, Range 93W, 6th Prime Meridian,
in Garfield County. The application decision is scheduled for August 31, 1998.
A copy of the application is available for review at the Garfield County Clerk & Recorder's office and at the
office of the Division of Minerals and Geology, Room 215, 1313 Sherman Street, Denver, Colorado 80203.
All written comments or objections must be submitted within twenty (20) days of the date of the newspaper
public notice to be considered in the application review process by the Division. You should contact the
applicant for the newspaper publication date.
M:\OSS\SME\TEMP\R0820504.CBM
STATE OF COLORADO
Bi ll Owens, Governor
Jane E. Norton, Executi ve Direc tor
Dedica ted to pro tecting and improving the health and environment of the people of Colorado
4300 Che rry Creek Dr. S. Labo ratory and Radiation Services Division
Denve r, Co lorado 80246 -1530 8100 Lowry Blvd.
Phone (303) 692-2000 Denver, Colorado 80230-6928
TDD Li ne (303) 69 1-7700 (303) 69 2-3090
Located i n Glenda le, Co lorado
htt p://www.cdphe.s tat e.co. t1s
December 30, 2002
Rich ard Johnson, Resource Manager
Oldca stl e SW Group, Inc .
dba , United Co mp anies of Me sa Co unt y
P.O. Box 3609
Grand Junction, CO 8 1502
RE : Certification, Colorado Wastewater Discharge Permit System
Permit No., COG-500000, Facility Number: COG-500119
Garfield County
Dear Mr. Johnson :
Colorado Department
of Public Health
and Environment
Enclosed pl ease find a copy of your certificati on , whi ch was is sued under th e Colorado Water Quality
Control Act. You are lega lly obli ga ted to comply with all tenns and co nditi ons of th e pem1it and
cert ifi ca ti ons.
Pl ease read th e pennit and the cert ifi cat ion ; if you have any que sti ons co nt act me at (303) 692-3599.
Sincerely,
~~~
Darlene Case y
Program Ass istant
Water Qua lity Protec tion Sec ti on
WATER QUALITY CONT ROL DI VISION
Enc los ure
xc : Brnce Kent, Pennit Team, Enviro nm ental Protection Age ncy (8P2W -P )
Reg ional Co uncil of Gove rnment
Ide
Loca l Co unt y Health Dep artm ent
Dwa in Wa tson , D.E ., Technical Service Unit, WQCD
Pennit File
Pem1it Fee File
ce rt
CERTIFICATION
AUTHORIZATION TO DISCHARGE UNDER THE
CDPS INDUSTRIAL GENERAL PERMIT
Permit No. COG-500000
Facility No. COG-500119
CDMG Permit No. M-79-205
Page 1
FOR SAND AND GRAVEL MINING AND PROCESSING GENERAL PERMIT
Catego1y 07, Sub-categ01y 1 A -General Permits, Sand and Gravel -Process Water & Stormwater
SIC Code 1442, Sand and gravel mining, washing, crushing screening and stockpiling.
Current fee $193/year (effective July 1, 2002)
This permit specifically authorizes: Oldcastle SW Group, Inc. dba United Companies of Mesa County
Richard Johnson, Resource Manager
with the facility contact of
P.O. Box 3609
Grand Junction, CO 81502
(970)+243-4900 FAX: (970)+243-5945
Sanze as above
to dischargeji"omfacilities identified as the Rifle Pit, located in the SEY, of Section 10 and in the SW Y, of Section II and in the NW Y, of
Section 14 and in the NEY, of Section 15, T6S, R93W, Garfield County, as shown in Figure 1 of the permit, from outfall 001, as shown in Figure
2 of the permit and further identified and described in the following table.
Outfall Description and Treatntent Estimated Flow Rate
001 Discharge ji"om the settling basin prior to entering the Colorado River. Avg. -850 gpm
The discharge is to the Colorado River, Segment 1 of the lower Colorado River Basin, found in the Classifications and Numeric Standards (or
the lower Colorado River Basin (5 CCR 1002-37),effective Februmy 20, 2002. Segment 1 has been classified for the following uses:
Recreation. Class la; Aquatic life, Class 2 (Warm); Water Supply; Agriculture.
Salinity (TDS) monitoring of the discharge will be required.
Phosphorus monitoring of the discharge will not be required.
Antidegradation review does not apply to this permit.
At the time of application, tlze permittee certified that they had developed and implemented a Stormwater Management Plan (SWMP) for this
facility. As a condition of this permit, a copy of the SWMP must be provided to the Division upon request.
The per1nittee is encouraged to read the general rationale for an understanding of how this per1nit lvas developed and read the pennit to see
what requiren1ents exist. In the pennit, effluent litnitations and 1nonitoring/reporting require111ents are specified in Parts J.B. and /.C; special
notification requirements for effluent violations are addressed in Part II.A.
All correspondence relative to this facility should reference the specific facility number, COG-500119.
Effective OCTOBER J, 2002 Expires SEPTEMBER 30, 2007
This facility permit contains 25 pages.
Karen Young
October 23, 2002
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Custom crushin Custom cru h" 9 ... , .. Inc.
Sand and G~aing1 -Rifle ve Operat·
COG-500119 . . !On
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Pe.. RECEIVED JUN 1 9 2000
STATE OF COLOR.ADO
Bi ll Owe ns, Governo r
Jane E. No rton, Executive Directo r
Dedicated to protecting and improving the healt h and environment of the people of Colorado
4300 Cher ry Creek Dr. S. Laboratory and Radiation Services Divisio n
Denve r, Co lorado 80246-1530 81 00 Lowry Blvd.
Phone (303 ) 692 -2000 Denve r CO 80230-6928
TDD Li ne (303) 691-7700 (303) 692-3090
Located in Glenda le, Co lorado
h11p://W1¥\v.cdphe.state.co.t1s
June 13, 2000
Ken Nesbitt
United Companies of Mesa County, Inc.
P.O . Box 3609
G rand Junction, CO 8 1502
RE: Transfer of Ownership
Rifle
Permit Number: COG-500119, Garfield County
Dear Mr. Nesbitt:
Colorado Department
of Public Health
and Environment
The above-referenced permit h as been modified to reflect a name chang e from Custom Crushing, Inc. to United
Companies of Mesa County, Inc.
E n closed for your records, is a copy of the p ermit for which you have ass um ed responsibility, coverage and
liabilit y. Please fa miliarize yourself with the re quirements of the permit to ensure th a t a ll terms and conditions are
compli ed with.
If you have any ques tions regarding yo ur permit or permit fees, please contact me a t (303) 692-3599.
Sincerely,
JS)~~
Darlene Casey, Administrative Assistant
Water Quality Protection Section
WATER QUALITY CONTROL DIVISION
Enclosure
xc: Bill B . B ailey, Custom Cru shing, In c., P.O. Box 1556, Rifl e, CO 8 1650
Environmental Protection Age ncy, Bruce Kent, (8P2-W-P)
/de
L ocal H ea lth Department J
Dwain Wa tson, D.E ., Tec hni cal Services , WQCD
Le slie Simpso n, Data Management, WQCD
John Farrow, Assessment U ni t, WQCD
Fee File
Pemlit File
2273 River Road, P.O. Box 3609
Grand Junction, CO 81502
(970) 243-4900
21830 Hwy. 550 South, P.O. Box 1909
Montrose, CO 81402
1300 County Road 44ZN, P.O. Box 928
Norwood, CO 81423
(970) 249-1815 (970) 327-4586
FAX' (970) 243-5945 FAX' (970) 240·8497 FAX, (970) 327-4113
June 9, 2000
JUN 12 2000 !
WATER Qt '.,;;TY i
CONTROL-DX·. ::~c(}'-; i .. ··----J
Darlene Casey
Colorado Department of Public Health
Water Quality Control Division
WQCD-PE-B2
4300 Cherry Creek Drive South
Denver, Colorado 80246-1530
Re: Permit No. COG-500119, Change of Ownership
Dear Ms. Casey:
Pursuant to our telephone conversation today, I am providing you notice that ownership
of Custom Crushing, Inc, the holder of the above referenced permit, has changed to
United Companies of Mesa County, Inc. As such, Custom Crushing, Inc. no longer
exists as an operating entity. Please change the ownership of this permit to reflect these
changes. The relevant contact information is listed below.
Legal Contact: Ken Nesbitt
P.O. Box 3609
Grand Junction, Co. 81502
(970) 243-4900
Facility Contact:Paul McGehee
P.O. Box 3609
Grand Junction, Co 81502
(970) 243-4900
If additional information is needed, please contact me.
Sincerely,
UNITED COMPANIES
\)~ r McGet~
Paul E. McGehee
Resource Manager
STATE OF COLORADO
Roy Romer, Governor
Patti Shwayder, Executive Director
Dedicated to protecting and improving the health and environment of the people of Colorado
4300 Cherry Creek Or. S. Laboratory and Radiation Services Division
Denver, Colorado 80246-1 530 8100 Lowry Blvd.
Phone (303) 692-2000 Denver CO 80220-6928
Located in Glendale, Colorado (303) 692-3090
http://www.cdphe.state.co.us
December 30, 1998
Bill B. Bailey, President
Custom Crushing, Inc.
Custom Crushing -Rifle
P.O. Box 1556
Rifle, CO 81650
RE: Delinquent Discharge Monitoring Reports
Permit No.: COG500119; Garfield County
Dear Mr. Bailey:
Colorado Department
of Public Health
and Environment
Part J.B. !Monitoring and Reoorting) of the discharge permit for your facility requires that the discharge be
monitored at specified frequencies and that the analytical results be reported to this Division on Discharge
Monitoring Report (DMR) Form 3320-1. Failure to submit· DMRs within the required timeframe constitutes a
violation of your permit.
A review of our records indicates that we have not received the DMR for outfall OOlA for the period from July 1,
1998 through September 30, 1998. If your records indicate that the DMR for this outfall was submitted then
please check with me at (303) 692-3595 to make sure that it has been received by this office. lfwe have not
received it then we ask that you send a copy as well as a copy of the return receipt if it was sent by certified mail.
In the event that you have overlooked this submittal, the report is to be submitted immediately.
If you have any questions, please contact me at (303) 692-3595.
Sincerely,
Tania Watson, General Professional JI
Compliance Monitoring and Data Management
WATER QUALITY CONTROL DIVISION
xc: Local Health Department
SM/tw
D.E., Technical Services Unit, WQCD
MS-3 File
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DISTRICT COURT, WATER DIVISION NO. 5, COLORADO /f:--·· .~t .. ·<:>~~ .
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Application No. 87CW279 ;;,: . ;·:.) --------------------------------------------------------------~(;J::------------: J:J
RULING OF REFEREE \·:·:·.... <:'/
--- - - - - - - ---- - - - ---------- ---- ---------- - ---- - - - - ---- - -----------,;.,·~~·-:-""ii::~,, ·'f~,~:.-'
IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF YVONNE D.''cffAMBE~S::;'IN
THE COLORADO RIVER, IN GARFIELD COUNTY
-------------------------------------------------------------------------------
5. The points of storage are as follows:
A. Center of Yvonne Chambers ~ond No. 1 is located in Section.~
\( 11, T. 6 s., R. 93 W. 6th P.M. at a point 1258 feet S. of N. Line and 1900
·feet W. of E. line of said Sec. 11.
B. Center of Yvonne Chambers Pond No. 2 is located in Sec. 14,
'i T. 6 S., R. 93 W. 6th P.M. at a point 550 feet E. of W. line and 200 feet S.
~· of N. line of said Sec. 14.
C. Center of Yvonne Chambers Pond No. 3 is located at the South ''
"',.
'. ,, Quarter Corner of Sec. 11, T. 6 S., R. 93 W. 6th P.M. "·
\
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D. Center of Yvonne Chambers Pond No. 4 is located 860 feet E.
of SW Corner of Sec. 11, T. 6 S., R. 93 W. 6th P.M.
6. The use of the water is fish culture and the watering of 50 head of
livestock. Pond evaporation losses will be replaced by releases from Green
Mountain Reservoir pursuant to Senate Document 80.
7. The date of initiation of appropriation for all four ponds is 1975 .
----~8)
7 ,_. . Chambers 87CW279
Ruling of Referee ·c Page 2
\
8. The amount of water claimed for Chambers Pond No. 1 is 137 AF, for
Chambers Pond No. 2 is 239 AF, for Chambers Pond No. 3 is 2.58 AF and for
Chambers Pond No. 4 is 180 AF. All absolute for fish culture and collectively
for the watering of 50 head of livestock.
The Referee does therefore conclude that the above entitled Application
should be granted and that Chambers Pond No. 1 is hereby awarded 137 acre feet
of water, Chambers Pond No. 2 is awarded 239 AF of water, Chambers Pond No. 3
is awarded 2.58 AF of water and Chambers Pond No. 4 is awarded 180 AF of
water, all for fish culture and collectively the watering of 50 herd of
livestock, all with an appropriation date of the 31st day of December, 1975,
absolutely and unconditionally with evaporation losses to be replaced by
releases from Green Mountain Reservoir pursuant to Senate Document 80;
subject, however, to all earlier priority rights of. others and to the
integration and tabulation by the Division Engineer of such priorities and
changes of rights in accordance with law.
It is accordingly ORDERED that this Ruling shall be filed with the Water
Clerk subject to Judicial review.
It is further ORDERED that a copy of this Ruling shall be filed with the
appropriate Division Engineer and the State Engineer.
Dated //1,,..,,.//~ /?/J'
111-u C'.opy of the fcr..&:Jnc maned to all Counse~J record~a~r _
P.cl!ree-Dlv. lneerf::ind <-t"''l Engineer-te-4jJD7.j.f
. '1]~11 "' • . -
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BY THE REFEREE:
~P?vJJ,.t
wateneferee
Water Division No. 5
State of Colorado
No protest was filed in this matter. The foregoing Ruling is confirmed
and approved, and is made the Judgment and Decree of this Court.
Dated ~ Jf,/?f'i'
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FILED
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(( ( Exhibit C -Adjaciint aod Nearb:i Landowner§
Reference Exhibit C-1 which is a portion of a Garfield County Assessor's Map which shows all
public and private landowners adjacent to the pennit area.
Section Number Owner
11 306 Colorado Rivers Edge, LLC
P.O. Box 1556
Rifle, CO 81650
11 298 & 087 Richard N. Casey
P.O. Box 1815
Rifle, CO 81650
11 294 Kenneth, Patricia & Flint Chambers
P.O. Box 1092
Rifle, CO 81650-1092
11 285 Cottonwood Springs, LLC
% John R. Schenk
302 8'h Street, Suite 310
Glenwood Springs, CO 81601
( 11 082 Kenneth G. Spangler
27953 Highway 6
Rifle, CO 81650-6451
11 121 James & Colleen Carnahan
29641 Highway 6
Rifle, CO 81650
15 050 Rocks R Us LLC
P.O. Box 1556
Rifle, CO 81650
15 051 City of Rifle
P.O. Box 1908
Rifle, CO 81650
15 002 Golden Bluff Enterprises
P.O. Box 2104
Glenwood Springs, CO 8160 I
15 007 W. F. Clough
P.O. Box 686
Rifle, CO 81650
(
Rifle Service Park
(
Colorado Department of Highways
P.O. Box 2107
Grand Junction, CO 81502
Union Pacific Railroad
P.O. Box 5482
Denver, CO 80217
David Johnson -Lots 13 & 14
2720 Rail Ave.
Rifle, CO 81650
Conestoga Storage Partners -Lots 11 & I 2
% David Johnson
2720 Rail Ave.
Rifle, CO 81650
Marc Olaf & Doris Annette Gube -Lot 7
232 Aspen Road
Rifle, CO 8 I 650
Thomas J. Triplet -Lot 6
John R. Schenk
302 81h Street, Suite 310
Glenwood Springs, CO 81601
Stockade Storage LLC -Lots 1, 2, 5 , 8, 9 & 10
% John R. Schenk
302 glh Street, Suite 310
Glenwood Springs, CO 81601
Kenneth G. & Mary L. Spangler -Lots 3 & 4
27955 Highway 6
Rifle, CO 81650
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Custom Crushing Cusroiil6crushing, inc. ~z TITLE:
2 7346 Hwy. 8 & 2 4 U}v PROPERTY MAP P .O. B ox 1556 . I Rifle Col orad o 81 650 l:%j
• DWG. NAME: ., .. --~ARED BY : J. E. STOVER & ASSOt_IAT~S DRAWN BY: L.K.J. 05/08/98 DMG 1.0. No. M 79 205 EXHIBIT-C-1 --··-.:.o:.:.-2766 Cow.pa~ Dr .. S mtc l. 1 F..:::-~-"-"""'"'"::.=.:.~ .~' . · -: , C1·imd M .. CO Bl :>Oc>. DESIGNED BY: SCAL E: NONE F ·~=''""'·. . . . · ···-· ~;---. .:=:: CHECKED BY:
• '. • ·----w _... ·; -·--· ·-
(
Legal Right-to-Enter
Rocks R Us, LLC, owns a certain parcel of real property in the County of Garfield
and State of Colorado. The property was acquired by Special Warranty Deed
dated April 20, 1998 from Olivia A. Fawcett and is recorded in book 976 at page
548 in the real property records of Garfield County. Rocks R Us, LLC hereby
grants to Custom Crushing, Inc., the right-to-enter the subject property for the
purposes of surveying, exploring, drilling, mining by any method, washing,
crushing, processing, extracting, storing, shipping, removing and marketing
therefrom any or all of the sand, gravel and construction materials and any other
activities reasonably incident thereto. Custom Crushing, Inc., is further granted
the right to enter into and to immediately exercise dominant possession and
control of the subject property, including the use of the water rights associated
with the property, for a period of 20 years from the date of this agreement.
Rocks R Us, LLC
State of Colorado )
)SS.
County of Garfield )
The foregoing instrument was acknowledged before me this seventh day
of May, 1998, by Olivia A. Fawcett as member-manager of Rocks R Us, LLC, a
Colorado limited liability company, on behalf of the LLC.
Witness my hand and official seal.
My commission expires: 4-/0-c').OO.J..
Legal Right-to-Enter
Colorado Rivers Edge, LLC, owns a certain parcel of real property in the County
of Garfield and State of Colorado. The property was acquired by Warranty Deed
dated March 16, 1998 from Yvonne D. Chambers and is recorded in book 1058
at page 8 in the real property records of Garfield County. Colorado Rivers Edge,
LLC hereby grants to Custom Crushing, Inc., the right-to-enter the subject
property for the purposes of surveying, exploring, drilling, mining by any method,
washing, crushing, processing, extracting, storing, shipping, removing and
marketing therefrom any or all of the sand, gravel and construction materials and
any other activities reasonably incident thereto. Custom Crushing, Inc., is further
granted the right to enter into and to immediately exercise dominant possession
and control of the subject property, including the use of the water rights
associated with the property, for a period of20 years from the date of this
agreement.
Colorado Rivers Edge, LLC
State of Colorado )
)SS.
County of Garfield )
The foregoing instrument was acknowledged before me this seventh
day of May, 1998, by Bill B. Bailey as member manager of Colorado Rivers
Edge, LLC, a Colorado limited liability company, on behalf of the LLC.
(
SPECIAL WARRANTY DEED
Olivia A. Fawcett, Grantor, whose address is P.O. Box 1556, Rifle, Colorado, 81650, for
the consideration of Ten Dollars and other good and valuable consideration, in hand paid, hereby
sells and conveys to Rocks R Us LLC, Grantee, whose address is P.O. Box 1556, Rifle, Colorado,
81650, the following real property in the County of Garfield and State of Colorado, to wit:
A tract of land situate in Lots 1 and 2 of Section 15, and the SE 1.4 of Section 10, all
in Township 6 South, Range 93 West of the 6th P.M., being more particularly
described as follows:
Beginning at the Northeast corner of said Section 15; thence S. 00°05'29" W.
716.76 feet to the South line of said Lots 1 and 2; thence S. 77°00'00" W. 1386.00
feet along said South line; thence S. 75°00'00" W. 262.91 feet along said South line
to the Easterly line of a tract of land described in Book 490 at Page 716 of the
records of the Clerk and Recorder of Garfield County, Colorado; thence along
said Easterly line the following 2 courses: (1) N. 63°13'39" W. 392.47 feet; thence ·
(2) N. 24 °28'39" W. 220.00 feet to the South right of way line of the Denver and
Rio Grand Western Railroad; thence N. 63°35'34" E. 2285.62 feet along said right
of way line to the East line of said Section 10; thence S. 00°00'00" E. 296.95 feet
along said East line of Section 10 to the Point of Beginning.
TOGETHER WITH a tract of land situate in the NE 1.4 of Section 15, Township
6 South, Range 93 West of the 6th P.M., being more particularly described as
follows:
Beginning at the Southeast corner of Lot 1 of said Section 15 whence the Northeast
corner of Section 15 bears N. 00°05'29" E. 716.76 feet; thence S. 00°05'29" W.
232.73 feet along the east line of said Section 15 to the Northeast corner of a tract
of land described as Parcel No. 2 recorded in Book 666 at Page 296; thence along
the North line described in Parcel 2, Book 666 at Page 296 the following 2 courses:
(1) S. 72°07'26" W. 1385.10 feet; thence (2) S. 87°18'26" W. 114.55 feet to the
Easterly line of a tract of land described in Book 490 at Page 716; thence N.
25°43'39" W. 288.87 feet along said Easterly line; thence N. 63°13'39" W. 51.53
feet along said Easterly line to the South line of Lots 1 and 2 of said Section 15;
thence N. 75°00'00" E. 262.91 feet along said South line; thence N. 77°00'00" E.
1386.00 feet along said South line to the Point of Beginning;
also known as (street address of property): 27346 Highway 6 & 24, Rifle, Colorado, 81650;
lli\~bll.U.UC\.., ....... T......., n...1 .. U!':•1•I Page 1 of 2
AFTER RECORDING, RETURN TO:
S<hrnk, Kcnc k dcll'intC't, LU'
)02 Ei1hth Suen, Suite HO
Glct1•ood Sptinp, CO 11601
with all its appurtenances and warrants the title against all persons claiming under her as Grantor,
except for monetary liens now of record.
SIGNED this ,e?ll'fi. day of April, 1998.
STATE OF COLORADO
COUNTY OF GARFIELD
'·
The foregoing instrument was acknowledged before me this ;?d day of April, 1998,
by Olivia A. Fawcett.
WITNESS my hand and official seal.
My commission expires:
My Comml8slon •• 08/211/2001
l\1\,.,,,UlU.UC'.$rorio!•..-., o...t.,ILC.•r-1 Page 2 of 2
AFTER R.ECORDING, RETURN TO:
khrnk, ll:rm &: dcWitun, LLP
X>l Ei~th SuM, Suite J 10
Glm•ood Sprlnp, CO 11601
WARRANTY DEED
Yvonne D. Chambers, fonncrly known as Yvonne D. Larson, Grantor, whose address
is P.O. Box 768, Silt, Colorado, 81652 for the consideration of Ten Dollars and other good and
valuable consideration, in hand paid, hereby sells and conveys to Colorado Rivers Edge, LLC,
Grantee, whose addrCS$ is P.O. Box 1556, Rifle, Colorado, 81650, the following real property in
the County of Garfield and State of Colorado, to wit:
Parcel 2;
A tract of land situated in the SEl/4 and the SWl/4 of Section 11 and the NE1/4
and the NWl/4 of Section 14, Township 6 South, Range 93 West ofthe 6th P.M.,
County of Garfield, State of Colorado, said tract of land being a portion of that
tract as described in document recorded in Book 704 at Page 435 of the records of
said County, said tract of land being more particularly described as follows:
(Bearings as recited in this description arc based upon the East/W e$1: centerline of ·
said Section 11 as bearing S.89°'42'48"W. Monumentation found at the East 1/4
corner is a standard monument with an aluminum cap, P.L.S. 19009 and at the
West 1/'4 corner is a No. 6 rebar and 3" aluminum cap, P.LS. 115710)
Beginning at a point from which the E:ut 1/ -4 corner of said Section 11 bears
N.52""49'0-4"E. 3299.71 feet, then S.88"11'00"E. 242.18 feet; then S.15°30'13"E.
299.80 feet; then S.37°10'50"E. '470.70 feet; then S.S5°25'00"W. 667.59 feet; then
S.49°25'00"W. 400.00 feet; then S.77°05'00"W. 300.00 feet; then S.88°30'oo"W.
600.00 feet; then S.79"12'00"W. 180.54 feet; then N.00°15'00"W. 1418.66 feet;
then N.89°37'26"E. 1322.52 feet to the Point of Beginning.
Said tract of land contains -49.451 acres a.s described.
Parcel 3:
A tract of land situated in the SW1/4 of Section 11 and the NWl/4 of Section 1-4,
Township 6 South, Range 93 West of the 6th P.M., County of G2rfield, State of
Colorado, said tract of land being a portion of that tract as described in document
recorded in Book 704 at Page 435 of the records of said County, said tract of land
being more particularly &scribed as follows:
(Bearings as recited in this description are based upon the East/West centerline of
said Section 11 as bearinr; S.89°42'4B"W. Monumentation found at the EaJt t/.4
,~.~~--..,, .... __ ._, ..... _.
Surver Oucrip1ion Pttpartd 87! SurvCo, Inc. Page 1 of 3
AP'Tll UOOIU>""°, -.&TUkN TO
Id.WI, 9Wa II.••'-'•· LU
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Olmwov.tS,Mp.CO tltOI
corner is a standard monument with an aluminum cap, P.L.S. N9009 and at the
West 1/4 comer is a No. 6 rcbar and 3" aluminum cap, P.L.S. #15710)
BegiMing at the South wen corner of said Section 11, a standard monument with
an aluminum cap P.L.S. 69009 found in place; then N00°23'56"W. 296.74 feet to
the Southerly Right of Way of the Southern Pacific Railroad; then along said Right
of Way N.63"10'30"E. 1923.39 feet; then departing said Right of Way
S.OO"OO'OO"W. 488.92 feet; then S.89°37'26 "W. 399.52 feet; then S.00° lS'OO"E.
1418.66 feet; then S.79°12'00"W. 169.46feet; then S.69°40'00"W, 550.00feet; then
S.76 "05'00"W. 650.00 feet; then N.00°24' lO"W. 1124.73 feet to the Point of
Beginning.
Said tract of land contains 51.097 acru as described.
also known as (street address of property): 27858 Highway 6 & 24, Rifle, CO
81650
with all iu appurtenances including without limitation, all easements, rights of way, reservations
and all otheT rights appurtenant thereto, all improvements and all attached fixtures thereon, any
right, title and interest of GrantoT in and to adj•cent streets, roads or alleys, and all minerals and
mineral rights including without limitation, all 1and, gravel and other aggregate not heretofore
reserved, and warrants the title to same, subject to general property taxes for the current year;
building, zoning and land use regulations; U.S. Patent Reservations; easement granted to Holy
Cross Electric Association in instrument recorded May 20, 1963, in Book 349 at Page 307; right
of way and easement lor a pipeline as conveyed to Garfield Gas Gathering Company in
instrument recorded July 21, 1965, in Book 367 at Page 584; right of way and easement a.s
conveyed to Colorado Ute Electric Auociation in instrument recorded August 5, 1976, in Book
487 at Page 492; terms and conditions of agreement by and between Glen 0. and Dorothy I.
Chambers and Mountain Mobile Mix recorded January 17, 1979, in Book 521 at Page 826 and as .
amended in instrument recorded June 6, 1986, in Book 689 at Page '470; terms and conditions of
agreement by and between Glen 0. and Dorothy I. Chambers and Dick Casey Concrete recorded
January 17, 1979, in Book 521 at Page 869 and September 28, 1981, in Book 582 at Page 317; lease
agreement by and between Glen Chambers, Dorothy I. Chambers and Elam Construction, Inc.,
recorded March 26, 1979 in Book 525 at Page 66; terms and conditions of agreement by and
between Glen 0. and Dorothy I. Chambers and Richard N. Cosey recorded June 6, 1986, in Book
689 at Page 474; ea.sement granted to Richard N. Casey in deed recorded June 6, 1986, in Book
689 at Page 484; and Memorandum of Lease by and between Elam Construction, Inc. and Yvonne
D. Chambers recorded March 22, 1996, in Book 971 at Page 176; any and all rights of the United
States, the State of Colorado and the public in general, in and to navigable waters or filled in lands
1•1~ . ..,... • .....,._,.._tv:...-·-..i .. -n-1..,.
Su~r Onc:ription Pr~p•rtd l!iy: SurvCo, 1nc. Page 2 of 3
Al'TU. QC:~rNQ, "ITU'IU'f TD
Scio.Jr. s-k ur ....... L.11'
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formerly within navigable waters; and further provided that title to acceu to the Property u
warranted only against all persons claiming under Gran tor.
Grantor also hereby .sells and quitclaims to Grantee all water and water rights, ditch and
ditch rights, well and well rights, (including corporate $tock relating to the use of same)
appurtenant to the above described ~al property, collectively referred to as the; j,water rights",
including, without limitationl Ii shares in the Grand River Ditch C<impany (.acepting and
=erving one (1) other share of said company to be retained by Granter), a.swell as the following
=ervoir rights:
Struaure Name C-No. Priori!)' Date Decree Date AmoUAt Ute
Yvonne Chambers 87CW 27'J 31Dec1975 18May1988 239a! S.h culture and livatocli
PondNo.2 Wlltering or 50 head
Yvonne Chamben 87CW279 31Dee1975 18May1988 2.s8 .r . rish culture &nd livutock
Pond No. 3 watering of 50 head
Yvonne Chamben 87CW279 31Dee1975 11May1988 180 a! fuh cul cute and livestock·
PondNo.4 w•terlnr; of SO head
All such water rights are quit claimed without warranties of title.
( SIGNED thu .Ji!:_ day of March, 1998.
~=-···~-,0~ nne D. Chambers, formerly known 111
Yvonne D. Larson
ST A TE OF COLORADO )
) SS.
COUNTY OF GARFIELD)
The foregoing instrument was acknowledged before me this
by Yvonne D. Chamben, formerly known as Yvonne D. Larson.
Page 3 of 3
/bf.! day of March, 1998,
(
(
C.S. 3441.frm Approved a:i( · ·orm by Genec~l Cciun.sel
.:ev. 04/23/92
FILED WITH
DOC.AUDIT
. -"-· .'..J
( March 23, 1993
Page 1 of 4
RELMIS: WA-385.071
LEASE
No.b%~ ') \ 83b PRIVATE ROADWAY AGREEMENT
No. ;J \ ~~(g \
LEAS EE
No. ~-0..
THIS AGREEMENT, made this 19th day of August, 1996, by and between SOUTHERN
PACIFIC TRANSPORTATION COMPANY, THE DENVER AND RIO GRANDE
WESTERN RAILROAD COMPANY, hereinafter collectively called "Railroad," and CUSTOM
CRUSHING, INC., address: P.O. Box 1556, Rifle, Colorado 81650, hereinafter called "Licensee";
WITNESSETH:
I. Railroad hereby permits Licensee (subject to the provisions hereof) to construct, maintain.
and use a private roadway across the tracks and upon property of Railroad at Milepost WA-385 .. 071
at or near Rifle, County of Garfield, State ofColorado, in the location illustrated on.the attached print
45084, dated March 22, 1996.
Upon execution hereof. Licensee shall pay Railroad the sum of Four Hundred Seventy-five
Dollars ($475) partially to defray cost of handling.
2. The permission herein granted is subject to all licenses, leases, easements, encumbrances
and claims of title affecting said property of Railroad. Said roadway shall be a private one and shall
not be for public use. Railroad reserves the right to construct, reconstruct, maintain and use existing
and future transportation, communication (including fiber optic cables) and pipeline facilities in, upon,
over, under, across and along said roadway.
3. Commencing with the second year of the term of this Agreement, Licensee shall pay to
Railroad the sum of One Hundred and Five Dollars ($105) per annum, payable annually in advance,
but this provision shall not modify or amend in any way Railroad's right to terminate under provisions
of Section I 0 hereof
The rental shall automatically and without notice to Licensee, be adjusted, upwards only, on
each anniversary of the effective date of this Agreement, by the CPI Factor as indicated on the
Consumer Price Index, Urban Wage Earners and Clerical Workers, U. S. City Average, All Items
(1982-84 = 100), ("Consumer Price Index"), published by the United States Department of Labor,
Bureau of Labor Statistics, or any successor or substitute index published as a replacement for the
Index by any United States governmental agency. The "CPI Factor" is the percentage of adjustment
stated in the Consumer Price Index (indicated in the previous sentence) established during the last
available twelve-month period immediately preceding each anniversary of the effective date of this
Agreement, adjusted to the nearest one-tenth of one percent.
r
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(
C.S. 3441.frm Approved a:r···
·Rev. 04/23/92 \
~orm by General Coun~el ( March t. '., 1993
. -~ ... ---.. ~
Page 2 of 4
In addition to or in lieu of the above, Railroad may, at any time, increase the rental without
reference to the CPI Factor by giving Licensee, thirty (30) days' notice of such adjustment and its
effective date.
The rental, as so increased, shall be effective as of each anniversary of the effective date of
this Agreement if increased by the CPI Factor, or as of the effective date of any other increase,
notwithstanding Railroad's acceptance of a lesser amount and notwithstanding any billing by Railroad
for a lesser amount.
4. Licensee, at Licensee's expense and to the satisfaction of Railroad, shall:
(a} construct and maintain said roadway in a good and safe condition;
(b) keep the roadway (including track flangeways, if any) clear of all rubbish, debris and
other material;
(c) construct and maintain roadway, whistle and stop signs as designated by Railroad;
(d) trim shrubbery to provide proper visibility to trains and vehicles; .
(e}
(f)
install and maintain warning devices and make roadway changes required by public
authority;
install and maintain such drainage facilities, barricades and fence gates as Railroad
may designate, keeping such barricades and fence gates locked except when roadway
is actually being used.
5. Licensee agrees to reimburse Railroad for all expenses incurred by Railroad in connection
with the construction, maintenance, repair and use of said roadway by Licensee, including but not
limited to the items listed in Section 4 above. In addition, Licensee agrees to reimburse Railroad
and/or the owner of any telecommunication system located beneath the premises included herein for
all expenses which either may incur which expenses would not have been incurred except by the
reason of the use of the premises by Licensee, its agents, employees or invitees including relocation
costs or any damages incurred by such owner due to the injury to the said telecommunication system.
6. Licensee shall not perform any work on Railroad's property (except emergency repairs)
unless Railroad's authorized engineer is given five (5) days' advance notice thereof and the approval
of Railroad for such work is obtained in writing.
7. Operators of vehicles shall comply with posted signs. Licensee's vehicles shall stop before
entering the crossing area and ascertain that it is safe to proceed across the tracks before so doing.
Licensee shall not obstruct or interfere with the passage of Railroad's trains.
r
(
(
c.s. 3441.frrn Approved ay--i:orm by Goenar.:il Cc-un~el
-Rev. 04/23/92 .
( March 2J, 199J
Page 3 of 4
8. Licensee shall pay for all materials joined or affixed to said property, and for all labor
performed upon said property, at Licensee's instance or request, and Licensee shall not permit or
suffer any mechanics' liens or materialmen's liens of any kind or nature to be enforced against the·
property of Railroad for any such work done or materials joined or affixed thereto.
9. Licensee agrees to and shall indemnify and hold hannless Railroad, its officers, agents, and
employees from and against any and all claims, demands, losses, damages, causes of action, suits, and
liabilities of every kind (including reasonable attorneys' fees, court costs, and other expenses related
thereto) for injury to or death of a person or for loss of or damage to any property, arising out of or
in connection with any work done, action taken or permitted by Licensee, its subcontractors, agents
or employees under this Agreement. It is the express intention of the parties hereto, both Licensee
and Railroad, that the indemnity provided for in this paragraph indemnifies Railroad for its own
negligence, whether that negligence is active or passive, or is the sole or a concurring cause of the
injury, death or damage; provided that said indemnity shall not protect Railroad from liability for
death, injury or damage arising solely from the criminal actions of Railroad, its officers, agents and
employees. The word "Railroad" as used in this section shall include the successors and assigns of
Railroad, and any other railroad company that may be lawfully operating upon and over the tracks
crossing or adjacent to said roadway, and the officers and employees thereof.
Upon request, Licensee, at Licensee's expense and to the satisfaction of Railroad, shall
provide evidence of insurance covering contractual liability assumed by Licensee under this
Agreement, in form and amounts satisfactory to Railroad.
10. This Agreement is effective as of the date first herein written and may be terminated by
either party hereto by giving thirty (30) days' notice to that effect to the other party. If Licensee
makes default in respect to any covenant or condition on Licensee's part hereunder, Railroad may
forthwith terminate this Agreement by notice to Licensee. Termination of this Agreement by either
party shall not relieve or release Licensee from any liability incurred prior to such termination.
11. Provisions hereof notwithstanding, Railroad reserves the right to perform, at Licensee's
expense, all or any portion of work required in connection with the construction, maintenance, use
and removal of said roadway. If Railroad is to perform any work, Licensee shall deposit with
Railroad the estimated cost thereof and, after completion of such work, the difference between the
actual cost to Railroad, and such deposit shall be promptly paid by Licensee or refunded by Railroad,
as the case may be.
12. Upon termination of this Agreement, Licensee, at Licensee's expense, shall remove said
roadway and leave Railroad's property and track area in a neat, safe and clean condition, failing in
which, Railroad may perform such work at the expense of Licensee.
13. Licensee shall, at its expense, comply with all applicable laws, regulations, rules and
orders regardless of when they become or became effective, including, without limitation, those
relating to health, safety, noise, environmental protection, waste disposal and water and air quality,
and furnish satisfactory evidence of such compliance upon request of Railroad.
(
C.::i. J-141.fJ:m
Rev. 04/23/92
I ........ _,
( March 2J, 1993
Page 4 of 4
Should any discharge, leakage, spillage, emission or pollution of any type occur upon or arise
on the premises covered hereunder as a result of Licensee's use, presence, operations or exercise of
the rights granted hereunder, Licensee shall at its expense be obligated to clean all property affected
thereby, whether owned or controlled by Railroad or any third persons to the satisfaction of Railroad
(insofar as the property owned or controlled by Railroad is concerned) and any governmental body
havingjurisdiction in the matter. Railroad may, at its option, clean Railroad's premises; if Railroad
elects to do so, Licensee shall pay Railroad the cost of such cleanup promptly upon the receipt of a
bill therefor. Licensee agrees to investigate, release, indemnify and defend Railroad from and against
all liability, cost and expense (including, without limitation, any fines, penalties, judgments, litigation
costs and attorney fees) incurred by Railroad as a result of Licensee's breach of this section, or as a
result of any such discharge, leakage, spillage, emission or pollution, regardless of whether such
liability, cost or expense arises during the time this Agreement is in effect or thereafter, unless such
liability, cost or expense is proximately caused solely and exclusively by the active negligence of
Railroad, its officers, agents or employees.
14. This Agreement shall not be assigned by Licensee in whole or in part without Railroad's
consent which consent shall not be arbitrarily withheld.
15. The permission herein given is not exclusive, Railroad reserving for itself, its agents,
employees, and licensees the right to use said roadway jointly with Licensee.
16. That certain agreement between Licensor and Mobile Premix Company, a corporation,
or their respective predecessors, dated November 9, 1982, Lease Audit No.29042, is hereby
terminated as of the effective date of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in
duplicate as of the day and year first herein written.
SOUTHERN PACIFIC
TRANSPORTATION COJVIPANY
WITNESSED BY:
THE DENVER AND RIO GRANDE
WESTERN RAILROAD COMPANY Byr .1 o/?eru~
(T Manager-Contracts
LICENSEE
."
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.. 385.071
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Southern Pacific
'&..nsportotlon Company
G£1WERAL. ENGINEERING OFFICE
S.P.8U•LOI~, ONE MAitlliET PLAZA, SAN FRANCISCO, CA.,94105
R. I f'L E
PROPOSED PRIVATE ROAD CROSSING
TO SERVE CENTRAL AGGREGATE, INC.
SCALE I .. ; 4QQ' ENGINEERING OEPT.
VAL.sccColV-8-Bs ... cET 4 Oit.\ .. ,. lfl' ,,..,.., '"c.::11[J llTP.K
ROUT[ "° WA M, 385.071 cc ~~ ..... II(. 4 ~ 0 8 4
DATE Motet\ 22. 1996 s .. ( [ ~ .. ~'---'-
2087
( Enclosures -County Special Use Permit
I. Property Map -Premining!Mining Plan -Exhibit C
2. Vicinity Map -Index Map -Exhibit B
3. Photo of Property dated 5/3/80
4. Water Rights
5. Property Owners
6. Right-of-Entry & Deeds
7. Air Permit
8. DOW Wildlife Statement
(