HomeMy WebLinkAbout5.0 Conditions InformationDEPARTMENT OF fi{E ARMY PERMIT
permitEeer T,aFarge North America, IncorporaEed
Ms- Meq McDona1d
10170 dfrurch Ranch waY' Suite 2oo
Westminster, Colorado 80021
Permit Number: sPK-20o7-02L72-GB
Issuing Office: U.S' Army Engineer District' Sacramento
Corpe of Engineers
A325 ',Jn SEreet
SacramenEo, California
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95814 -2922
NOTE: The Eerm ,,yon" and its derivatives, as used in this
iliili.,
-;;";;-rhe'per*irree or any fuEure. rransf eree. The term
nthis office,, ,"t.i= to the afproiriate district or division
office of rhe C;6;-"i Enginelrs having jYrisdiction over Ehe
oermitted acEivity or rhe appiotriaue 5fiici"t of thaE office
=;H;";IaIi-.r,"-luirr"ritv
b-r t-t " commandins officer'
Youareaut}rorizedEoperformworkinaccordancewiththetermsind condiEions sPecified below'
ProjecE DescriPEion:
To construct two mining cells for aggregate resources on 75'5
acres of tshe 2;;-';;;; fiorthbanx p"rE51. -These cells will impact'
4.8-acres of witers of the UniteE States, including-weElands'
Mining aE t,he N;;ah Bank Resources pfoject area wiII be by
convent ional "pI"-iiit
-*e ttroas
=emp ro^yi.n[ =" raper=, f ronE - end
loaders, Erack hoe, trucks and it nlceisary, farm implements for
reseeding ".a reci.*"riorr. Th; planned opeiation will consist of
dry mining tne i;;;;i-;t initiaily consrrucEins a dewaterins
ditch around th6 perimeler of eacir of the mining-ce11s"No
explosives wilf b'e needed Eo extract the sand and gravel
resouxces. rfre*of,Jr;;i;; "i11-froduce natural sand and gravel and
crushed stone, ,^i.i"f, will be uied in normal construct'ion
activities such'is roaa base, pipe bedding and asphalt and
concrete production. No oEher Loirmodities will be produced as a
iesuft of the planned mining operation'
Two mining ce116, A and B are proposed for mining over an
estimated g-year period. cravei-piocessing and crushing wil}
occur ar rhe noit'tu"rrk sire. ii"il the.priilary crusher (locatsed at
Ehe NorEhbank ;ia;) sand and gravel will travel by conveyor
across the coloiado River to irr" Mamm creek Pit (Eracked_Yi?::
;;;;;t*;ni or iir"-.ar*v permir number 2001-7s035) for processlng
and sale
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An estimated average of 450'000 lons per year of aggregate-is
proposed for mining at the,site. The lxpeiuea operiEional life is
'app-roximately i;l;";;' This-allows for approxiinately 9 years of
producEion-and 1 i';;;;^ttl.I:ill"'-"r the-reclaimed site' As
illustraEedonri}ure2,miningwilloccuronthelowerterrace
approximarery ,['?!iI il=;a;-;i it"-ui"ix-t-" slope between the
upper and lower-a"ri""E". rrris-ro-ioor buffer will alIow access
around the entire perimeEer oE ;;t-;i;p;"Ea ,:it rake and mining
area and also provide " *.rgti. Ji-"ii"lv stro'uta any of the
overburden from Ehe uppet t"""I; ;ifi;tt d'own slope ' on the
colorado Rive*ia" oi-che pr-opJ".a-ii!, -a 100-fooL setback from
rhe river,= ,ro=Ii*rr"r. *i11'b;';;;;;Ea'tot the pit limit in
order Eo ensur"-'ir"* "apaciry ai;G; high warer Events so tshat
the river'do"t-noi atLe-mpt t" I;pt"ie ite,pit' An access road'
overland .orrlruyoi-tot'ui"i t''a tufrp ?raly pllcemenE of overburden
srockpile" ,ir'f"1";;;-il;rri" ut" ioo-rirol buf fer' In order Eo
ensure that no miterial ent"ti--if,e river system' a vegetat'ed berm
or equivalent Eemporary.*t'='ies will be constructed and
maintainea afoig iiri" iiae ot Ehe operation.
onEheeasEernendofCellAand'thewesLernendofCellB,where
a gas well and pipeline are-ttfi"ip"te{ t9 situated' a buffer of
ls-feeE or, .""li siae or " "t"t"'ri-"t-"r the' access road or a 30-
foot buffeiliir-u.-ou=.*ed.
-However, should mining commence
orior ro rhe "on"tirr"iion of t'[e'gas-weff and nipeli::l trhe areas
tetween Cells f';;e-;-*iff f. min6a to recover tte sand and
qravel and rebuilt with o'"tu'if,"t'-""a pit run to accommodate Ehe
3'"3"i"r.i"Irri-pipeline. Mareri;I will be excavaEed froi^:-Y:
disrinct, pits;'E:ii^^;'r"[-c.rr-e. cell A occupies approximaEely
45 acres and CeII B, sr ""reJl itr""piip"eed o-perat'ion will start
ar rhe wesrerri ".,aor ce11 a i"J';.6i;iely mine it out prior to
mining of Ce1l B '
AlI work is Eo be compleLed in accordance with Lhe attached
plan (s) .
Projeet L,ocation:
The projeet site is located.direcEly north of the existing Mamm
Creek Sand & Gravel pils "a:"ct"t tL tfre north bank of the
colorado River, east of tht.;i;;-"t-{r1:1-colo'ado and within
Section 12, Township o southl ningu 93 wesE' Garfield county'
Colorado. The project site,can aiso be seen on t'he Rifle USGS
ToPographic Quadrangle'
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Permit Conditions:
General CondiEions:
]-.Thetimelimitforcompletring.theworkauEhorizedendson
November 20, 2j;r-. -ii Vo""find [.hae you need more time Eo
complete tire aulrtorizea'activiiy,-sunirit your request for a time
extension to this office for coirsiaetatioi at leist ninety (90)
a"V= U"fore the above daEe is reached'
2. You musts maintsain the acE,ivity authorized by thi-s permit in
good condiEiorr-"rra in confor*""".-with the Eerms and conditions
of this permit. you are not i"ii""ua of this requirement if you
abandon Ehe permiliua activiuy, althougl.yo'' may make a good
faith transfer tro a third p"tiy in comptilnce wi-th General
Condition a belo,._ sr,o,.}d-you.wish to cease to maintain the
aurhoriz"a ".tiiii, li "i,""ia you desire to aband'on it without a
qood faitlr transfer, You must Sbtain a modificaEion of this
Slfiri'i;;*-;;i;-"iiil", which may require restoration of the
area.
3. If you discover any previously-unknown.historic or
archeological i.*iirr" irrrl-r. ""."rn1i=r.ing-the acE.ivity auEhorized
by rhis permirll;;;";i i**.aiiiErv not-ify this office of what
;;"-[;;"^-found. 'we will iniriare rhe Federal and staLe
coordinat,ion t"q"ii"d-io determine if the remains warrant a
recovery efforl=oi-it ct. sitl i= eligible for listing in the
Nationai Register of Historic Places'
4. If you sell the propert'y associated with this permiL' yog-
must obtain ilr. sig"iur?" o'r Ehe new owner in the spagg _provided
and forward a ""p,-"f the permit tro this office to validatre the
transfer of this authorization'
5.Ifacond'itionedwaEerqualitsycertificationhasbeenissuedfor your project, you must ."*prv-*1!h.the conditions specified
in the cergification as speciai londit.ions to Ehis permit ' For
your convenie;;;;-; "opy Lt lfr" ..tt:.fieaEion is atLached if iE'
-contains such conditions '
6. you must a1low representatives from this office to inspect
ihe autfrorized act.ivily aE any time_deemed.necessary to ensure
that, it is beint-"i n"i, Ueen--'accomplished in accordance with the
terms and condiEions of your permit'
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Special Conditions:
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H. Special Conditions added to the permit:
1. The permittee shall maintain a 100-foot buffer zone along the
Colorado River ""O-"-SO-foot
buffer zone at aII other waters of
the u.s. oruettarra =it." ""t-u"inorized for impact by this
Department of ArmY Permit '
2. prior to cornmencing graver pit_activities at the proiect site
and to mitigate ro, th6 ross or'a.:-acres of emergent/parustrine
wetlands and 0.s-."."" or riverine waters, the peimittee shall
ourchase 4.3 acres of emerg""iTi;r"iiii"u'wetland and 0'5 acre of
IH;;;; ""fu"ii-*itigitioi u".,i credits at the sprins water
Ranch, LLC as proposed in -youi Northbank Wetland Mitigation Site
Options-Final nvaiuation d6cument, dated 25 February 2007 '
3.ThepermitteeshallcomplywiththesignedRecoveryPlan
Aoreement (enclosed) developei ""J--pii*':'a"a^ny
the U'S' Eish and
fiYiHji;"sJi"i." (service) daied Ma'rch 14' 2oo7' regardins
activiti"= ,etii"O to the depi"iion of 233 acre-feet to the
colorado River-."J ""a"ngere-d fish and their habitat.
Additionall!, the permittee shlff--.o*pf' with the concurrence of
rhe Service,s opinion (also ";;1;";aj'r6gareing volunteered and
activity limitation measur"r uy-trre apnrlcant io avoid impacts to
the bald eagle and its nest siie at tirL Flamm Creek Sand and
Gravel oPeration.
4. The permittee sha1l instatl crearly legible signage at the
uDstream side of the conveyor structure warning recreationaL
;i;;;ffiZi.Iiiig irlrril "i r."-t""".se efevatlons and anv other
aopricabre cautions or warni-.,fs i.-ir'r" pubric, at each channer
cibssing of the Colorado River'
5. The permittee sha1l remove the sand and gravel conveyor
strueture "ro"iirrg the cororado River upon completion of the
Northbank gravel operations. The life Lxpectancy of the pit is
approximatery 9:y;;;;. Tl" conveyor and all appurtenant
foundatio'af "lmio"."t" (Iandingsl moorings, tower supports'
counterweights, etc- ) shal-I U"- dil*.ntled-and the construction
corridor ,""toi"a-riir,i" 120-days of Northbank pit operation
cessation.
Furtber Informatlon:
1. Congressional Authorities: You have been auEhorized' to
unaert.afe the activity described above pursuant to:
:J7st'-r
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( ) SecEion 10
u.s.c. 403).
,il!rlil:I;!.I:!.l
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il.iilil
of the Rivers and Harbors Act of 1899 (33
u.s.c. L344) '
Research and
obtain other
by 1aw.
rights or
Ehe ProPerty
interference with anY
permit, the
for t.he
(x) Section 4O4 of the C1ean Water Act (33
( ) Sectrion 103 of q!: I"tine Protection'
sanctuaries Act "i'lgti (33 u's'c' 1413) '
2. T,imits of this authorization'
a. This permiE does not. obviate Ehe -n::1 t"
Federal, stale,'Ii"rIIti iuttroiizations required
b. This permit does not granE' any property
exclusive Privileges '
c. This permit does notr authorize any injury to
or rights of oEhers'
d. This Permit does not authorize
existing ot ptofo"ta rtatral projects '
3. Limits of Federal Liability' In issuing'this
Federal eovernmlit-a"t= nou assume any liabilitry
following;
a- Damages to t'he permitted projtt! "I-Yses tflereof as a
result of otrtrer permitEed or ;;;"';ii[ea activities or from
natural causes'
b- Damages Lo Ehe permitted project' :I-l*"" thereof as a
result of current or fuLure ""ii-.rili"s
undertitt"" by or on behalf
of the united dtlt"" in the public interest '
c. Damages to persons'-properE!' "=-!: other permitted or
rrnoermittea aciiiit-iu" or strul-t,rtu= caused by the actrlvlEy
il[;;;i;;:=?Lt:]="ffi:[]l.tion dericiencies associated with Ehe
permitsted work'
e. Damage claims associated wiEh any future modificat'lon'
euspension, "' ;;;;;"tiott of this permitr'
4. Reliance on Applicantrs Data' The detrermination of thi6
of f ice that is'J';I'";-;;*ii'i='i"'*it is noE ;;;;;;v to the public
inreres' *"r *lil-^i' iefi.r."."Ii"';;"-;";;t*"iio" v6u pro'ttided'
5. Reevaluation of Permit Decision' - This office may reevaluate
its decision oi"tf,i"-p.."la "a-""v time the circumstances
warrant.
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Circumstrances that could require
"=" rr"i-fimited to, the following:
a. You fait to comPIY with the
permic.
b. The information provided by You,in suppo't ?l Y:l:^p"*i'
applicar.io, proil;--a; haie u""i-r"itl, incornplEte, or inaccurate
(see 4 above) .
c. Sigrrificant new information surfaces- which this office
did noE considei-i" t"""fing itre original public interest
decision -
Such a reevaluation may resulE in a determination that it is
appropriate to use the "ll"pt"Jilt"-*oaitication'
and revocaEion
procedures cont;l""J in S:- CFR-:;; .i- ", enforcement procedures
such as those .o"Iii""d' in 33 CFR 326'4 and 326'5'
The referenced enforcemenE procedures provide for the issuance of
an adminisrraEive order ,"quilii;-r;; -.."plv wirh the terms and
conditions of your permit.?*d ;;; Lh" iniliition of ,ega1 action
where appropril;;' -i;u will- be reguirgg tr" oav for anv
correcriv. *".JiI"u oia"tea Ui"tiiS-"tii"t'- it'-d if vou fail to
comply with ",-,"i,-Aitective' tiris office may in certlin siEuations
(such as rhose specified in :i-crn-iOg.17Oi accomplish the
corrective measures by contra;E li "iit"twise ana Litt you for the
cosE.
S.Extensions.GeneralConditionlestablishesatime}imitforrhe complerion or:Iir!-I"rr"iiv-1"-Ji,"=ir"a_bv this permit" unrees
Ehere are circumstances requiling either a prompt Lompret'ion of
the authorized actrivity o, ,--ru.i.irr.rion of thE public interesE
decision, the Corps will nor*.rrv_give favorable Lonsideration to
a request t"t lt--"xtension of this time limi'- '
Your signature below, as
to comP y with Ehe
a reevaluation include, but
terms and conditione of this
indicaEes that You accePt and
"otaicions of this Permit'permittee,
terms and
),
'- -:!.--f! -i
This permit becomes effecEive when the
a""i-giiu"d to aci for the secretary of
beIow.
Federal official,
Ehe ArmY, has signed
Issued for and in behalf
Engineerstrict
Ken Co
)v/-bs-\g
ne* owner(s) of the ProPertY'
of Colonel Thomas C. ChaPman,
Eunnison Bas n Regu aEory1et,
DATE
when ao" V,rctures or work authorized by this permit' are
in exisrence at tfr" ci*" the ;;;;9icy i? transferred' Ehe
and condiEions "i"rtri= permir-wiii-cantinue to be binding
sri1l
termE
on the
To validate the trransfer of this permit an4 Lhe associaEed
liabiliLi"" .""oIii["a wirh "o*"rii".e wiEh its terms and
condiEions, rta.rl-tire-fransferee- sign and date below'
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Reoion 3 Traffic Section
zzi South 6th Street Room 100
Grand Junction' Colorado 81501
pf,on" SZO-OAS-AZ}A Fax: 970-683-6290
3TATEOFCOLOMDO
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April 21, 2010
Garfield & Hecht, P'C'
Lafarge West, lnc.
David McConaughY
420 Seventh Street #100
Glenwood SPrings, CO 81601
;ated on HighwaY 070'RE: State Highway Access lgl"it No' 310052'Loc
nlil"Po=[s3.2, in Garfield CountY
Dear Permittee or APPlicant:
A design waiver has been. requested PJ:I"^lh:,:^o::';t"tion
of the required right turn
deceleration lane and for 170 Frontag" n;O at mile. post 93'2' After reviewing the
submitted information, cDoT i. ,ppiouin; y";r, design waiver request based upon the
, i "i, "i "
ppori n g' p""
"X"f,
or r tirtt ii'on tfr Jt iontage ro ad.
CDOT will proceed with the access application' lf I c-an be of any further assistance in
*,i, o,. any other ,i#'J, ffi;;J; ?iJ" t" L"ntact me at the office tisted above'
ResPectfullY,
& R^,{ilr^
Dan Roussin
Region 3 Unit Permit Manager
Daniel.Roussin@dot'state'co'us
Cc: Todd Frisbie, PE Felsburg Holt and Ullevig
File
COLOHADODEPARTMEi.ITOFT, .SPORTATION
STATE HIGHWAY ACCESS CODE. DESIGN WAIVER
THIS FOHM SHALL BEACCOMPANIED BY AN ACCESS PERMIT APPUCATION.
I. State sp€cifh reasons ,or this waavsffaquBsl DocumsnE verifying slaiamsnbshould be provided with he requesl State he specifc se'tions ol the Stalo
HlghwayAqcsss Code lrom whldr lhls r€quBst ssehs rellef. {Ad'Jilional sh6ets may b6 attac*ted). lf waiver ls tamporary, stat6 6lditi,ons whlch wlll change
atrowlng the ams tocDnlorm b tlB accssscode. lf date is known when conlornarrcB can b6 aahlw6d, provlde fratdate.
5e"1,'on 1.13({)tl) - riqht -l*,r.* d**{**hm- lo.re- on
So.ko,- S. S (s) ' 4*,*i l*r"-L,n Lo,,r,s
I
- Sec qtlod.J J*.'nunf
NOIGE: PranHing lalse lnforrnalbn to a oo(ernmsnl agencyir punishabla as perjury ln he second degree, aswellas beiqg punbhabl€ und6r any oiher
applicabh shb or lederal laws.
&::$*'''':,j?
This torm sgbrqted ry / /'/ - / .(x) /.ril/) lVu44Ae
Date l- lq,zoto
ITEMS THISLINE AHE FOR OFFICE USE ONLY
2. Bmmmendalbn ol hcat goralnnEnl aulhoriU. When local Ooretnment has b$ulng aulhorily, his rscomm6ndation musl be Elgnad by an authorized
otlbal. (provida writbn stalemEnt)
(x)Date
3. Becomrnendsllon of region [effb and satety enghs€{ or deshn englnear [provHe $ittEn statsmont]
n t t ! 4./-{''Lr*c?hr,.trvt*4.i d;-**ry r/rrlr*- /Li4r+tt 1sr--r*tt (/.o *,}&,.u.//L
(x)Date -./ /.^ /7l/'t/ro
/. /'A L
(x)Data t /
L-/ /,,t /!/i"t rt/O
FINAL ACTION TAKEN BY THE HEGION TRANSPORTATION DIFIECTOR:
reguBst and all materials attached,; this request for waiver lrom the design standards oi lhe Stats
'/2 /tD
Copy dietrbutbn. Bquired coples 1 Begimpermil lils 2 S{all ArcrSmtlon Pruvlout GdllloN aro obsolale aod ruy rcl bE c6d TFomIIt, EtE
MEMOM
DEPARTMENT OF TRANSPORTATION
Traffic & Safety Seclion
222 South 6e Street, Room 100
Grand Junciion, Colorado 81501
lsTo) 248-txa
Date: April 16,2010
To: File
From: Alisa Babler, P.E.
Subject: Mamm Creek Gravel Pit
Design Waiver
tr\DOT
I have reviewed the Design Waiver prepared by David McConaughy with FHU, dated January 15, 2010
and recommend approving the design waiver of the right turn deceleration lane for the following
reasons.
1. The 20 year projected traffic volumes in conflict with the turning movements is 13 PCE's. The
ADT is 50 vehicles. The Code allows a waiver of the requirement if the volume is less than 150
VPH.
_ .ilr{dE! MafEi rstsBURGf t uolr s(I ULLEVTG
:5 "rdlt ai t*,Fnrtrrl ;rtii: r, ar&1r\?.ttlttt!1e u{blvfrt
January 19, 2010
MEMORANDUM
ro: H'fs,"I:.[ ?t;3??l,fiegion
3 Permit Ensineer
FROM: Todd Frisbie, PE, PTOE
Felsburg Holt & Ullevig
su BrECr:
HilH"?ffmffiHffi'S-twaiver
for Rishtrum Deceleration Lane
This design waiver request is in regards to the State Highway Access Code (SHAC) requirement
for a right tum deceleration lane on the l-70 Frontage Road at the Mamm Creek Gravel Pit access.
Specifically, the request is to waive the requirement for the right-tum deceleration lane at the
access as required by the SHAC. The following sections describe the spectfics of and the
justiflcation tor the request.
Basic lnformation
The design waiver request is at an access to an l-70 frontage road near the Town of Rifle. The
frontage road is on the north side of l-70 and is accessed from l-70 at the Mamm Creek Road
interchange (Exil9a)- The access to the Marnm Creek Gravel Pit is located about one mile west of
the interchange. The frontage road is aboulZ4 feet wide, paved from the interchange to the access
and gravel from the access to its end point approximately 1.25 miles west of the access. The
frontage road serves the gravel pit operation, a few single family homes and a few other
commerci a I businesses.
ln 2002 the average daily traffic (ADT) on the frontage road near the interchange was-94 vehicles
per day. Fall 2009 a daily traffic count was recorded west of the gravel pit access as part b-ffie
traffic study required to issue a new permit for the access. The count recorded an ADT of 50
vehicles per day where about 13% where single unit trucks and 4Yo were tractor-trliler trucks. Both
the traffic study and the raw data from the recent trafiic count have been attached to this design
waiver as reference.
ln the traffic study we evaluated the zO-year scenario and used a growth factor of 1.45 which is
CDOT's estimated 20-year groMh for l-70. The attached traffic study show proiected 2O-year
volumes at the access. For consideration of this design waiver the following 20-year projections
apply:. Westbound right-turn volume;9a vph{pgesl. westbound through votume fu! vph (pc1D
*tvit.fitttetlg.tont ittlirfrr'f'lturng.rt:ttt
January 19,2010
Alisa Babler and Dan Roussin
Page 2
Design Elements and Criteria
The frontage road fatls within the frontage road category of the SHAC. Section 3.13(4Xb) states
that "a right tum lane with storage length plus taper length is required for any access with a
projected peak hour right ingress tuming volume greater than 50 vph. The traffic study projected
right tum volume is 36 vehicles which equates 94 vehicles in PC E which exceeds the rninimurn
threshold for requiring a right-tum deceleration lane. Therefore it is based on this SHAC criterion
and on the estimated peak hour volumes, that this design waiver request is being subrnitted.
Explanation
Reasons For Exception. Section 3.5(5) of the SHAC states the requirement for a right-tum deceleration lane may be
waived if the conflicting through volume is less than 150 vehicles per hour. The 20-year
westbound through volurne in PCE is 13 passenger car equivalents (PCE) per hour which is
less lhan 10% of the through volume threshold stated in section 3.5(5) of the SHAC.
. As stated the westbound through traffic is estimated at only 10 vph which equates to 13 PCE
per hour. At this flow rate there is low probability that a truck slowing to enter the mining
operation would impede the flow of a westbound vehicle traveling through the intersection.
Constrainfsr Possible conflict with existing utility pole in the northeast corner of lhe access
Cosf and lmpacts lnvolved with Meeting Criteria. Grading and materials needed for the construction of the right-tum deceleration lane.
Other Altematves Considered
Not entirely applicable to this situation since the request is for waiving the requirement for the right-
tum deceleration lane
Potential lmpacts to Safety and Traffic Operations
The proposed design could impede the flow of westbound lhough traffic on the frontage road.
However, the peak hour westbound flow is very low at about one vehicle every six minutes and the
frontage road speed is low will rnake conflicts between westbound through vehicles and trucks
tuming at the access very infrequent.
Mitigation
Since the design waiver request is for waiving the requirement for a righttum deceleration lane, no
other mitigation measures were considered.
Sup porting lnformation
The following inforrnation is attached to this design waiver.
. Mamm Creek Trip Generation Study and Access Evaluatlon
. Data from daily traffic count conducted on frontage road
ffia-
tf*
fui:s
January 15,2010
MEMORANDUM
TO:
FROM:
SUBJECT:
ffir:*te
David McConaughy, Garfield & Hecht, P.C.
Sean Frisch, Lafarge
Todd Frisbie, PE, PTOE
Felsburg Holt & Ullevig
Mamm Creek Trip Generation Calculation
FHU Reference No. 0+058{1
This memorandum provides trip ganeralion results for the Mamm Creek and North Bank gravel pit
mines which are located along l-70 near the Town of Riflo. The trip generation resuJts are intended
to be used to revise the access permit for four access€s on the frontage road and to assess tum
lane needs at the mine's main access on the frontaga road. All accasses ara permitted through
the Colorado Department of Transportation (CDOT) and are currently permitted for a combined
total of 200 Average Daily Trips (ADT). This ADT caps the avsr.rge number of trips entering and
leaving site accesses per day.
The existing accsss permits are being revised because adjacent land owners have contended hat
the permits are invalid for two reasons- First. the perrnits state the volume in terms of ADT
(Average Daily Traffic) which is a term not defined in the Shle Hiohwav Acqess Code (Code) to
represent traffic volumes. The Code uses AADT (Annual Avenage Daity Traffic) to represent traffic
volumes and defines it as "the annual average two-way daily traffic volume. lt represents the total
traffic on a section of roadway for the year, divided by 365. lt indudes bofr weekday and weekend
traffic volumes-' Although we believe "ADT" and "AADT" mean the same thing. a revised pamlt
would avoid any argument on this point. The second reason, adjacent land owners have
contended trat the permits are invalid is that the cunent trips in and out of the site exceed tte
permitted volume.
The following sections docurnent the approach and assumptions of the trip generation analysis.
Also provided, at the request of CDOT, is an assessment of turn lane needs at the mine's main
accass on the frontaga road.
Trlp Generatlon Analysls
The purpose of the trip generation analysis is to calculate MDT (Annual Average Daily Traffic) and
DHV (Design Hour Volume) values using actual yearly and daily extraction rate data from the
mines. The assumptions and information used for calculating the AADT and DHV values are as
follows:
C<,[r,ri.l$ Sprin{., (:() "q090} ttl 7l().]i-l-l$(r0 tis i19.ll{.1ri0{
trrrr'.l)rueng.tlttt irrti,(ri|[lrtrrtrH.rrrnt
It]l Sr'1r:[r Tuy'rr Srrt'"t. Suit* l0ilr
l5 xrrr,,i..grd..'qa; lutl.r rr, lr.r*lr,rrdlon *il,.tenlr
January 15,2010
David McConaughy / Sean Frisch
Page2
. Semi and tandem trucks would be used lo transport material from the mine. lt was assumed
that semis had a capacrty of Zltons and tandem trucks had a capacity of 12 tons.
. Semi trucks would account for about 90 percent of truck trips in and out of the mine while the
other 10 percent would be tandem trucks.
. Five employees work each day at the mine-
. Other traffic to and from the mine (i.e. customer pick up, deliveries, etc...) was equal to one
percent of the total truck traffic.
The AADT trip calculation shown in Table 1 was based the tons of material extracted per year from
the mines. This data was available from 2004 to 2009; however the tons extracted in 2006 was
much higher than any other year. So, instead of using an average of the yearly extraction rates, it
was determined to base the AADT calculation on the highest recorded yearly extraction rate. Table
1 describes the process for calcutating the AADT and shows the estimated AADT based on the
2006 extraction rate at 195 vehicles.
Table 1. AADT Trip Generation Estimate
The DHV was calculated by determining the 301h highest day for the extraction of material. Using
extraction data from 2006, the 30rh highest day was about 4,900 tons. As with the AADT
calculation, lhe DHV calculation used the same assumptions for trucks types, -e-mployees and other
traffic discussed above to determine a daily trip generation estimate for this 30h highest day. The
daily estimate for trucks and other trips were divided by an eight-hour work day to get a value for
the DHV for trucks and other trips. This value was then added to the number of one-way employee
trips to get the peak DHV for the day. Table 2 illustrates the process for calculating the daily and
DHV and shows that the peak DHV is estimated at 67 vehicles.
Trlp Type Extracfion Rate
(tons per year)One Way Trips Per Year AADT (Annual Av6rage
Uittv Tramcf
Trucks 700,000 33,308'183
Other 333s 2
Employee 1,82s'10
Total 35,466 195
een 2004 ana ZOOS.
2 One Way Trucks Trips Per Year = Extraction Rate / (S$yo*A + 10%*B) where,
A = carrying capacity of semi-truck which is assumed to be 22 tons
B = carrying capacity of a tandem truck, assumed to be 10 tons
3 One Way Other Trips Per Year = One way Truck Trips * 1.0%
{ One Way Employee Trips Per Year = 5 employees * 365 days
5 Annual Average Daily Traffic (AADI) = one waY Trips per Year / (365 * 2) where,
365 = operating days Per Year
2 = adiusfnent to account for assumption that eqc!'r trip in also has a trip out
January 15,2010
David McConaughy / Sean Frisch
Page 3
Table 2. DHV Trip Generation Estimate
The AADT and DHV trip generation calculations shoutd help to address the follow issues related
to:
. The County's requirement for truck trips to not exceed the 200 AADT value. Based on the
highest observed yeady extraction rate the AADT is 195 vehicles.
r Confusion related to allowable traffic volumes on the cunent access permit. CDOT will issue a
new permit in DHV which is a value that can easily be recorded with a one-hour count in the
field.
. Accusations of nearby land owners that existing trafiic in and out of the site exceeds the
permitted volume. The DHV calculated in Table 2 represents a truck volume threshold that
would be reached lessthan 30 days ayear. Establishing threshold based on the 30th highest
day is a common engineering practice and a definition used by CDOT's StatB Hiqhwav Access
Code.
r f rp Iype
30' Flighest Day
Extraction Rate
{tons)
One Way
Trips Per
Day
Two Way
Design Hour
Volume (DHV)
Peak Hour Volume
lnbound Outbound
Trucks 4,900'aa,t2 60"30 30
Other n5 20 1 I
Employee'5 5 5 tl
Total 240 67 36 31
' Extraction rate is the 30'" highesl hour recorded in 2006.
2 One Way Trucks Trips = Extraction Rate / (907o*A + 10%*B) where,
A = carrying capacity of semi-truck which is assumed to be 22 tons
B = carrying capacity of a tandem lruck, assumed to be 10 tons
t One Way Other Trips Per Year = One way Truck Trips " 1.OYo
a Employees trips based on 5 on-site employees arriving for the work day.
5 lnbound Design Hour Volume (DHV) = One way Trips per Day / 8 where,
I = operating hours per day
2 = adjustrnent to account for assumption that each trip in also has a trip out
5 For the purposes of this analysis, it is assumed that at least one other tris would occur during the peak
hour of the day.
January 15,2010
David McConaughy / Sean Frisch
Page 4
Passenger Car Equivalents
CDOT will require that the new access permit be written with the peak hour volume calculated in
Table 2 in passenger car equivalents (PCE) which is an adjustment factor applied to vehicle
volumes to account for the impacts of trucks.1 CDOT's PCE for trucks over 40 feet in length is 3-0
and is 2-O tor trucks between 25 and 40 feet. Table 3 shows the passenger car equivalents
calculation. The conversion of peak hour volumes to PCE was based on the assumption described
in the footnotes of Table 3.
Table 3. Peak Hour Volume Passenger Gar Equivalents
Turn Lane Assessment
CDOT has requested an evaluation of turn lane needs at the main access to the gravel pit. The
need for tum lanes are dictated by the State Hiohwav Access Code (Code) and the access
category for the frontage road. The frontage road has a frontage road (FR) actess category. Based
on the Code and the FR access category, tum lanes at the aecess would be required if volumes
meet the following conditions:
. A left-tum deceleration lane is required when the left tum ingress tuming volume exceeds 25
vehicles per hour (section 3.13(a)(a)).
1 Section 2-3( )(e) of the State Highway Access Code ("Code") establishes "passenger car equivalents"
for use when specific purposes apply. Section 3 of the Code sets forth warrants for turn lanes based upon
DHV. Section a.8(2)(f) specifically provides for use of passenger car equivalents rvhen computing the
required length of turn lanes. The term MDT, in contrast, appears in the Code in Sections 4.7(3) (access
surfacing) anO +.S1t+; (clear zones), where there is no specific reference to passenger car equlvalents'
Accordingty, access volumes expressed in DHV must be converted to passenger car eqlivalents when
evaluating ine turn lane criteria. However, no such conversion should apply to the AADT calculations for
purposeslf limiting total vehlcular traffic at the approved access points. The peak traffic volumes expressed
elsewhere in this report in terms of AADT are based on actual vehicle traftic without conversion to passenger
car equivalents.
Trip Type
Peak Hour Volume Passenger Car Equivalents
lnbound Outbound lnbound Outbound
Trucks 30 30 87',87
Other 1 1 2'2'
Employee 5 0 5 0
Total 36 31 94 89
j-+ Peak Hour Volumes * l}ok' 2 where,
9070 = percentage of trucks over 40 feet (i.e. semi trucks)
1Oyo = percentage of trucks between 25 and 40 feet (i'e. tandem truc{<s)
2 For the purposes of this analysis it was assumed that other trips would be by trucks with lenglhs between
25 and 40 feet or in other words have a PCE of 2.
3 For the purposes of this analysis lt was assumed that all on site employees would arrive by passenger
car.
January 15,2010
David McConaughy / Sean Frisch
Page 5
. A rightturn deceleration lane is required when the right tum ingress tuming volum e exceeds 5O
vehicles per hour (per section 3.13(4Xb).
However, according to section 3.5 of the Code the requirement for a turn lane may be waived if the
following conditions are met.
. The requirement for a left-turn deceleration lane may be waived if the eastbound volume in the
travel lane is less than 100 vehicles per hour (per section 3.5(5)).
. The requirement for a right-turn deceleration lane may be waived if the westbound volume in
the travel lane is less than 150 vehicles per hour (per seclion 3.5(5)).
At the access, east and west through volumes were determined by counting traffie just west of the
access. The count data is provided with this letter and shows that the frontage road cunently
canies about 50 vehicles per day with an eastbound peak hour volume of 1-1 vehicles and a
westbound peak hour volumes of 7 vehicles. This count also recorded vehicle classification in
order to adjust through volumes at the access to PC E.
Figure 1 shows estimated peak hour volumes in both total vehicles and in passenger equivalents.
Since the frontage road dead ends a little west of the gravel pit access, all vehicle-trips in and out
of the access were assigned toffrom the east. East and west through volurnes were increased by a
factor of 1.45 which is CDOT's 20-year growth factor for t-70. Based on the PCE volumes shown in
Figure 1, the following was concluded:
. At the highest observed rates PC E volumes would require a right-turn deceleration lane at the
access. However, this requirement may be waived because PCE volumes in the westbound
travel lane are much less than 150 vehicles per hour. A design waiver request would need to
be submifted and approved by CDOT in order to remove the requirernent for a right-turn
deceleration lane.
. PCE volumes do not require a left-tum deceleration lane.
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5[ATEOFCOLOTUDO
Region 3 Traffic Section
222 S. Sixlh St., Room 100
Grand Junction, Colorado 81501
(e70) 683-6284 Fax:(970) 683-6290
fLPOT
-IE-
DBMTME}.II OT TNAMMMATION
Permit No. 3L0052
April21,2010
To: c/o Garfield & Hecht, P.C.
David H. McConaughy
Lafarge West, lnc.
420 Seventh Street #100
Glenwood Springs, CO 81601
Dear Permittee or Applicant:
1. Please review the attached State Highway Access Permit (Form #101) and all enclosed attachments.
2. If you choose NOT to act on the permit, please return the permit unsigned.
3. If you wish to APPEAL the Terms and Condirions of the permit, please refer to the attached Form
101, Pages 2 and3 for an explanation of the appeal procedures.
4. If you ACCEPT the Permit and its Terms and Conditions and are authorized to sign as legal owner of
the property or as an authorized representative, please sign and date the Access Permit form on the
line marked "PERMITTEE'. Your signature confirms your agreement to all the listed Terms and
Conditions.
5. Provide a check or money order made out to the jurisdicrion named on the next line for the amount
due.
Make check or money order payable to: CDOT Amount Due: $ 100.00
6. You must return the entire Access Permit, including all pages of terms and conditions and all
attachments, along with your payment back to the Colorado Department of Transportation
(CDOT) at the address noted below. The Department will process and return to you a signed
copy of your State Highway Access Permit. You may retain this cover letter for your records.
i. If you fail to sign and refurn the attached Access Permit within 60 days of the date of this transmittal
letter, Colorado Department of Transportation will consider this permit withdrawn and void-
8. As described in the attached Terrns and Conditions. Vou must make a written request to obtain
a Notice to Proceed. DO NOT begin any work within the State Highway Right-of-Way without
a validated Access Permit and Notice to Proceed. Use of this permit without the Colorado
Department of Transportation's validation shall be considered a violation of State Law.
If you have any questions, please call Dan Roussin, Access Manager at (970) 683-6284.
Please return Access Permit and attachments to: Region 3 Traffic Section
222 S. Sixth St., Room 100
Grand Junction, Colorado 81501
l
COLORADO OEPANTMENT OF TRANSPORTATION
STATE HIGHWAY ACCESS PERMIT
CDoT Permit No. 310052
State HighwaY No/MP/Side
070A193.200 lL
Permit fee
$100.00
Date of transmittal
417u2010
Region/Section/Patrol
3 I 02 l1o-2 Nikki Brown
Local Jurisdiction
Garfield CountY
Required:'l.Region
2.Applicant
Make copies as necessarY lor:
3.Stalf Access Section Local Aulhority
4.Central Files MTCE Patrol
I ns peclor
Traffic Engineer
is hereby granted permission io have an access lo the state highway at the location noted below. The access shall be constructed, maintained and used in
accordance with this permit, including the State Highway Acceis cooe and any attachments, terms, conditions and exhibits. This permit may be revoked
by the issuing authority if at any time the permitted access and its use violate iny parts of this permit. The issuing authority, the Department and their duly
appointed agents and employees shall be held harmless aJiinst any action lor fersonal injury'or property damage sustained by reason of the exercise of
The Permittee(s);
Gypsum Ranch Co., LLC
818 Colorado Avenue
Glenwood Springs, CO 81601
910-945-6546
Applicant:
Lafarge West, Inc.
c/o Garheld & Hecht, P.C.
420 Seventh Street #100
Glenwood Springs, CO 81601
910-947 -1936
west of mm 94 (Mamm Creek
Access to Provide Service to: [:ndUseCode:)
991 - Gravel Pit
(Size or Count) (Jnits)
183 Drry
Additional lnformation :
DHV - Design Hourly Volume per the Access Code
MUNICIPALTTV OR COUNTY APPROVAL
Required only when the appropriate local authority retains issuing authority.
andconditionSandreferencedattachmentscontained
herein. Allconstruction shall be completed in a-n expeditious and safe manner and shall be finished within 45 days from
lnitiation. The permitted access shali be completed in accordance with the terms and conditions of the permit prior to
being used.
The permiftee shall notifV Don Poole with the Colorado Department of TransDortation in
Grand Junction, Colorado at (970) 384-3366, at least 48 hours prior to commencing construction within
the State HighwaY right-of-waY.
The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have iull authority to
accept the permit and its terms and conditions.
This permit is not valid until signed by a duly authorized representative of the Department-
COLORADO DEPARTMENT OF TRANSPORTATION
Previous editions are obsolete and may not be used
Copy Distribution:Pagel of3 CDOTFoTm#101 5/07
STATE HIGHWAY ACCESS PERMIT 310052 April 21,2010
Located on Highway 070 Frontage Road near RP 93.2
lssued to Gypsum Ranch Company, LLC.
TERMS AND CONDITIONS
1. This access is approved as constructed in accordance with Section 2.6(3) of the Access Code.
Z. The Design Hourly Volume shall be 183. The traffic volume includes "Passenger Car
Equivalents" (PCE's).
3. A design waiver has been requested and approved for the right turn deceleralion lane dated
April '19, 2010.
4. This permit replaces any and all additional access permits that may be in existence.
5. This permitted access is only for the use and purpose stated in the Application and Permit.
This Fermit is issued in accordance with the State Highway Access Code (2 CCR 601-1), and
is based in part upon the information submitted by the Permittee. Any subsequent relocation,
reconstruction, or modifications to the access or changes in the traffic volume or traffic nature
using the access shall be requested for by means of a new application. Any changes causing
non-iompliance with the Access Code may render this permit void, requiring a new permit.
6. The traffic limitations listed on the face of this permit shall be adhered to. The traffic volumes
are listed in Design Hourly Volume (DHV) trips or Average Daily Trips (ADT) where entering
the site and returning counts as two trips.
7. The existing culvert shall be kept f ree of blockage to maintain proper flow and drainage.
-2-
State Highway Access Permit
Form 101, Page2
The following paragraphs are excerpts of the State Highway
Access Code. These are provided for your convenience but
do not alleviate compliance with all sections of the Access
Code. A copy of the State Highway Access Code is
available from your local issuing authority (local government)
or the Colorado Department of Transportation (Department).
When this permit was issued, the issuing authority made its
decision based in part on information submitted by the
applicant, on the access category which is assigned to the
highway, what alternative access to other public roads and
streets is available, and safety and design standards.
Changes in use or design not approved by the permit or the
issuing authority may cause the revocation or suspension of
the permit.
APPEALS
1. Should the permittee or applicant object to the denial of
a permit application by the Department or object to any of
the terms or conditions of a permit placed there by the
Department, the applicant and permittee (appellant) have a
right to appeal the decision to the [fransportation]
Commission [of Colorado]. To appeal a decision, submit a
request for administrative hearing to the Transportation
Commission of Colorado within 60 days of transmittal of
notice of denial or transmittal of the permit for signature.
Submit the request to the Transportation Commission of
Colorado, 4201 East Arkansas Avenue, Denver, Colorado
80222-34A0. The request shall include reasons for the
appeal and may include changes, revisions, or conditions
that would be acceptable to the permittee or applicant.
2. Any appeal by the applicant or permittee of action by a
local issuing authority shall be filed with the local authority
and be consistent with the appeal procedures of the local
authority.
3. ln submitting the request for administrative hearing, the
appellant has the option of including within the appeal a
request for a review by the Department's internal
administrative review committee pursuant to [Code]
subsection 2,10. When such committee review is requested,
processing of the appeal for formal administrative hearing,
2.9(5) and (6), shall be suspended until the appellant notifies
the Commission to proceed with the administrative hearing,
or the appellant submits a request to the Commission or the
administrative law judge to withdraw the appeal. The two
administrative processes, the internal administrative review
committee, and the administrative hearing, may not run
concurrently.
4. Regardless of any communications, meetings,
administrative reviews or negotiations with the Department
or the internal administrative review Committee regarding
revisions or objections to the permit or a denial, if the
permittee or applicant wishes to appeal the Department's
decision to the Commission for a hearing, the appeal must
be brought to the Commission within 60 days of transmittal
of notice of denial or transmittal of the permit.
PERMIT EXPIRATION
1. A permit shall be considered expired if the access is not
under construction within one year of the permit issue date
or before the expiration of any authorized extension. When
the permittee is unable to commence construction within one
year after the permit issue date, the permittee may request a
one year extension from the issuing authority. No more than
two one-year extensions may be granted under any
circumstances. lf the access is not under construction within
three years from date of issue the permit will be considered
expired. Any request for an extension must be in writing and
submitted to the issuing authority before the permit expires.
The request should state the reasons why the extension is
necessary, when construction is anticipated, and include a
copy of page 1 (face of permit) of the access permit.
Extension approvals shall be in writing. The local issuing
authority shall obtain the concurrence of the Department
prior to the approval of an extension, and shall notify the
Department of all denied extensions within ten days. Any
person wishing to reestablish an access permit that has
expired may begin again with the application procedures. An
approved Notice to Proceed, automatically renews the
access permit for the period of the Notice to Proceed.
CONSTRUCTION
1. Construction may not begin until a Notice to Proceed is
approved. (Code subsection 2.41
2. The construction of the access and its appurtenances
as required by the terms and conditions of the permit shall
be completed at the expense of the permittee except as
provided in subsection 2.14. All materials used in the
construction of the access within the highway right-of-way or
on permanent easements, become public property. Any
materials removed from the highway right-of-way will be
disposed of only as directed by the Department. All fencing,
guard rail, traffic control devices and other equipment and
materials removed in the course of access construction shall
be given to the Department unless otherwise instructed by
the permit or the Department inspector.
3. The permittee shall notify the individual or the office
specified on the permit or Notice to Proceed at least two
working days prior to any construction within state highway
right-of-way. Construction of the access shall not proceed
until both the access permit and the Notice to Proceed are
issued. The access shall be completed in an expeditious and
safe manner and shall be finished within 45 days from
initiation of construction within the highway right-of-way. A
construction time extension not to exceed 30 working days
may be requested from the individual or office specified on
the permit.
4. The issuing authority and the Department may inspect
the access during construction and upon completion of the
access to ensure that all terms and conditions of the permit
are met. lnspectors are authorized to enforce the conditions
of the permit during construction and to halt any activities
within state right-of-way that do not comply with the
provisions of the permit, that conflict with concurrent
highway construction or maintenance work, that endanger
State Highway Access Permit
Form 101, Page 3
highway property, natural or cultural resources protected by
law, or the health and safety of workers or the public.
5. Prior to using the access, the permittee is required to
complete the construction according to the terms and conditions
of the permit. Failure by the permittee to abide by all permit
terms and conditions shall be sufficient cause for the
Department or issuing authority to initiate action to suspend or
revoke the permit and close the access. lf in the determination
of the Department or issuing authority the failure to comply with
or complete the construction requirements of the permit create
a highway safety hazard, such shall be sufficient cause for the
summary suspension of the permit. lf the permittee wishes to
use the access prior to completion, arrangements must be
approved by the issuing authority and Department and included
in the permit. The Department or issuing authority may order a
halt to any unauthorized use of the access pursuant to statutory
and regulatory powers. Reconstruction or improvement of the
acess may be required when the permittee has failed to meet
required specifications of design or materials. lf any
construction element fails within two years due to improper
construction or material speciflcations, the permlttee shall be
responsible for all repairs. Failure to make such repairs may
result in suspension of the permit and closure of the access.
6. The permittee shall provide construction traffic control
devices at all times during access construction, in conformance
with the M.U.T.C.D. as required by section 42-4-104, C.R.S., as
amended.
7. A utility permit shall be obtained for any utility work within
highway right-of-way. Where necessary to remove, relocate, or
repair a traffic control device or public or private utilities for the
construction of a permitted access, the relocation, removal or
repair shall be accomplished by the permittee without cost to
the Department or issuing authority, and at the direction of the
Department or utility company. Any damage to the state
highway or other public right-of-way beyond that which is
allowed in the permit shall be repaired immediately. The
permittee is responsible for the repair of any utility damaged in
the course of access construction, reconstruction or repair.
8. ln the event it becomes necessary to remove any right-of-
way fence, the posts on either side of the access shall be
securely braced with an approved end post before the fence is
cut to prevent any slacking of the remaining fence. All posts
and wire removed are Department property and shall be turned
over to a representative of the Department.
9. The permittee shall ensure that a copy of the permit is
available for review at the construction site at all times. The
permit may require the contractor to notify the individual or
office specifled on the permit at any specified phases in
construction to allow the field inspector to inspect various
aspects of construction such as concrete forms, subbase, base
course compaction, and materials specifications. Minor changes
and additions may be ordered by the Department or local
authority field inspector to meet unanticipated site conditions.
10. Each access shall be constructed in a manner that shall not
cause water to enter onto the roadway or shoulder, and shall
not interfere with the existing drainage system on the rlght-of-
way or any adopted municipal system and drainage plan.
11. The Permittee is responsible for obtaining any
necessary additional Federal, State and/or City/County permits
or clearances required for construction of the access. lssuance
of this access permit does not constitute verification of the
above required actions by the Permittee.
By accepting the permit, the permittee stipulates and
agrees to fully protect, save, defend, indemnify, and hold
harmless, to the extent allowed by law, the issuing Authority,
and each of the Authority's directors, officers, employees,
agents and representatives, from and against any and all
claims, costs (including but not limited to all reasonable fees
and charges of engineers, architects, attorneys, and other
professionals or expe( witnesses and all court or other dispute
resolution costs directly incurred by reason of claims directly
brought against the Authority), losses, damages, pre- or post-
judgment interest, causes of action, suits, or liability of any
nature whatsoever by reason of liability imposed due to
Permittee's failure to obtain, or disregard of, any applicable
federal, state or local environmental permits, approvals,
authorizations, or clearances, or in meeting or complying with
any applicable federal, state or local environmental law,
regulation, condition or requirements in connection with any
activities authorized by this Access Permit.
CHANGES IN ACCESS USE AND PERMIT VIOLATIONS
1. lt is the responsibility of the property owner and permittee
to ensure that the use of the access to the property is not in
violation of the Code, permit terms and conditions or the Act.
The terms and conditions of any permit are binding upon all
assigns, successors-in-interest, heirs and occupants. lf any
significant changes are made or will be made in the use of the
property which will affect access operation, traffic volume and or
vehicle type, the permittee or property owner shall contact the
local issuing authority or the Department to determine if a new
access permit and modifications to the access are required.
2. When an access is constructed or used in violation of the
Code, seciion 43-2-147(5)(c), C.R.S., of the Act applies' The
Department or issuing authority may summarily suspend an
access permit and immediately order closure of the access
when its continued use presents an immediate threat to public
health, welfare or safety. Summary suspension shall comply
with article 4 of title 24, C.R.S.
MAINTENANCE1. The permittee, his or her heirs, successors-in-interest,
assigns, and occupants of the property serviced by the access
shall be responsible for meeting the terms and conditions of the
permit, the repair and maintenance of the access beyond the
edge of the roadway including any cattle guard and gate, and
the removal or clearance of snow or ice upon the access even
though deposited on the access in the course of Department
snow removal operations. Wthin unincorporated areas the
Department will keep access culverts clean as part of
maintenance of the highway drainage system. However, the
permittee is responsible for the repair and replacement of any
access-related culverts within the right-of-way' \Mthin
incorporated areas, drainage responsibilities for municipalities
are determined by statute and local ordinance. The Department
will maintain the roadway including auxiliary lanes and
shoulders, except in those cases where the access installation
has failed due to improper access construction and/or failure to
follow permit requirements and specifications in which case the
permittee shall be responsible for such repair. Any significant
repairs such as culvert replacement, resurfacing, or changes in
design or specifications, requires authorization from the
Department.
Form 101, Page 3
COLORI\DO DEPARTM ENT OF TRANSPORTATION
Environmental Clearances lnformation Summary
PURPOSE - This summary is intended to inform entities external to CDOT that may be entering the state highway right-of-way to
perform work related to their own facilities (such as Utility, Special Use or Access Permittees), about some of the more commonly
encountered environmental permitsiclearances that may apply to thelr activities. This listing is not all-inclusive - additional
environmental or cultural resource permits/clearances may be required in certain instances. Appropriate local, state and federal
agencies should be contacted for additional information if there is any uncertainty about what permits/clearances are required for a
speciflc activity. IMPORTANT - Please Review The Following lnformation Carefully - Failure to Comply With Regulatory
Requirements May Result ln Suspension or Revocation of Your CDOT Permit, Or Enforc
CLEARANCE CONTACTS - As indicated in the permiUclearance descriptions listed below, the following individuals or agencies
may be contacted for additional information:. Colorado Department of Public Health and Environment (CDPHE) - General lnformation - (303) 692-2035
Water Quality Control Division (WOCD) (303) 692-3500
Environmental Permitting Website http:i/www.cdphe.state.co.us/oermits.aso.. CDOT Water Quality Program Manager; Rick Willard (303) 757-9343. CDOT Asbestos Project Manager; Julia Horn (303) 512-55'19. Colorado Office of Archaeology and Historic Preservation: (303) 866-3395
. U.S. Army Corps of Engineers, District Regulatory Offices
Omaha District (NE Colorado), Denver Office (303) 979-4120 http://www.nwo.usace.armv.mil/html/od-tl/tri-lakes.html
Sacramento Dist. (Western CO), Grand Junction Office (970) 243-1195 http://www.spk.usace.armv.mil/cespk-co/requlatorv/
Albuquerque District (SE Colorado), Pueblo Reg. Office (719)-543-6915 http://www.soa.usace.armv.mil/reo/
. CDOT Utilities, Special Use and Access Permitting: (303) 757-9654 http://www.dot.state.co.us/Permits/
Ecotoqical Resources - Disturbance of wlldlife shall be avoided to the maximum extent practicable. Entry into areas of known or
suspected threatened or endangered species habitat will require special authorization from the CDOT permitting office. lf any
threatened or endangered species are encountered during the progress of the permitted work, work in the subject area shall be halted
and the CDOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immediately.
Authorization must be provided by CDOT prior to the continuation of work. lnformation about threatened or endangered species may
be obtained from the CDOT website htto://www.dot.state.co.us/environmentalAly'ildlifelGuidelines.asp, or the Colorado Division of
Wildlife website http://wildlife.state.co.usAl/ildlifeSoecies/SpeciesOfConcern/. Additional guidance may be provided by the Regional
Permitting Office in the Permit Special Provisions.
Cultural Resources - The applicant must request a file search of the permit area through the Colorado Office of Archaeology and
Historic Preservation (OAHP), Denver, to ascertain if historic or archaeological resources have previously been identified. lnventory of
the permit area by a qualified cultural resources specialist may be necessary, per the recommendation of OAHP and/or CDOT. lf
archaeological or historical artifacts are encountered during the progress of the permitted work, work in the subject area shall be
halted and the CDOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immediately.
Authorization must be provided by CDOT prior to the continuatlon of work. Additional guidance may be provided by the Regional
PermittingofficeinthePermitSpecialProvisions.ContactlnformationContacttheoAHPat(303)8QQ3!9!-
General Prohibition - Discharqes - All discharges are subject to the provisions of the Colorado Water Quality Control Act and the
Colorado Discharge Permit Regulations. Prohibited discharges include substances such as wash water, paint, automotive fluids,
solvents, oils or soaps. Contact lnformation: Contact the CDOT Water Quality Program Manager at (303) 757-9343, or the
Colorado Department of Public Health and Environment, Water Quality Control Division (WOCD) at (303) 692-3500.
General Authorization - Allowable Non-stormwater Discharqes - Unless otherurise identified by CDOT or the WQCD as significant
sources of pollutants to the waters of the State, the following discharges to stormwater systems are allowed without a Colorado
Discharge Permit System permit: landscape irrigation, diverted stream flows, uncontaminated ground water infiltration to separate
storm sewers, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs,
footing drains; water line flushing, flows from riparian habitats and wetlands, and flow from fire flghting activities. Contact
lnformation: The CDOT Water Quality Program Manager or the CDPHE Water Quality Control Division (telephone #'s tlste! q!qyq)-
Hazardous Materials. Solid Waste - The Solid Wastes Disposal Sites and Facilities Act C.R.S. 30-20-100, et al, and Regulations
Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), prohibit solid waste disposal without an approved Certificate
of Designation (a landfill permit). The Colorado Hazardous Waste Act C.R.S. 25-15-301 et al, and the Colorado Hazardous Waste
Regulations (6 CCR 1007-3) prohibit the transfer, storage or disposal (TSD) of hazardous waste except at permitted TSD sites. There
are no permitted landfills or TSD sites within the State Highway Right of Way. Therefore, all solid or hazardous wastes that might be
generated by the activities of entities entering the State Highway Right of Way must be removed from the ROW and disposed of at a
permitted facility or designated collection point (e.9., for solid waste, a utility or construction company's own dumpster). lf pre-existing
solid waste or hazardous materials contamination (including oil or gasoline contaminated soil, asbestos, chemicals, mine tailings, etc.)
is encountered during the performance of work, the permittee shall halt work in the affected area and lmmediately contact the CDOT
Regional Permitting Office for direction as to how to proceed. Contact Info.'Contact the CDOT/CDPHE Liaison at (303)757-9787.
Environmental Clearances Information Summary Page 1 of 3 Colorado Department of Transportation November '07
Asbestos Containino Materials. Asbestos Contaminated Soil -All work on asbestos containing materials (ACM) must comply with
pottutioncorrtrotoivision,s(APCD)Regulation8.DisposalofACM,andworkdonein
asbesios-contaminated soil, must comply with the CDHPE Hazardous Materials and Waste Management Division's (HMWMD) Solid
Waste Regulations. The application for-any CDOT permit must specifically identify any ACM involved in the work for which
authorization is being requested. Additionai guidance or requirements may be specified in the permit special provisions. Contact
Info; CDpHE ApCD and HMWMD Regulations can be accessed via the CDPHE Environmental Permitting Website listed above.
Additional information concerninq clearance on CDOT oroiects is available from Julia Horn, CDOT Asbestos Project Manager (303)
512-5519, or Theresa Santangelo-Dreiling, Property Management Supervisor (303) 512-5524.
Construction Stormwater permit: Stormwater Discharqe From lnduslrial Facilities - Discharges of stormwater runoff from
constLrctton sites disturbing one acre or more - or certain types of industrial facilities - requires a CDPS Stormwater Permit. Contact
lnformation: For Utility/Sp-ecial Use activities being performed in conjunction and coordination with a CDOT highway construction
contract, please contact the CDoT Water Quality Program Manager at (303) 757-9343. Otherwise, contact the CDPHE Water Quality
Control biri"ion at (303) 692-3500. Website: http:
Construction Dewaterinq (Discharge or lnfiltration) - Discharges of water encountered during excavation or work in wet areas
@bewateriigDischargePeimit.Contactlnformation:ForConstructionDewateringDischargePermits,
contact ine C D p H E WeC D at (303) 002-3500. Website: http:i/vwvw. cdphe. sta
Minimal lndustrial Discharqe Permit - Discharges of small quantities of wastewater or wastewater requiring minimal treatment,
testingorcertainwashwaters,mayrequireaMinimallndustrialDischargePermit(..MlNDl,,).
contact lnfo: contact tne cbpHr WQCD at (sog) ogz-gsoo. weosite: ntto://www.cdphe.sta
Municipal Separate Storm Sewer Svstem (MS4) Discharqe Permit - Discharges from the storm sewer systems of larger
thatlieswithinthosemunicipalities,aresubjecttoMS4Permitsissued
by the CDpHE WeCD. For facilities lnat tie witnin the boundaries of a municipality that is subject to a MS4 permit, the owner of such
facility should contact the municipality regarding stormwater related clearances that may have been established under that
municipality,s MS4 permit. All dischirgei to th; CDoT highway drainage system must comply with the applicable provisions of the
Colorado Water euality Control Act and the Colorado Disiharge Permit Regulations, and are subject to inspection by the CDOT and
the CDHpE. Contact lnformation: Contact the CDPHE Water Quality Control Division at (303) 692-3500 for a listing of municipalities
required to obtain MS-4 Permits, or go to http:/iwww cdohe.state.co us/wq/PermitsUniUwqcdpmt.html#MunicioalFormsGuidance.
- 404
Uv ttre COpng WOCO - Corps of Engineers 404 Permits are required for the discharge of
tes,includingwetlands.Therearevarioustypesof404Permits,including
Natiolnwide permits, which are issued for activities with relatively minor impacts. For example, there is a Nationwide Permit for Utility
Line Activities (NWp #i2). However, depending upon the specific circumstances, it is possible that either a "General" or "lndividual'
404 permit would be required. lf an lndividual 404 Permit is required, Section 401 water quality certification from the CDPHE WOCD
is also required. Contact lnformation: Contact the appropriate Corps District Regulatory office for information about what type of 404
oermit may be required (information provided at top of ECIS). Contact the CDPHE Water Quality Control Division at (303) 692-3500.
Erosion and Sediment Control Practices - For activities requiring a Construction Stormwater Permit, erosion control requirements
esituationswhereastormwaterpermitisnotrequired,allreasonablemeaSureSshouldbe
taken in order to minimize erosion and sedimentation. ln either case, the CDOT Stormwater Quality and Erosion Control Guide (2002)
should be used to design erosion controls. Contact lnformation: The CDOT Stormwater Quality and Erosion Control Guide may be
obtained from the Bid Plans Office at (303) 757-9313 or from: http://M.d
Disoosal of Drillinq Fluids - Drilling fluids used in operations such as Horizontal Directional Drilling may be classifled as "discharges"
ffieral,shouldbepumpedorvacuumedfromtheconstructionarea,removedfromtheStateHighwayRight
of Way, and disposed of it permitted facilities that speciflcally accept such wastes. Disposal of drilling fluids into storm drains, storm
sewers, roadside ditches or any other type of man-made or natural waterway is prohlbited by Water Quality Control and/or Solid
Waste regulations. Small quantities of drilling fluid solids (less than 1 cubic yard of solids) may be left on-site after either being
separatej from fluids or after infiltration of the water, provided: 1) the drilling fluid consists of only water and bentonite clay, or, if
required for proper drilling properties, small quantities of polymer additives that are approved for use in drinking water well drilling, 2)
the solids are fully contained in a pit, and are not likely to pose a nuisance to future work in the area, 3) the solids are covered and the
area restored as iequired by CDOT permit requirements (Utility, Special Use, or Access Permits, etc.). Confact lnformation:
Contact the CDOT / CDPHE Liaison or CDOT Water Quality Program Manager'
Concrete Washout - Waste generated from concrete activities shall NOT be allowed to flow into the drainage ways, inlets, receiving
*atersJr 11-1 the CDOT ROW. Concrete waste shall be placed in a temporary concrete washout facility. Concrete washout shall only
be performed as specifled by the CDOT Environmental Program and shall be in accordance to CDOT specifications and guidelines.
Co'ntact lnformatr'on: ContLCt the CDOT Water Quality Program Manager at (303) 757-9343.
@ainedandcleanedupasSoonaspossible,SpillsshallNoTbewasheddownintothestorm
drar. or buned All spills shall be reported to the CDOT lllicit Discharge Hotline at (303) 512-4446 (4H20), as well as the Regional
permittinq Office and Reqional Maintenance Supervisor. Spills on highways, into waterways, or that may otherwis
Environmental Clearances lnformation Summary Page 2 of 3 Colorado Department of Transportation November '07
immediate da;ger to the public shall be reported by calling 91 1, and shall also be reported to the CDPHE at 1-(877)-518-5608,
-Nopersonmayofferoracceptahazardousmaterialfortransportationincommerceunless
tnat person is registered in conformance with the United States Department of Transportation regulations at 49 CFR, Part 171- The
hazardous material must be properly classed, described, packaged, marked, labeled, and in condition for shipment as required or
authorized by applicable requirements, or an exemption, approval or registration has been issued. Vehicles requiring a placard, must
obtain authorization and a State HMMAT Permit from the Colorado Public Utilities Commission. Contact lnformation: For
authorization and more info call the Federal Motor Safety Carrier Administration, US DOT for inter- and intra-state HMMAT
Reqistration (303) 969-6748. Colorado Public Utilities Commission: (303) 894-2868.
p"l"ontoloqv - T st request a fossil locality file search through the University of Colorado Museum, Boulder, and the
DenverMuseumofNatureandSciencetoascertainifpaleontological resourceshavebeenprevlouslyidentified. lnventoryofthe
permit area by a qualified paleontologist may be necessary, per the recommendation of CDOT. lf fossils are encountered during the
permitted work, all work in the subject area shall be halted and the CDOT Regional Permitting Office and Regional Planning and'Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work.
Additional guidance may be provided by the Regional Permitting Office in the Permit Special Provisions. Contact lnformation:
Contact the CDOT Paleontologist at (303) 757-9632.
-lnordertoprotectandpreservethestate,sfishandwildliferesourceSfromactionsthat
rnay oOstruct, diminish, destroy, change, modify, or vary a natural existing stream or its banks or tributaries, it may be necessary to
obtiin a Senate Bill 40 certification from the Colorado Department of Natural Resources. A stream is defined as 1) represented by a
solid blue line on USGS 7.5' quadrangle maps, andtor 2) intermittent streams providing live water beneficial to fish and wildlife; and/or
3) segments of streams supporting 25ok or more cover within 100 yards upstream or downstream of the project; and/or 4) segments of
sireams having wetlands present within 200 yards upstream or downstream of the project. The Colorado Division of Wldlife (CDOW
application, as per guidelines agreed upon by CDOT and CDOW can be accessed at
www.dot.state.co. us/environmentaUwtL@.
About This Form - Questions or comments about this lnformation Summary may be directed to Dahir Egal, CDOT Safety & Traffic
Enqineering, Utilities Unit, at (303) 757-9344, dahir.egal@dot.state.co.us
Environmental Clearances lnformation Summary Page 3 of 3 Colorado Department of Transportation November '07
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ry xonru BANK HOr'DTNGS' rr4'
- - -_-G"Y?SIIM RANCE CO; I,I.'C, JIM AND Jf,AN SFTYIDER
psed ID,s: 2177-122&P515; 2177-72t'&301 ; 2177-132'&&l3tW
A"r 21n4114&'21
WESnDAS,fuBoS.lofcMyconrmissimersofGrrficldcoltry'colors&'has
reeived m rypu.nfrr f{.o[ N"rA B-ffiHhg. IIX,-qrpsIB Ram;h 6p,- IIC d fin a'l Iee
s"le q fe",aLil;P€'d; fsurr ;ffi;fi"'" teryffiffi,ffi
ofNmal R*",r;-fr", cIa*t Extraction operrion in tl
disicq ad
wf,EREAs, on Jawy 21,t, 2008' tte Booil of coldy co@isioffis IEefi€d the
rylicdion r, 6c d"u;dc*my r*r*gffi* fs a recdnndion in apblic bcairy;
ad
urffinDAs, rhe ffierd.%ffi ffi#l?ffi ,fr
xruffiffiEtud, ;,ff.h #iltrtriJ-a *'"*rcapery"os
were giveo tte oeeoruuity ,o oryrcas t"a opario* "*.r-rg tt" foen rr"t of said aecbl usc
I
m mFlmu,Hll,!$,!tl l{ffirqiffi ffi, lld{ [t ] ll I
B?P+.ffi?i l*H!*"'m, tlffi ' t&,..o cs$rry o0
pemiq ad - 1 4^,r^ o +ri6 tutfrc.hl corrfrv Plamiu conmisgioa voted to
WEEREAS'onMdzf'zw,,'thcGeHCormyHamiry
recommeoa ryporml to tt, n"oa orii*ry ffi tb quesim of rcfr€ilb'fu abo''e
descdbcd $LIP; d
wEEnEAs, fu Boarrlof c@ry cm,is*i*s bld apruic hearing on lt{ay l2n' 200E
,rpoo to q,rffi tf*,m, tt" e*;-ttib"d SUP SmUL im"A * deoicd' u qfrich hcring
fu prlilic d irteresbil persous; gir,*u @ftGfo opini* cmningfu
ryil^"f rf said ryocial rse Pmie md
WEEREAS'ftcB@donfubasisofsuu*amiaromPctcofiqr*prcdrcddthe
atreffird*,d hldi,g; n t r$t" OUt*"g eerniOion oi6cr as li*ed belom
t.HoperpodingdpblicnoticcwrpovidodasrequirerlfrrfuprblichEdiryb€fooe
G'Bdd of cottrY c@issimss
z.IhGlublich€dingbefustreBoardofcoutrtyrrasortensivemd
omplete" that alt pcftired &cts, mdcfs JiG ",.* to't.ta odft* all intqeod
PutU* were hcsd dtratmecting'
3.Tbeabove$dedodotrerreasms,fuFoeosEdPryrffihbc€ndfmEmiDcd
to be h rhe to ir*J};;hfo, *.#, ,*aiq ootrv€nience' o'rder' p*ospcrity d
"r"ifu" ofth citirens of ffield CotmY'
4. TLerylicdionhssmstfrErpqrrircmeutsofSpecialUtc(sectios5:03,5o3:r,'5s3.08
md 9:03) tt crd#iffiz'tf'g n"tofui* of l9?& as M
NOIr THDnmonr4 BE IT RESOLVEID bv th Boed of cmty of Grsfidd
Cooury, Colorado, thd Spcdat Usc igit 1,@*d ft" Notrth nmf noHi'gs L[';C' GSpm
Roch co., LIf d Jim -d J.- iryd* mrffi-s*.p, p-..r-r"& d Ir,rdqisl lr,dr4
of Nduar Rssorces on. crfEr,.r fum oe€tffii" ti esr*td / Inesuhl (Ar) ane
anm.t **n af oftre fotlorcing spociEc cmditims:
Tb*aurerrpsedts0imsoftbeAplicad'eihcrinrsimmyuftegrbmittcdry$caio
m*erialsr sa, bc,"dH;dtd;Iilp"*r -t*- specifically alt€rcal by tbc
Bood of CanntY Comnissiooers
A ,dl permit must be obtainerl ftoE fu DiYidoo of wmBesoruces pric to Gtgositrg
;.rffi-th 40 acre ftet of grulodwm q tbe site'
TbG Arplicd sbatl provi& anryperliuvemory ofnoxious uleEds mthe sie' This map
$all bc srbmiued #;;-i;d; oftbe specht use Permit
2
l.
[",*#?1ffi?*raB""' i:*;ll" * to* orweraim wn 51g3g3rym4 ffi :j*ffiffi xx}1,ffiffi -"vJv?r"r"uo'a'vtuo,s
frtdjrtdry b.tt-'"* the hous of 8 am d 5 p'm'
ffi'ffifi#fl:H'Hffi:*rrnr
5. All op€rdiotral acrivifu irctudbg hs Et liBit€'t to employec pdtiry fircI storagp'
smitdm ecilities u6 equipn'€nt *ffirll fii't"d ii rffi t" iM seavhictu is
withiuth' tfineBomdry as n mffi tu sie p1m ud isb@ ac6rctym6 tt fu
tire" Itis mderstoorlt*rt * "e.*iill,ttt'idowill
owrwioin eachpbase as itis
bcing Eid -d 6r*fr* *ru ui ort" i", t** bcaion fc ttc lift oftb ttsc'
6. Inry rniniqg phase, the mined srorpe l€og6 will be bscrrffrea d a minim*nr of 3H'lv
ptt*-to toPsoiling ad seoding;
7. Theamoldofmincdstopeallowodtobepreseotthdisrotbactfilt€ddsnygiv€ntimsis
10@ ft€t"
S.ThcmCIIdofbaclfilledslopettdisndtop8oiledislirnitedto400fteil.Topeoilingiso' fiffi;rli "rfr* sec &wu;ro o.io* .'rpeaed uaer lsvel
g. sceditrg ard mulching according to the appoved pe will occur on alt topeoiled aeas
each sedns (ldhEAFil rfl or frll 6?-r;* 15 to November 1, oo Effi brP
smattthe ueois'
10. withitr 6 moffis of ompleting milng in-auy pbry, as designred on tbc Prwoscd
phashg s"u"r, orlrfir;d 8 "ffi rhd";rd;"d pt* m,st be reclaid to
imlude tpcoiling, seeditr& m"r"iliiltt$ry;-tilg' Tb seditrg timframe
rcfersd incmditiong naybe ",M"d i*to irclemedc'&'
11. Purmdtothetc'Yisod plmsrbmittedtotreDRlvIs'arwiscdbodSallbe
cahilaed to wver tb rq,isim -d ffi;;'",irh DriIffi 5 6e1q ii5 imp@ od a
copy ofthd b*i-sdl t *tmitea t" Grfietd comy ruilding md Pl@itrg;
12.Allofthccmditiocaebindingoftbcoltryrylnit.anatestgteDivfuionof
Rechdion,Ir,fi!ilog and Saftty. ilDilffi of necfamrim, Ii'fioiog and Safety can
wirtiholdthc reoamiob-dtrd fiJ rol"rai* is ndexccderl mdiryto tk
plos.
13.ThgCoEtywillbefovitGdtouy@reras.iryectoofthsstabDivisimof
Rectm*ioo, Miniry md saf€ty' ib" ct'd)' wiu lrve es oeporhnity to dcmonstrde
tbt uy item of thp.p€@rit t* o u"* funta utitr ei uu m *mld rct be
3
ffiHffiHi-'o'
rcbasee
la. Thc Oper*r acrrnouneags ry-* qgd' fre ee{ry smdads in place tu curH
ld to r",/o.*im of tb Spcoial u* i#it tr;"d''"d violdio,s of fre pemit ocu
owraPeriod oftime'
15.TbeAmlicadshaltbel€qohedtogrbmitarwortTmr4['rdilsrhtimerftereleasc
of the rcclmatim boo4 of tb graJ;J;i* s"titt*it*' Upon review of mv
&ficicocies *,*""r t'""rdt6qr #ffi; rtu !cat' stme' or fe&ral pernitq
$affmay forwrd trc rcpoilno t, c*ffc*'o,** for full rwi€rlt' of tb spcoiel
use permit lhis r€Eort-shsu trhd:ePs oGssrrErcds fum m sm'P sowing fte
.*,€ot disfixb@cq u;5 aeaslave; b*Ifilbq ufrfnetopsil *a$iles ac ffi"
all sir strwtmq uiht aeas !"f -Ot*;U"4 "i'fm uia "'t* is plmd for the
€osuiDg rz ,rn&"uri" .ry *"1 ;r".rld" * t* ryosea sie plm vfrich tuiudes
tbe arploved phmhg.* r**drd; p.tui t #dny od,l0o' co$do RiE
s.*#r cqiesorinul'**1ffi
Ur r"t ti-itil to, fte CitY ofRifle I
CotmY-
16.I}ccormymmmitstonoti$ing.theop€fdorolln',TT*',-*conpe,mmdallowtm
ispecrion wioi[G*i ffi d ;fisr*d c;'rv tutpttn* pbr to coffiing mv
ageosy.
u. The cortry can rcquc$ a site inryection wie onc 4=@ dqls ndicc to th opec*or'
Full aoess to auy part of thc ,i* JJ u;;,i"d- o" ttqt-q all pqerwc'rk ,-,"t be
$own- The cndy c*o6 **6 ;;-rffi of inseedi#t* sqila imerftre with
normal o'Poatioo witror* causc'
ls.Afiilllistofallp€mhrel&dtothgsp€cial.frybeprovirtedtothscouEty.Any
pcrson d my ffi";u tu fdfi'tte*tt* arctty -a fq,"$ m inspettim if
trsybeliE,Ye""-aiti*ofdhdappies-P€tmitisbeiryvioldeit
CDPIIE Air Quality Cffiol 303{92-3150
cDi'irE wd; oititv c-,nol 303{e2--35m
I6-ir-y c"-Pt;rdsto€em fi a'z/'3,-t ree
Divisioo of n*t-ffi \tt!q od-safetv 303-8f6.356i1
ci;oT c-d JuactionofEce Ylo-24&7(JJ/J
a-
b-
c.
d-
e.
19. All miqing astivities shall be rcquired to compty with fte fotlowing perfcmoce
staodarrils:
(l)Volumeofsorrndg€oErdEdshllcomplywilhthesaDdddssetfofihbthe
Cohre Rsvised $effi d thc fue -y ** apptic*ion is n&'
4
?t#ffiaryHl'syr*,*'
nrt'n'r I tt t
(2) vimioneEocrdd:*qlY-g::ffimfii*#ffi.*-ryx*lkgydauY,trEefcmry u", rE'.rtE ru' - -
, * ",tiaU
th use is bced-
poiu of anY boreY fne ofthe PoPer!
--1^i -^ ^-(3) Emissignsorsooke{rdq1ti:**^flffflH,ff ffi?ffiH$r""*ffiff"iiffiffi#iJt*,J fut], raqn, rwuraious aa
ffi* of heat, glac, radidion d fimes: Ev€ry usp sall be so orperaed
thd it docs trot cmit M, glue, ma;fio c mes uAirf slbc*miatty irterferc wiih
fu e,xisthg use of djoining Top€[? * *ni.n oon*itr$ss a pblic nuisuce or
hazaaa nuing orgpsGfr afucran r,,.misgsigpal$lenec*irrc palmg orstmrye dcs'
c o&er "tn "P*ffi "ei"h ",'b" ffi by-l'r o '.ety c air polh*i'on
;ffi' ;oo; *, * er(oo@ fi.m this PEWisi@-
(5) Storagc ra, salT age,yod' saftry hnqll md mimal waste'dirymt acas:
(A) sb*ee of flzno,rshtc ; "Phd"" *olit c gascs $all be in
accudance ruirh r@ed tud*&;d l8ws md *rell co'mpty with ft3
dional, *;; kd rr" "oa m written reommeodaions / corcts
ftoE tb sptropiae U*f p*""U* A"oU rWadiry ooryliaoce rvi&the
apgropdats@(B) et#ai*l*m ofthe€ortry coilrmissi@Grs, all olsdoG $u'a8e
frcilities my be Gqrfred t" u #r*a by ftoG, u*cqlng c wall
adoque,"Lo.of "r"U
gtiliti.= fioE sdjaocot prqcrtJ6
(c) No meiars or w'sfies rhll b.ei-dt d,rym a prw*ty in ',ch
forocmsnrrcrthdltsy-r/b"t-"i!ffidofrtbeFoecrtybymy
reasomtly foreseeablc offid carm u foroes;
(D)Sttragpdrr*',ynq.f,!M*iil-lybeallo!rcd$uidto(A)md
(C) above #th' following stduds;
1. The oinimrm lotsire tu ft'e (5) sts d is not a flated
srbdivisim"
2- TbGquipmootstoragpfry"il1{pt$auyclooerthm30Onffi fov €nising r€situial AweUlng'
3- Dcleted
4.AsyrcPdrdoairrnreadvityrequirirythcrryof
equipcd that *ill g@ NiT' otus or ghe bryd the
ilffi to,maio"*iu be coresedwiftin abruildingor
q*dous amg Gmrs of t a m' to 6 P'm' Mqtr'-
5.I,adiryd;badiryofvehictreceirettbecondrr@dm
Fi\rde p*rt4r;*yrct be cmructed m my @lic
tight'of-waY.
(F) 6syrigLtinsofstoragp-ar€ashallbepoidcddoqmrudmdinuradto
re proeerty c€ffir ara ,g6"6-a *."i dircct le6cstim on aSaccm
ProPertY.
5
tr sL Hillqffifi ,Dtt ,l{rffrffi [+[llttlt'{ f, lll
&tr+ffit*i*ffi".e,tlE #"'o oou{rY co
(6)wePo[dminacaseinu&npotgfal.barudse:d$,itsallbe,*y to imll rrfr[d- d.dpd tt.i-pty rit1ry.lts'ffi*" of the
Ervtu@l Pr@Eotr Ag@!'btr-" qt*n'i" if ru tuilities muy bein All
percoHimtectscglod*d*-,*'**FtsasEoybercquircdbylocalq:State
Healthofficem *r*frob"# oecrdon offto fuilities may@in
20.Therylicar.*,onrp-qfiytothecolffiadone'pctmeutofTraspctatim(cDcr$fma
*,tsed StaE lfgbxlaY Affi P€rmil
2l.Therylicatr*aucoosidcfprovisionofadryhydrmtl$ilizfuIgthepondsforfire
P$t€ctiotr'
r,dtbis aM ,oy.r Q"^^^ . An-zoalf-.
U GARFIELD cmrNTY -BoilP^iIATTEST:
ofthe Bofld
UPoa motion duty msdc md d the
following vote:
dol,nasgor*ns, GARHELD @IJNTY'
COI,JORADO
STA]SOF C1DIORADO
Coutfyof G,rfield
)F
)
ofthe Bocd of
\-
"..*""*.r*trRt""td";iG P'""ttdt'g oflhe Bomd of Cordv
Coomissimers for san CsfiGld Cannty' non' in my office'
s llLffin{ffi'fr1'Hl'l$Sl$Stu H{t fr'l tl lll
BE|rH?Liffi*'F::, 8l ffi..& IELD @{.h'|w co
IN WITNESS WIIEREOR I hrrc heredo set my hod T{rytre seal ofsaid Coffy'
dGlenc/ood Wingp' tlds .--&Y d A-D.20 .
county cterk and ex-officio clerk of the Board of c.ouuty commissioners
7
,*, ot rEorf,An@{' l'hlul6 tf{D SAETY
Arltsrtof nadle@
13f 3 Stcta-t St' tiltr 215
t}nw,CobrdamOa
FtG-@l #3f5j1
FAX:8Oit|G32€t6
dft,s
Gailna
PDRroElrANffiwAxRAr{Tv
Pcrmittae: I*egFWest'IEP'
Operrtioui Nor&BaokResoutces
Fermitlrtro: M-2ffi18
l&siernbww:lym*ffi ,wffi f,#:,ffi:;ffiffiffiffiffi wffi ***Wffifl#ffi#rufr,#ffi; tit**cbmeof
X&nffiAGtedCon*ufuUU*'
KISOW AIIL MB{ BY TEESE TRETED$S' IEAT:
WEEBEAS,fucffit6ffdl*dB,ddcAEt,cas.*?z.loldgl.(6e"Act}ae
mcuitc4 8d tu &riffi r-o-**-s;*t m *" fu or cmuctim lrtatcrlals'
;xm;:mm*. Hf"ffi
@;fi;ee*r"qdrdortuAct
qrEBEAs,I.0fu8pw6t,h(tET@i@ery,hafiFdi€dfxrapmitoodcteminiqgoperatln
krmn astihrrhgmt*EdffiG€s o"ffi io'c*racomy, cfudo' fitcschds se
desaibod inoo pcarit gmis* * *,"fr;;"{p,M, ;;-r;E*i o hercin r tu'A-ftaed
Ldtr.
**ffi,i[t ffirry*ac*of
smEaBAsecBosdhgrkterrid,icaooordnecYiftrhcAfi,fidfucstimdmeilsof
rucJsmd*n wie r"er,i-r t* .mrm u," ;,ahra c"-ry ou* *;s' ." msy bcooilE s&i€ct b ftE
oEr'it rethre ##fr.rb *a*,;il"ffi;s rirrr r"*o fin*'drt*,mv' uttirruevbc
;mcadod t* U* ffiu * ,rOtc t*it c .*Jo of sfld aoctt ofrpchmalfuo
fll.dCagr
EFrllts Dlrtaa
foruJdVY. @rcY
Dt*iooDtBr
ilrudtcrorflGlo#e
-2-
*r ffiffi-m*fiIili[ rwn*n" ;quir€s# of & Arn wt
NO.Vir, Tffi.trGEi tk P€dnifi€G fere$pryses F=qTmd
e* itwill TyI'ty'*fih all qdicable
req'irmats rt* oi-Irua* *org*f irGn"nt*io."*purt to tu Aftctcdr^aod&
mIRfiIE&tbe}€rmifieeherebypromiseth€Bomdfditwillcupty*q,tlofthetecnsoftk
rytication for
"
p-#,;;;;-i;*ffi*a * ** * qli'ffi# auacbsdto th€ p€r,dtbv tk
Boa$d-
FuRfiffi,6ep€mifieep@miseerh6Bosr.,grsrad-to
3+32-Ltz{2\{{)qr?+32-5'112(lxcxiv}
of
teect, thatitmre r*rn r@dtyt .d;ffi Aftq"d Inn;- [ ffiGi'ury"e"tau"' irtudine;
bur mt rimited to, r*ril*ioo. rre i.rriu* ffi;dr* *;s't;t* B"*d t" rd* to reclain Im&
affecteil bY the opera$oo'
rhcdmiptimoflmirshcreinisforc@r€ili#ofre&reoceonly'mdmaryinsrddescrisioo'u
mv rsvision ofthc Bemireat -*.q ep *ffi ffi w*"nffi* oflmils o.nide of tbc pemitted
rninins aca *"o *#ffir;;E;rAil;" *us"u*oo*d;;ffi;';"11 *Hd o &s reclmdie of
alts,rcnrruas di$rt€d'
I'be&ligaioof&ePgmittoeherenrderis*,"fttb+{suPermitlceehsltmcccscfirtlyco@l}with63
req*ft @cds "rrr, ii #'ffi *E_@uq*" -a * p"fr***in"r,o"d"** 3 fi ndirs tlrd &e
permiftee has so *fffi *fl rMG tu"-p."tr--* **rt ,-J re r"*itu" fiom its obligsion
tsndEr, b * #ffi# B;-dr..*# rn* *rraqru# tu*.*"qti*e* The obligdim
of rh rmiree b**rd* etr cootimrc ffiffi;x;ffi th'-d'd in recordance wie
,p'pfi.rff" ft*'
InfrMsatisfrdiqtrof&eroquirmasoftheActtPemiueepromuqtoFTsDmsfrlef:trfucost
of *,M* w rE-JJ rde*ryd"fiA;'"* *
"ry
;ffi ;ffi its fr nmial turorv' uthich
may be od #ffi; 6r* ,3."i;#.*.* #ffiil -ril.to t F-""r wratrv (or
urmauies) ftrrc #t o* "r*dffit;J"*dirs # il" .*io m"of&; oemir pkas€ mte
ft6 undrr 6€ p,r**ffi-ro" c"r*a, uffiaru;c* fi frE'itl** r it nmlmaii@ Acr
ftr tk E:d,, rid oicmr.*i* ffi- #il;fr" srmits Foo[' acce$aile m tc
Bond or Division ;ffid* r'r'ios:;'s"&' 6" * ffiJLffifr"#Hffi'"4
MEicipsl gr*rr; * i" "
dfurd-* divisim of staE ffi ffi; b..esp*st
reouireal b sibmit opoet my C$ f"nt*it "i dd"tdbttitv hrt My Fm
ft,r&€ .o* of *finl6'p o tu **tt sPdficd by tG Bodd'
EteBouddetgminpstHfto-FermireciBfud€fo'brdlrtispetrumrewultotyildbssfaitedto
ffi
Ooreddeturlthaveb€@grv€o'
rtlsp€rf@ece wudyreytc execut€dhmflble copie* cachof shich.shall betrealed s o
fiiginal, *,u;ffU;@;'';;ffi4 e;td;;ti,E'p".,d* of uihidh +hatl be
ffi t dl'* of the steb of colondo'
-3-
lte trovi8im pssf rlrell bind d imcb ths beao& oftteprtieshec*o d their seesstrs
dffiigns. i^--
SIGNED,SEALED AI'IDDAIED frua-Ll' &vof
srArg or tdnra-Jo r
cdBrrYoF c*'|.4 iJ ))*'
Tk frr€gping instu,mcutws aclmoufledgp4be,ftrerettis 24 -aay * * la*t f
MyCmisskneqrires: .Lq-a{ .
APPRO\IED. KSeofC.olondo
lfirc.lr^mdRtrl&ld@tw
Division of Reclmstiaa Mining md Safsly
DivigimDietu
Dae:
! A}IOREA ii uunn ;
k*u'#
r-
Permitee
CIRCE$ Gost EsdE a6t# Soilttrare
t,s€ri
PRqTBCTEIEffiFlc4trOSI
Dais:@eaw
TN
Agpnqr or oQseen natE :Dhdebn
Fefiritoriob a&.t :Fd Wqt
TASK DESCRIPTK}f{
' iddlr iffi &.iors4tt!d or:
ffiREGTGOSTS
OUETG'ID/IDPf,ffiT-
Pemffalobrp.: *flWt8 Sib:lffirWrPft
Abbrovidst:St#:&ble&
Fkrarp: ,fr|&'Un Ccrdf :Gar&E
D'RECT
@sr
t,fi174
5( TUTA.g
TOTILDIRE TOGIT
atz ,6dcWrdM
loia|=- _ .fq,.o6
ffi=_$1,671.6
+elgad,M=flfd'gt}Es
r.EEUf, -EHtrEtrl6 - ?f,rEgr r xrc*rr'
Fi'an*{ uarrrg rocessiE (bgdt€bd c*) :ilt-u
eEmneerrrg ffit ardls ffislnld prcgar*n :-
fudamalbn arflw
rurN-o*P- $ZI,N
@ffiR grlrrclxr(&d+O3l]r 8179,W
l[A fid=s500
llA btd-s7,@
Xdq*.- tA Ut4=- iaSTS
ffir3
Xdue.
@f'Ilffi:Elrcx/-ilA
rorAl- FIIlnEm msr -_____S37Srcon lEr*.oEtdfu dr8*50d
TOtrIL B0pfffirut{T(&ect+ lncrc$ = $7S,Elg
Jobaperfrrgri,---- f-fr-lrts|.-Srr S3lt"ff 5id=
PPft: th.(n XdM &l=
STATE OT COLOTUDO
DtvlsloN or *ECLAMAnON, I{INING AHD SAFETY
Depadment of Nxural Resorrrces
l lr3 Shernan St , Rmm 2I5
Denver, Cokado &)2O3
Ph6€: {3O3) 85&3557
fAX:lJO3) 83231O6
COLORADODtvrsIoN or
RICLAMAflON
MINTNG
-&-SAFETY
BiU Oweris
CffiBfr
Rrr*ll Ceorye
Erecdive Direc.or
Ronald W. Gttany
Divisbn Oirccbr
Ndural Re!6urE Trr5tee
FII\ANCIAL IVARRANIy
qoRPoRATE SURFIY
Oporator:
Operuion:
PermitNo.:
lffarrantor
S@E
Cit),:
State:
Area Code:
Lafarqe Ueet, Ine.
ilorth Bank Reeourcea
Fr-2006-018
Safeco Insurance Company of America
Bond No.: 644afi2
Safeco Plaza
Seattlo- [rA 918185
Uashinqton Zip Code:
Telephone:
981 85
332-3226
Thkform hasbeenaplnovedbythe*Iiaed LsndReclamdion Boardpwsuantto sedonc 3,1-32-177, C.P.,S,,
of the Mtad Land Re&natiot Ad and 31-32.5-1 17, C,nS., oft*c Colorado Lsad Reclan atiaa Aafor the
E*aaion of Construdion Mdefiols. $uy alterotion or irodlficdion ofthbform, without appwal hy thc
Boord shall resurt ia thefinaneiul ianoaty betng lnvalid ond
"esxl,
in rte voiding of any penait issad in
cottjufldioa with such invalldSnoacialreafidrrtt, frnd sabjectrtc oFcroto? ta cqse ond de$;* or*n and civil
p€f,atties for operuting withoat a perrnit pu"sua,nt to sedions 3*32-123, C.f,,.g, of the Mirrcd Larrd
Reclamaion Acl aild 3+iz5-12i, C,,B..S., of th€ Colorado land Reclamdion Act for the Efitctiou of
Coa*uaion Maeriok-
KNOW ALLMEN BY THESEPRESENTS, THAT:
WHEREAS, the Colmado Mined t^ard Reolarnation Act, C.R-S. 1y73,34-32-101 ct seg. (the "Acl."), as amanded
provides lhat no permit rnay bc isued under the Act until the Mined Land Reclarnation Board (*re "Board') receir;'es a
Financial Warrany (or \&'arrantics) as described in tlre Act.
WHEREAS,Lalarqa Ueet, Inc.(tlr'Optratof), a Ihlarere
corporation, has applied for a pormit to conduct a mining operation knorvn as North Bank Rasoulces
"Operatiur'), on celtafu lands in Garfield Couaty, Colcado These lands ue desibed in the
permit applicationn as amended and supplemented, ud are reftrred to hcrsin as ffre "Affectcd [inds'-
,r_
:,
1
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IL
t
(the
Offieof
Mined Land Redar.raino
ffireeof
Adn€ ard kdive Mines
, -2-
WHEREAS, in the application for the permit, the Operator has agreed to be bormd by all reguircnrnb ofthe Act and all
ryplicable nrles and regulations of the Board, as anrended from time to time-
WHEREAS, in thc application for the permit, the Opcr:ator has agreed with the Bord to protide for reclamation of thc
Affected Lands that are now, or may become, subject to the permil as required by law.
WHEREAS, ttre Operator and Safeco Inguance Comoanv oP Americe (the nWarrantor"), a corporation
ard duly authorized to transact aorganized and existing undsr the laws of the State of l,laehinoton
.snffiA#gffi_Offir;*;fe Stae of Colomdo rc hereby ad frrnly bormd mto the State in the zum of
Slx Hsndred and ib,/ltD DoIIas($ 195,80q.00 )fordrelifeofmineorgrtilsuc.htimcas
-rt-."r*a is ,-"rr*, t"* which sum, well and tnrly made, we hereby bind orrselves and our personal
rcpresqltatives, successors and assigns, jointly atd severally, firmly by these preseffi-
WEIEREAS, the Bo6d has dasrmine{ in accudance with ths A€t' that tle egirnared co$s of reclarretion of tie
A.trec'ted I qnds tuo &ose arnounts for the staied p€riods of tirr as set forttt hereir- Said mtount mry be sner# frorn tine
to time to reflect revised es'tirffi of sairl costs ofr€clarnatifiL
WIIEREAS, theOperatorand the Warrantcr, in rccordance wift&e Act,has promi,sed andherebypromisesthc Bord
Ihst it win be rcsponrible fu all the etianted cosr ofrerclarmtioa with regild to thc Atrectcd Lands.
WIIEREAS, the Boad has daerrrined that this Finrucial Wrrantyby the'ffarrotsr equals tLe esimated cosB of
reclmratim, as ryprov€d by thc Boand, with regard to the Affected Lards-
NOW, TI{ERXF'ORE, tbcOperatorand6e Warratorare heldherebyfinn}yuniotreSreofCobradoiathe amrmt
of ftme sum for those periods oftinp as set futh herein, urcil ihis Fimncial Warmty is amended or relead in aocordrc
with applicable law.
Tbe Bwd rita,y, fu good causa sLowrt, isrEasc u &cr€ase ths mmm{ d duratim of this Financial Warraufy. The
OFretor*dlhave sixty(60)dq,safurthedateofnoticeofanysuch@usmenttoisffeasedrcsrrctyanrunthrtmsrdr
insease shall bind the Wurantor unless and until it shall have consented thereto in writing by the issuanco of an additional
Financial $rarranty crr by an endorsem€nt to this Financial Wan"anty'.
Thc Operalor and &e Wanmlcr shall notify tLe Boad immediately ofany event wtrich may irrpair ihis Finffitr:al WilrE ty-
If ffre Boad receirrcs such noticq or otherwise has reason to believc tht this Financial lfi/uranty has been matrrially
imparre4 it may osrveoe a hearing in accodance with the. Act fffi the prpose of deterrrining whether irrpairrnent has
oc$rred.
The obligatfon of&e Operator and fie Warrantor shall continue until thc Boad hqs rel€ased this Finmcial Warraty m has
sdersd it forfsited in accordance with 4pplicable prrovisions of the Acr- It is undersiood ttrat periods of ycos rnay
rcccsstrily be rcquircd b€fsc de*ermioation sn be made thxreclarnatior of &e Alfegted Lmds bas bem s^tisfac*ffiily
conplcted. lt is also recognized tlmt, as reclffiratisn is acco,firpfished, the mount ofttris Finreial lVarranty may be rc&ced
with ihe approval ofihe Board so fra it reflecrs the then current estinm&d c6t oftb rcrnaining rechnratiorr of fu Affectd
r -qds. No rcvision, extcnsiorL sr renwal ofdre panrit, or of the time allowed to complete reclsnation, shall diminish the
Opercds r Ttlarantq's obligation under this Financial Warranty- No misrepresentation by fie Operator which my hara
induced fie Warrarntor to execute lhis Firsncial Wrranty shall be any dofensc to d€rnand by ttre Statc mder ihis agreenent
-3-
In aay single yea ihning the life ofttre permit, thc amourt ofthe Financial $/arraffy shall nod excced t&e estimated cost of
futly reclaiming all lands lo be affected h said yer, plus all Iands afued in prcvious permit years and not 5at fuIIy
reclaimed Reclamati,on costs slnll be computad with rcfer€ncc to cmrcnt rcchrmtion oosis.
Ihe arnount of &is Financial Warranty is based tpon estimates as to the cost of reclamation, and does not opsrate to
Iiquidatc, limit ealqge q restrict tho Operatds obligarims to corrplstc rccltrnation and to coryly in all respects wi& fie
permit and with applicable laws and regulations govcrning rcclamation, even though the actual cost thereof rray subs{antially
. exceed ttrc amount of this Financial Warranty.
The Warrctrr shatl rmt be li able undef this Finansial Warrarrty for an amufit gr€atcr thm &e srm desigrrated herein, rmless
increased by a later arnandment to this Finencial Waraflty. This Financial Warr-anty stmll be revicwed by the Board from
time !o timc, and the Board may require an increase in &s principal sum ofthis Financial Warrmty (and a corresponding
ircrcase in the surrety amomt) to covs incress€s in the e$imded co* ofrechrmtion, but no such increase sball bind Orc
Warantorrmless and until it shallhave consentedtheteto in writing bythe issuance ofan additional Financial Wtrranfyor
by an endmsement $o f}is Financial Warranty.
The Wrrdon reserves thc right to caacel this finarcial Warrerty, e,{fective m}V rpon a affiiv€rsary date, md oolyf
gving wriftem ncioe to ttat efe4 rftailed by Cotified Mail, at lca* ninery (90) days pnor to srch amiversary date,
addresscdtoboththeOperatorafitsaddrcssh6einsateqaadtothe Boarddthcad&esshersinstsd- In0re ewrtofsrch
crrcellatisq this Financial Wrrantyshallnevsrtheless rsmain in fuIl forced effectasrepects thereclarnation ofall seas
disturbed pric,r to the effective date of such cancellation, unless and until the Operator shall file a substituto Finanoial
rr/garranty which: ( I ) assumes liability for all reclamation obligtions which shall have riscn at aly time while this Finansial
Warratrty is ia force; and (2) is accepted in writing by the Board.
In the evest of such cancellation, if the Fiumcial Warrarrty is not fiilty released, the amouat of the continuing Finaocial
Wrrmty anait*le for tbe reclarnaion ofres disturbed and uueclaimsd at tre date ofcancellatim shall be fixcd bythe
Board at &e amormt it determirm n€cessary to mmplete srch reclaoptim (u&ich armmt may not exead the srm
desiemtedlmein) and tbeBoard strallconarremlyidartiffslrclaeasinxriting;atdao@the WarantormdtheOperatr
thereof. Tlrcreafter, the obligation of dre l4/araator shall be limitcd to reclamation of the areas so identified.
Tha cmsideratim for &e Warranto/s sxecutiu ofthis agreerrrnt is Ere prornisc ofthe Operaror to pay the pernirnns, but
failrrrc by thc Operator to pay such prcmiums shall uot inralidate or diminish the Warrantor's obfigation hercmder.
The Bmd rnay make demand upoo the Wsrsrror for payruil h€rumd€r if tlrc Boad daerrnines tlut reclmratior which
ought to have been pcrformcd by the Operator, or its successors or assigns, rernains unperformed, md ifFinarcial Waranty
forrfeiture pocedures required by law have been initiated. No ofier condition precedent need be fuIfilled to entitle tre Stam
to recei$e fte amnnnt so demndod. Howerrer, if, opon conphim ofrechrnation by rhe State, the aurormts expanded fu
rechmation shall be less drau the anount rmived &orn the Warrantor, the excess shall be prornptly refimded to fie
I,t/arrantor-
Ifderrffrd is rnde npm the Wsrantor fc payment of an arrmrrt &re to the Bord herermder, md if &e lVarrantcn fails to
nrake payrrent of sch amount within ninety (90) da1rs a$sr thc date of receipt ofsuch dffrxar4 s ifit should ftereafter be
aercrminea, tyagreerncntofthe Warrantororbyfin*ljgdgn€ntofcotrrt, thattfoe arnountderrdeduraspmperlypayabte
&e Warrantu agroes to pay to the Bmr( in addition to the amormt Aarwlad, interest d the priEr rate in effect fram time
to time at The United Bark of Denva for the Friod commencing at the end of such ninetrday period and ending on {be
date ofaca.ral paymcnt
-4-
ftlrs Botrd shall aotify the lvarrantr thdt th€ Opcrator is in dsfault, and if the Bod $all initiate my Financial Warraffy
forfeitufe prccodures rcquired by lew orregulatkxl &e Warantm rray, in lieu of rnating pa,ryEnt to tk Bord of &e
amount duc hereunder, causc the roclamation to be timely performed in accordance with all rquiremsnts of ihe Act ard ali
applicable rules and regulations. In such evcnt, wher: and ifthe reclamxion has been timelyperformcd to the satisfrctioa of
the Board or Division, this Financial Warranty shall be released. If the reclamation shall not be so performed to the
satisfastion of the Board or Division, this Financial Waraaty shall remain in fuI1 force rrd e{fecl
This Financial Wrranty shall be subject to forfeiture whenewr the Board determines that any ofle or more of the following
circumsEnces exist:
I . A Cease and Desist Order entered pursuant to Section 34-12-124 ofthe Act has been violated, and
the correetive action proposed in such Order has not beerr completed although arnple time to have done so has elepsed; or
2. The Operator is in default under its Performance Weranty, md such default has not been cured,
ahhough written notice and arnple time to cure such default has been giverg or
3. The Operator and/orthe Warrantorhas failed to maintar'n its Financial Warrantyin goodstandirgas
required by the Act; or
4. The Warrantor no longer has the financial ability to carry out its obligations in accordance with the
Act
The descripion of lands hereir is for convenience of reference only, aad no error in zuoh descriptior, nor any revisicm ofthe
permitted mining ar€a, nor the dishubance by the Operator of lands oueide of tln permitted mining u6a shall alter or
diminish the obligafions ofthe Operaror and/or Warranior hercunder, whioh shall exta:d to the reclamation ofall such huds
disturbed.
Ifthis Financial lYamanty applies to Natioml Forest System laDds, and ifftis Finarcial Waranty is rc@ by the Unitcd
StahFu€stSertrioe(LS-F-S.]as tIrcboadrequftcdrsder36C.F& 228.l3,fhmtfuQcrsbr, havingregesed&atfte
Bord aad &e US-F.S. ar,cept ttris single Firprcial Wffiarrty in lieu of the seprde bon& wtich would o&ertvise be
requiredbyryplicable law, hemebyagees&ano*rift*anaingrryotbcrpruvisiorhaeof,,moftrcw, thisFinancisl Wrranty
shall rrrrain in full folce and cfect until U-S.F.S. has advisd the Boaad by written ndicc lhat thc Ope,rator! obfigatims to
U.S.F.S-, fsuftidrthis \ilarrantyisexecutedlavebeen satisftd, srduntiltle ftnancial uramartyhasbeenreleasedbythe
B@rd.
If this Firarcial Warmty aprplies to lands under thc jtnisdiction of the Statc Bocd of [.srd Cmunissioners flLud Board'),
and if this Firnncial Waranty, in whole or in pcg is rcptd by ttle I^md Boad as the bond requtu€d under its ryIicable
lawmdprocedures, thcntreOperator, tuvingrEqrrcsfiedthatthe Sute acceptthis Finanoial Wrrmty in licu oftheseparate
bonds whieh ulr,uld oihtrwise be requirad by the Colorado Mired Lard Reclarnation Board q Divisist of Reclanafion,
Ivfining and Safcty ard by thc I^and Bord, hereby agrees Era! rotrr{tlrstmding any other provision herw{ u of trew, this
Financial \tananty shall remain in full force and effect until the Board is notified in writing by the Land Board that the
OperatoCs obligaticms to the I^and Board, for which this Waranty is execrted have been satisfied and until ihe financial
wsrantyhas been released by the Board.
If aII or any pct of the Affeted tands are under the jurisdiction of the Bureau of lrrd Mur4gemeat l-rnitcd States
Deparunsnt of the Interior (the 'BL[!f), and if, at the request of rlre Operatc sr thjs Finfircial Wrrarry, the BLM has,
pursuanl to 43 C-F.R- 3809. t -9, acceped this Financial Wurery in liar ofrequirirg a sepdra& r€chmtioo board pa3pble to
the lrfiitcd States, thcn, notwithstuding any ofier p,rovisiwr of this Firlancial Warranty, r of law, tho Operatcr and
Wrrantor hereby agnec thd this Finarcial Wrranty slrall not be released rmtil 6s Boad is adeis€d in writiag by the BLM
!
ti
I
!i...
!
Warrantor
Opsr.br
-5 -
Orar &e Operatods obligaions to th6 BLI{, for which ttis $rurcrty is exeutd, have becn satisfied, and mtil ttp fin-ancial
warsnty has becn released by tn Bord.
This Financial Warrantyrnay be exesrted in multiple copi€s, each of*tich shall be trEated as an ciginal, but bgether
firey ccrnstitrrte only ore &gr€eaffil, the validig and iuterpretation of which shall be goverred by ihe laws of tlle State of
Colorado.
The provisions hereofshall bind and iflure to thc beirefit ofthe parties hereto and their successors and assigns.
SIGNED, SEALED AND DATED 16t 16th - day of 0ctober
Safaco fnstneance Comoany of Amrica (sHAL)
NOTARIZITTON OF WARRAITITOR'S A
STATE GF . . [.iesouti )
) ss-
COUNTYOF Jac*son )
Ttte
by_
foregoing instmnrcnt rras acknowledged before ne this --16th . day of 0ctober
Laura E. Coon as Attolngy:6f Safaco Ineuranca Co.mpenv of America
My Commission expires:7/26/2ao9
Br
(SEAL)
h'..lIe
fffi
-6-
NOTARIZATION OF OPERATORIS ACKNOTI/LEDGEMENT
lfre
Mycormissiurexpires: J+\ q, aOOT
Date:
Division Director
Itt'c{otrlmlbodfoms'fory&ft9.bd REvlSD atslldo4
srArE op LIqqfu -.. I
cor.tNTYor@*
State of Colorado
Mined Land Reclamafion Board
Divisisn of Reclunation, Miningand Safety
The foegoing fustrurrcnt was aclorowledged bef6sme dri" }.rd dayof
NOTARYPUBLIC
I
i
By
i
i
I,t
by
EEM.POWER
OFATTORNEY
Sdao krgmm Cqryany dAImica
Gswal krsrurre CooPanY of Aruba
S&co Pbza
Sede, YvA $185
*tKEvIN B. AI.D(ANDEu JEFFREY C. CAREY; IAURA E COON; METJSSA D. EVANS; MARY T. EI.i{NIGAN; MICI{AEL C.
FRos* DAyID rd- LotrroN; R[|Ar;l t m(kroN: cLAUDLA l'{ANDA.lq IGRRY A. MARVEL CHRISTY }Yl MCTART:
pATRICKT. MOUGECN; rAIi{Aa C. flfmr.; mrnrCrr T. PRIBY! DEBRA I SO{RBOROIIGTq CAROLYNVAN }IA'{REN;
CLIFFORD B, YOITNG; K;Trty, Mba"tit+ir***rr++r*tr*+++i++trc*EEE++tt+t+E'*rFt'+'i'tt'ir'tF"e'
fls tnre and hlilfrJ afrofney{s)-ir}.fu€t, yfrfr ful alhsity to exealte oo its b€half liddfty and surety bonds or urdedakirgs ard olher
Ooa:ments of a similar driracter lssued in fre course of its businass, and to blnd the respeclive company thereby'
IN WTNESS WHEREOF, SAFECO INSURAT'ICE COMPANY OF AT/IERICA ANd GENERAL ]NSURANCE COTIPANY OF
AHERICA have eacil qeclrtod zld atlesbd tfieee presenls
KNOYTI ALL BYTHESE PRESEilTS:
That SAFECO INSURANCE COMPA}.IY OF AMERICA ANd
Washington corporation, doe6 each hereby appoint
6957
GENERAL INSUR.A''ICE COllPAt'IY oF AMERICA each a
March , 2006
day of
day of ocT I 6 2006
)4*/,a.",;W4^-
STPtIAtfE DALET.f,AT5(f,{,SECNETARY
Saftcdsd $o Sfrobgo rc rsgatlbGd fEd€'rtdfa <* S*co Ccpon6m
VI'EB PDF
14th
We*- fi////#
tt=r**'= ,o.tY-*Oto",t="***Y - eEmHdEiE u'*= t**"'t*="ttnt'*u**
*oTiX:f"'J,ftrf Li$i5f,?JI?'#igi%?TnS'orA.'ERTGA
,Articb v, seclirm 13. - FtDzuTy Ar.lD st RETY BONDS .,. frre Presitefrl, any Vhe Presirrer( the secrslary. and any Assis{ant vice
pEd&rfiappoinbd hr t]at F# by tp ofEh ctsrge cf surety op€{dons, t?f @ch hsve afiErityto ryc*If ixiltidJats as
atomeys-did or uxder oerer'apprdrlalB t'oes wilfi aJdrodty to €xsiro on behatf d ltre arpany fidefiiY and srrr€ty bfids ard
otrer do(IlrE[rb d sirdar ataoief ii*rea by the mnrpany ir ttre courso of lts busiEss.-- &r any kr*r.rment mskirq or €A'i{encktg
srch appoaotrrer( t5e gg1affi ;ay Oe #xeA by iacs+rda Gt any iutrunEr* conisrrhg srdr authcrity or ofl any bosd o
urdertakfry of the corrpany, tr€ se{ or a facsimile lhaod, may Oe
-inprsssad or afrxed or in any o{tef nannd, reproduoed;
p,-t6gd, filrerre., t|at tre ieal sirf na be rEoessary b $e validlty of any srdl insfrrrnent or urdertating.'
Extract fiom a Resoluton of the Board of Direc:torc of SAFE@ INSURANCE COMPANY OF AMERICA
and of GENERAL lt{SURANcE COMPA}.IY OF AHERICA adopted July 28, 1970'
"on any cerfficde execruted by the Secr#ry or an aslstant seoelary cf te Cornpry sedirg otjt''0) ffte p.o.,lsi ro d Arfue V, Secffon 13 ot lhe BH,ws' ard
(I) a cdpyottre PorEr-of€$orneyappoe*nent e)(eqded prEsuant t}ars' ard
0ii) ce*ifiDg tlrat saH powerof-a[omey appoinhnent is in full force and effeci,
the signai-rre of ttre cerUrying #cer may be byfacsimile, and the sesl of the Company may be a facsirnile thereof''
t, S6pharrio O46lFwatson , S€cr€tary of SAFECO D.ISUR [ilCE OOTTPAflY OF ATERICA and of GENERAL INSURANCE
Coib*fy Of luERtcA, do hereby datiry flrat ne raegolng ec<b* of ihe hrlavs and of a Resotu$on of the Board of Diecbrs
of t *oorpor"Srt", and cf a Po*ridntLnrsy gsrueO pr"sia"ttcer, arofuetd ryrecl' ardtl* bothlha hrt-ars.$e neaoffirt
and ths Poll"6of Albrray are sfil in fuI furce atd efrcL
lll wITIrlEss IYHEREOF, I have hersmb cat rry hand and afibcd the facsimfle soal of sald corporatbn
s497ryDs ry.ps
05/O5/zAgB 13262 3782487254 CDOT N L^,)
PAGE A2/43
STATE OF COLORADO
DEPARTMENT OF TRANSPO Rf,ATION
(egion ,
222 South Sixth Streer, Room ll 7
Grand Junctlon, Colorado 8l 501 -2769
(970) 583-6202 FAX# (970) 583^6205
f>Dor
Good Afternoon Doug,
Apparently Dan Roussin from the CDOT pernit office has been verbally communicating with
Garfield County. I instnrcted him today that I wanted this conversation in written format. As a
result, please see an e-mail sent from Dan Roussin to Fred Jarmin in Garfield County instructing
him that CDOT will require I oc\il permit and traffic study for the change in the LaFarge Pits use.
Have a great weeken4 and tlank you for yor:r interest.
*} .as. _lf,rL _
Weldon Allen
Sincerely,
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CITY OF RIFLE
PU BLIC WORKS DEPARTMENT
TRANSM/TTAL LETTER
TO: TIM THULSON, ESe.FROM: BILL SAPPINGTON, PE
COMPANY: NORTH BANK HOLDINGS, LLC
ADDRESS PO DRAWER 790
CITY, ST, ZIP GLENWOOD SPRINGS CO 81602
Attached is a copy of the North Bank Holdings, LLC. Watershed permit issued by the City of Rifle.
Please let me know if you have any questions.
Thank you,ru.!
BillSappington PE
Public works Director
Attachment
DATE: JULY 25,2001 RE: NORTH BANK WATERSHED PERMIT
fl unorrur E ron REVTEW E pLEASE coMMENT E pleesr REpLy n pLEASE REcycLE
Tim:
0 2 2tl07
9c, 1.1.1 Migchelbrink, PE, LaFarge; David Mcconaughy, Esq.; I[Hm&l#sl. Rifle city Attorney; Michaet
Erion PE, REI;Jeff Simonson, pE, SGM
G & H GLINV\rOOD
BEFORE THE CITY COLTNCI OF THE CITY OF zuFLE, COLORADO
CONCERNING THE APPLICATION FOR A WATERSHED DISTzuCT PERMIT OF LAFARGE
WEST, INC. TO OPERATE A GRAVEL PIT KNOWN AS THE NORTH BANK PIT IN THE
COLORADO zuVER WATERSHED
FINDINGS OF FACT, CONCLUSIONS OF LAW AND APPROVAL OF WATERSHED
DISTzuCT PERMIT NO. I-07
I. BACKGROUND
1. On October 28,2006, North Bank Holdings, LLC and Lafarge West, Inc. (the
"Applicant") applied to the City of Rifle (the "City") for a watershed district permit to operate a
sand and gravel pit operation including a conveyor bridge system consisting of a suspension bridge
and an elevated conveyor truss crossing the Colorado fuver and facilities appurtenant to mining
activities (the "Project") on properly located in Section 12, T65., R93W., 6'h PM. The Project is
located upstream from the City's Colorado River raw water intake structure and sedimentation pond
withinthe City's Watershed Districtjurisdiction, andthe application was submitted pursuant to City
of fufle Ordinance No. 22, Series of 1994, codified in Article II of Chapter l3 ofthe fufle Muricipal
Code ("RMC").
2. For the purposes of this permit (the "Permit"), the application shall consist of the
watershed permit application and application notebook prepared by Lafarge West, Inc. dated
November 14,2006 including conveyorbridge drawings, miningplan, reclamationplan, soils report,
vegetation report, wildlife report, drainage plan, water report, and floodplain study and scour report,
all correspondence and materials submitted to the City by the Applicant or its agents, as well as all
representations, whether oral or written, made as part of the application and public hearing process.
These items shall be collectively referred to herein as the "Application."
3. Following the receipt and review of the Application, Jeffery S. Simonson, P.E. of
Schmueser Gordon Meyer, Inc., Professional Engineer for the City, submitted his findings to the
City regarding the Project in a letter dated January 22, 20A7, attached hereto as Exhibit A and
incorporated herein by this reference (the "Simonson Letter"). The Simonson Letter concluded that,
so long as the hoject is operated in compliance with the Application and conditions contained in
the Simonson Letter, the proposed activity constitutes an "Impact" under the RMC because it is part
ofa cumulative series ofminor impacts from similar activities and gas industry development on both
sides of the Colorado River upstream from the City's potable intake.
4. Any and all other permits issued or to be issued by county, state and/or federal
agencies in relation to the operation ofthe Project are incorporated herein by this reference.
II. FINDINGS OF FACT
5. The proposed activity is within the defined boundaries of the City's Watershed
I:\2007\C I ienb\Ri fle\R- I 0(6)Lafarge-3089\Docunents\w S PerDit0 l -07.wpd
City of Rifle, Colorado
Watershed District Permit No. l-07
North Bank Site
North Bank Holdings, LLC and Lafarge West, Inc.
District as defined in RMC 513-2-20, specifically within five (5) miles of the City's Colorado fuver
municipal water diversion and intake structure. The proposed activities include the operation of a
gravel pit.
6. The Application filed by the Applicant is complete.
7. The Applicant has paid the application fee required under tl-MC S 13-2-110.
8. A duly noticed Public Hearing was held before the Rifle City Council (the "Council")
on February 21, 2007. At the hearing, testimony was presented by Jeff Simonson regarding the
activities proposed by the Applicant and the applicability of the City's Watershed District
Ordinance. Assistant City Attorney Jim Neu explained to the Council that its jurisdiction on this
matter extended five (5) miles beyond the City's Colorado River intake point, and that it's authority
was limited to the protection of the City's water quality and supply. Mr. Simonson explained the
provisions of the Permit, and recommended issuance of the Permit subject to the terms and
conditions set forth in the Simonson Letter, which classified the proposed activities as an Impact
pursuant to RMC S l3-2-120. Steve Wood and Helen Migchelbrink, P.E., both with Lafarge West,
Inc., provided testimony on behalf ofthe Applicant regarding the Application and the Project. The
City Council expressed concerns regarding the City not having a final SPCC Plan and Storm Water
Management Plan for its review prior to issuing the Permit. The Applicant indicated that they can
forward those documents to the City and until those are reviewed and approved by the City, the City
can withhold is signature on the Permit. The City Council also wanted to ensure the City would
inspect the Project twice per year, regardless of the condition in the Simonson Letter. Finally, the
City Council wanted the SPCC Plan and any otheremergency notifications regarding the Project to
include evening phone numbers for the City Utility Director, City Public Works Director and City
Manager. Testimony was opened up for members of the public and there was a question regarding
any changes in the flow of the Colorado River, and the Applicant responded that the Project is
outside the floodplain and there will be no impact to the flow of the River.
9. With the conditions contained in the Simonson Letter in place, as modified herein,
and based upon the testimony, the Council finds that the proposed activities do not present or create
a clear or foreseeable risk of significant injury to the City's waterworks or pollution to the City water
supply so long as the Applicant adheres to all of the conditions stated in the Simonson Letter and
set forth herein.
10. The Council hereby finds and determines that the issuance ofthe Permitrequires the
inclusion of conditions as set forth in the Simonson Letter and as outlined above, that such
conditions are necessary to prevent a risk of injury to the City's water works and pollution of the
City's water supply, and that such conditions are authorized pursuant to RMC $ l3-2-140.
l:\2007\C I iens\R iflc\R- I 0(6)Lafarge-3089\Documcnls\W SPerm ir0 I -07. wpd
City of Rifle, Colorado
Watershed District Permit No. l-07
North Bank Site
North Bank Holdings, LLC and Lafarge West, Inc.
III. CONCLUSIONS OF LAW AND ISSUANCE OF PERMIT
I l. The foregoing Findings ofFacts are incorporated herein by reference.
12. The City has jurisdiction over the proposed activity pursuant to RMC g l3-2-20 and
Ciry of fufle Ordinance No. 22, Series of 1994.
13. Based on the evidence presented at the Public Hearing and the Simonson Letter, the
Council hereby determines that this decision shall constitute a Watershed District Permit for the
operation of the Project as more fully outlined in the Application. The conditions of approval
recommended by Mr. Simonson in the Simonson Letter are hereby approved and adopted by the
Council as conditions of approval of this Permit unless expressly amended herein. In addition, the
following shall be conditions of approval of the Permit:
' The Applicant shall forward the final SPCC Plan for the Project and Storm Water
Management Plan as it specifically relates to the construction and operation of the
conveyor belt crossing of the Colorado River to the City for its review and approved
before this Permit is issued.
' The City shall irspect the Project at the Applicant's expense twice per year,
regardless of the condition in the Simonson Letter.
' The SPCC Plan and any other emergency notifications regarding the Project shall
include evening telephone numbers for the City Utility Director, City Public Works
Director and City Manager.
In addition, all representations, whether oral or written, made by the Applicant and/or its agents as
part of the application and public hearing process shall be conditions of approval of the Permit
14. All conditions of approval contained within any permit issued to the Applicant for
the Projectby any county, state and/or federal agency shall be deemed conditions ofapproval ofthis
Permit. Any violation ofthe conditions ofany other such permit issued shall be deemed a violation
of this Permit subject to all of the remedies provided for herein.
15 A copy of this Permit shall be sent by certified mail, return receipt requested, to the
Applicant.
I 6. Pursuant to RMC $ I 3-2- I 10, the Applicant shall reimburse the City for all outside
professional services, including but not limited to engineering, legal, consulting, publication and
copying fees associated with the review of the Application prior to the issuance of this Permit.
l:\2007\C liens\Ri ne\R- I 0(6)La farg.-1089\Documenls\W SPcrmit0 I -07. wpd
City of Rifle, Colorado
Watershed District PermitNo. l-07
North Bank Site
North Bank Holdings, LLC and Lafarge West, Inc.
17.
Applicant.
This Permit shall not be effective until approved by the City and agreed to by the
Dated tnir'{a^ror JvlV ,2007.-____7-
CITY OF RIFLE, COLORADO
-City of Rifle Watershed District Permit No. l-07 accepted and agreed to this -4o^, *iJ L v ,zoo7.
(
NORrH %** HPLDTNGS, LLC
>w61ilM
Scott Balcomb, President
1""+
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:.clr!-.=:T _oo*?ol MEIER
ENGINEERS SURVEYORS
January 22,2007
Mr. Bill Sappinglon, P.E.
City of Rifle
PO Box 19O8
Rifle CO 81650
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GLENWOOO sPFTNGS. CO I I 60 I
970-94 S- | OO4
il:970.945-5946
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PO. BOx 2r55
asPEN,co6t6r2
970-925-67 27
Fx: 97oga5-a t57
!Fe: rLL tsL i,a
F.o. Box 3OBe
crEsrEo EUfiE. co etZZa
970-3a9.5353
rx:970.349-535e
EXHIBIT'sA
i llBfr
James Neu, Esq.
Leavenworth & Karp, P.C.
PO Box 2030
Glenwood Springs CO 81602
RE: Lafarge West, lnc., North Bank Holdings, LLC
Watershed District Permit Applicationlor North Bank Site Gravel Extractionand Processing on the cororado River rntake watershed
Dear Bill and Jim:
At the requesl of the Cily of Rifle, we have reviewed the Watershed District permit
application submilled ty Lafarge Wesl, lncorporaled and North Bank Holdings, l_l_C fo,lhe proposed North Bank Siie Gravel Extraction and Processing located-within theColorado River lntake walershed for lhe City of Rifle. The Afpticant profoies todevelop a sand and gravel pit operation including approval for a conveyor across lheColorado River to convey the sand and gravel iesources from the pit to the MammCreek pit site where the mined malerials will be processed. The proposlO frolect islocaled on a parcelof land thal is approximately 2oO acres in size and lies between U.S.Highway 6 and the Colorado River (formerly known as the McBride prop".tyf. lt i=located directly across from the Lafarge Mamm Creek Pit. The general location mapfrom the application is aflached.
The application submittal includes a bound book prepared by LaFarge daled November14, 2006 conlaining the following information:
1. Watershed Permil Applicalion
2. Conveyor Bridge Drawings3. Conveyor Bridge Photo Renderings4. DRMS Mining Permit Apptication5. Floodplain Study and Scour Analysis6. ReclamationDrawings
7. Slorm Water Management plan
Fatrt..
F4/,*,.
January 22,2007
page 2
ln addilion, the applicalion submitlal includes the Seplember 3, 2001 floodplain sludy of
the Colorado River as prepared by High Counlry Engineering in support of the previous
Mamm Creek Gravel Pit DMG and Walershed permil applications.
CLASSIFICATION
Based on our review and analysis sel forth below, we recommend classifying lhe project
as an "lmpacl" since lhe proposed activity is parl of a cumulative series of minor impacls
from similar activilies and gas industry development on both sides of the river upstream
{rom the City's polable waler inlake.
ANALYSlS
The proposed aclivity includes sand and gravel mining activities and associated
operations including primary crusher/screening facilities and an associated fueling
facility. The mining plan also ulilizes a conveyor across the Colorado River to transport
mined malerials to their processing {acilities in the Mamm Creek Pit. The site is localed
on the north side of the Colorado River approximalely 1 112 mile upstream from the City
o{ Rifle's Colorado River waier supply intake. Aclivilies on the sile will be ongoing foi
approximalely 12 years depending on lhe demand for the mined malerials.
The sile aclivilies will ultimalely expose ground waler which increases the potential for
impacl lo the ground waler resource from bolh minor and major spills within the projecl-
The ground waler flow is in a soulhwesterly direction and lributary to the Colorado Fiiver
above the Cily's intake. The proposed grading and mining activities are reported to be
localed outside of the '100 year flood plain although one recommended condition of
approval requesls their mapping to idenlify the 100 year flood plain on the mining plan
map to confirm such.
Surlace runoff from lhe projecl will be conlained wilhin lhe project sile, therefore, erosion
and discharge of sediment to the river syslem is not a significant risk for the City.
Dewalering operalions for lhe projecl will discharge high TDS waler into the Colorado
River via a setlling pond. Such aclivities are regulated by the Colorado Departmenl of
Public Health and Environment through a Process Waler and Storm Water Discharge
Permil Process. While such discharges may be permilted by lhe Stale due to lhe high
dilulion faclor in the Colorado River, the City needs lo be aware of such discharges and
should be copied with the discharge moniloring dala on a regular basis such as quarterly
reports.
The applicalion provides a "sample' SPCC plan for lhe ancillary uses associated with
lhe mining activilies. Upon inslallalion of lhe luel slorage lank, a specific SPCC ptan will
be prepared and certified by a regislered professional engineer that the plan meets
industry slandards and lhe requiremenls in 40CFR112 regarding oil pollution prevenlion.
./.E1^
f-*^"-"r January 22,2007
Page 3
The cily rryill need ro be provided a copy o{ the spcc ptan when prepared. Ascondilioned' lhe Cily of Rifle will need lo be included on lhe nolification and'emergency
conlacl lisl in the case of a fuel spill. We would recommend that the City's watei planl
personnel be the primary conlacl numbers.
Ground waler conlaminalion is a long lerm polenlial impact lo the City. The submiltalpresent plans and slanciarcjs ol care 1o minimize lhe risk of impacl to the City. Theproposed activity in ilsell would likely be classified as a minor impacl. However, thisaclivily in conjunclion with several olher sand and gravel pil operalions as well as lheassociated gas drilling operalions should be viewed as part of a series of cumulaliveimpacls lo the walershed of the City's Colorado River intake. Therefore, il has beenclassified as an impact to the Ciiy's waler works and the Cily water supply. lt should benoled that this review has been specific lo the proposed mining activitiei and does notaddress the gas drilling aclivities that are fulure or concurrenfly under way.
Relocation of the mining aclivilies out of lhe 100 year flood plain, constructing theconveyor bearing the Colorado River floodplain in mind, proposed implemenlation ofbest management plans and implementalion of SPCC plans for the mining activityminimizes the polenlial risk for lhe City and is the basis for a recommendation forapproval of the permit. However, several recommended condilions of afpror"t ,r"oullined below and are recommended to insure compliance with lhe permit a'nd lo assislin minimizing the potential risk to the City.
RECOMMENDATIONS
We recommend issuance of Watershed District Permil with the following conditions:
1. The Applicant shall maintain and comply with its CDPHE Process Water andSlorm Waler Discharge permil. The Applicant shall submit a copy of itsdischarge reporls io the City on a quarlerly basis.
2. The City of Rifle shall be included on lhe notificalion list and emergency conlactlist in each SPCC lor the sile. The point ol contact shall be the ivatei planr at970-625-2541. ln addition, the City shall be in receipt of a copy of the SpCCPlan, when prepared, {or the sile.
3. The projecl shall be subjecl lo periodic inspeclions by the City and/or itsconsullanls This qroject shall be included in the bi-annual inspettion list foraclive Walershed Dislrict Permils. The applicant shall be responsible for all
cosls associaled with such inspeclion.
4- The Applicanl will need 1o provide necessary bank slabilization in the eventColorado River channel migralion occurs and reduces lhe specified 100- fool
bufler belween rhe mining excavarions and the river channel.
January 22,2007
Page 4
the 1O0-year flood
proposed mining
The Applicant will need lo provide andror crarify rhe rocation ofplain line on the Mining plan drawings lo confirm lhat allaclivilies will lie oulside of the flood plain.
The Applicanl will need lo provide a leller certifying (lrom a Regislered Engineerol colorado) the {acl thal conslruclion of tire -proposed conveyo!. wilt nolnegalively impact the flow capabililies of lhe Colorado River. This letter will needlo contain slalemenls relative lo the exislence ol lhe conveyor nol causing eilheran increase in flood velocities andlor flood deplhs al'the 1O0_year floodoccurrence on lhe Colorado River.
The Applicanl will need lo have lheir inslallalion drawings modified lo reflecl thefoundalion depths and erosion proleclion requirements identified in their Scoursludy prior lo construcrion of rhe conveyor. The city snatt ue frovided copies ofpermil submitlals and-secured permils lor any required purrits (ie., flood plaindevelopment or USACE 404 Permils) needed to iupport tne instartalion of thepiers for the conveyor in the frood prain of the cororado'River.
Please call if you have any quesrions or need additional informarion.
Sincerely,
SCHMUESER GORDON MEYER, lNC.
Je-freiCy S: Simonson, pF., C.F.M.
Matl Sturgeon, City of Rifle
Helen Migchetbrink, p.E.
Lafarge North America
10170 Church Ranch Way, Suite 200
Weslminsler, CO 80021
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DEPARTMENT OF TI{E ARMY PERMIT
PermitEee: LaFarg,e North America, IncorporatedMe. Meg McDonald
10170 Church Ranch Way, Suite 200Westminster, Colorado 90021 '-ur---- -l
Permit Numberr sPK-2 007 -02172-cB
rssuing office: u.s. Army Engineer District, sacramentoCorps of Engineers
1325'I\Tn Street
Sacramento, California 95gL4-2g7z
NOTE: The term. ,,yorr,, and its derivatives, as used. in thispermj-t., means the permittee or any fuEure transferee. The Eermnthis office, refers to the approlriate d.istrict or divisionoffice of the corps of Enginelrs naving jurisd.iction ovei thepermitted acEivity or tshe appropriaEe 5riicirl of that officeacting under the authority Lt t-tie command.ing officer.
You are authorized t.o perform work in accordance with the t.ermsand condiEions specified belor.r.
Proj ect Deecrj.ption:
To construct two mining cerls for agg'regate resources on 75.5acres of the 239-4cre Northbank par-et. These cells will impact4.8-acres of waLers of the united states, including wetlands.Mining atr Ehe North Bank Resource projecL area wiil be btconventional- open pit methods emproying scrapers, front-eidloaders, track hoel trucks i"a ii "I,""i"i=vl r"r* implements forreseeding and recramat.ion. The planned opeiation wili consisL ofdry mining the, graver by initialty consElucEing a a"r"i"ii"gditeh around the perimeler of each of the miniig ".it":-n;explosives will be needed Eo extract the sand aid gravel- -
resources. The operati-on wirl produce naturar sand and graver andcrushed st.one, which wilr be used in normal constructionactivities such as road base, pipe bedding and asphiii-i"aconcrete_production. No other Lommodities wirr be-produ."J "s .result of the planned mining operat.ion.
Two.mini-ng ce11s, A and B are proposed for mining over anestimated -9-year period. crave-I piocessing and. ciushing-rirroccur at the Northbank Site. from the priilary crusher ilocatsed atthe Northbank sitre) sand and. gravel wiil trairel by .""r.yoiacross t,he colorado River Eo ihe lutamm creet< pit (Lracked'rrrra.=Department of Ehe Army permit number 20017503G) for pio."==i"gand sale
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An estimated average of 450,000 tons per year of aggregaEe isproposed for mining at the site. The expecEed operiiional life isapproximately 12 years. This aI1ows for approximately 9 years ofproduction and 3 years for rerease of the recraimed site. asirlustrated on Figure 2, mining wilr occur on t,he lower terraceapproximatery 10 feeE inside of the break in slope between theupper and lower terraces. This 10-foot buffer wirl alrow accessaround the entire perimeEer of the proposed pit rake and miningarea and arso provide a margin of safety shourd any of t.heoverburden from the upper terrace migrate down slope. on thecolorado River side of the proposed pit, a 100-fool setback fromthe riverrs north bank will be observed for the pit Iimit. inorder to ensure flow capacity during high water event.s so thatEhe river 'does not attempE to capture Ehe pit. An access road.,overland conveyor rouEi-ng and temporary placement of overburd.enstockpiles will occur wiuhin the L0o-fool buffer. rn ord.er t.oensure thaE no material ent.ers the river system, a veg,etated bermor equivarent Eemporary measures will be constructed indmaintained along this side of Ehe operation.
on the eagtern end of cerl A and the western end of ce11 B, wherea gas werl and pipeline are anticipated to situated, a buffer ofl5-feet on each side of a centerLine of the access road or a 30-foot buffer wilt be obserrred. However, should mining commenceprior to the construction of Ehe gas well and pipellne, the areasbetween cerls A and B will be mined to recover tire sand andgravel and rebuilts with overburden and pit run to accommodate Ehegas well and pipeline. Materiar wirr be excavated from twodist.inct, pits; ceIl A and ce1I B. cetl A oecupies approximaEery45 acres and ce1I B, 3l- acres. The proposed operaEion wirr startat the western end of ceII A and completely mine it out prior tomining of Ce1I B.
A1r work is Eo be compreted in accordance with the attachedplan (s) .
Projeet Loeatioa:
The project site j-s located directly nort,h of the existing Mammcreek sand & Gravel pits adjacent to the north bank of thEColorado Rj-ver, east of the city of Rifle, colorado and withinsection J-2, Township G south, Ringe 93 wesE, Garfield county,cororado. The project site can also be seen on the Rifle usGSTopographic Quadrangle .
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Peruit Conditions:
General Conditions:
1. The time limit for completing the work authorized, end.s onNovember 20, 20L2. rf you find thaE you need more time tocomprete the authorized act.ivity, submit your request for a timeextension to this office for consideration at least ninety (90)days before the above date is reached.
2. You must maint,ain the acE.ivity authorized by this permit ingood eondiEion and in conformance with the Eerms and c-onditionsof t.his permit. you are noL rerieved of this requirement. if youaban9on trhe _permitsted activit,y, although you may -make a goodfaith transfer t.o a Ehird parly in complilnce wieh Generilcondition 4 below. should you wish to cease to maintain theauthorized activiEy or should you deeire to abandon it without agood faith transfer, fou must obtain a modification of thispermit from this office, which may require restoration of thearea.
3. rf you discover any previously unknown hj_storic orarcheological remains while accomplishing the acEivity authorizedby this permit, you must immediatEly notlfy this offiie of whatyou have found. we will initiate the rederal and statecoordinat,ion reguired E,o determine if the remains warrant arecovery effort or if the site is eligible for risting in theNational Register of Historic places.
4. If you sell the property associated with this permiE, youmust obtain the signature of Lhe new owner in the ipace providedand forward a copy of the permit Eo this office to iralid'ut" tn.Eransfer of this authorizat.ion
5. If a conditioned waEer quality certificaEion has been issuedfor your project, |o, must comply-with the conditions specifiedin the certification as special condiuions Lo chis permit. Foryour convenience, a copy of the certification is atlached if it.contains such conditions.
5- You must allow.representatives from this office to inspeetthe authorized acEivity at any time deemed necessary E.o ensureEhat it is being or haE been lccomprished in accordance with cheterms and conditions of your permit-
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Speeial Conditions:
H. Special Conditions added t,o the permit:
1 - - The permittee shall maintain a 100-foot buffer zone along thecororado River and a SO-foot buffer zone at arr other waters ofthe u.s. or wetland sites not authorized for impact by thisDepartment of Army permit.
2. Prior to cornmencing gravel pit activities at the project siteand- to .mitigate for the ross of 4.3 acres of emergentTpaiustrinewetlands and 0.5 acres of riverine waters, the peimittle shal-lpurchase 4.3 acres of emergent/palustrine wetl-and and 0.5 acre offorested wetrand mitigation bank credits at the spring waterRanch, LLC as proposed in your Northbank wetrand ilitilation siteoptions-Einal Eval-uation document, dated 2G February iool.
3. The permittee qharr compry with the signed Recovery planAgreement (enclosed) developed and provided by the u.S. Fish andwil-drife Service (service) oatea Maich 14, 20-07, regaroin!activities rerated to the depretion of 233 acre-fee[ to tiecolorado River and endangered fish and their habitat.Addition?Ily, the permlttee shal1 compry with the concurrence ofthe service's opinion (also enclosed)-regarding volunteered andactivity limitation measures by the applicant io avoid impacts tothe bard eagle and its nest siLe at the Mamm creek sand airdGravel operation.
4 - The permittee shal-l install crearly regibre signage at theupstream side of the conveyor structure wainlng re6reitionalfloating/boating traffic of row passage elevatior" .r,J ;;t otherapplicable cautions or warnings to the pubric, at each ehlnnercrossing of the Colorado River.
5. The permittee shall remove the sand and gravel conveyorstructure crossing the coLorado River upon c6mpletion of theNorthbank graver operations. The life expectancy of the pit isapproximatery 9-years. The conveyor ana itt appurtenantfoundational components (randings] moorings, tower supports,counterweights, etc. ) shaLl be dismantled-and the coni^tructioncorridor restored within 120-days of Northbank pit operationcessation.
Further Infomat,i.on:
1 - - congresslonal Authorities: you have been authorized toundertake the act.ivity described above pursuint. to:
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( ) Section 10 of E.he Rivers and Harbore Act of 1899 (33u.s.c. 403).
(x) Section 4o4 of the C1ean Water Act (33 U.S.C. L344) .
( ) Section 103 of the Marine Protection, Research andSancEuaries Act of ]-972 (33 U.S.C. 1413).
2. Limits of this aut,horization.
a. This permiE doeg not obviate Ehe need to obtain otherFederal, state, or IocaI authorizations required by 1aw.
b. This permit does not grant any property rights orexclusive privilegea.
9. This permit does not authorize any injury to Ehe propertyor right.s of others.
d. This permiE does not auE.horize interference with anyexisting or proposed Federal projects.
3. Limits of Federal Liability. fn issuing this permit, theFederal GovernmenE does noE assume any liabiliE.y for t.hefollowing:
a. Damages to the permitted projecL or uses thereof as aresult, of oEher permitted or unpermitted activities or fromnatural causes.
b. Damages t,o E,he permitted project or uses thereof as aresult of current or future activiEieg undertaken by or on behalfof the United States in the public interest.
c.. Damages_to persons, property, or to other permitted orunpermitted activities or structures caused by the activityaut.horized by this permit.d. Design or construction deficiencies associaEed with thepermitted work.
e. Damage claims associated with any future modification,euspension, or revocation of this permit.
4. Reliance on ApplicanE's Data. The deEermination of thisoffice that iseuance of, this permit is not contrary to the publicinterest was made in reriance on the information yL.. pro.,.id;d.
5. Reevaruation of permit Decision. This office may reevaluateits decision on this permit at any Eime the circumstinceswarrant.
circumstances that could require a reevaluation include, butare not limited to, the following:
a. You fail to comply with the terms and. conditione of thispermit.
b. The information provided by youapplication proves to have been false,(see 4 above) .
in support of your permit.
incomplete, or inaccurate
permittee, indicates that you accept and.terms and condiEions of this permil.
rilrtlJ_ c- significant new information surfaces which this officedid noE consider in reaching uhe original public interestdeeision.
Such a reevaluation may result in a determination that it isapproprj-ate to use the suspension, modification, and revocat.ionprocedures contained in 33 cFR 325.7 or enforcemenE proceduressuch as those cont,ained in 33 CFR 326.4 and 325.5.
The referenced enforcement procedures provide for the issuance ofan administrative order reguiring you comply wi-th the terms andconditions of.your permit ind foi Lrre initiirion of legai ictionwhere ap.propriate. you will be required t.o pay for an|corrective measures ordered by thi; office, in& if you'fair toqomply with such directive, tLis office may in certiin siiuacions(such as those specified in 33 cFR 209.170i accomprish thecorrective measures by contracE, or otherwise and Litt you for thecost.
6. Extensions. General Condition I eatablishes a time limit forthe completion of the activit.y authorized by this permit.- unteesthere are cireumstances requiiing either " irompt Lompletion ofthe aut.horized acEivity or a reevaluation oi th-e public inierestdecision, the corps will normally give favorabre -consideration toa request, for an extension of this t,ime limit.
Your signature
Lo comp
, below, asy with Ehe
6
This permit becomes effective when thedesignated to act for the Secretary of
beIow.
FederaL official,
E.he Army, has signed
fssued for andstrict in behalf of Colonel Thomas C. Chapman,Engineer
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Ken J €f,Co Gunnison Bas Regu Eory Otoars)a/-bs-\8
I,Yhen the sEructures or work authorized by this permit, are stillin existence at the t,ime the property is transf-erred,, the termsand conditions of this permit will continue to be binding on thenew owner(s) of Ehe property.
To valid.ate the transfer of this permit and t.he associat,edliabilities associaEed with compliance wit,h its terms and.condiE,ions, have the transferee sign and date be1ow.
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STATE OF COLORADO
Bill Ritt€r, Jr.. Governor
James B. Mariin, Executive Oireclor
Dedicared lo protecling and improving the hea[h and environrnenl of ihe;]eople o, cotorado
4300 Che(ry Creek Dr. S. Labordtory Services Division
Denver. Colorado 80245.1530 8100 Lowry Btvd.
Phone (303) 692-2000
TDD Line (303) 691-7700
Localed in Glsndale, Colorado
htto://www.cdphe.slate.co.us
Oenver. Colorado 80230-6928
(303) 692-3090 Co,lorado Department
of Public Heakh
and Environmcnt
April3, 2007
Ivleg McNulty
LaFarge North Arnerica Inc.
10170 Church Ranch V/ay, Suite 200
Westminster, Colorado 8002 I
Re: Section 401 Water Quality Certification
Colorado 401 Certification No.: 4l 65
US Corps of Engineers 404 Permit No.: 200175036
Description: Expansion of sand and gravel operations.
Location: Section 12, Township 6 South. Range 93 lVest in Garfield County,
Colorado.
lVatercourse: Colorado River, Lower Colorado Rir.er Basin, Segment COLCLC0I of
Lorver Colorado fuver Sub-basin
Designation: Reviewable
Dear Ms. McNulty:
The Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division (Division) has completed its review of the subject Clean Water Act (CWA) Section 404
Permit Application, and our prelirninary detennination rvith the issuance of the State of Colorado
40I Certification Public Notice (5 CCR 1002-82.5(B). An antidegradation review has also been
completed pursuant to Regulation No. 31, Basic Standards and Methodologies for Surface Water
(5 CCR 1002'31). The Division's review concluded that only temporary impacts to water
quality should occur as a result of this project.
This letter shall serve as ofliciat notification that the Division is issuing .,Regular
Certification" in accordance ryith 5 CCR 1002-S2.5(AXZ).
The 401 Certifrcation issued by the Division pursuant to 5 CCR 1002-82.3(C) shall apply ro both
the construction and operation of the project for which a Gderal license or permit is riquirea, ana
shall apply to the water quality impacts associated with the project. This cirtification does not
constitute a relinquishment of the Division's authority as defined in the Colorado Water eualityControl Act, tror does it fulfill or waive any other local, state, or federal regulations.
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Norrh Bank Resouroes Pit
GL 819.r
SPCC PIm
dsEsEsE
^& ruort+r AMERTcA
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sP[L PREVENTION, CONTROL AND COL]NTERMEASURE
(SPCC) PLAN
LAFARGE WEST, rNC.
North Bank Resources Pit
-2 miles east ofRifle on Highway 6
Rifle, CO 81650
Original Date of Facility's Plan: 3116/2007
Date of Last Plan Amendment / P.E. Certification: March 21,2007
Date of Last Plan Review: March 2I,2007
Designated perso4vesponsible for spill prevention: Mike Prehm. Facilitv Manager
EMERGENCY TELEPHONE NT]MBERS :
(Immediate emergency, use and dial911)
Notification Contacts:
1. Facility Manager, Mike Prehm
2. Meghan McNulty, Environmental Director
3. Steve Compton. Resource Management Coordinator
4. Steve Wood, VP/GM, Western Slope
Governmsnt Agencies:
o Rifle Fire Deparbnent
o State of Colorado Dept. of Health & Environment
r National Response Center
o Garfield County LEPC
r Rifle Public Works Dept. (Watershed)
o Rifle Water Supervisor
. Rifle Utility director
. Rifle City Manager
(Further spill response items on oase 2)
970-379-s849
303-657-4148
303-6s74330
970-704-4800
911
I -877-s 1 8-5608 (toll-free)
7-800424-8842
970-94s-8020
970-625-6223
970-625-2841
970-625-6272
970-62s-6236
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North Bank Resources Pit
GL 819-1
SFCC Plan
Reportable Quantities :
Any spill or overfill of petroleum products to the environment is reportable to the Lafarge
Environmental Division ifl
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Quantities are unknown, and./or
The release is equal to or greater than 25 gallons, unless you can conclusively
show the release was less than the reportable quantity, and/or
The release, in any amount, reaches or threatens to reach surface water,
groundwater, dry gullies, or storm sewers, aurtdlor
The release is a hazardous substance that exceeds I gallon, and/or
The release is less than 25 gallons, but cannot be cleaned-up within 24 hours.
In the event of a spill of petroleum products:
o Enact Lafarge Crisis Management Plan, if appropriatee Shut offsupply, stop leak (if possible)o Shut offignition sourceso Contain spill and/or dike ahead of spillr Call your supervisor and/or Lafarge Environmental Departmento Protect adjacent people, property, surface waters, and equipment from contact
with spill
r Follow MSDS for clean-up guidance
o Do not smokeo Do not risk personal injuryo Do not wash down spill with watero Do not try to hide spill
Should a maior release occur. use Lafarge Crisis Manasement Plan and have the
followins information availflble (See Attachment D):r Your name and phone number:o Date and time:o Site name, phone number, and address:o Description of release:
o Material discharged
o Estimate quantity dischargedo Causeand source ofdischargeo Affected media
o Any damages or injwies
Emergency response actions taken:
o Actions to stop, remove, or mitigate dischargeo Names of individuals and organizations contacted
Person responsible for spill prevention:
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ST{TE OF COLOMDO
Bill Owens, Govemor
Dennis E. Ellis, Executive Direclor
Dedicated to protecting and improving the health and environment of the people of Colorado
4300 Cherry Creek Dr. S. Laboratory Services Division
Denver, Colorado 80246-1530 8'100 Lowry Blvd.
Phone (303) 692-2000 Denver, Colorado 80230-6928
TDD Line (303) 691-7700 (303) 692-3090
Located in Glendale, Colorado
http//www.cdphe.slate.co.us
October 4,2006
Steve Wood, Vp Mountains
Lafarge West Inc
10170 Church Ranch Way Ste. 200
Westminster, CO 80021
RE: Certification, Colorado Wastewater Discharge Permit System
Permit No., COG-0500000, Facility Number: COG-0500482
Regional Council of Govemment
Garfield Counfy, Local County Health Deparknent
Mark Kadnuck, D-E., Tecbnical Services Unit, WQCD
Permit File
Permit Fees
fih
Colorado Department
of PublicHealth
andEnvironment
Dear Mr. Wood:
Enclosed please find a copy of your certification, which was issued under the Colorado Water Quality Control
Act. You-are legatly obligated to comply with atl terms and conditions of the permit and certifications.
Please read the permit and the certification; if you have any questions contact me at (303) 692-3590-
Sincerely,
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Debbie Jessop, Administrative Assistant
Water Quality Protection Section
WATER QUALITY CONTROL DIVISION
Enclosure
cert
Pennit No. COG-500000
"";;'#l;i"'i:,:"r';f ;
,ERTIFICATION
Pase t
A WHONZATION TO DISCHA RGE {.INDER THE
CDPS INDUSTNAL GENERAL PERMIT
FOR SAND AND GMVEL MINTNG AND PROCESSNG GENEML PERMIT
Category 07, Sub-category I - General Pennits, Sand and Gravel - Process Water & Stormwater, Annual Fee = $193.00
SIC Code 1442, Sand and gravel mining, washing, cnuhing screetting and stockpiling
This permil specifically authorizes, LaFarge West Inc
Steve llood, VP Mountains
I 0 I 70 Church Ranch Way, Suite 200
llestminster, CO 80021
3 03-65 74 3 3 0 FAX 303-6 5 7-403 7
with thefaciliry contact of: Steve Compton, Resource Management Coordinator
same
to discharge from facilities identified as the NORTH BANK PIT - RIFLE CO, located at Lat: 39D 32' 37.88" Long: -l07D 43' i 1.06', Garfield
County as shotvn infigure I of the permit, from Discharge Point(s) identified as 001-002, as shown infgure 2 of thepermit andfurTher identified and
descibed in this table.
Discharge
Point D escription and treatmenl Estimated
Flow Rate
001
002
Mine dewateing to settling trench and from there to an un-named tributary of the
Colorado River.
Mine dewatering to settling lrench andfrom there to an un-named ffibutary of the
Colorado River.
Avg. :0.4 MGD
Avg.:0.4 MGD
The discharges fron Outfalb 1|tand a02 are to Segment 4a of the Lower Coloratlo River Sub-basin, found in the Classificgtions and Numeric
Standards.for,LowerColoradoRiver,Regulation37(5CCR1002-37);lastupdateel|ective3/2/06.Thissegmenthasbeenclassifiedforthefotlowing
uses: Aquatic Lde Cotd 2;Recreation 2;Water Supply and Agriculture
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Salinity (TDS) monitoing of the discharge will be required.
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Phosphorus monitoing of the discharge will not be required-
Antidegradation review does not opply because no parameters limited by water quality standards other thanpH are expected.
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At the time of application, the permittee certified that they had developed and implemented a Stormwater Managernent Plan (SWMP)for thisfacility. i
StevelYoodsignedthiscertificationong/2t/06. Asaconditionofthispermit,acoryoftheslY'MPmustbeprovidedtotheDivisionuponrequest.
.
The permittee is encouraged to read the general rationalefor an understanding o{how this permit was developed and read the permit to see what ,
requirementshavechangedsincethelastrenewal.Inthepermit,eflluentlimitationsarespecifiedinPartsI.B,andI.Candrnonitoring/reporting
requirementsarespecifiedinPartI.D;specialnotificationrequirementsforeffluentviolationsareaddressedinPartII.A.
Allcorrespondencerelativetothisfacilityshouldreferencethespecifcfacilitynumber,CoG-500482'9/29/2006
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This facility permit contains 26 pages. '
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CoNrnact to Btryervo SerL\Weuan-os Ber.rnrqc
MrtrcetroN Cneorts
This Contract to Buy and Sell Wedands Banking lvlitigation Credits ("Contract")
is eatered into by the undersigned partics oo this
July ett', 2007
Rncrters
A. The U.S. Army Corps of Engineers, U.S. Environmental Protection
Agency, and U.S. Fish and Wrldlife Service (collecrively, "Regulatory Agcncies,,) have
adopted a methodology for the establishment and operarion of wetlarrd mitigation
banks, which methodology is set forth in tlne Fcderal Gtidance for tbe Establithnml, {Jsc
azd Operation oJMitigation BeaA4 60 Fed. P'tg. 58605 (l,{ou 25, 19gi) (..Federal
Guidance") aod provides for the authorized use of wetland mitigation banks for
compensatory mitigation of impacts to waters of the United States and other
environmental ;mpacts as authorized.
B. The Federal Guidance provides for the authorized use of rnitigation
banks as a mitigation alternative by the general publ-ic, and for the ceruficarion of
wetland mitigation ba-oks owned by privately-held entities.
C. Springwater Ranch, LLC, t Colorado limited liability company(..Seller,,)
has received approval of the Springwarer wetlaod Mirigation Bank(granted in thzt
certain Bankrng Instrument for Springwater Ranch, LLC issued by thc Army Corps of
Engiaeers on March 31,2005) in accordance with the Federal Guidance.
D. Lafarge West, fnc- ('Lafarge" or'Buyer") submitted a permit request
through an apptcation for a Section 404 permit to the Army Corps of Engin..r. lo.
planred mitigation associated with their operations in Garfield counry between the
muo-icipalities of Silt and Rifle, colorado. Lafarge anticipates approval of tle plan by
the Regulatory Agencies ra September of 2007. under this project all activities
associated with the proposed development of the site were auttrorized uoder a wetland
permit Permit Number 200'175036.
E. Buyer desires to purchase and Seller desires to sell the Credits (as
defioed below) in accordance v.dth the terms aod conditioas of this contract.
AGREEMEI{T
NOW, THEREFORE, for good aod valuable considcraLion, the receipt and
suf{iciency ofwhich are heieby acknowledged, ttre parties hereto agree as follorvs:
7. Parties and Credits. Buyer agrees to buy, and Seller agrees to sell, oo the
terrns and conditions set forth in this contract, the followiog describcd credits: No
less than 4.8 ac credits (i.e., 209,088 sq. ft ctedit) being located io springwater
Ranch Wetlaod Mitigation Bank (the "Credits").
Page I of5
2. Residual Estate: No Forfeirure. Except for the Credits to be transferted
Pulsuant to this Contract, and the associated right to impact other real propexry in
exchange for the acquisition of the Credits, all interests, rights and respoosibiiities of
ownership of the undedying real property associated with the Credits shall remain in
Seller. Nothing contained he rein will result in a forfeirure or reversion of Seller's ritle
to the underlying tea-l property associated with the Credits.
3. Purchase Price & Terms.
a. Ptrchase Price. The purchase price of the Credits ("Purchase
Pdce") shall be $80,000 per acre payable in U.S. dollats by Buyer as follows:
i. Depotit. In the Amount of 20 percent of total purchase
price $76,800.00 to serve as a deposit paid within ten (10) days of contract execution.
ii. Cath at Clotitg. Ia the amount of $307,200.00 for a total
cost of $384,000.00 except as otherwise set forth in Section 3(b) hereof.
b. Release Jrom cofitract.
i. In the event that Buyer does not receive approvai ofits
petrnit modification request submitte d to the Army Cotps of Engineers AND a signed
Special Use Permit from Garfield County to mine the properry described on Exhibit A
hereto ("North Bank Properry") that are acceptable to Lzf.arge, the Buyer sha1l notify
the Seller and the Parties shall delivet a wrirten request to the Seller to release Buyer
from the contract. This Contractwill then be deemed terminated, andall payments
made putsuant to this Contract will be promptly refunded to Lafatge within ten (10)
days.
ii. I{, as part of the Mitigatioa PIan, the Corps approves a
comPensatory ratio of 2:7 or lower (2 acres of mitigation for every on. r.r.tf impact)
or lowet, then Buyer must close as prescribed hereil.
iji. If, as part of the Mitigation Plan, the Corps approyes a
comPensatoty ratio higher than 2.01 7, the Buyer rrray, ^t Buyet's discretion, notify the
Seller and the Patties shall delivet a vztitten request to terminate the contract.
4. Sellet's Reptesentatigns, Waranties and Covenants. Seller hereby
repteserrrs and warrants to, and covenants vrith, Buyer as follows:
^. The Ctedits are free and cle ar of al1 liens and encumbraaces.
b. Seller is the sole owrrer of the Credits aod has ful1 authoriry to
transfer the Credits pursuant to the terms and conditions of this Contract.
c' Seller has full authority from the Army Corps of Engineers to sell
the Credits, such authority having been gtanted in that certain Banking Instrument
("Banking Instrumeat") for Springwater Ranch wetland Mitigation Bank ("Bank")
authorized by the Army Corps of Engioeers on March 31, 2OO5 and in accordance with
the Federal Guidance.
Poge 2 of 5
d. The Bank was establishcd, and has been and shall be operared
and maintaincd, io full compliance rrith the Banking Instrumenr, the Federal Guidance,
and all other applicable requkernents of Federal anJ State 1aw.
The foregoing representations, wartanties, and covenants shall survive the
Closing.
5. Buyer's Representations. \ffarianties aod Covenents- Buyer hereby
represents aod warraats to, aod covetrants with, Seller as follows:
a. Buyer aaticipates authorization on a mitigation request for
compliaace with a secrioa 404 perrnit to the Army corps of En'gioeer. AND ,igrred
Special Use Permit issued from Garfreld County accep;ble to [rf^rgr.
b. Buyer has full corporate authority to purchase the Cred.its
pursuant to the telms and conditjons of this Cootract.
c. As of the date hereoi Buyer has sufficient funds for the paymento[ the Purchase Price uq.ol Bgfer'1 receipt of approval from the Army Corps ofEogiaeers for Buyer's Mitigation plan.
Thc foregoing representations, warranties and covenants shall survive theClosing.
6. Closing & Deliveries at Closing.
Chting. Subiect to Section 3 above, the closing of the transactions contemplated herein("c-losing") shall take place on or before November 1,2007 (the -closingDate,,) at12:00 pm pendiog timely issuance of items referenced io Section 5a. ThJClosing shall
take p_lace througb electronic traosfer of funds for a fully executed Irrevocable
certiEcate of Mitigation ia a form acceptable to the Regulatory Agencies for the
PurPoses contemplated by this Contract. Buyer shall .rur. to hoo-" deiivered to Sellerthe full Purchase Price yia rrire trarsfer to Spring Water, c/o:
Alpine Bank
2424 F Rd
Grand Junction, CO 81505
Phone: (970) 243-5200
Spriog Water Ranch, LLC
Acct #7730005800
Routing # 102103407
a' The Irrevocable Certificate of Mitigation shall be delivered toLzfxge, c/o Meghan McDonald-Director of Environm-ent, 10170 church Ranchway, Suite 200, lTestminster, co 80021, within one business d.ay a,ftertransfereocc of
'emaining fuads to springwater Ranch's Account whichever is first via an overnight
delivery service.
Page j of5
b. Deliverir at Cloirgl Con*yanu of Acre Credit. lJpon Ciosing,
subiect to tender of payment of all moneys as set forth ia section 3 above and'
compliance by Buyer with the other terms and provisions hereof, Seller shall execute
and deliver (aod shall cause rhe Army corps of Engioeers to execute and deliver) a
good aod sufficient Irrevocable certiftcate of compensatory lvlitigation (in
substantialiy the form attached hercto as Exhibit 1 - hereinafter..certificate,,) to Buyer
conveyiag the Credits free and clear of ail ljeos and encumbrances. If the Army Corps
of Engineers does nor execure the certificate by the closing Date, Buyer may, at its -
option, deliver written notice to SeIIer electing to terminate the cootract.
7- Termination. This Contract shall be termiaated im,coediately upon
receipt by Seller of wriften ootice from Buver that the Army Corps of Eogrneers hasde'ied Buyer's request for 404 Permit -od1fi""tioo to economjcally mine the "North
Baok Property" oR Garfield County has aot signed a speciai use permit to mine the
property described on Exhibit A hereto ("Norrh Bank property") that are acceptable to
Lafarge.
8' Assignabiliry. Prior to the Closiog, this Contracr shall not be assignable
by Buyer without Seller's prior written consent (which consent sha1] not be
unreasonably withheld). Except as so restricted, this Contract shall inure to the benefit
ofand be binding upon the heirs, personel representatives, successors and assigns of
the parries.
9- Further Assurances. Buyer and Seller will do all such acts aod willfunish to each other documents, govero.mcntal consent or corporate approval, and will
do, or cause to be dooe all such other things, as may be reasonably rr.....""y from ti:ae
to time, in order to give full effect to this Contract.
10. Time of Essence/Remedies. Time is of the essence hereof. If aoy note
or check received hereunder or any other payrneflt due hereundet is not pard, honored
or tendered when due, ot if zny other obligation hereundet is not performed ot waived
as hereia provided, there shall be the following remedies:
canceled.
a. If Buyer is in Default: Seller may elect ro treat this Contracr as
1 1 . Miscellaneous.
Page 4 of5
b' If Seller is in Default: Buyer may erect to treat this contract as
canceled, in q'hich case all payments and things ofvalue received hereunder shall beret.rned to Buyer, and Buyer may recover such damages as may be proper, or Buyer
may elect to treat this Contract as beiag in full force and effeci and Buyer shall have
thc right to specific performance.
c. Costs and Expenses. Anything to the contrary hercin
notsrithstandiog, in the evcnt ofany arbitrarion or litigation arising out of this
Cootract, the arbitrator or cour! shdl award to the prevaili"g p^try all reasonable costs
and expenses, including artorneys' fees.
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DISTzuCT COURT, WATER DIV. 5, COLORADO
Court Address: Carfield County Courthouse
109 Eighth Street, Suite 104
Glenwood SPrings' CO 81601
Telephone No. (970) 945-5075
Facsimile No. (970) 945-8756
COURT USE ONLY
COttCenxlNG THE APPLICATION FOR WATER
RIGHTS OF:
LAFARGE WEST,INC., a Delaware Corporation,
and
NORTH BANK HOLDINGS, LLC, a Colorado Limited
Liability Company
IN GARFIELD COLNTY
Attorneys for Co-Applicant Lafarge West, Inc.:
David H. McConaughy, # 26165
Nicole D. Garrimone, # 32088
Garfield & Hecht, P.C.
420 Seventh Street, Suite 100
Glenwood Springs, CO 81601
Telephone: (970) 947 -1936
Facsimile: (970) 947 -1937
E-mail: nqarrintonefDsarfieldhecht.cont
Attorneysfor Co-Applicant North Bank Holdings, LLC:
Scott M. Balcomb, #1376
Balcomb & Green, P.C.
818 Colorado Avenue
P.O. Drawer 790
Glenwood Springs, CO 81602
Telephone: (97 0) 945-6546
Facsimile: (97 0) 945 -8902
E-mail: scott@balcombggen.cQl[
Case Number: 06CW20
Div.:Ctrm.:
RULING OF THE RE,FEREE AND
JUDGMENT AND DECREE OF THE WATER COURT
[]l;l l,[]l) I)octtntcnt
('() (inrlicld (iourrtl l)istrirt ( orrrt t)lh 'll)
Filing l)ttc: l)cc l(l ?007 9:3-l'\1t trlS l
l;iling Il): l75ttt)ti79
Itelitu' ('lcrk: J crn inc I lorslev-
Disfrid eoui. Wlls Div. 5. Colondo
Cssc Xo. (|6CW2O; Applicalion of L:frrgr Wc$, lnc.. a 4L
Ruling of Dc Rcfrrcc and Judgrncnt lrd Dccrce of lhc tyalr Coun
PrSc 20 oF?0
Ir is ORDERED thar this Ruling shall be filcd with thc Water Clerk subject to judicial
rcvicw.
It is turther oRDERED rhat this Ruling shall bc filed with the appropriate Division
Enginccr and Statc Enginecr
Daredthis ?A*orOc)obf,zoot.
No protesl was filed ro this Ruting of the Referec. Thc foregoing Ruling is confirmed
and approvcd and is made the Judgrncnt and Dccree of this Court'
If the Applicanrs desirE lo maintain thc conditional watcr rights confirmcd hercin, they
shall lilc o ""riti.rJ application for fmding of reasonable diligcncc regarding dcvclopmcnt of
thosc rights during tlrc'rnont\ of OfC., ).zrl , 2013 unlcss a detemrination has been
nrade bi this Court prior to rhar d;i[m;Gtrcon.litional righls have hecn inade absolutc by
reason ;fthc cornpleiion ofthe appropriations or anc otherwisc disposed of'
Dated this Qr*A ary ot
E.FILED
Water Rcl'cree, Water Division 5
Walcr Judgc, Water Division 5
06Cur20.Ruli^8. dd
0si04/2007 13:t7 F,qx 9?02456933 USFI,[S GRAND JUHDTlON CO a 00s,J010
RECOVERY AGREEMENT
This REco\ERy aGREEMErrrr is enrered into tnis fduv or j04{1ja-, ? o.L}? ' br
and berwcen the Unitod States Fish and Wildlife S€nicelssTeice) andLararge North Americq
lncorporatod (Water User).
WIIEREAS, itr 1988, the Secretary of Intarior, the Governors of Wyoming, Colorado ald Utah'
and the Adminiskator of the westem Area Power Administration signed a cooperative
Agreenuent to implerncnt Ge Recovory Irnplementation Program for Endangered Fish Species in
A! Upp"r Colorado fuver Basin (Recovery Program); and
WHEREAS, the Recovezy Program is intended to recover the endangoe'd flsh yhl? providing
for weter developmeat in the U-ppet Basin to ploceed in compliance wifh state 1aw' interst&te
compacts and the Endangered Species Act; and
WHEREAS. the Colorado Water Congress has passed a resolution supporting the Recovery
Program; and
pHEREAS, oa Decernber 20, 1999, the Service issued a programmatic biological oprnion (1999
qei"ion) ooncluding that impi",mentation of rpecified-elgments of the Recovery Action Plan
61u*,r.ny Eleme,nti), atong wittr existing and-a spectfied smount of ncw depietions' 6xe rlot
likely to jeopardizu ihu ooo:tinoea existerice of the endangered fish 61 sflversely modify their
critical habitat in the Colorado RivEr subbasin withrn Coiorado, exolusive of the Gunnison River
subbasir:; and
WI{EREAS, the 1999 Opinion in the section entitled "Reirutiation Notico' divided depletions
into Category I or Categbry 2 fotteinitiatioo purposes; and
WHEREAS, Water User is the: owner/operator of Mamm Pit Gravel Operation.(Water Project),
;hi"h;;"! o.*iu cause dopletions to the Colorado River subbasin within Colorado, exclusive
of tbe Gurrnison River subbasin; and
WIIEREAS, Water User desires certainty that its depletions can occtu consistent with section 7
and section 9 of the Endangered Species Act (ESA); and I
WHEREAS, the Service desires a cornmitment frorn Watsr UseI to the Recover,v Program so
that the Program can actually be implemented to recover the endangered fisii and to carry out tho
Recovery ElEments.
03/44/2001 l3 : '17 FAX S?02456S39 USFI.'S GB.qND JUNCTION CO a 00s/0 1 0
.NOW THEREFORE, WaterUser and the Service agree. as followsr:
1, The Seryice agrees that implementation of the Recovcry Elements specified in the
1999 Opif,ioa will avoid the likelihood ofjeopardy and adverse modification under section 7 of
the ESA, for depletion impacts caused by Water Useds Water Project, Any eonsultations under
sootion 7 reg;arding Weter Project's depletions are to be governed by the provisions of the 1999
Opinion. The Senrice agrces thal oreept as provided in the 1999 Opirior,, no othEr mtrasure or
action shall be required or imposed on Water Project to comply wiih section 7 or section 9 of the
ESA with regard to Water Project's depletion impacts or otirer impacts covercd by the 1999
Opinion. Water User is entitled to rely on this Agreemeot in making the cornmitment described
in paragraph 2,
2- Waler User agrees not to take any action which wouid probably prevent the
implerrrentation of the Rocovery ElernEnts. To the extent impleanonting the Recovery Elements
req-uires aofiye cooperation by Water User, Water User agrees to take reasonable agrions required
to impiement those Recovery Elernonts. Water User will not be required to take any action that
would violate its decrees ot the statutory authorization for Water Projecg or any applicable limits
orr Water IJser's legal authority. Water User will not be preoluded from turdertaking good faith
negotiations ovor terms and conditions applicable to implanentation of the Recovery Uements.
3- If the Senrice believes that Water User has violated paragraph 2 of this Recovery
Agrec.l:rent the Sewice shall notifyboth Water User and the Management Commitree of the
Recovety Program. Water User and the Managernent Committee shau have a reasonable
opporhtnify to comment to the Servioe regarding the existence of a violatioo and to recommend
rennedies, if appropriate. The Servioe will consider ihe comments of Water User and the
comments and recommendations of the Managernent Cornmittee, but retains the authoriry to
determine the existence of a vioiatioa. If the Ssrvioe reasonably dstermines that a violation has
occurred and u'ill not be rernedied by Water llscr deqpite an opportunity to do so, the Service
mayrequost reinitiation of consultatiou on Water Pmject without reinitiating other- consuitations
as wouid othe,t'rvise be required by the "ReinitiationNotice' section of the tOOl Opinion. Io that
!r*! the Water Project's depletions would be exciuded ftom the depletions *r"i"d by 1999opinion and the protection provided by the Inoiderrtal rake Statffneut.
4. Nothing in this Recovery Agreement shall be deerned to affecl the authorized
plr{poses of water user's water Project or ?be Service, statutory authority.
5. The signing of this Recovery Agreement does not conytitute any admission by water
t]sel reealdjng the application of the ESA to the depletions of Water Useis Water project, The
signing of this Recovery Agreement does not constitute any agregrnent by either parry as to
whether the flow recommendations for the l5-mile reach described in tiri tgpg opinion are
biologically or hydrologicaily necessary to recovff the endangered fish.
ltndir.idual Recovery Agreement maybe changed to fit specific circumstances-
0$/04/2007 13:18 FAN s702456933
estem Colorado Suporvisor
U.S. Fish and Wildlife Service
(ES/CJ-6-CO-99-F 033{P08 l.l0ucgcr)
USFt!S GRAI.]D JUNCTION CO @oto/oro
qh
6. This Recovery Agreerneat shall be in effect undl one of the following_oc.rffs.
a The Serrrice rertoves the iisted species in the Upper Colorado River Basin from the
endangered or threatstred spocies list and determines lhat the Recovery Eiements are no
Ionger needed to prevent the species from being relisted under the ESA; or
b. The Service detentrines that the Recovery Elements are no longer needed to recover or
offset the likelihood ofjeopardy to the listed species in the Upp.r Colorado River Basin;
or
c. The Service declares that the endangered fish in the Upper Colorado River Basin are
extinct; or
d. Federal legislation is passed or federal regutatory aotion is take,r that negates the need
for for eliminates] the Recovery Program.
7. Water Usermay witbdraw from this Recovery Agreerrant rryon wriuen notice to the
Seryice. If Water User withdraws, the Seryice may request reinitiation of consultation ou Water
Project witiiout reinitiating other consultations as would otherwise be required by the
"Reinitiation Notice" section of the 1999 Opinion.
e**3- t'l al
Date
Date
n'4 ^-1J'f't/T
STATE OF COLOIUDO
DIVISION OF RECTAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 802o3
Phone: (303) 866-3567
FAX: (303) 832€106
Permit Number:
Type of Permit:
Permit Date:
MINING AND RECLAL{AIION PERMIT
CONSTRUCTION MATERIAL MINING OPERATIONS
M-2006018
ll2c
November 14,2006
(Anniversary date for
annual report and fees
purposes)
cotoRADo
D]VlSION OI
RECLAMArIONMINING
-&-SAFETY
Bilt Owens
Covernor
Russell Ceorge
Executive Director
Ronald W. Cauany
Division Director
NatuEI Reurce Tn5tee
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THIS PERMIT is issued by the Mined Land Reclamation Board, Department of Natmal Resources, State of
Colorado.
RECITALS
A, The Pernittee, Lafarge West, Inc. desires to conduct a mining operation known as North Bank
Resowces, for the purpose of extacting Sand and gravel. Unless this permit is modified or a separate permit is issued to
covEr the mining and/or recovery of other minerals or extactive products, the Pennittee will not mine or rccoYer any
other commodities at this site.
B. On October 3, 2006 the Mined Land Reclamation Board (the "Board") approved the Permittee's
application for this penniq fixed the amount of the flnancial warrarrty and directed that this permit be issued upon the
filing with the Dvision of Reclamatiorl Mining and Safety (the "Division") of performance warranty and financial
warranty (or warranties) in the amount so fixed in form and substance approved by the Division. Said warranties have
been filed with the Division.
C. If the Permittee desires to extract materials other than those listed in (A), a separate permit or a penrrit
modifi cation may be required.
D. On October 3,2006 theBoardmade the following findinp:
1. The application for this permit complies with the requiranents of the Colorado Mined Land
Reclamation Act for the Extaction of Constniction Materials, C.R.S. 34-32.5-10l et seq., as amended, and with all
applicable local, state and federal laws;
2. The operafion will not adversely affect the stability of any sigrrificant valuable, and permanent
man-made structure located within two hmdrrd feet of the Affected Land, except where there is an agreement between
the Operator and the persons having an interest in the structure that damage to the structure is to be compensated for by
the Penrdttee or if zuch an agreement cannot be reached an engineering analysis establishes no damage will occur to the
sEucture to the satisfaction ofthe Division; and;
Office of
Mined Land Reclamation
Oflice of
Active and lnactive Mines
-2-
3. The proposed mining and reclamation operations can be carried out in conformance with the
requirements ofthe Act, and the Construction Material Rules and Regulations.
E. The Permittee has made a showing satisfactory to the Board: 1) that it will employ, during and after its
underground mining and/or surface operations, procedures desigrred to minimize enyironmental disturbance from such
operation; 2) that it will provide for reclamation of the Affected Lands appropriate to the subsequent beneficial use of
zuch lands; and 3) ttrat, in the event of the failure of its proposed reclamation plan, it will take whatever measures maybe
necessar5r to assure the success ofreclamation of the lands affected by zuch operations in accordance with the Act.
F. A copy of the Permittee's application, as amended and supplemented, has been approved by the Board
and is, by this reference, incorporated herein.
G. The issuance of this permit does not relieve the Permittee from having to comply with all applicable
Federal, State and County statutes, including State water law.
GRANTS. CONDITIONS AND AGREEMENTS .
:
The Board, in reliance r:pon the represortations and promises made in the permit application, as amended and .
supplemented, and the performance warranty, hereby issues a life of the mine permit to the Perrnittee, to engage in the
I
operations described in the application on certain lands lying in the County of Garfield, State of Colorado. These lands I
are descn"bed in the permit application, as amended and supplemented and are referred to herein as the "Affected Lands".
)
This permit is issued subject to the following conditions and agreemerrts: a
l) The Permittee will be bound by all applicable requiranents of the Act, and all applicable ruies and i
regulations of the Board, as amcnded from time to time, the terms of the permit application, the terms of the performance
2) The Pernrittee will file with the Division its annual report and fees on each anniversary date of this lpermit.
:
:3) If analyses of the mining and reclamation operation and the data collected through monitoring and :
experimentation by the Permittee or monitoring by the Division indicate that the operation will not be able to comply
with the requiremants of the Act and applicable rules and regulations of the Board, the Permittee hereby agrees to ;
exercise its best efforts, after consulting with the Dvision, to modify the pians to corect such deficiencies in the futr.re.
4) The Board, or its authorized representative may enter upon the lands of the permitted operation at all ,
reasonable times for the pupose of inspection to determine whether the provisions of the Ac! Rules and Regulations, and
permit have been corrylied with pursuant to C,R.S. 3+325-121.
i
:5) This permit may be revoked or suspended for non+ompliance with the Act or applicable rules or
l
regulations promulgated by the Board, the permit, or by violation of a Board Order
..
6) 4 Prnsuant to 34-32.5-118(5) of the Ac! the Board has a right of enhy to reclaim the lands i
affectedby the operation, or to respond to an emergency as definedby C.R.S. 34-32.5-l2lQ).
-3-
b) The Board will anter the lands to perform reclamation only if the Board has determined:
i. that reclamation required the penrrit, statute, or regulations to be performed upon such
Iands has not bean performed, or
ii. that financial warranty forfeiture proceedings described in the Act or similar provisions
of subsequent laws, if any, have been initiated.
c) The Division, acting for the Board, will enter lands to respond to an emergency only where the
Division determines thatany of the conditions of Conskuction lvlaterial Rule 8.4.2. exist.
7) The additional conditions set forth in the attached rider, ifany, are incorporated herein by reference.
/_/ a) Rider is attached.
/ 8l b) No rider is attached.
MINED LAND RECLAMATION BOARD
RONALD W. CATTANY
Division Director
i
,ARTMENT OF NATURAI RESOURCES
COLOR,ADO DEPARTilIENT OF TRANSPORTATION
STATE HIGHWAY ACCESS CODE
I ruOTICE TO PROCEED
f=*---T:--;-:--+Permittee{s);
i
Mark Vigil ;
LaEarge West Inc
Westmjnster, CO 80021 i303-6574336 ,
*:ffiifjf:-"i:"::'::_I.1r:::=":o to pr-o"*"0 ut,."o.. *nrt r"t,* *itr,irr"t t"-hish,rryrisht-o ; iaccordance with the above referenced State Highway Access peimit and this Notice t" p;;;il.'q' I lvr rr-ur-Yvo'r "'
i
Scott Balcomb
North Bank F{oldings, LLC
PO Box 790
Clenryood Springs, CO 81602
974-945-6546
9S th:l=. Pttljt and this Notice To Proceed shall be available for review at the construction site.
This Notice to Proceed is conditional. The following items shall be addressed prior to or o,,nrg "*"t*"ti* *.appropriate.
None
This Notice to Proceed is valid onty if the reierenced Access Permit has not expired. Access permits
expire one yearfrom date of issue if not under construdion, or completed. Access peilits may be extended inaccordance with Section 2.3(11Xd), of the Access Code.
Adeguate advance waming is required at all times during access construction, in conformance with theManual on uniform Traffic control Devices for streets and Highiays.
All construction shall be completed in a| expqlitious and safg mqlner and shall be finished within 45 days
nfi^glfflrfiff5ffir$ii"aiinticaritishatl.nstiry;*re,6Eprru]dr[]rd;U:.*1,]jffi;fi*":d;;;;-" ""
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j_-:Municipality or county Approval {when fre appropriate locat authority retains issuing authority) i
-
---l-ffii"-- ---ffi__/Yr i i---\"/ili Itr
-----__rirhis Notice is not valid uniil signed by a duly authorized representative otthe oepartment
I
IColorado DeparEnent of Transportation
I
This Notice is not valid uniil signed by a duly authorized representative oithe Department
i Access Manager May 8,2006
Copy Diskibution: Required 1. Region Permit files 2. Staff Access Section. As needed: Local Authority,MTCE Patrol, lnspector Form f 265 8/98
306039
COLORADO OEPARTT{EilT OF TFAHSPORTATOE
STATE HIGHWAY ACCESS PERMIT
a b54 t s-X -o'v 2-:r
CDOTPermit No.
306039
State HEIRryay l.iclrdpilside
006D;'095.600iR
r00.00
Dale of h-anrniiilal
04il7t?0$6
i RegionirsedionPatroli a3i02i1a
I L€al JurisdEtion
Carfield County
The Permittee{s);
Scoh Bajcomb
l.lorth Bank Hotdings, LLC
PO 8ox 790
Glenrvood Springs, CO 81602
970-915-6546
Applicanr: Ref No. O6-052
r\,{ark Vigil
LaFarge Wesq lnc
I0170 Church Ranch Way, Suite 200
Wesrninster, CO E002I
383-65i-4336
is hereby gEni€d peroission [o have an accass to he stale higflvray at t |e loca{ion ncted below. The access shalt be consiructed. rnainlahed and uged in
acco.€iar,ct vrih ihis perflit. inc.lud:n€ the State i{ighlvay Acaess Ccde and arry atiact}rnerls. tems, condtiofls and exhiiriis. This pemii may be revoked
by Lire issuing authotity if at arry lirne Lhe pemitted access ard its use vltiate any psrts ot thb pemil The issuing autiErity, the Oepaitmnl and their Cdi,
apporoted agtrl's and empioym shai, be held harmless against any aGion for personal injury 6 property damage susta,ined by reason of tne exercise of
ihe Enait.
Location:
Located on the sout! side of Highway 006D, a disrance o10.4 miles casi of Counf Road 223.
Access to Provide Seruice to:
Gruvel Pit lEmployee Par*ing Only) - 6 DHV 100.00 s/"
Other renns anC conditicns:
+ Sce Atached Pages ? and i and Other Enclosures for Addiiiona) Terms and Conditions.
MUNICIPALITY OR COUNTY APPROVAL
Required only when the app.opriate iocal authority retains issuing authority.
6y
(xJ
; Dale
I
'I'iIe
Upon tha signing of this permit the permittee agrees to the lerms and conditions and referenced attachments contained
herein- All corstructicn shafl be completed in an expediiious and safe manner and shall be finished wiihin 45 days from
lnitiation. The permitted access sha.ll be compleied in accordance with ite terms and conditions of the pei-mit prior io
being used.
The perniftee shatl nolify D$/ayne Gaymon with tfre Colorado Department of Transportation in Glenwood Springs
at 970^947-9361 at hast 48 hours prior to commencing conskuction within the State H;ghlyay right'of-way.
The p€6on signing as th€ permiltee mijsi bs ihe omer or legal aepresen{ative ct tha property senigd by lhe pemitied access ard have fuli authcfiV fc
ac.(Pipt'Ae FEny/end its brrE and @nditions.
Pemiilee \ //ix) rfuyt #tuM : i+ l.-?/3lJtt;7
This permit is nct vaiid until sQned by a duly authorized represenlative of the Depart-nent.
COLORADO DEPARIMETYT OF TRANSPORTAIION
7;, l)^$iKY<)Dale (ciissue)
1r]*-r 8t t oal.''Vn*i /?/a*on-
Dopy Oictrlbutico: Re+rBi:
1 -R6gic6 LaqlAr'.Hy
a3 a66sry ts Plgvfour rdltjodr tB gb6otatfifid my 4ol b! Bed
Fomiirpecr
itnf,€ Fagines3.San Ac6s Sei4s
r*-rCS Patrsi
*iiii* ffi # # i ',
STATE HIGHWAYACCESS PERMTT 306039
Located on Hlghway 006D near Rp 95.60 Right
lssued to Norih Bank Holdings
TERMS AND CONDITIONS
1' fhis access is approved as construcied in accordance with Section 2.6{3) of the Access Code.
2' This permifted access is only for the use and purpcse stated in the Application and permii.
This Permit is issued in accordance with the dtate High*ay Access ciae eccR 601-1), andis based in part upon the information submitfed oy trrJ rermittee. Any subsequent relocition,reconstruction, or modifications to the access or changes in the traffii volume or traffic natureusing the aecess shall be.recuested tbr by means of Jnew application. Any changes causingnon-compliance with the Access Code rnay render this permii void, requiring a ner" permit.
3. The traffic limitations listed on the face of this perrnit shall be adhered to, The traffic volumesare listed in Design Houriy Volume (DHV) hips or Average Daily Trips (ADT) where entsringthe site and retuming counts as two trips.
4' The existing culvert shall be kept free of blockage to maintain proper flow and drainage.
5. Any mud or other materiat tracked or otherwise deposited on the roadway shall be removeddaily or as ordered by the Department inspector, lf mud is an obvious conditjon during siteconstruction, it is recommended that the cpntractor build a Stabilized Construction Enlrance orSct'ubber Pad at the intended construction access to aid in the removal of mud and debris fromvehicle tires. The details of the Stabilized Construction Entrance is found in the M & SStandards PIan No" M-208-1.
April 17,20A6
-t-
DEC 20 2OO1 15138 RFR; I RI'1LJ 9?O S63-8164 p.1
sIATE
DEPARTME}N OF TRANSPORTATIO N
Tnfiic & Saicty S€dlon
222 Sodh Ss Sfree( Room 1OO
Grand Junclion' Colorado E1501
(970) 24&7230
December 11,2001
l't*F^F'l
Roaring Fork Resources
141568 HighwaY 82
Carbondale, Co 81623
Re: State Highway Access PerrnitNo'
300777,300178,300179
DearApplicanil i,
Your request for a one-year extensiou of the atove reJel-enced. State Highway Access Permit has '
been approved. The permits will expire-on-iitoz,Uli03 and 2tl2to3 ' Subsection 2'3 (i1) (d)
of the State Highway Access Code, i CCn 601-1 states, in part: ':. ' ' No more than two one-
year extensions may ic granted.roio *y "i.",*r"Ut"o. Utt'". u"cess is ryt Y"d": conslructionr
within three years frorn fe datc of iszug the permit will be oonsidered expirod . . ." This is dre
first extension of the Permit.
If there are any further concerns or queStions, please feel free to contact this office at the address
or phone number listed above
Dilm-
iirlie"Wilson
Admini shative A ssistant
oc: File
High Country Engineering
t'.:.Ilcflrrncnrr unc iurri,tl;.i.,r.i ltralili\\'! s t],]lt,lrrenll gqrnritc'{.xrcfl rl Pcrnrrit.tkx:
Sinccrely,
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ACGESS PERMIT & APPLICATION LOCATIONS
o 5o0 1000 20oo
SCALE: 1" ='1OO0' :
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PERM
NO. :
APPROX. I
WEST OF I
ACCESS R=H./ &:/..*
-'z:--_---_/._l-70 j-; -
I
PERMIT
NO. 300177
APPROX. 2.281 MILES
WEST OF INTERCHANGE
ACCESS ROAD
NO. 300178
APPROX. 2.025 MILES
WEST OF INTERCHANGE
ACCESS ROAD
7-{rouc* ro r,o,sf PnoFERrv ltxe\-. ,AN\- -9,'.ri --\
r(rr.rb \etx.-
WEST END
$
PROPERTY
BOUNDARY
MINING AREA
WEST HORSE FENCE
SNYDER RANCH
-MAMM CREEK EXITH4:-ft4 PERMIT
APPLICATION
APPROX. 0.285 MILES
WEST OF INTERCHANGE
ACCESS ROAD
)178
I8 MILES
iRCHANGE
)
urNrltc-lREl
SNYDER RAN
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DEPARTMENT OF TMNSPORTATION
Rcaion 3 Trrfllc lctlon
222 South 6th Strce. Room I 00
6nnd Junctlon; CO 8l S0l
97O-2aE-7230 olfl<c
97Q-2{8-7294 hx
Januanj,i6,20Ol
^-
t
To: Balcomb, Martin, Stephenson .. PO Box 1220
Dear Sir or Madam:
Pleasc rEvisn tbe attacbAl Statc High$qf Accd Pemit (Form #l0l) and all eoclixdl attBcfueots.
Ifyou chooseNOT to act on the permil please rctum the permitunsigned.
lf you wish to APPEAL the Ter,rns and Conditions of the permit, please rcfer to the anached Form t01 .
pages 2 & 3 for an explanation of the appcalprocedur$.
[f you ACCEPT the permitand its Terins and Conditions; please sign and date the ,A,ccess Permit
form on the line m-arked "PERMITTEE i. Your signatrue ctnfirms your agreemint to all the
listed Terms and Conditions.
- Provide a check or money order made oui to the jurisdiction named on the next line for the amount
due.
Colorado Dcpsrtrnent of Transportation
Melc chcrk or moniT or.der pryrblc o
- Return all copies and ittachments of the Access Permit along with'your payrnent back to the
Colorado Deparfnrent of Transportation.at the address noted below. The-Dlpartment will process
and rehrrn to you a validated (signed and rccorded) copy ofyour State Highway Access Permit.
if you fail to sip and retum the attached Access Perrnit riiiniii'eO Aays cif"tne'ii.Ii_b:
Colorado Department of Transportation will consider this permit Void.
You'iliii outiu aiq5'tiEtEffi&rxl D0,_Eqlb"dn:En'i'Sori[$ithin'irl stiftinielritSr-$iiwittiorit ii
validstcd Ac.*e plnfiifid'itiiEco To Pfrii$il. Use of this permit without Transpolrtation Deparrrnent's
validation shall be considered a Violation of State Law. :
If you have any questions, pledse call: Charles Meyer at970-248-7260
Retum Access Permit and attachments to: Region 3 Traffic Section
222 South 6th Streeg Room 100
Crand Junction, CO 81501
The transmittal to you of thc Access f ermit form for your approval constitutes final action by the Colorado
Dcpartment of Transportation pursuant to scction 43-2-147 C: R. S., as amended-
CDOT Form *122 'lll99
s 100.00
Amouat Duc
I
STATE,HIGHWAY ACCH'
This permit is not valid until signed by a duly.authorized representative of the Department.
OF TRANSPORTATION.
Make copl6 ss rleces.ssry tocLocalAuthority lnspeclor
Prcv{out odltlonr rro'obtolclr rnd mtynot b' uttd
. CDOT Form*l0l 8R0'
2Apdi6nt
3.Statt.Access Sect on
MTCE Pat ol Tnlfic Englneer
The Permittee(s);
Balcomb, Martin, StePhenson
PO Box 1220
RodringFork Resources
1a156 BHwy 82
is hereby granted permission t0 hdve an accBss to the stats highway at thB loc€tion noted belqr, The access shall be construc{ed, rnaintained and used in
accorOai.,& uth this pennit, including the State Highway nccess C#e and any attachmirrits, terms, mndllions ard exhitits. This permlt may be reloked '
Uyit e issuing auttrori'ty tf at any time-the permitted-acceis and its use violate any parts of this permit. The issuing.au(hdtY,'the Department and thek duiy
i'pi,J"t*1ge"ts a"di*ployees shall be held harml6ss agaiitt any aclion for personal injury.o prop€rty damage sustained by rea'son of the exercise of
970.-963-t 110 970-963-01 I0
Location:
On thc left (North) sidc of I-70 Frontagc Rd, approxim alely 2.78t milcs west of interchange access road.
Gravel Pit: 31 Acres
Notc Collective traffrc impacts from the gravel pits perrnitted under this permi! perrnit 3001?8, rnd pe-rmlf 3ii0-179.shall
'titat-
c'it
n).
\ (r.
\.*'
:\.,il"
\r terms and conditions:
I , S"" Attachcd Pages 2 and 3 and Other Enclosurcs for Additionat Tcrms and C6nditions. '
tal;ig'r:4i'MUNICIPALITY OR COUNTY APPROVAL
Required only when the appropriate local authority retains issuing authority-
By
(x)
permittee.agreestothetermsandconditionsandreferencedattachmentscontained
herein. Al c6nstnuction shall be completed in an expeditious and safe manner and shall tie frnished within 45 days from
lnitiation. The permitted access shali be cornpleted in accordance with the terms and conditions.of the permit prior to
accept the pefnt and lts
Copy DlttrlbutJon:
being used.
rue 'oe;rmtti6,gadarr n6urv a?riir BG;ci( wtth'dhe* i6rdna6 oeFiitmefit bt rran?ribiihtoii iii rune?it'szoszdizsait
leaci+s nbudprrsrli\Soihri,Aniini conslr,iafoA wrtiirn tfi'estate Highway right$fiyHvi
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srATE HtGHwAy AccESS penuft 3ooi77 :
Issued to John c' Martin' Richard -
?E*Iili.i'^H33*i3"?,tsr**
. ADMII..iISTRATiON
t,This perm'itted access is only for the use and purpiosc stated in the Application and p"r*iu This pbr.mit
thc information 'submirted by the permittee. Any su relocati i-ti on*or-modific atisns- - - ---
91 taffic nature using the access shall be requested for bymeans of a ncw application. Any changes causing nonrcomplian.J *ith the Access Code may renderthis pcrmit void, requiring a new permit.
2' The Pcrmittee is responsib]e fo1 obtaining any necessary additional Federal, State and/or City/countypermits or clearances required for constmction of thc access. Approvat of ti,ls access p."mii aoes notconstiture verificarion of this action by the permittec.
3. This pennit is issued in conjunction with permit 300178 and 300179. As subtr, collective traffic impactsto the intcrchange frorn thc -three pits stultnot exceed that listcd on the a"" ofthir p".*it.
4' A Noticc to koceed, CDOT Form 1265 is rcquired befoie beginning the construction of thc access orany activity within the highway right-of-way. Thc follorr,ing irr* arc requircd bcfore a Notice to
Proceed will be issue<i:
i) Construction P-tans Stampcd by a Colorado Registered hofessionai Engirieer in full compliancewith thc State Highway Access Code.ii) Certificatc of Insurance Liabilify as pcr Scction 2.3(l l)(i) of the Access Code.iii) Traffic Cont'ol Plan in accor&nce with Scction z.aio;'of tfre Access Code.
DESiGN
,., r;,\,
5.
6.
7.
Access will be permitted to the Frontagc Road onty.
The Frontage Road to this access from the interchange to the access shall be hard surfaced in accordancewith Section 4.7 of the Aceess Code, Deparrnent Sipifications,.andthe Rd";M;;;ub E,gir".*.
All design, construction, materials,.and cquipmen! including auxiliary lane(s), roadway irnprovements,
and interiection improvementis; wittrin thc State Highway shall'bc in,accordance with the iollowing
Deparhnent standard references, as alplicable:i) Roadway Design Manualii) Materials Manual
iii) ConsE-uction Manual
iv) Standard Spccifications for Road and Bridge Conskuction, latest edition
vi) Manual on Uniform Traffrc Conhol Devices (M.U.T.C.D.) for Shcets and Highways and the '
Colorado Supplement thereto
vii) A Policy on Geomekic Design of Highways and Streets, Ameiican Association of State
. Highway and rransportation officiars (AAsHTo), ratest edition
lii) Institute of Transportation Engineer's Trip Generation manual, latest editionix) State Highway Access Codc 2 CCR 601-1x) RoaCside Design Guide
The Permittee, through a Colorado registcred professional engineer shall provide design and
consfruction plans addressing, as applicable, geomety, drainage, sriping, signing; ani sig:ralization to' the Department for a-pproval 45 days prior to corrmencement of any *ork foi tne-pu.por"-, of issuing a , .
Notice to Proceed. Design plans shall include, but not be limited to, layout bf the access, highway
improvements, utiiity locations, present and proposed drainage, pr.r.ni and proposed riglt-of-way lines,
Present and proposed E affic contol devices,-and clear zone *"tyrir. fn" pt"nr'rt "li i.-!".t"a in
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STATE HIGHWAY ACCES$ PERMIT 300177
I s su ad to J o hrt c' M art in' *on":o#Rlfi'J'Xi,"il'
BBX,ts ;f,tfrEico n t. )
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l 6. January 2001
' 'ac"ordan"e with CRS 12-25-1,17 and shall includi the following statement ort'the cover page of thc '
plans:
(a)&:$"irii::?li:iTlFiiffi;;'**1*"##:i,r,.HighwavAccesscode,2
te:-At{:atansrnur;ttusubrt,r.J on-f i,.t tl-h -
20'. No other plan iheet sizes are authbrized. Location drawih'gs may be submiited it
othcr scales as approvcd. i
9. A traffic impact study shall be conducted and submitted in accordance withisections 2.3(4) and 2.3(5).
The raffic limitations listed on thc face of this permit shall be adhered to. Vehicle counis using the'
'
access shall be adjusted for vehicles longer than 20 fcet in accordance with Section 2.3(a)(c).
GEOMETRY .
I
10. Thc adcess shall be constnrcted 25 to 40 fcet wide with radii to accornrilodate the minimum turning radii
ofthc largest vehicle or 25 fect whichevcr is greater. The localjurisdiction"shall bc consulted for curb,
guttcr, and radii requiremcnts. f
1 l, The access shall be constructed pcrpcndicular to the bavcl lanes of the Stat{Highway for a minimum
distance of 49 f:.t, *d ._hr- 1l slopc-down and away from thc adjaccnt p"u"nihtiage at a rate of ZYo---'-- r-'-"f:"'
grade for a minimum of 20 fcet. if curb and gutter are prcsent, the slope stltt be c-alculated from pan
line to pan line. A-ny revisions to this rcquircmcnt shall.be subject to Depariment review and approval
prior to commencemsnt of any workwithin thc highway right-of-way. I'[i
12. Pursuant to section 4.10(2) of the State Highway Access Codc, the access r$adway shall not exceed a
---.:-..;.-:-^rtA----r--lrl:-^f,t'.
r . t, ll.-.^^'maximum gradc of 10 percent within tircfrigfr*"y rigbt-of-way, ,, *""r*.H iO i".iU.vond thc
pavement edge and extending to thc right-otway line. The acccss Vertical $rade shall be designed and
consfuctcd in conforrnance with the Departnent M & s standard M-203-l.l
13. slopcs shall be at a 6:1 ratio on the roadway and a 6: I ratio on the upp.o".h[.
14. No drainage from this sitc shall entcr onto the Statc Highway travel lancs-. th. p.r.,rittee is required to
maintain all drainage in exccss of historical flows and time of coirccntrationlion site. All existing
drainage sEuchres shall bc extended, modified or upgraded, as applicable, tp accomrnodate all new' construction and safety standards, in accordance with the Departrnent's stanlard specificatibns.
1 5. An 1 8-inch diameter culvert with protective cnd teatrnents shall be installef for this access.
16. AII costs associated with thc installation of traffrc contol devices for this access are the responsibitity of
the Permittee. This includes but is not limited to thc.design, construction, utility relocation, tcsting of
materials and inspection.
MATERIALS
17. The access shall be surfaced in accordance with Section 4.7 of the Access Code immediately upon
cornpletion ofearthwork construction and prior to use. This access shatl bc.hard surfaced in accordance
with Sectiort 4.7 of the Access Code a minimum distance of 50 feet from the baveled way- Where the. '
hard sfrface is to abut existing pavemen!.the existing pavement sha.ll be saw ctrt and rernoved a : ".
minimum of one foot back from the existing edge for bituminous, or until an acceptable existing cross
slope is achieved.
18. Placement of base course materials shall be in accordance with section 304.04 of the standard' :
specifications. Compaction shall bc in confbrmance with AASHTO prbcedr:re T-99.
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TERMS AND CONDTTTONS (cont.)
,
19. Th.e top laycr of plant mix-bituminoui pavemcnt shall not bc placed bcnvein Octobcr I and April t, .
unlEss otherwiSc approvcd by the Dcpartmcnt.
20. [l frost, water or moisture is prescat in thc sub-gradi, no surfacing materials shal be placed until a1
frost, water or mois:ture is gone or removed.
2l.Compaetion..of'HotBituminousPavciilentsha1Ibcin-acbbrdancewithsection4o|,|7ofthe.
Department's standard specifications, Cornpaction of the'Aggregate Base Courie shall cornply with
section 304.06.
22. Compabtion of sub-grade, embankments and backfill shall bc in accordance to section 203.07 of the
Department's standaid'spicifi cations.
CONSTRUCTION / UTILITIES .
23' All constnrction work must be undcr the direction of a Colorado Registered professional Engineer and,
upon completion of the work,'as-built''plans shall be submitted, sh-owing in detail all approvedcoirskuction changes, modification3, and revisions. The "as-built'' plans irust be sealed'in accordancewith CRS l2-25-r17.
24. Water, sewer, gas' electrical, communiiation, landscaping, and telephone installations wiil require
individual additional pcrmits.
25, Survey markers or monumcnts found in statc highway right-of-way must be prescnred in their originalpositions. Notifu thc Departnent at (970) 248-iZ2O imriediatcly upori damage to or.discovery of any
such markers or rnoni:msnts at the work site. Any survey markers or.onr*-"hts dish'bed d.ring the
execution of this permit shail bc repaired and/or replaced immediately at the expense of the permilttcc,
26. It:shall be the responsibility of the Permittce to veriS the location of the existing utilities and notiry allutitity owners or operators of any work that might involvc utilitiis within thc Stite Highway rightof-way' Any work ileccssary to protict existingpcrmitted utilities, such as an encasemerrt *iU be thcresponsibility of the Permittee. Any damage or disn:ption to any utilitics.during the const,ction shall
be the Permittee's responsibility and shall be repaired- or r6placed at no cost to [e Department.
TRATFIC CONTROL
27. All work that requircs taffic control shallbc superviscd by a rcgistcred professional trafhc engineer or
by a traffic contol supervisor certified by the American Traffic Safety Services Association lefSSn;or the Colorado Contractors Association (CCA). When flagging pers-onnel are reguired, the confactor
in accordance with the DcparEncnt standuds shal certiff th;m.
28' Any incomplete constr:ction activity on the State Highway that must bc left overnight, shail be
barricaded and signed in accordancc with thc Manual-on dnifona Traffic Contoi O'."i".. and other
applicable standards.
29. Open cuts, which are 6 inches in depth, within 30 feet of the edge of the State Highway kaveled. way,
will not be Ieft open at night, on weekends, or on holidays.
30. No more than 6 feet of trench areas shall be opened at any one time. Open tenches and other' excavations within thc State Highway right-of-way shall be backfilled and/or paved before 3:30 P.Ir,[. of
each working day or be protected in accordance with the M.U.T.C.D.
3 I ' Any. work within State Highway right-of-way shall begin after 8:30 A.M. and all work and equipment
shall be off the highway BEFOR-E 3:30 p,M. each day.
32. Two-way traffic shall be maintained at all times on the highway in accordance with the IvfUTCD and
Colorado Supplements or as othenviie approved.
STATE HIGHWAY ACCESS PERMTT 300177
lssued to John C. Martin, Rlchard K, Stephenaon. Scott M. Balcomb
16 January200l
..4 -
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16'Jhnuary 2-001 ..
. 33. No work will be allo*ed at night, Saturdays, Sundays and lcgal holidays without prior authorization
from the Department. Thc Dcparrnent niay also restrict work within the Sfite Highway right-of:way
during adverse weathcr conditions.
i:
. 34. Constn:ction traffic control devices, .when not in nse, shall bc rimcived o. t[-"d .*ay from traffic. '
-*.--. trllnitpNaNcE - .. , . . . I ' . , ,'''' --
35, DUST CONTROL: Thc entire length of frontage road from the access io tHe inie"section shall have
' -
magnesiumchIorideplacedontheroadsurfacconcceverytwoyearsormd,teoftcnasnecessaryfor
contiol of dust. li
35. When it is necessary to rernove any highway right-of-way fence, the ,oro a[n either side of the access
cntrance shall be securely braced with approved end posts and in conformafuce with the Department's
M-607-1 standard, bcfore the fence is cut, to prevent slacking of the rcmairl'ing fence. All nraterials
removed shall bc returned to the DeparEnent. t
t
37. It is the responsibility of thc Peimittce to prevent all livestock from cnterin[ tt," St"t l{ighway right-of-
way at this access- lo:tiol. fuiy livestock that docs enter thc highway righprf-way shall bc thc sole
rcsponsibility of the Pern:ittee. i
38. Landscaping shall not obstruct sight distancc at any State Highway acceis *"i",. f" the cvent the
landscaping becomes tmsightly or considcred to bc a taffic hazard, Thc Delarunent rnay require that it
STATE HIGHWAY. ACCESS PERl,tlT 3001 77
lslued to John C. Martin. Richard K. Stcphenron, Scptt M. Balcomb
TERMS AND CONDITIONS (cont.)
be rcmoved promptly by the Permittee and at no cost to the Departnent.
I'
39. If the access utilizes a gate, the gatc shallbc sct back far enough from the highway sb that the longcst ,
vehicle using the access can clear the roadway when the gate is closcd. ;
40. Any damage to any prestni highway facilities including taffic contol a.*ilr., shall be re.paired
immediately at no cost to thc Departnent and prior to continuing othcr work, Any mud or other
material racked or otherwise deposited on the roadway shall bc removed daily or aS ordercd by the
Dcpartment inspector.
41. Areas of roadway and/or right-of-way distubed during this instailation shall be restored to rhcir original
conditions to insure proper su'cngth and stability, drainage and erosion con&ol. Restoration shall mlet
the Department's standard specifications for top-soil, fcrtilization, mulching, and re-seeding.
COMPLETION
:
42. A fully executed complete copy of this pcnniirnust be on thc job sitc with the conbactor at all times
during the constnrction. Faih:re to comply with this or any othcr construction requirement rTury result in
the immediate suspension of work by order of the Department inspector or the issuing authority.
43. The access shall be completed in an expeditious and safe manner and shall be completed within 45 days
.
from initiation of constmction within State Highway right-of-way.
44. Thc access shall be surfaced immediatcly upon completion of earthwork construction and prior to use.
45, All required access improvements shall ta installed prior to the herein-authorized use of this access.
.
46. Upon completion of the access, the applicant shaLi notify the Access Managerby certified..mail within
10 days at:
Colorado Deparlment of, Transportation
Region 3 - Access Manager
Grand Junction, Coiorado 8150 t
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l6.january 2001
5[ATEOFCC.ORADO
DEPARTMENT OF TRANSPORTATION
Rcalon3Trrtllct ctlo6
222 South 6th Stra.t. Room 100
Cnnd Jrinctlon, CO 8l 501
970-248-7230 otflce
970-248-729{ fex
January 16,2001
To: Balcornb, Martin, Stephenson
PO Box 1220
Carbondale, CO 8 1 623-1220
Dear Sir or Madam:
Pleasc revicw the anachcd Strtc Highway Access Pcrmit (Form #l0t) and all enclosed anachmcnts.
If you choose NOT to act on the permit, plcase retum the pennit unsigrred.
If you wish to APPEAL the Terms and Conditions of the permit, please rcfcr to the attached Form I0l
pages 2 &3 for an explanation ofthe appeal procedures.
If you ACCEPT the permit and its Terms and Conditions, please sign and date the Access Permit
form on the line marked "PERMITTEE'. Your signature confirms your agreement to all the
listed Terms and Conditions.
- Provide a check or money order made out to the jurisdiction named on the Dext line for the amount
due.
Coloradir Deoartrnent of TransDortation
Mate check or moncy ordcr poyablc to
- Return all copies and attachments of the Access Permit along with your payment back to the
Colorado Departrnent of Transportation at the address noted below. The Departnent will process
and rehrrn !o you a validated (signed and recorded) copy of your State Highway Access Pennit.
If you fail to sign and return the attached Access Permit withid 60 days of the datc of this trs;sniittsl Et&,
Colorado Departrnent of Transportation willconsider this permit Void.
You mustobtain aNbticc to Procced- DONOTtildir'il0i'tffii'wirhin the Stritc Riglt-of-Waywfih6b'i'i
validatcd Access Permit and Noticc To Proceed- Use of this permit without Transportation Departrnent's
validation shall be considered a violation of State Law-
s 100.00
Amounr Duc
Ifyou have any questions, please call:
. Rerurn Access Permit and attachments to:
Charles Meyer at 97 0 -248-7260
Region 3 Traffic Section
222 South 6th Su'eet" Room 100
Grand Junction, CO 81501
The transmittal to you of the Acccss Permit form for your approval constitutes final action by thc Colorado
Departrnent of Transportation pursuant to scction 43-2-147 C. R S., as amended.. CDOT Form #122 I ll99
ffi3rare HIGHwAY accHs PERMIT
)
,, roo,oo -t! I otttotzoot I - og/orlo
CDOT Permit No.
300178
State Highuray No/MflSlde
070A/091.s00/L
Local Jurisdidion
Garfield County
The Permittee(s);
Balcomb, Martin, StePhenson
PO Box 1220
Carbondale, CO 81623'1220
970-963-l i 10
. Applicant;
Roaring Fork Resources
14156 B Highway 82
Carbondale, CO 81623
970-963-01 10
is heroby granted permission to have an access to the state higtrwayai the locailon noted b€low. The access shall be constructed, maintained and used in
accordanco wtth this permit, including the Stat€ Highway eccels Cooe and any attachments, terms, conditions and exhlbits. This permit may be revoked
ovir,J[.ri"g au6ority if at any tir. tt. permittedacceis and its use violate 6ny parts of this permit, The issulng ar:thority, the Department and their duly
appointed agents and
"n1proiets
sr,alt ue held harmless against any aciion for personal injury or property clamage sustained by reason of the exercise of
Location:
On thc lcft (North) sidc of I-70 Frontage Rd, approximatcly 2.025 miles west of interchange access road.
Access to Provide Service to:
Note: Collective traffic impacts from the gravel pits permitted under this permit, permit 300177, and permit 300179 shall
- -^ ^--^^l ann l It'T.not exceed 200 ADT. /.' ..'.'
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MUNICIPALTTY OR COUNTY APPROVAL.Q,-,; r. if-:;:
Required only when the appropriate local authority retains issuing authority.
By
(x)
ments contained
herein. All construction-shall be completed in a-n expeditious and safe manner and shall be finished within 45 dayrs from
liritiation. The permitted access shali be completed in accordance with the terms and conditions of the permit prior to
leaet /+8 houre prlor toc
The person signing as the must be the o*ner or legal representative of the prop€rty served by the permitted access and have full adhority to
accept ths Permit and its terms
This permit is not valid until signed by a duly authorized representative of the Department.
COLORABO DEPARTMENT O F TRANSPORTATION
Access Manager
^rher terms and conditions:
* Scc Attachcd Pages 2 and 3 and Other Enclosures for Additional Terms and Conditions.
Mskc copk s as nocessary loc Praylout cdlllonr arc ob3olclc and may not bo uicd
CDOT Form #t0l 8/98
2.Apdlcont
3.St8[AccBs klon
Locd Adhotity
MTCE Patso{
lnsp€clor
Traffrc Erryineer
copy DlrHbu0oni
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STATE HIGHWAY ACCESS PERMIT 300178
lssued to John C, Martin, Richard K. Stephenconi Scott M. Batcomb
TERMS AND CONDITIONS
ADMINISTRATION
16 January 2001
t.This permitted access is only for the use and purpose stated in the Application and Permit. This Pcrmit
is issucd in accordance with thc State Highway Access Codc (2 CCR 601-I), and is based in part upon
the information submitted by the Permittcc. Any subsequent relocation, reconstruction, or modifications
to the access or changes in thc traffic volume or h'affic nature using the access shall be requestcd for by
mcans of a new application. Any changcs causing non-compliance with the Access Code may render
this permit void, rcquiring a new pcrmit.
The Perminee is responsible for obtaining any riecessary additional Federal, State and/or Ciry/County
permits or clearances required for consfuction of the access. Approval of this access permit does not
constitute verification of this action by the Permittee.
This permit is issued in conjunction withpcrmit 300178 and 300179. As such, collective traffic impacts
to the interchange from the.three pits shan not exceed that listed on the face of this pcrmit.
A Notice to hoceed, CDOT Form 1265 is rcquired bcfore beginning the construction of the access or
any activity within the highway right-of-way. The following items are rcquired before a Notice to
Proceed willbc issued:
i) Construction Plans Stamped by a Colorado Registcrcd Professional Engineer in full compliancc
with the State Highway Acccss Code.
ii) Certificate of lnsurance Liabilify as per Section 2.3(11)(i) of the Access Code.
iii) Traffic Conu'ol Plan in accordance with Section 2.4(6) of the Access Code.
DESIGN
5. Access will be permitted to the Frontage Road only.
6. The Frontagi Road to this access from the interchange to the access shall be hard surfaced in accordance
with Section 4.7 of thc Access Code, Departrrent Spccifications, and the Region Materials Enginecr.
1. All desigrr, construction, materials, and cquipmcnt, including auxiliary lane(s),toadway improvements,
and intersection improvement(s) within the State Highway shall be in accordance with thc following
Departmen t standard re ferences, as app li cab le :
r) Roadway Design Manual
ii) Matcrials Manual
iii) Construction Manual
iv) Standard Specifrcations for Road and Bridge Construction, latest editionv) Colorado Standard Plans (M & S Standards)
vi) Manuai on Uniform Traffic Contol Devices (IvI.U.T.C.D.) for Steets and Ffighways and the
Colorado Supplement thereto- vii) A Policy on Geometric Design of Highways and Streets, American Associarion of State
Highway and Transportation Officials (AASHTO), latest editionviii) Institute of Transportation Engineer's Trip Generation manual, latest edition
. ix) State Highway Access Code 2 CCR 601-1
x) Roadside Desigrr Guide
8. The Permittee, th,rough a Colorado registered professional engineer shall provide design,and
construction plans addressing, as applicable; geometry, drainage, striping, signing, and signalization to
the Department for approval 45 days prior to corunencement of any work for the purposes of issuing a
Notice to Proceed. Desigrr plans shall include, but not be limited to, layout of the access, highway
improvements, utility locations, present and proposed drainage, present and proposed right-of-way lines.
present and proposed traffic conEol devices, and clear zone analysis. The plans shall be sealed in
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STATE HIGHWAY ACCESS PERMIT 300178rssued to John c, Martin, Rrchard K. Stcphenaon, scott M. Barcomb
16 January 2001
TERMS AND CONDtTlONa-(cont.)
accordance with CRS l2-25'll7 and shall includc the following statement on the cover page of theplans:
(a) "This design is in fultcompliance with Section 4 of the State Highway Access Code,2CCR 60 I, I except for the following approved variances:,,
(b) Note: ALL.plans must be submitted on I I,, x20'. No other plan. sheet sizeS are authorized.
othcr scales as approved.
I 7" sheets at a minimum scale of l" =
Location drawings may be submined at
9' A traffic irnpact study shall be conducted and submined in accordance with sections 2.3(a) and 23(5).The traftic limitations lisied on thc face of this permit shall bc adhered to. vehicle counts using theaccess shall be adjusted for vehicles tonger than 20 feet in accordance with Section 2.3(a)(c).
GEOMETRY
l0' The access shall bc constn:cted 25 to 40 fcet widc with radii to accommodate the minimum turning radiiof the largest vehicle or 25 fcet, whicheva is greater. ftc t"c"t;unsdiction ,t"tt u. .onrulted for curb,
I l ' The access shall be constructed perpcndicular to the Eavel lanes of the state Highway for a minimumdistance of 40 fcet, and-shall slopc down and away from the a_djacent p""".*ifa;;'";;;d;;;';;;"grade for a minimum of 20 feet. If curb and gutter -. pr.*ithc slope shall be cilculated fiom panline to pan line' Any revisions to this *:yh{*Tj shali besubject to Department review and approvalprior to commencement of any work within the highway right-or-way.
l2' Pursuant to section 4.10(2) of the state Highway Access code, the access roadway shall not eiceed a.maximum grade of l0 percent within the hlghway right-or-wai, as measured 50 fiet bcyond thcpavement edge and extcnding to the rightrci-*ry tirr". The
"c'c.ss
vertical grade shall be desigpcd andconsEucted in conformance with the Deparhn"nl u a s standard M_203_1.
13. slopes shall be at a 6: I ratio on thc roadway and a 6: I ratio on the approach
14' No drainage from this sitc shall enter onto th_e State Highway travel lanes. The pcrmittee is required tomaintain all drainagc in excess of historical flows and t-ime of "oncenkation on site. All cxistingdrainage structures shall bc extended, modified or upgraded, as applicable, to accomrnodate all newconstruction and safety standards, in accordance *ithihe Departmlnt's standard specifications.
l5 ' An I 8-inch diameter culvert with protective end teatncnts shall be installcd for this access.
16' All costs associated with the installation of traffic conEol devices for this access are the responsibility ofthe Permittee' This includes but is not limited to the design, conskuction, utility relocation, testing ofmaterials and inspection.
MATERIALS
I7' The access shall be surfaced in accordance with Section 4.7 of the Access Code immediately uponcompletion of earthwork construction and prior to use. This access shall be hard surfaced in accordancewith Section 4'7 of thc Access Code a minimum distance of 50 feet from the taveled way. wlere thehard surface is to abut existing pavement, the existing pavement shall be saw cut and removcd ;.- -
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::l'::i:i:ne foot back from the existing edge foibituminous, or until an acceptabl.:.i.ffi.*r,stope ls achleved.
I 8' Placement of base course materials shall bc in accordance with section 304.04 of the standardspeciltcations. Compaction shall be in conformance with AASHTO procedure T-99.
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STATE HIGHWAY ACCESS PERMIT 300178
lssued to John C. Martin, Richard K. Stdphenaon, Scott M. Batcomb
TERMS AND CONDTTTONS (cont.)
1 6 January 2001
19. Thetoplayerof plantmixbituminouspavementshallnotbeplacedbetweenOctobcr I andApril I,
unless otherwisc applovcd by the Departmcnt.
20. tf frost. water or moisture is present in the sub-grade, no surfacing materials shall be placed until all
frost, watcr or moisture is gone or removed.
2 l. Compaction of Hot Bituminous Pavement shall be in accordance with section 401.17 of the
Department's standard specifications. Compaction of the Aggregate Base Course shall comply with
section 304.06.
22.-Compaction of sub-grade, embankments and backfillshall be in accordance to sectibn 203.07 of the
Department' s standard specifi cations.
CONSTRUCTION / UTILITIES
23. All construction work must be under thc direction of a Colorado Registered Professionai Engineer and,
upon completion of the work, "as-built" plans shall be submitted, showing in detail all approved
construction changes, modifications, and revisions. The "as-buiit" plans must be sealed in accordance
with CRS 12-25-117.
24. Water, sewerr gas, electrical, communication, landscaping, a..rd tclcphone installations will requirc
individual additional permits.
25. Survey markers or monuments found in state highway rightof-way must be preserved in their original
positions. Notify the Departrnent at (970) 248-7220 immediatcly upon damage to or discoyery of any
such markers or monuments at the work sitc. Any survey markers or monuments disturbed during the
execution of this pcrmit shall be repaired and/or replaced immediately at the expanse of thc Permittee.
26. It shall be the responsibility of thc Permittec to verify the location of the cxisting utiliries and notiff all
utility owners or opcrators of any work that might involve utilities within the State Highway right+f-
way. Any work neccssary to protect existing permitted utilities, such as an encasement will be the
responsibility of the Permittce. Any damage or disruption to any utilities during the construction shall
be the Permittee's responsibility and shall be repaired or replaced at no cost to the Department.
TRAFFIC CONTROL
27 . All work that requires traffic control shall be supervised by a registered professional Eaffrc engineer or
by a kaffic control superwisor certified by the American Traffic Safety Services Association (ATSSA)
or the Colorado Contractors Association (CCA). When flagging personnel are required, the contractor
in accordance with the Department standards shall certify them.
28. Any incomplete construction activity on the Statc Highway that must be left ovemight, shall bc
barricaded and signed in accordance with the Manual on Uniform Traffic Control Devices and other
applicable standards.
29, Open cuts, which are 6 inches in depth, within 30 feet of the edge of the State Highway traveled way,
will not be left open at night, on weekends, or on holidays.
No more than 6 feet of kench areas shall be opened at any one time. Open trenches and other
excavations within the State Highway righrof-way shall be backfilled and./or paved before 3:30 P.M. of
each working day or be protected in accordance with the M.U,T.C.D.
Any work within State Highway right-of-way shall begin after 8:30 A.M. and all work and equipment
shall be off the highway BEFORE 3:30 P.M. each day.
Two-way kaffic shall be maintained at all times on the highway in accordance with the MUTCD and
Colorado Supplements or as otherwise approved.
30.
31.
32.
t
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STATE HIGHWAY ACCESS PERMIT 300178
lssued to John C. Martin, Richard K. Stcphcnron. Scott M. Balcomb
16 January 2001
TERMS AND CONDTTTONS (cont.)
33. No work will bc allowcd at night, Seturdays, Sundays and legal holidays without prior authorization
from the Department. The Depar.tmcnt may also rcstrict work within the State Highway right-of-way
during adverse weather conditions.
J4. ConsEr:ction traflic control devices, when not in use, shall be removed or turned away from traffic.
MAINTENANCE I
35' DUST CONTROL: Thc entire length of frontage road from the access to thc interscction shall have
magnesium chloride placed on the road surface once every rwo years or more often as necessary for
control ofdust.
36' When it is necessary to remove any highway righrof-way fence, the posts on cithcr sidc of the access
entrance shall be securely braced with approved end posti and in "on-form*"e with the Department,s
M-607- l standard, before the fence is cut, to prevent slacking of the remaining fence. All materials
removcd shall bc returned to thc Depirrfncnt.
37. tt is thc responsibility of the Permittce to preveat all livestock from entering the State Highway rightof-
way at this acccss location. Any livestock that docs enter the highway righi-of-way shalibe thc solc
rcsponsibiliry of thc Permittee.
38' Landscaping shall not obstruct sight distancc at any State Higtrway access point. In thc cvcnt the
landscaping becomcs unsightly or considered to be a traffic hazard, The Departrnent may require that it
be removed promptly by the Permittec and at no cost to the Departrnent.
39. If thc access utilizes a gate, the gate shall be set back far cnough from the highway so that the longcst
vehicle using the access can clear the roadway whcn the gate is closed.
40. Any damage to any Present highway facilities including traffic control devices shall be repaired
inrmediately at no cost to thc Departnent and prior to continuing othcr work. Any mud or othcr
matcrial tracked or otherrvise deposited on the roadway shall be removed daily oras ordered by thc
Department inspector.
4 I ' Areas of roadway and/or right-of-way disturbed during this installation shall be restored to their original
conditions to insure.proper strengh and stabiliry, drainage and erosion conkol. Restoration shall miet
the Department's standard specifications for top-soil, fertilization, mulching, and re-seeding.
COMPLETION
42. A fully executed complete copy of this permit must be on the job site with the contactor at all times
during the construction. Failure to comply with this or any other construction requiremerlt may result in
the irnmediate suspension of work by ordcr of the Dcpartment inspecior or the issuing authority.
43. The access shall be completed in an expeditious and safe manner and shall be completed within 45 days
from initiation of construction within Statc Highway right-of-way.
44' The access shall be surfaced immediately upon completion of earthwork constnrction and prior to use,
45' All required access improvemcnts shall bc installed prior to the herein-authorized use of this access.
46. Upon completion of the access, the applicant shall notify the Access Manager by certificd mail wjthin
I0 days at:
Co I orado Department of Transportation
Region 3 -Access Manager
222 South 66 Street, Room 100
Grand Junction, Colorado 81501
-5.
STATE HIGHWAY ACCESS PERMIT 3001,78 16 January 2001.
tssued to John C. Martin,:Richard K. Stephcnson, Scott M. Balcomb
TERMS AND CONDITIONS (cont.)
(
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5T{TEOFCCIORADO
DEPARTM ENT OF TRANSPORTATION
R.9lo6 , Trefhc.kctlon
222 South 6th Strc?t, Room l 0O
Grrnd Junctlon, CO E I 50I
970-248-7230 offlce
970:?4E-7294
'rx
January 16,2001
To: James & Jean Snyder
3879 County Road 346
Silt, CO 81652-9668
Dear James & Jean Snyder:
Pleasc rnian, the attached Strtc HigbwEy Access Pcrmit (Forin #l0l) and all encloscd a6achmcats.
If you choose NOT to act on the permit please return the permit unsigrred.
If you wish to APPEAL the Terms and Conditions of the permiq please refer to the attached Form l0l
oages 2 & 3 for an explanation ofthe appesl procedures.
If you ACCEPT the permit and is Terms and Conditions, please sign and date tlre Access Pennit
form on the line marked "PERMITTEE'. Your signature confimrs your agreement to all the .
listed Terms and Conditions.
- Provide a check or money order made out to ttre jurisdiction named on the next line for the amount
due.
Colorado Deoartrnent of Transpofiation
Mrta chcct or.moncy ordcr payabh o
s 100.00
Amouat Duc
- Return all copies and attachments of the Access Permit along with your payment back to the
Colorado Departnent of Transportation at the address noted below. The Departrnent will process
and return to you a validated (sigrred and recorded) copy of your State Highway Access Permit.
If you fail to sigrr and retum the attached Access Permit within'60 days of the datc oithistiidiudJiiifi,
Colorado Department of Transportation will consider this permit Void.
Ifyou have any questions, please call:
Return Access Permit and attachments to:
Charies Meyer at 97 A-248-7 230
Region 3 Traffic Section
222 South 6th Steeg Room 100
Grand Junction, CO 8 l50l
The transmittal to you of the Acccss Permit form lor your approval constitutes final action by thc Colorado
Department of Transportation pursuant to section 43-2-147 C. R. S., as amended.
CDOT Form #122 ll/99
.;
You mu!* oCtiil'IN6iiffiii-Ihffitfi*ribNQl t*drii'-j'ti6ilii,irhin the sti'tc nierridflwirvfifi[oiiTi
validatcd A,occss paitritiBiii-No'dilTo'Prot**d. Use of this permit without Transportation Departmenr's
validation shall be considered a violation of State Law.
noN
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I 100.00
irere HIGHwAY AccEss PERMIT
fi.equirsd:
l.Region
2.Appllcsnt
3.Sbl{ Accoss Soc1ion
he Permittee(s);
James & Jean SnYder
3879 CountY Road 346
silt, co 81652-9668
970-625-2529
Location:
on thc lcft (North) side of I-70 Frontagc Rd, approximately 1.098 miles wcst of intcrchange
[ccess to Provide Service to:
Acres ...........Gravel Pit: i5i .See Note Below
Note: collective traffic impacts from the gravel pits permitted under this perrnit' permit
not erceed 200 ADT-
Otner terms and conditions:
, e€ Attached Pages 2 and 3 and other Enclosures for Additional Terms and conditions'
Applicant; :
Roaring Fbrk Resources
14156 B HighwaY 82
Carbondale, CO 81623
970-963-01 10
road.
9)
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li,(sk6 copies as necessarY loc
Lo.al Authority
MTCE Palrol
lnsp€c{or
Tratfc ErEineer
CDOT Permit No.
300179
State XighwaY No/MdSIde
070A/093.930/L
01/16/200i
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MUNICIPALITY OR COUNTY APPROVAL . ..' .. - ,^-..,-- ^.,.r^-H"i#.il ;'r,i,,i""' in"
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iihmentscontained
herein. A, consrn:ction snafl be completed i" "iilrp"diiious
ano ."re *"nn",. and shall be flnished within 45 days from
lnitiation. The permitted access shall be compteteJ'in accordance *iin tlne turri ana conditil2ns of the permit prior to
being used. ,r --3 -....8: .=.-.,.i:!
ir," p"*,ru* errarf rig$rv ailah euit iylth-thi qoprtrag getr$11rffiHffifjffi'lRifte at g?oti*2260 it
r"i"ili;illi{;;r ;;ilryrc"crrp coirstructlo-n:*:"1t^.",:
ammtu caruanr hv ttre oermiired access and have tu* authority to
o,wner or legalJpFlsentative of the property served by the permiited
Thi" ft.''t'" *t vatid rlntil sig-n91!I a.d/uly authorized representative
col5RAao DEP+RrM
Access ManagerILM
r,-/y DlttrlbuUon:
ffi. *.;;ctc rnd mry not bo u-rcd
' CDOTFormll0l 8/98
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STATE HIGHWAY ACCESS PERMIT 300179
lssued to James and Jean snyder
TERMS AND coNDrrroNS
ADMTNISTF.ATION
'.\ ..'r;'r! r:'
16 January 200t
Thrs permitted access is only for the use and purpose stated in the Application and Permit. This Permit
is issued in accordance with the State Highway Access Code (2 CCR 601-l), and is based in part upon
the information submitted by thc Pcrmittee. Any subsequcnt relocation, reconstruction, or modifications
to the access or changes in thc traffic volume or baffic nahre using the access shall be requested for by
means of a new application. Any changes causing non-compliance with the Access Code may render
this permit void, requiring a new pcrmit.
The Perminee is responsible for obtaining any necessary additional Federal, State and/or CiryiCounty
permits or clearances required for construction of the access. Approval of this access pcrmit does not
constitute verification of this action by the Pcrmittee.
This pcrmit is issued in conjunction with permit 300178 and 300179. As such, collective taffic impacs
to the interchange from the three pits shall not cxceed that listed on the face of this permit.
A Notice to Proceed, CDOT Form 1265 is required bcfore bcginning the consbnrction of the access or
any activity within the highway right+f-way. Thc following items are required before a Notice to
hoceed will bc issued:
i) Constmction Plans Srimped by a Colorado Registered Professional Engineer in full compliance
with thc Statc Highway Access Code.
ii) Ccrtificate of Insurance Liabiliry as per Section 2.3(11)(i) of the Access Code.
iii) Traffic Control Plan in accordance with Section 2.4(6) of the Access Codc.
DESIGN
2.
3.
4.
5.
6.
7.
Access will be permitted to the Frontagc Road only.
The Frontage Road to this access from ttre interchange to the access shall be hard surfaced in accordance
with Section 4.7 of the Access Code, Department Specifications, and the Rcgion Materials Engineer.
All disign, construction, materials, and equipment, including auxiliary ldne(s), roadway improvements,
and intersection improvement(s) within the State Highway shall be in accordance with the following
Department standard references, as applicable:
i) Roadway Desigrr Manual
ii) Materials Manual
iii) Constuction Manual
iv) Standard Specifications for Road and Bridge Construction, Iatest edition
v) Colorado Standard Plans (M & S Standards)
vi) Manual on Uniform Traffic Cont'ol Devices (M.U.T.C.D.) for Sr'eets and Highways and the
Colorado Supplernent thereto
vii) A Policy on Geometric Design of Highways and Streets, American Associalion of State
Highway and Transportation Officials (AASHTO), latest editibnviii) Institute of Transportation Engineer's Trip Generation manual, latest edition
ix) State Highway Access Code 2 CCR 601-l
x) Roadside Desigrr Guide
The Perminee, through a Colorado registcred professional cngineer shall provide design and
construction plans addressing, as applicable, geometry, drainage, striping, signing, and signalization to
the Department for approval 45 days prior to commencement of any work for the purposes of issuing a
Notice to Proceed. Design plans shall include, but not be limited to, layout of the access, highway
improvements, utility locations, present and proposed drainage, present and proposed right-of-way lines,
present and proposed traffic control devices, and clear zone analysis. The plans shall be sealed in
8.
-2-
STATE HIGHWAY ACCESS PERMIT 300179
lssued to James and Jaan SnYder
TERMS AND CONDITIONS (cont.)
,,'..,.
16 January 2001
accordance with CRS l2-25-l l7 and shall includc thc following statement on the cover page of the
plans:
(a) "This design is in full compliance with Section 4 of the State Highway Access Code; 2
CCR 60I - I eKcept for the following approved variances:"
(b) Note: ALL plans must be submitted on 1l" x 17" sheets at a minimum scale of l" =
20'. No other plan shcet sizbs are authorized. Location drawings rnay be submitted at'
other scales as approved.
9. A traffic impact study shall be conducted and submitted in accordance with Sections 2.3(4) and 2.3(5).
Thc rraffic limitations listed on the face of this permit shall bc adhered to. Vehicle counts using the
access shall be adjusted for vehicles longer than 20 feet in accordance with Section 2.3(a)(e).
. ',
GEOMETRY
10. The access shall be constmcted 25 to 40 feet wide with radii to accommodate the minimum nrning radii
of the largest vehicle or 25 fcet, whichcver is greater. Thc local jurisdiction shall be consulted for curb,
gutter, and radii requircmcats
I 1. The access shall be eonsLn-rcted perpendicular tc the travel lanes of the S',aie Highway for a minimum
distance of 40 feet, and shall slope down and away from the adjacent pavement edge at arzte of 2o/o
grade for a minimum of 20 feet. If curb and gutter are presenti the slope shall be calculated from pan .
line to pan line. Any revisions to this requirement shall be subject to Department rerriew and approval
prior to comlnencement of any work within the highway right'of-way
12. Pursuant to section 4.10(2) of thc Statc Highway Access Code, the access roadway shall not excied a
maximum grade of l0 percent within thc highway right-of-way, as measured 50 feet bcyond the
pavement edgc and extending to thc right-of-way line. The access vcrtical grade shall be designcd and
consEuctcd in conformancc with thc Departrnent M & S standard M-203-1.
13. Slopes shall be at a 6: I ratio on the roadway and a 6: I ratio on the approach . . . .
I4. No'drainage from this site shall enter onto the State Highway travel lanes. The Perminee is requirid to
. maintain all drainage in excess of historical flows and time of concentation on site. All existing
drainage structures shall be extended, modified or upgraded, as applicable, to accommo&te all new
construction and safery standards, in accordance with the Department's standard specifications.
15. An 18-inch diameter culvert with protective end treatments shall be instalied for this access.
16. All costs associated with the installation of taffic contol devices for this access are the rcsponsibility of
the Permittee. This includes but is not limitcd to the desigrr, consEuction, utility relocation, testing of
materials and inspection.
MATERI,ALS
17. The access shail be surfaced in accordance with Section 4.7 of the Access Code immediately upon.
completion ofearthwork consEuction and prior to use. This access shall be hard surfaced in accordance:
wittr,section 4.7 of the Access Code a minimum distancc of 50 feet from the kaveled way. Where the
hard surface is to abut existing pavement, the existing pavement shall be saw cut and removed a .
minimum of one foot back from the existing edge for bituminous, or until an acceptable existing cross
slope is achieved.
18. Placement of base course materials shall be in accordance with section 304.04 of the standard
specifications. Compaction shall be in conformance with AASHTO procedure T-99.
-J -
20.
)1
STATE HIGHWAY ACCESS PERMIT 300179
lssued io James and Jean Snydcr
TERMS AND CONDITIONS (cont.)
16 January 2001
t9. The top layer of plant mix bituminous pavement shall not bc placed betwcen October I and April l,
unless otherwise approvcd by the Department.
If frost, water or moisture is present in the sub-grade, no surfaiing materials shall be placed until all
fiost; water or moisture is gone or removed.
Compaction of Hot Bituminous Pavement shall be in accordance with section 401 .17 of the
Department's standard specifications. Compaction of the Aggregate Base Course shall comply with
section 304.06.
Compaction of sub-grade, embankments and backfill shall be in accordance to section 203.07 of thc
Department's standard specifications.
CONSTRUCTION / UTILITIES
23. All construction work must be under the direction of a Colorado Rcgistered Professional Engineer and,
upon completion of the work, "as-builf' plans shall be submitted, showing in detail all approved
construction changes, modifications, and revisions. The 'as-built" plans must be sealed in accordance
with CRS 12-25-117.
24. Water, sewer, gas, elecuical, commuaication,landscaping, and telephone installations will require
individual additional permits.
25. Survey markers or monuments found in slate highway right-of-way must be preserved in their original
positions. Notify the Departmcnt at (970) 248-7220 immediately upon damage to or discovcry of any
such markers or monuments at thc work site. Any sr:ney markcrs or monurnents disturbed durini the
execution of this permit shall be repaircd and/or replaccd irnmediately at the expense of thc Permittcc.
26. It shall be the rcsponsibility of the Permittee to veriff the location of thc cxisting utilities and notiff all
utility owners or opsrators of any work that might involve utilities within the Statc Highway right+f-
way. Any work necessary to protect cxisting permitted utilitics, such as an encasement will be thc
responsibiliry of the PermitteC. Any damagc or disruption to any utilities during the construction shall
be the Permittee's responsibility and shall be repaired or replaced at no cost to the Department.
TRAFFIC CONTROL
27. All work that requires r'affic control shall be supervised by a registered professional traflic engincer or
by a traffic contol supervisor certified by the American Traffic Safety Services Association (ATSSA)
or the Colorado Contractors Association (CCA). When flagging personnel are required, the contractor
in accordance with the Departnent standards shall certiff them. .
28. Any incomplcte constuction activity on the State Highway that must bc icft ovcrnight, shall be
barricaded and signcd in accordance with the Manual on Uniform Traffic Contol Devices and other
applicable standards.
29. Open cuts, which are 6 inches in depth, within 30 feet of the edge of the State Highway traveled way,
will not be left open at night, on weekends, or on holidays.
30. No more than 6 feet of tench areas shall be opened at any one time. Open tenches and othcr
excavations within the State Highway righrof-way shall be backfrlled and/or paved before 3:30 P.M. of
each working day or be protected in accordance with the M.U.T.C.D.
3 t, Any work within State Highway righrof-way shali begin aftcr 8:30 A.M. and all work and equipment
shall be off the highway BEFORE 3:30 P.M. each day.
32, Two-way traffic shall be maintained at all times on the highway in accordance with the MUTCD and
Colorado Supplements or as otherwise approved
i
I
IE
.1-
STATE HIGHWAY ACCESS PERMIT 300179
lssued to James and Jean Snyder
16 January 20Al
TERMS AND CONDITTONS (cont.)
33. No work will be allowed at night, Satr.rdays, Sundays and legal holidays without prior authorizationfrom the Dcpartment. Thc Departmert may also reitrict wor-k within tire State Hiihway right-of-wayduring adverse weather conditions.
34. Construction traffic control deviccs, when not in use, shall be removed or turned away from traffic.
MAINTENANCE
35. DUST CONTROL: The entire lcngth of frontagc road from thc access to the intersection shall havcmagnesium chloride placed on the road surface once every two years or more often as n.""r;.y foicontrol of dust.
36. when it is necessary to remove any highway right-of-way fence, the posts on either side of rhe access
entrance shall be securely brac_ed with approved end posts and in "onfo.*"n". with the Department;sM-607'l standard, before the fence is cut, to prevent slacking of the remaining fence. All ;";;;i;
removed shall be retumed to the Departnent.
37. It is the responsibility of thc Permittcc to prevent all livestock from entering the State Highway right-of-way at this access location. fury livestock that docs entcr the highway righi-of-way shall be the soleresponsibility of thc Permittee.
38- Landscaping shall not obsEuct sight distance at any State Highway access point. In the event thelandscaping becomes unsightly or considered to be a traffic t rr"ra, The Dipartrnent may require that itbe removed promptly by the permittee and at no cost to the Departnnent.
39, lf thc access utilizes a gate, the gate shall be set back far enough from the highway so that the longestvehicle using the access can clear the roadway when the gatc I closcd.
40. Any damage to any Present highway facilities including traffic control devices shall be rcpaired
immediately at no cost to thc Deparunent and prior to continuing other work. Any mud or othermaterial tracked or otherwise deposited on the roadway shall beicmovcd daily oias ordcred by theDepartment inspector.
4 I . Areas of roadway and/or right'of-way disturbed during this installation shall be restored to their originalconditions to insure proper sbength and stability, drainage and erosion control. Restoration shall meetthe Department's standard specifications for top-soil, fertilization, mulching, and re-seeding.
COMPLETION
42. A fully executed complete copy of this permit must be on the job site with thc contactor at all timesduring the constnrction. Failure to comply with this or any otirer constuction requirement may result in
the immediate suspension of work by ordcr of the Department inspector or the issuing authority.
43. The access shall be completed in. an expeditious and safe manaer and shall be completed within 45 daysfrom initiation of constuction within State ltrighway righrof-way.
44. The access shall be surfaced immediately upon completion of earthwork conslruction and prior to use.
45. All required access improvements shall be installed prior to the herein-authorized use of this access.
46. Upon completion of the access, the applicant shall notify the Access Manager by certified mail within
10 days at:
Colorado Deparlment of Transportation
Region 3 - Access Manager
222 South 66 Street, Room 100
Grand Junction, Colorado 8150 I
E
. .
STATE.HIGHWAY ACCESS PERMIT 300179
lssuad to James and Joart Snyder' ' ' TE'RMS AND CONDITIONS (cont.)
16 January 2001
. -6-
Folder: 02429-88
PRIVATE ROAD CROSSING AGREEMENT
Mile Post 382.gg, Glenwood Springs Subd ivisionlBranch
Location: Rifle, Garfield County, Colorado
THIS AGREEMENT is made March 01,2oO7,by and between UNION PACIFIC RAILROAD
COMPANY, a Delaware corporatiou, to be addressei at 1400 Douglas Street STOP 1690' Omaha'
Nebraska 68179-1690 (hereinaftet "Li""n.#), ura LaranGE wESi, INC whose Address is 10170
Church Ranch Way, Suite 200, Westminister, Colorado 80021 (hereinafter "Licensee")'
RECITALS:
The Licensee desires the mai'tenance and use of an existing private road crossing (hereinafter
,,Road Crossing"), consisting of a private road "rorsi,,g
and all uppt,,.tinun"es thereto' irrcluding but not
limited to any gates, cattle guards, rtop rlglrs or ia#in"ation.iigns, drainage facilities' on' over and
across the Licensor's right-of-way on the cl"rr*ooA Springs Subdi-vision trackage at Mile Post 382'99'
furtlrer identified as DoT nurnber 253-57OLat or near Rifle, Garfield county, colorado' in the location
shown on the attached print rnarked Exhibit A'
The Licensor is willing to grant the Licensee the right to cross its right-of-way and ffacks at the
location shown on Exhibit A subject to the terms set forth below.
NOW, TffiREFORE, the parties agree as follows:
Articlc I. LICENSOR GRANTS RIGHT'
Tlre Licensor grants the Licensee the right to ctoss its righfof-way and-tracks at the location
shown on Exhibit A subject to the terms set forth herein and in Exhibit B and C, attached hereto and
hereby made a part hereof, together with the right of entry to control and remove frorn the Licensor's
righfof-way, on each side of tie Road Crossing] weeds ani vegetation which may obstruct the view of
m"otorists approaching the crossing area to any trains that may also be approaching the crossing area'
Article II. ONE-TIME PAYMENT.
In consideration ofthe license and perrnission granted herein, the Licensee agrees to observe and
abide by the terms and conditions of this Agreement und to pay to the Licensor a one-time license fee of
Ten Thousand Dollars ($10,000.00).
PRX 880805 (Revised APril 2005)
Standard Form APProved, AVP-Law
Article III.
Article IV.
AUDIT 2434 98
The Licensee, at its sole cost and expense, shall maintain tlte Roadway approaches and all other
Roadway appurtenances and work that will not be performed by Licensor as set forth in Article fV'
If a contractor is to do any of the work performed on the Road Crossing (including initial
construction and subsequent relocat-ion or substantial rnaintenance and repair work), then the Licensee
shall require its contraitor to execute the Licensor's fonn Contractor's Riglrt of Entr.v Agreement'
02429-88.pn Articles of Agreement February l],2007
Licensee ackpowledges receipt of a copy of Contractor's Right of Entry Agreement and understands its
terms, provisions and requirementr, und-*ill inform its contractor of the need to execute the Agreement'
Under no circumstances will Licensee's contractor be allowed onto Licensor's premises without first
PRX 880805 (Revised APril 2005)
Standard Form APProved, AVP-Larv
executing the
Article V.
A. The Licensee or its contractor agrees to notifu tlte Railroad Representative at least ten
(10) worki,g days i' advance of comme,ci,g its"work and atieast ten (10) working days in advance of
proposed perfblnalce of any work in which u"ny p".ron or equipment will be witliin twenfy-five (25) feet
of any track, or witl be n"arLnough to any track tirat any equrpment exteusion (such as, but not limited to'
a crane boom) will reach to within fw'enty-five (2S) ieet^of any track' No work of any kind shall be
perfbrmed, and no person, equipment, machinery, tool(s), rnaterial(s), vehicle(s), or thing(s) shall be
located, operated, placed, or stored within twenty-frv" (25) feet of any of the Licensor's track(s) at any
time, for ar)y rcason, ,nl"ss and until a Licensor nug*un is provided to watch for trains' Upon receipt of
such ten (10)-day notice, the Licensor Representa=tive will determine and inform the Licensee or its
contractor whether a flagman need be present and whether the Licensee or its contractor needs to
implement any special protective or safety measures. If tlie Licensor perfortns any flagging' or other
special protr"iir" or safety measures arr perfortned by the Licensor, the Licensee or its contractor agrees
tirat it is not relieved of aly of its responsibilities or liabilities set forth in this Agreement'
B. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for
an eight-hour day for the'clasi of flagmen used iuring regularly assigned hours and overtime in
accordance with Labor Agreements and Schedules in effectit the time the work is performed' In addition
to the cost of such laboi a composite charge for vacation, holiday, health and -welfare, supplemental
sickness, Railroad Retirement and unempl"oyrnent compensation, supplemental pension' E'mployees
Liability and Properfy Damage and Adrninistiation will be included, computed on actual payroll' The
composite charge u,ill be the prevailing cornposite charge in effect at the time the work is perforrned'
One and o,e-half times the current holrly .# ir paid for-overtime, Saturdays and Sundays, and two and
one-half times current hourly rate for hoiidays. Wage rates are subject to change, at any tirne, by law or
by agreement between the Licensor and its .^ploye-"s, and may be retroactive as a resttlt of negotiations
or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change'
If the wage rate or additional charges u." "hungld,
Licensee or its iontractor (or the governmental entity,
as applicable) shall pay on the basis ofthe new rates aud charges'
C. Reimbursement to the Licensor will be required covering the full eightJrour day during
which any flagman is furnished, unless the flagman "un 6" assigned to other Licensor work during a
portion of such day, i1 which event reimbursemlnt will not be required for the portion of the day duri[g
which the flagrnan is engaged in other Licensor work. Reimbursement will also be required for any day
not actually worked by the flagman following the flagman's assigrment to work on the project for which
the Licensor is required to pay the flagman and which could not reasonably be avoided by the Licensor by
assignment of such flagman to other work, even though Licensee or its contractor may not be working
duriig such time. When it becomes necessary for the Licensor to bulletin and assign an employee to a
flagging position in "ompliance
with union collective bargaining agreements, the Licensee or its
contractor rnust provide the Licensor a minimum of five (5) days' notice prior to the cessation of the need
for a flagman. If five (5) days' notice of cessation is not'g'iven, the Licensee or its cotltractor will still be
required to pay flagging charges for the five (5) duy nolice period required bf u1-i9n agreement to be
given to the ernploye", Ju"r, tliough flagging is'not required for that peri,od' An additional ten (10) days'
notice must then be given to tG licinsoi if flagging services ari needed again after such five day
cessation notice has becn given to the Licensor'
02429-88.prx Articles of Agreement February ll,2107
PRX 880805 (Revised APril 2005)
Standard Form Approved, AVP-Latv
are to be made with the Licensor's Manager of Track
are as shown:
Robert Gutien ez at 97 0'248-4
Articte VI. INSURANCE.
A. Before comtnencing
propeffy, the Licensee shall obtain
hereby made a part her-eof and to prov to the Licensorf the iusttrance policies, cedificates, binders and
endorsements described therein.
B. All insurance shall be directed to:
y Roadway construction work on any portion of the Licensor's
inru.u,r". tor".ug" described in Exhibit C, attached hereto and
Union Pacific Railroad Corn
Real Estate Depafiment
1400 Douglas Street, Mail Sto
Omaha, Nebraska 68179
Attn.: FolderNo. 02429-88
Article \rII. TERM.
This Agreement shall be e
force and effect until terminated as
Article VIII.\rISI
None.
IN WITNESS
the date first herqi
UNION P,
Director
as of the datc first herein written, and shall continue in full
lin Exhibit B.
parties hereto have caused this Agreement to be executed as of
ry
1690
.ive ,
ided
NS.
02429-88.prx Articles of Agreement February 13,2007
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DRAINAGE CULVERT l:
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WOTH OF RI
NOTES:
1) AppLtcANT To PERFoRM ALL GRAD|NG, .DRAINAT& UTIUTY ADJUSruENTS AT APPLiCANTS EXPET\
2) APPLTCANT TO REMOVE ALL IEGETA'nON FROM
OF WAY FOR 5OO' EACH SIDE OF ]HE CENIERI
I}IE CROSSING.
J) AppucANr HffinovlDE LocKrNc GATES AT R,
RIGHT OF WAY LINE,
UPRR R/W
LOCATI ON PLAN
NO SCALE
EXHIBIT ,,A,,
Y
NION PACIFIC RAILROAD COMPAN
PAViNG,PROPOSED CROSSING F'OR
la rnxa'r a){sf lrtc'
Me *2.q4
pDT- rr *7€7et-
I RICHT
OF
flffi,il ffi d,$'s.5!fr RATLR,AD owNED ffi.,
RAILROAD RIGHT OF WAY
(a) The rights granted to the Licensee are subject and subordinate to the prior and continuing
right and obligation oflhe Licensor to use and maintiill its entire railroad right of rvay' and are also
srrbject to the right and power of the Licenao, to "onrt
uct, tnaintain, repait, renew, use' operate' change'
rnodify or relocate railroad tracks, signal, cotnmunication, fiber optics tr other wire lines' pipelines and
other facilities upor-r, atong or across any or;iG; ,itaid right of t"uy, aly of which may be freely done
at any time by the Licens"or without tiauitity to t1.," Li""""" o' to u'y other party for compensation or
damages.
(b) The Licensee,s rights are also subject to all outstanding superior -rights (including those in
favor of licensees, lessees of said right of *uy, una odlers) and the rigirt of the Licensor to reuew aud
extend the same, and are granted without covenant of title or quiet enjoyment'
(c) It is expressly stipulated that the Road crossing is to be a strictly private orre and is not
intended for public ur". th. Li"",rr.", without expense to the Licensor, will take any and all llecessary
action to preserve the private character of the Road Crossing and prevent its use as a public road'
SECTION 2. MAINTENANCE AND USE.
(a) The Licensor, at the sole expense of the Licensee, shall maintain the poftion of the Road
Crossing lying between the rails of the tracks and for one (l) foot on the outside of each rail; provided'
however, that such maintenance work shall be limited to that requircd for the safe and efficient operation
of its tracks, aud such other maintenance as the Licensor lias agreed to perform on specific request of the
Licensee. The Licensee, at its own expense, shall maintain the remaining pottion of the Road crossing
and shall keep the rail flangeways clear of obstructions'
(b) The Licensee shall, at its sole expense, maintailr, repair, renew and replace. any gates' cattle
guards, drainage facilities, traffic signs or devices, identification-sig,s approved by the Licensor or other
appurtenances shown on Exhibit "-A". fne i,i""nsee shall, at its own-expense, instatl and thereafter
rnaintain auy such appurtenances that ,ruy *br"quently be iequired by the Licensor' by law' or by any
public authority havinfjurisdiction. The Licensee shall control vegetation along the right of way on each
side of the crossing so"tiratthe Licensee', fin" of sightto app.oacl,ing trains is not irnpaired or obstructed
by vegetatio,. All work performed by the t ic"nseJon the iight of wiy shall be done to the satisfaction of
the Licer,sor.
(c) The Lice.see shall rcquir.e all vehicles approaching the crossing to stop a safe distance from
the tracks befbre crossing the tracks. The Licensee'shall keep any gate affording access to the Road
Crossi,g closed and locked at all times "*""p, duri,g the time tf actuat passage Jhro.Y.gh it onto or frorn
the Road Crossing. The Licensee shall not'do, .u#", o' permit anything *1":! will or tnay obstruct'
endanger or interfere *itt , hi,rd". or delay the maintenance and op.ruiion olthe Li""t'sor's railroad tracks
oi ufplrn"nunt facilities or the facilities or equipment of^othe*lawfully using the Licensor's property'
The Licensee shall adequately supervise undioli"" use of said Road Crossing so that':^O-::?,':r':.1t"J:jfiJffi:[ilf'ffiH:;;r";il^#",i'".'' tracks or attempts to cross the Licensor's railroad tracks
when a railroad train, engine, equipment, or car is approaching ,t oc"upying the Road crossing'
PRx 880805 A
Form Approved, AVP-Law
EXHIBIT B
SECTION 1.
SECTION 3.
Whenever the Licensor deems it necessary or desirable in the furtherance of its railroad operating
requirements or for the improvemcnt and use of its properfy to modifu or relocate the Road Crossing;
EXi.ttBIT B
(a) Fiber optic cable sYstems
tlre Licensor at 1-800-336-9193 (a24
on the Liceusor's premises to be
telecommuuications cornpany(ies) in
relocation or other protection of the
PRX 880805 A
Forrn Approved, AVP-Law
(l) the Licensor shall, at the sole expense of the Licensee, modify or lrlove the portio,n of
tir" noua Crossing lying $etween the rails of the tracks and for one ( 1 ) foot on the outside of
each rail; and
rnodiff or move the remaining
All the tenns of this t shall govern the continued and rrse of the Road
Crossing as modified or relocated pu to this section.
SECTION 4.ION
be buried on the Liceusor's propclty. Licensee shall telephone
nurnber) to determine if fiber optic cablc is buried auywhere
sed by the Licensee. If it is, Licensee will telephone the
:lved, arrange for a cable locator, and make arrangeurents for
optic cable prior to beginning any work on the Licensor's
SECTION 5. INDEMNITY.
Tlre Licelsee asslnles the risk of and shall indcmlriff and hold harmless the Licensor and other
railroad companies which use the properry of the Licensor, their officers, agents and employees, against
and from any ar1d all loss, darnagis, claims, demands, actions, catlses of action, costs, attorneys' fees,
fines, penalties and expenses of whatsoever nature (hereinafter "Loss") rvhich may result from: (l ) injury
to or death of persols rvhornsoever, (including officers, agents and employees of the Licensor and of the
Licelsee, as well as other persons); (2) loss of or damage to property whatsoever (including damage to
property of or in the custody of the Licensee and damage to the roadbed, tracks, equipment or other
properry of or in the custody of the Licensor and such other railroad companies, as well as other
p-p"fy); or (3) the License"'r fuilu." to comply with any federal, statc or local law, regulatiou, or
Lnactmen! when suoh Loss is due to or arises in connection with or as a result of:
(a) the construction of the Road Crossing;
(b) any work done by the Licensee on or in connection with the Road Crossing;
(c) the use of said Road Crossilg by the Licensee, or the officers, agents, employees, patrons or
invitees ofthe Licensee, or by any other person;
(d) the use of said Road Crossing by the Licensee's successors or assigns or the officers, agettts,
employees, patrons or invitees of the Licensee's successors or assigns until the Licensee either complies
wit-h the provisions of Section 8 or terrninates the agreement as provided in Section 6; or
premises.
(b) In addition to the liability terms elsewhere in this Agreemeut, the Licensee shall indemnif,
and hold the Licelsor hannless against and from all cost, liability, and expense whatsoever (including,
witirout limitation, attorneys' fees and court costs and expenses) arising out of or in any way contributed
to by aly act or omission of the Licensee, its contractor, agents and/ol employees, that causcs or in any
waf or i"gr"" contributes to (l) any damage to or destruction of any telecommunications systeln by the
Lisensee, ind/or its contractor, agents and/or employees, ou Licensor's property, (2) any injury to or
death of any person employed by or on behalf of any telecommuuications company, and/or its contractor,
agents and/ti employees, on Licensor's property, andlor (3) any claim or cause of action for alleged loss
of profits ol. ."r"*," by, or loss of service by a customer or user of, such telecolnlnunicatiou
company(ies).
EXHIBIT B
(2) the Licensee
portion of the Road and the appurtenances thereto'
PRX 880805 A
Form Approved, AVP-Larv
(e) the breach of any covenani or obligatiorl assuured by _or imposed ou the Licensee pursuant to
this agreement, or the i"rir,]= "i;r; ilic"nsee"to promptly and fully do any act or work for which the
Licensee is responsible pursuant to this agreement;
regardless of whether such Loss is c]aused solely or contributed to in part by the negligence of the
Liiensor, its officers, agents or ernploypes.
SECTION 6.ATI
(a) It is agreed that the of any covenant, stipulation or condition herein contained to be
(b) This agrGement may be terminated by either parly on thirty (30) days' written uotice to the
other party.
StrCTION 7.LOFR
(a) Upon termination of this :ment howsoever, the Licensor shall, at tlre solc expense of the
restore the premises of the Licensor to a condition comparableLicensee, remove said Road Crossirlg
to that existing immediately prior to construction of said Road Crossing.
CH
(b) In the event of the removal of the Road Crossing as in this section provided, the Licensor
shall not be liable to the Licensee for any damage sustained by the Licensee for or on account of suclt
removal, and such rernoval shall not prcjudice or impair any right of action for damage, or otherwise,
which the Licensor may llave against the Licensee'
SECTION 8. ASSIGNMENT.
The Licensee shall not assign this agreement, or any interest therein to any purcltaser, lessee or
other holder of the property served 6y flre "rlssing or to anyother person, without the written consent of
the Licensor. If the Licensee fails to secllre the Licensor's conseui to any assignment, the Licensee will
continue to be responsible for obligations and liabilities assumed hereiu'
SECTIONg. SUCCESSORSAND-ASSIGNS.
Subject to the provisions of Section 8 hereof, this agreernent shall be binding upon and inure to
the belefit oftne parties hereto, their respective heirs, executors, administrators, successors and assigns'
EXHIBIT B
Public/CommerciaUlnd
Licensee sltall, at its sole cost and
(cxcept as otherwise provided in this
A.
not less than $5,000,000 each
insurance:
Desigrated Job Site.
o Motor Carrier Act Endorsement -
EXIIIBIT C
Union Pacific Railroad
Insurance Requirements
rial/Licensee's Grade Crossing ar, d/or Encroachment
, procure and rnaintain cluring the life of this Agreement
gieement) the following insurance coverage:
ins urance. Commerc i al general I iab i t ity (Cgl] : itt'^ :^l i*:t^',f)ura,vv! i of not less than $10'000'000' cGLand an aggregate limi r^--.- --^,,i.ri,.aoo"r.r"r"" fo.* CG 00 01 12 04 (or a substitute foitute fonn Providing
Hazardous materials clean up (MCS-90) if required by law.
occu
tso
HvrrvJ r^.-"- -^- - -
'lu"?or*u.rual Liability Railroads ISo fb,n cG 24 17 10 01 (or a substitute form
-:c^ D^:t-^^l /-nmnqn- Pronertv" aS tlfg
providing
:r"J1tJ:i#1J"i?'JiY.,Ji.g..Union pacific Rairroad companv Propertv" as the Designated
Job Site'
B. Business Automobile Coverese insurance' Business auto coverage written on ISO form CA 00
0l (or a substitute form providi,g equivaleni tiuUitiry coverage) with a coinbined single limit of not less
$5,000,000 for each accident.
The policy rrust contain the following endorsements, which must be stated on the certificate of itrsurance:
o Coverage For Certain Operations In Counection With Railroads ISO form CA20 70 l0 01 (or a
substitute forrn providing equival"ni .or"ruge) showing "Uniolr Pacific Property" as the
c. umbrella or Excess insurance. If Licensee utilizes umbrella or excess policies' these policies
rnust,,foltow forrn,, urJ uffond no less coverage than the primary policy'
Other Requirements
D. All policy(ies) required abote (except worker's. compensation and employers liability) must
include Railroad u, "Additional l,sured" ,rir-,f iSO Additional i,sured Eudorsements CG 20 26' and CA
20 48 (or substitute forms providing "qrrir;*i core.uge;' The coverage provided to Railroad as
additional insured shall, to the exte,t provid"J under lSd Adclitional Insured Enclorsement CG 20 26'
a,d CA 20 48 provide coverage for Raihoad', nr!tig"n"" whether sole or partial''active or passive' and
shall not be limited by License-e's liability under the indemnity provisions of this Agreemcnt'
E. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate
of insurance), unless the law governing tfri. Ag.**ent proliibits all pu.itive darnages that rnight arise
under this Agreement.
F. Licensee waives all rights of
damages against Railroad and its
the certificate of insurance.
G. Prior to enteriug uPon Rai
insurartce, executed by a duly a
insurance requiremcuts in this
H. All insurance policies n,ust
or with a curreut Best's Insurance G
covery, and its insttrers also waive all rights of subrogation of
officers, directors and employees. This waiver must be stated on
properry, Licensee shall fumish Railroad rvith a celtificate(s) of
:d rlpresentative of cach insurer, showing compliance with the
business in the state(s) in which the is to be perforured.
I. The fact that iusurance is
deemed to release or diminish the li
indernnity provisions of this
pafly will not be lirnited by the amount the required insurance coverage.
written by a reputable insurance company acceptable to Railroad
ide Rating of A- and Class VII or better, and authorized to do
red by Licensee, or by Railroad on behalf of Licettsee will not be
lity of Licensee, including, without limitation, Iiability under the
t. Damages recoverable by Railroad from Licensee or any third