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HomeMy WebLinkAbout1.0 ApplicationG!1nF 1 ELD coui~·TY DE P?,RTJ'.E l\T u:r· Ut-\' LLVI "'--" ~ SPEC JAL/C .17101~.h.L USE p[R MJT Jl~SP rr TJOJ~ fOi\11 • • Date ~a __ £_ i(' '/ ________ _ Inspec tor ___ E c~ ~.£;;>--~---------- n a me of Operation: __ $I--=--t_r__r.-U_V ~-~L--~L-t--_L!.f_7.._:·· . ... .... Contact Person: ----------------------~-- Phone J~umber: --------------------------- A a ares s: ------------~£2~ ___ 6.t.O-fL_,LZZ---<Zn±------, ----------~D -iJ~------------ Notes on compliance or non-coDpliance w/R eso lution ~ _ _L{rcJ£J~ a :1 d/ or Permit ~. _/Q-2-=._: (Refe r e nce com~ents by condition ~) County Planning and Zoning 2014 Blake Ave. Glenwood Springs, Colorado 81601 Attention Mr. Bud Milner County Building Official Gentlemen: I 70-1(39) West of Rifle to Rifle Clough Pit This letter is your notice of my consent to allow the Department of Highways, State of Col o rado, to make application on my behalf for a Special Use Pennit to operate a borrow pit on my property as described in the Option to Buy Material between myself and the Department of Highways dated May 15, 1973. Very truly yours, \J51C ,.) :__ w.7!:t/ WFC/bh cc; Departinent of Highways Owner • ~--r. //, //7Lf I Date , • I 70 -1 (39 )89 • •• '.-/est o:f.' Rifle to :.:iifle STATt:.. Oi::.PARTM ENT 0 l-HIGHWAYS CHAS. E. SHUMATE .. EXECUTIVE DIRECTOR STATE OF COLORADO ,,-------~. DISTRICT 3 DIVISION OF HIGHWAYS E . N. HAASE CHIEF ENGINEER / _,,,. \.,, 7 R. A. PROSENCE DISTRICT ENGINEER ......, __ _,.. P.O . BOX 2107-606 SO. 9TH ST. • GRAND JUNCT I ON, COLO. 81501 • (303) 242-2862 County Planning and Zoning 201t~ Blake Avenue Glenwood Spring s, CO 81601 Ge ntlem en : J anuary 30, 1974 In compliance with county zoning re gulations for Special Use Permit in an Ag ricul tu ~al/Residential/Rural Dens i ty District, a pplication is hereby re- quested for a permit to extract materials to build roadway from materials :pit r'l.esig nated as the w. F. Clough Pit. As per section 4 .03.07 (Industrial Operations) of the County Zoning Resolution : I..Dca tion of area for which applied - D-~s crio e'.l. on the attachen "A greement ", both as a map and a legal n es cription. Scope of work - To incluie removal of materials from loc ations as described on pit ske tch es . Material to be used for construction of Interstate Project I 70 -1(39)89. Sequenc es of work performed by contractor will be as '1esignated by the Divi sion of Highways, as authorized in the Standard · Spec ific a tion book, under Section 105. Schedule of construction - Starting date subject to awarding of contract and weather conditions . Tne contract was awarded January 10, 1974 and the work to be completed within 200 working days after contract time starts . All work by forces governed by this contract shall be in compliance with all applicab le l aws and regulations of the County, State and Federal Governments, as aescribed in the Standard Specification book under Sections 107.01 -Law to be Observed; Section 107.23 -Air and Water Pollution; and/or all other Section of the Specification book that pertain. (Continued ) County Planning and Zo ni ng Glenwood Spring s, Colorad o -2- Plan fo r reh a bilitation of area as described above: January 30, 1974 Thi s are a will includ e extraction of mate rials and other mov emen ts of eq_ui prne nt in Pit P.rea as o es ignater'! on Pit Sketch . Th e cont r a ctor shall confine his activities and equipme nt within the limits of t h e pit . 'I.hese limits will be so marked prior to construction opera tions . Th e top s ix i n c h es of soil, includin~ any brush, shall be stripped from th e pit and stockpiled. wn en the pit operation is completed , this material is to be placed uniformly over the pit s lopes and the pit floor. Tn e irrig ation ditch on the south side of the pit is to be left in place a nr'! not disturbed . Any (!itches crossed with the haul route will have a minimum 24 inch pipe ins talle d ; the pipes to be left in plac e . Th e hau l route shall be cons tructed in a ma nner which would not obstruct t he dra i nage which passes thru the railroad bridg e. The northerly pit limits will be ten (10) feet from the railroad right of way, which is fifty (50) feet from the centerline of the tracks. Tne pit slopes will be no steeper than 2:1. Tne pit will be excavated to elevation 5250 feet. After completion of all operations within the limits of the pit the De p a rtment will require the contractor to leave the entire area in a n e at condition. F i nal cle aning up and protection and restoration of property and landsc a pe as describ e d in the Sta ndard Specification book, Section 104.06 and Section 107.12 will also be applicable in their entirety. All rehabilitation plans, as stated above, are in agreement with property owners. One copy of the Standarr'i Sp e cifications for Roa d and Brir'!g e Con s truction, January, 1971 edition, has been submitted to the County Zoning Office for reference. -,-,~;, ~· .. t~ mo ~·.~:-~; L .-J\'-l • Very truly yours, R. A. PROSENCE DISTRICT ENGINEER R. Po Maston District Mat e ria ls En g ineer By vJ/, L~, fu~ N •• eed Ass nt Hi ghway Engine er .,. ·"-. • • IMPACT STATEMENT Location: s~rf. SEt s_wft-Sec. 13, ani the Nwt-Nwft-anrl Nwft-NEft-Nwt lying north of the present main channel of the Colorar'lo River in Sec. 24, T. 6s., R. 94w., 6th P.M. 'Tu.is area is brushy River bottom lanr'l adjacent to State Highway Project I 70-1(39 )89. Scope: 'lhe top six inches of soil, including any brush, wi11 b e s tripped from the pit area and stockpiled. Borrow ma teri a l will be excavater3. from the pit, usinG whatever equipment is necessary. The pit will be excavated to an elevation of 5250 feet. Material strippe rl from the pit and stockpiled will be sprearl uniformly over the pit slopes and the pit floor. 'Tu.e haul route is through private property, but will be constructed in a manner that will not obstruct drainage which passes through the railroad bridge. Design ani Construction Schedule 'Ihe quantity and quality of this material has been determined suitabl by the Highway Department. Construction Schedule is estimated to be: Stripping anrl Stockpiling: Excavation and Hauling: Placing stockpiled Material on slopes and floor of pit: 10 Days 120 Days 10 1)3.ys .. ' ... . • ..... . . ,,., " . ·. ?1 f~1 .,,... L: ..J:.. J, \., ~:OTI C~ S~~tc De~~~~~~~ of ~i~~w~ys • u 2!..~J.S:: TA:<:. ~;OTICE THAT :i::.vi.si.o;;i 0£ Hi.g :1¥1oys, s~a~e o~ Colo::~Gv l;c:~ C:;:ipliec to the Soarc of County Co:::;;iissio::ers, Gc;rfie1d Coun'i:y, .-S-c-ate of Cc.ic1aco, to grant a special use in connection with the following cescribed ;JiO;:Jerty situ<'.lte in the Cour.ty of Garfield. State of Colorado, to-wit: .. .. . -----------···--·--··--R-frt_s . oi' the Si.'l 1/4 SE 1/4 S.'i 1/4~ _and tb.9--:Nffi/4-in~J -l/4 and the Nl'I 1/4 NE 1/4 NI'/ 1/4 lying noxth of the present ma in cha nnel of .the Colora do, and south of the D. & R.G. \'l. Railroad iU Sec. 24, T. 6S. • R. 941'l., _6.th P.M •. .. <:: -. .; .J ..., c. ..... .I'·- .. ·. . . ... . . , ' •. .. •. .. .. . - ... ··'· ..... .. . \ ~ ....... ··:· ' .. . . .·~ . .. ' .. ' • ·': t ... . : ~; . . . -. . ... . .. •, . · .. ·:ti'. ::·:·· .. ·:·· ._,. ·.· . ... , • 1•' . ....... . "' .. : . -· ·, .. · .·· ..... •·. · .. ~ ••• : . t· : ...... .'· : • ·.·• ... ,. . . . ·: \. . . . ~· . ··:. ·\ .. ~.--.. .... .' .. " ~ .. ·-·~~ , ;· .1,/ ._:,,.~·: . ..i _.:_ ....... -·-•. ..~ •.' ... · . .· . ... special. use is to permit the petitioners. TQ e~:tra ct nety;rnJ. r~sou;rces; '· ...... . :/ .. '· '· ' "!: --~ --,~~ -nnd Grav~i -) . ' . .... ... .... .:-• .. ' o~ the above described property. T:-:at puJlic hearing on the application for the above special use has been set . ·=-... ;.\.,-" /911 d"y o.c 6 1 -· A D 19 ")4· _ .... ""he hour o.c ;r -< d.11 "'''"' . '-' I J"h l"VtltY ]/ • •) / , <ll.. I. I .. /u· :·:. in ~he office of the Board of County Co;r.11issioners at the County CotArt J--;owse •. G1enwood Springs, ·Co1_orado •. '. ·.. · · · ' . . . . . .. .. 1 . ' ~ . ·: '· .•.. : . . .. .. .. ..... -.:··· . . . ";="\';--------,::---·,--·c-c--:-· c j .· I ' . ·e ; , a g t.epner:i9 ·,. " eA Cour.ty Co ;;;:;-;1 ss ~one •• G.3.rfieid County .• ~ ...... ~ : . ._ ~~ I ~ ;. ~ ~ e e COLORADO DIVISION Of MINES ''.lo r rnc;n R. Blake Do puty Commiss i oner of Mines DEPARTMENT OF NATUR.A.L RES OU RCES 1845 Sherman Street, Denv er. Colorado 80203 Telephone 892-3401 John D. Vanderhoof Garfield County Commissioners Court House Annex Glenwood Springs, Colorado 81601 Ge ntlemen: March 26, 1974 On February 5, 1974 Date we received an application for a permit to operate an open mine from State Department of Highways Company & Location Grand Junction, Colorado for the purpose of mining sandy, silty soil with some rock Mineral A copy of the Governor appli cation i s enclosed. Additional material is available for your informa- tion at our office. The area affected by this application is described as Part of Sec. 13, and that part of Sec. 24 lying north of the present main channel of Legal Description the Colorado River, T6S, R94W, 6th P.M. Would you kindly confirm the zoning of the above described area on the second copy of this letter and return same to us. Thank you for your consideration. Yours very truly, C~RA):.O DIVISION ~F MIN:~ L;Zo-11;tcC J/J]d1cz_ Norman R. Blake Depu t y Commissioner of Mines April 5, 1974 , the are a described as Part of Section 13, ~--''--~D-a_t_e~~~~~ As of and that part of Sec. 24 lying north of the present main channel of the Colorado Legal Description River, T. 6 S., R. 94 W., 6th P.M. i /:·/ / i' is z on ed Agricultural / Residential I Rural Density Zoning and the minin g of sandy, silty soil with some rock 1nera1 (is) ~~ permitted herei~. by special use permit. • LJ\ND m:cr.M1XJ'1 ON i\OJ\I rn • Dcparbncnl of Natural Resources l /U-l\j';I) West of Rifle -. Rifle Clough Borrow rit :iom 21)·, 184'.i Slicnnan St. cnvcr, Colorado 80203 Tclepl1onc: 892-]t+Ol \. B-1 ~icnti.on for P0rr.iit to Orcc-.::i tc Open Mining 1. Nnme of operator State Department of Hi 0 hwavs ~~~-=-~~_c:.-"-~~~~~~~...,_~..._~~~~~~~~-,--~~-,.~~~~ Division of Hi ghways State of Coloracio (If oper.::itor is a partnership, please list nmne and address of each partner and s t;itc wi1e thcr t he partnership is a limi te<l or general r~rtncrship. If o perato r is a corpor~tion, give the exact nilr.1e of the corporatio:1 as it is on file with the Secretary of State, the address of the corpo r.:;.tion, the officers of the corpor~tion, t h e agent for service of process in the State of Colorado and the state of incorporation.) 2. Addresses of general office and local of fi ce: General office 4201 East Arkansa~ Avenue, Denver, CO 80222 606 South 9th St., Grand Junction, CO 81501 Person in charge ~~~-~~~-~-~----~-~~~-~~~ R. P. Hoston Phone __ 2_4_· 2_-_2_8_6_..2_ 3. Legal description of the area of land to be affected by the proposed operation: SWt SE.t sw.t Sec. 13, and the NW.t NW.lz; and NW~ N E~ t·IW~ lying north of the present main channel of the Colorado River in Sec. 26., T. 6 S., R. 94 W., 6th P.H. as shown on the at t'ached map. 4.. a. Number of acres to be affected 8 .18 Acres ~~~-----~~~---~-~----~-- b. Date for which pennit approval is sought --~---~-~~~~---~~~- January 31, 1974 5. Names and addresses of o;mer or o~ners of the surface of the area of land to be affected by the operation: William F. Clough 302 East Fifth Street Rifle, Colorado 81650 6. Names and addresses of the owner or owners of the mineral rights: William F. Clough 30 2 East Fifth Street Rifle, Colorado 81650 7. Substance to be mined Sandy silty .soil with some roc k . ~-~-~---~~-~~--~---~~----~----- 8. Source of the applicant's legal right to enter and open mine on the land affected by the permit: Option between Wi lliam F. Cl o11gh and the De partcne nt of High,Jays; State of Colorado, dated Nay 15, 1973. (Plca~e attach copy of cccucent giving ~pplic~~t such legal right) ;-1 9. Li ut: n11d iclcnl! [y by number nnu land nrcn n11y state pcnnit!J "Which arc prc!;enLly \1eld or l1<1vc bce11 l1clJ in tile p;1:;L· l>y ;ipplic.:int or nny person 01· lq;al coliLy 11HilL.1Lecl or <1S!:ocialccl '.Jith npµlicanL: None 10. Give a detailed description of the method of opQration to be employed in the open nining: - The top six inches of soil and bri..!sh Hill be stripped from the pit and stockpiled. LC i.s pr esumea cne macen.at wi11 oe excav~->ted :trom tt1e pit using high spe~d scrapers . The pit will be excavated to the elevation state d on the option (5250.0'): ?it slopes sna.L.L oe no s 1...eeper tl1<.1n l.: l. 'l:1e stockp:t.!.eu top i.J .. or soii anc on1sn shal L De u niformly spread over the slopes and floor of the pit after excavation is complete. 11. Size in acres of the area or areas to be ""'Orked at any one time by applicant: 8. 18 Acres 12. Set out a tine table giving the periods of time which will be required for the various sta8es of the operation: THE FOLLOWING ARE ES.TIMATES ONLY: Strioping ·too 6 11 of soil and brush:· 2 Davs Excavating and hauling soil a nd rock: 2 Month s Dressing slopes to no steeper than 2:1 and g ra ding nit area: 2 Davs Placing stockpiled soil and brush unifomlv over pit slooes and floor: 3 Davs 13. Attach ti;..'O copies of an accurate map of the area affected by the opening mining which map shall include, but not be limited to, the following: a. The mnp shall be made and certified to by a registered land surveyor, professional engineer registered in the State of Colorado, or a qualified person. b. Identify the area on the map, with colored ink or some other manner, which corresponds with the application. c. Indicate adjacent deep mining and adjacent surface owners. · d. The map shall be to a scale of not less than one hundred (100) feet to the inch and not to exceed six hundred sixty (660) feet to the inch. e. Indicate the na~e and location of all creeks, roads, buildings, oil and gas ~ells and lines, and power and co:r;munication lines on the area of af fecled land and within two hundred (200) feet of all boundaries of such area. f. Indicate the total area to be involved in the operation including the area to be mined and the area of land affected. g. Indicate the topography of the area with contour . lines of sufficient detail to portray the direction and rate of slope of the la..<d in question. h. Indicate the general type, thickness and distribution of soii over the area in question. i. Indicate the type, character, and density of present vegetation covering the area in question. -2- " . ;:. .. • • •. 1-1 j. lnul~nle Lh c uc.anJ tldd·.n<~S'l of t11c conl, Sc. G1':1Vcl, qu;1rry llf;f:rcr,ntc, or 1 lone u~icJ [or con~>lructicrn pL '.;c:i, to be rnineJ anJ the l:l1lck11c~:.i n11l1 type of Lhe ovcrliurdcn lo lie rc·.movc<l . k. Inclicntc the exrectccl phy~icnl appcnr.:incc of the area to be miucd nnd the nrca of land affected, corrcl;1lcd to the ti111ctablc required herein, 14. Perr.ii t fee: A fee of fift y dollars ($50.00) plu s fif tee n dollars ($15 .00) for each acre or fraction thereof of t he area of land to be affected by the operation must accompany this application. $ (A.~ount o f ~o ney su b~it ted) 15. Bond: A bond r:>ust be submitted to ge ther with Board Fonn 2. (Yo u will be advis ed in writing of t~1e amount of the bond after this application has been re v i ewed .) a. The bond must be payab le to the State of Col orad o. b. The bond must be conditioned upon th e operator faithfully perfonnin g all requirements of Chapter 92, Article 1 3 , CRS 1963 as 2mended . c. The bond shall be si gned by t he operator as principal and by a g ood and sufficient corporate surety authorize d to do business in the Sttlte of Colorado. d. Said bond must be su bmi tted with the application unless the Land Reclamation Board authorizes the operator to use on e of the alterna- tive plans set out in Section 92-13-8, CRS 19 63 as ame nd ed . 16. A land stabilization and reclamation agreement may also be r equi red pursu a nt to the provisions of Sect i on 92-32-5, CRS 1963 (19 69 Penn. Cum. Supp.) 17. County or city zoning Agricul t ural -Residential -Rural Density ~~~~~~~~~~~-.-~~~~~~~~~~~~~~~~~~- a •. Does this zoning classification allow Bining? Yes S* No *Permit required from Count y Plann er; ?ennit a p pl i ed for . 18. This application, map, permit fee, bond and other information should be submitted to: LAND RECLAl-lt\T IO N BOARD Colorado Division of :-1ines Room 215, 1845 Shennan Street Denver, Colorado 80203 Telephone: 892-3401 t< p Signed by ~~~~-.,.,.R-.-.,P-.-.-~[~o-s_t_o_n~~~~~~~ Phone 242 -2862 -3- . ' . ../ Title Dist rict ?-'.aterials Engir.eer Dat e January 31 , 1974 ' , . ' r 70-l(i2)(3cr_) Book 444'· Page 452 .... Recorde d at 2:42 P.M. Reception No. 25 8 33 6 May 17,1973 Re corder. . ~tephens, h Ella 0 / Rifle -East & West AGREEHENT , THIS AGREEMENT, made and entered into this /~-:;-·i;) day of le 41 '/'::;.; jj <,! 41(1 I ' tzc./ s/J;/JJ /)).1 .. / A.D. 1973, by and between WILLIAM F. CLOUGH, 302 East Fifth Street, Rifle, of Garfield County, Colorado, hereinafter referred to as the "Owner", and the DEPARTMENT OF HIGHWAYS, STATE OF COLORADO, hereiriafter referred to as the Department. (The tenn "Department" shall be construed to include Depart- ment employees, agents and contractors.) WITNESSETH TR.<\T: WHEREAS, the Department desires to obtain construction materials of satisfactory quality and quantity for use in construction, improvement and maintenance of its highways, which material is available from land owned by the Owner, as hereinafter described; AND WHEREAS, the Owner is willing to sell a stratum of a parcel of his land on which material of the type the Department wishes to obtain is situate; NOW, THEREFORE, IT IS AGREED BY THE PARTIES, AS FOLLOWS: That WILLIAM F. CLOUGH is the owner in fee simple of the surface of a tract of land situate in Garfield County, Colorado, described as follows, to-wit: SW~ SE~ SW~ Sec . 13, and the NW~ NW~ and NWt NE~ NW~ lying north of the present main channel of the Colorado River in Sec . 24, T. 6 S., R. 94 W., 6th P.M. as shown on the attached pit sketch which is a part of this Agreement. That the Department has dug test holes, examined and tested the material on said stratum of land to a depth of 12 feet beneath the surface of an area mapped and designated by the Department, a copy of which map is attached hereto as Exhibit "A". Said map and the legend ther:eon show the area which is the subject matter of this contract and the proposed haul road therefrom . Compu- tations of the Department , concurred in by the Owner , indicate that there is a minimum of 114,000 cubic yards in said surface stratum to a depth of approxi- mately 1,2 feet . If any material whatsoever is removed by the Department from the· Owner's property described herein under the tenns of this Agreement , the Dep a rtment agrees to remove the quantity described above and to pay for said material the sum of FOUR THOUSAND, FIVE HUNDRED SIXTI AND N0/100 DOLLARS ($4,560.00). If no material is removed , no payment is due the Owner. Payments are to be based on •,tV' I .I e ~tAA~ 3 '~\ \.;iJ -2- Book 444 Pa ~e 453 engineering estimates made by engineers of the Department every month, and the Department's Contractor is to pay on the 20th day of the following month for material removed at the rate of four cent s (4i) per cubic yard of common borrow in place. The Contractor shall retain ten (10) percent of the money due the Owner until final yardage is measured by the Department. The Department is to remove said 114,000 cubic yards of common borrow within a period of two (2) years from this date. Month l y payments are to be credited on said purchase price when received , and any balance remaining shall be paid at the end of the two year period. If removal is begun, but not completed, during the original 2-year period, .conrrnon borrow up tq 114,000 cu. yd. may be removed at no further cost after being paid for as described above. The Owner shall be paid for any common borrow removed in excess of 114,000 cubic yards during the original 2-year period , at the rate of four cents (4i) per cubic yard of common borrow in place. The Owner hereby agrees to renew this Agreement for a second 2-year period after the end ·of the original two-year period if it is deemed necessary by the Department . Price of common borrow on any renewal agreement shall be subject to negotiation, Said surface material is to be removed in accordance with the conditions indicated on said plat and, also, the conditions attached hereto and made a part hereto as page 4. The Department and its assigns shall have the right of ingress and egress to and from the subject premises and to erect any temporary structures, such as screening and crushing plants and asphal t plants; and to employ any reasonable methods for removal of material. After the Department has completed its removal operations, it will leave the premises in a neat condition. This Agreement is for removal of material for use on Department projects and maintenance only, and removal by any other pe r sons, including the Department 's Contractor or contractors for any purpose other t han as herein provided , shall be under a separate agreement with the Owner and only with written approval of the Department. The Owner reserves all minerals, including oil and gas and lodes or veins of minerals in place which may be in or u nder the above-described stratum of said lands. ., . Boo ~ lt44 Page 454 -3- It is understood and agreed that, upon the letting of a contract by the Department to a contractor for the construction, improvement and maintenance of highways, the Department shall assign to the contractor all its right, title, and interest under this instrument insofar as the same shall be applicable to the projects let to the contractor, and the contractor may reassign such agree- ment to subcontractors working on said projects. The Owner hereby warrants that he has good title to the above described premises; that he has the lawful right to grant this Agreement, nnd that he agrees to hold the Department harmless from any and all claims from others assert- ing any interest in the subject land. ADDITIONAL CONDITIONS: See attached sheet which is part of this Agreement. •.:v · I DEPARTMENT OF HIGHWAYS, STATE OF COLORADO 1<.P.~ By: -~~~::::~==-- Title: District Materials Engineer Distribution: Original -Staff Design 1 -Owner 1 -Staff Materials ~ -District Construction Engineer ../'1 -District Materials Engineer • W. F. Cloug_h (Owner -Insert as appears above) By: ~.~r~~ .. • ... •• •1 iJ1 • " I ADDITIONAL CONDITIONS W. F. CLOUGH PIT AREA NO. 1 DRY TERRACE PIT -70-1(12) ~ifle -East & West Book 444 Page 455 1. The pit limits will be established (staked) by the Department. 2. Tho Contrnctor .!3hnll confine his e.c:tivieiea rtnel ~quip m ene within th'1 limits of the pit and the haul road as shown on the pit sketch. 3. The top six inches of soil, including any brush, shall be stripped from the pit and stockpiled. When the pit operation is completed, this material is to be placed uniformly over the pit slopes and . the pit floor. 4. The irrigation ditch on the south side of t h e pit is to be left in place and not disturbed. 5. Any ditches crossed with the haul route will have a minimum 24 inch pipe installed; the pipes to be left . in place. 6. The haul route shall be constructed in a manner which would not obstruct the drainage which passes thru the railroad bridge. 7. The northerly pit limits will be ten (10) feet from the railroad right of way, which is fifty (50) feet from th e centerline of the tracks . 8. The pit slopes will be no steeper than 2:1 . 9. The pit will be excavated to elevation 5250 feet. 10. The Contractor shall pay the property owner for all material removed. Payment therefor shall be in monthly installments; each monthly payment shall be based upon the quantity inclu ded i n the Department's progress estimate for the preceding month , and the same shall be made on or before the twentieth (20th) day of each month. The Contractor shall retain ten (10) percent of the money due the prope rty owner until final yardage or tonnage is determined by the Departmen t. 11. This agreement is not a guarantee that this pit will be used by the Depart- ment's Contractor. 12. After two years from the date of the signature of this agreement, the agreed prices for common borrow will be adjusted by means of a rider to · meet the average prices being paid by the Department for this type of material in the Rifle area, In no case shall the adjusted price be less than shown on page 1 of this Agreement . .;· · .. ' .... •.i I : . · ... ~ · .. ....... · ; . ~ ,'. . -. ; \ '~ \;.\ \ I \ \. \ ~·. : ::~ . : ... .. ..... ~ . .-- -.· -· !' I :·· ···-~--· .; '.:_-. ----. ··.·.····.· I .. _.-,, ·-~ ~\~ - ,.f.·:..--·-... ' ------~-,.. ...... -: ··--" . . . ..... ~· .. . -~:'.:~~-:;·~::~;.::{; - , -~· . -----:_.,. . :;.;;;.,~::.-::. .;::...~·;·. ~ -·· ;.-...:. -~ -:.::::;:.::.. .... ·::_ ...... ~-. • . • · ... • ~ "-f . :.:. ,•'.'" . ~ . . . ' ....... -... - . -;'·.:.· ....... -.. . ----' : • L .. _~ • ':_,·::-• ':·· _._,., • . -·· ..... ·.:- I ·-; ··· .. r • ·-·~·· J'.