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Home My WebLink About1.0 ApplicationGarfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com TYPE OF APPLICATION . ,... • Administrative Review • Development in 100 -Year Floodplain • Limited Impact Review ❑ Development in 100 -Year Floodplain Variance • Major Impact Review • Code Text Amendment El Amendments to an Approved LUCP • Rezoning • LIR t►.' MIR • SUP 81502 • Zone District ■ PUD ■ PUD Amendment • Minor Temporary Housing Facility • Administrative Interpretation • Vacation of a County Road/Public ROW • Appeal of Administrative Interpretation • Location and Extent Review • Areas and Activities of State Interest • Comprehensive Plan Amendment • Accommodation Pursuant to Fair Housing Act Mailing Address: P 0 Box 3609 • Pipeline Development • Variance ❑ Time Extension (also check type of original application) INVOLVED PARTIES •='::.:: Phone: ( 970 Owner/Applicant Name: Oldcastle SW Group, Inc. ) 243-4900 Mailing Address: P 0 Box 3609 City: Grand Junction State: CO Zip Code: 81502 E-mail: jburkey@aldcastle-material5.cox Representative (Authorization Required) Name: Jason Burkey Phone:(. 970 ) 243-4900 Mailing Address: P 0 Box 3609 City: Grand Junction State: CO Zip Code: 81502 E-mail: jburkey@oldcastle-materials.com PROJECT NAME AND LOCATION Project Name: North Bank / Mamm Creek Pit 217713200300 / Assessor's Parcel Number:- 217712400301 / - 217714100121 / - 217712200515 Physical/Street Address: 3495 346 County Road, Rifle, CO 81650 Legal Description: See attached Zone District: Property Size (acres): PROJECT DESCRIPTfQN ': `• . . Existing Use: Gravel Pit Proposed Use (From Use Table 3-403): Description of Project: Amend current gravel pit hours of 7:00 a.m.-8:00 p.m. six days ner week to allow transport of material from the pit to the CDOT Grand Ave Bridge project which would allow work during nighttime hours and potentially 7 days ner week, 24 hours ner day from August 2017 through November 2017. REQ,1I' SJ f 0R:*AWE • :Y Submission Requirements 0 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards The Applicant Is requesting a Waiver of Standards per Section 4-118. List: Section: 7-1001.H Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. Signatte a of Property Owner 75//x' Date / File Number: Fee Pald:$ Legal Description: PARCEL 217713200300 Lot 5 and the SEX SE X and Lot 6 in Section 12, and the NW Y. NE ''4 and lot 1 and the NE Y. NE X of Section 13, all in Township 6 South, Range 93 West of the 61h P.M. EXCEPT a tratt of land located in the NE '4 NE'''4 Section 13, Township 6 South, Range 93 West of the 6'h P.M., more particularly described as follows: Commencing at the SE corner of said NE X NE X Section 13, thence northerly along the East line of said NE X NE X Section 13 a distance of 600 feet; thence West a distance of 225 feel; thence South a distance of 600 feet more or less to the South line of said NE X NE'''4 Section 13; thence easterly along the South line of said NE X NE, Section 13, a distance of 225 feet more or Tess to the point of beginning. EXCEPT all that portion of the following described parcel situate southerly of the southerly right of way line of interstate 70 which right of way line is the southerly boundary of the parcel described In Book 468 at Pages 266-68, Garfield County records: Lot 5 and the SE K SE X and Lot 6 in Section 12, and the NW X NE X and Lot 1 and NE X NE X of Section 13, all In Township 6 South, Range 93 West, 6'h P.M., EXCEPT that parcel described In Book 468 at Pages 266-68, Garfield County records; and EXCEPT all that portion of said parcel conveyed to the Colorado Department of Highways and being the right of way for Interstate Highway No. 70 and related structures. TOGETHER with that parcel described In Quit Claim deed recorded at Reception No. 732593 and that parcel described In Book 1092 at Page 163, and more specifically described as a parcel of land situate In Lot 5, Section 12 and Lot 1, the NW X NE X Section 13, all in Township 6 South, Range 93 West of the6th P.M. more particularly described as follows: Beginning at a point on the northerly right-of-way of Interstate 70 (frontage road) whence the East X corner of said Section 13 bears South 51' 25' 58" East 2910,10 feet; thence the following four courses along said right-of-way South 76' 33' 00" West 318.84 feet; thence South 77' 03' 30" West 294.70 feet; thence 1037.27 feet along a curve to the right, having a central angle 01 10' 33' 25", a radius of 5629.60 feet of which the chord bearing is South 83' 33' 00" West 1035.80 feet; thence North 89' 57' 30' West 175.53 feet to a point that intersects the southerly meander line of the Colorado River; thence the following seven courses along said meander line North 70' 30' 00" East 291.98 feet; thence North 30' 20' 00" East 644.16 feet; thence North 57' 12' 00" East 95.70 feet, thence North 44' 50' 0D" East 254.76 Feel; thence North 65' 05' 00" East 211.20 feet; thence North 45' 26' 00" East 120.12 feet; whence the North J4 corner of said Section 13 would bear North 89' 52' 17" Eat 297.00 feet; thence continuing North 45' 26' 00" East 297.00 feet; thence North 62' 15' 00" East 326.83 feet; thence leaving said meander line South 08' 00' 00" East 1174.86 feat to the point of beginning. Said parcel of land Contains 27.92 acres more or less. PARCEL 217712400301 Lot 5 and the SE /SEX and Lot 6 in Section 12, and the NW X NE '. and lot 1 and the NE''/. NE''/. of Section 13, all in Township 6 South, Range 93 West of the 6'h P.M. EXCEPT a tract of land located in the NE / NE Section 13, Township 6 South, Range 93 West of the 6'h P.M., more particularly described as follows: Commencing at the SE corner of said NE / NE % Section 13, thence northerly along the East line of saki NE X NE / Section 13 a distance of 600 feel; thence West a distance of 225 feet; thence South a distance of 600 feet more or less to the South line of said NE X NE '''% Section 13; thence easterly along the South line of said NE / NE, Section 13, a distance of 225 feet more or Tess to the point of beginning, EXCEPT all that portion of the following described parcel situate southerly of the southerly right of way line of Interstate 70 which right of way line is the southerly boundary of the parcel described in Book 468 at Pages 266-68, Garfield County records: Lot 5 and the SE Y, SE % and Lot 6 in Section 12, and the NW X NE X and Lot 1 and NE X NE f: of Section 13, all in Township 6 South, Range 93 West, 6th P.M., EXCEPT that parcel described in Book 468 at Pages 266-68, Garfield County records; and EXCEPT all that portion of said parcel conveyed to the Colorado Department of Highways and being the right of way for Interstate Highway No, 70 and related structures. TOGETHER with that parcel described in Quit Claim deed recorded at Reception No. 732593 and that parcel described in Book 1092 at Page 163, and more specifically described as a parcel of land situate In Lot 5, Section 12 and Lot 1, the NW X NE 4 Section 13, all in Township 6 South, Range 93 West of the6th P.M. more particularly described as follows: Beginning at a point on the northerly right-of-way of Interstate 70 (frontage road) whence the East X corner of said Section 13 bears South 51' 25' 58" East 2910.10 feet; thence the following four courses along said right•of-way South 76' 33' 00" West 318.84 feet; thence South 77' 03' 30" West 294.70 feet; thence 1037.27 feet along a curve to the right, having a central angle of 10' 33' 25", a radius of 5629,60 feet of which the chord bearing Is South 83' 33' 00" West 1035.80 feel; thence North 89' 57' 30" West 175.53 feet to a point that intersects the southerly meander line of the Colorado River; thence the following seven courses along said meander line North 70' 30' 00" East 291.98 feet; thence North 30' 20' 00" East 644.16 feet; thence North 57' 12' 00" East 95.70 feet, thence North 44' SO' 00" East 254.76 feet; thence North 65' 05' 00" East 211.20 feet; thence North 45' 26' 00" East 120.12 feet; whence the North X corner of sald Section 13 would bear North 119' 52' 17" Eat 297.00 feet; thence continuing North 45' 26' 00" East 297.00 feet; thence North 62' 15' 00" East 326.83 feel; thence leaving sold meander line South 08' 00' 00" East 1174.86 feet to the point of beginning. Said parcel of land contains 27.92 acres more or fess. PARCEL 217714100121 lying and being in the County of Garfield and State of Colorado described as follows; All that portion attic following described lands lying lo the North of the center of the median strip of Colorado Ilighway I-70: Township 6 South, Ranee 93 West of the 6''' P.M. Section 14: NW/4 SW/4, SE/4 NW/4, SW/4 NE/4, and Lots 2, 3, and 4 EXCEPT for the following portion of lands heretofore conveyed: Thal part of the N1V/4 SW/4 of Section 14 described as follows: Beginning al the SW/C of said NW/4 SW/4 of Section 14, thence North 00° 06' East along the West line of said Section 14, a distance of 451 feet, thence North 85° 30' East a distance of 1,324 feet to the East line of said NW/4 SW/4 of Section 14, Ibence South 00° 06' West along said East line a distance of 555 feel to the SE/C of said 14W/4 SW/4 of Section 14, thence 1Vesl along the South line of said NW/4 SW/4 of Section 14, a distance of 1,320 feet to the point of beginning. Township 6 South. Range 93 West of_ itc 6th P.M That part or portion of the following described lots or parcels of land located in the SP./4 of Section 11 and in the N/2 of Section 14, described as follows: Beginning at the meander comer on the east line of Section 14; thence North 66° 10' West 693.0 feet; thence North 79° 10' West 448.8 feet; thence South 81° 00' West 264.0 feer; thence North 88' 15' West 1102.2 feel; Ihcnce North 77' 30' West 231.0 f eI; thence West 1320.0 feet; thence South 60° 30' West 198,0 feet; thence South 28° 30' West 897.6 feet; thence South 40° 30' West 330.0 feet; thence South 72° 10' West 448.4 feet; thence North 1200.0 feet; thence Nnrlh 76° 05' East 650.0 feet; thcnse North 69°40' l=ast 550.0 feet; thence North 79° 12' East 350.0 feel; thence North 88° 30' East 600.0 feet; thence North 77° 05' East 300.0 feel; thence North 49° 25' East 400.0 feel; (hence North 55° 25' Ensl 700.0 feel; thence North 45° 53' Easi 600.0 feet; thence North 26° 20''Last 450.0 feet; thence North 79° 00' Eust 462.0 feet; theniec North 47° 45' East 300.0 feet; thence South 56' 55' East 300.0 feet; thence South 87° 0' Fast 440.0 feet; thence South 2437.74 feel to the point of beginning. PARCEL 217712200515 PARCEL 2: Lot 2, Sectionl2, Township 6 South, Range 93 West of the 6ib Principal Meridian, COUNTY OF GARFIELD STATE OF COLORADO. EC, Garfield Count,,; STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of James Snyder Family Partnership LLLP a registered limited lrabil:iy limited parinerf;hip (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is James Snyder Family Partnership LLLP and is formed under the laws of State of Colorado The mailing address for the Entity is 2495 County Road 346, Silt, CO 81652 The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is Jason Burkey, EnvironmentallResource Manager The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): Matters reo:r:ciin[I Mamm Creek Land Use Permit Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED this 3 day of /_e_____ Signature: Name (printed): James Snyder Title (if any): General Partner 2017. STATE OF )5S. COUNTY OF (:)/.1,-/:,1,/ The foregoing instrument was acknowledged before me this , day of ve , 20 /7 by James Snyder , on behalf of James Snyder F imily Partnership LLLP , a Limited Liability Limited Partnership LLLP Witness my hand and official seal. My commission expires: (Date) [SEAL] TYRA LYNNE MONGER NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20144046989 My Catirrissim Evies Deoernber 11, 2018 Garfield County STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of James Snyder Fa v Partnership II LLLP a registered limited liability limited partnership (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is James Snyder Family Partnership II LLLP and is formed under the laws of State of Colorado The mailing address for the Entity is 3495 County Road 346, Silt, Co 81652 The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is Jason Burkey, Environmental/Resource Manager The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): Matters regarding Mamm Creek Land Use Permit Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED this day of fume Signature: Name (print Title (if any): )_ James Snyder id/ General Partner 2017 STATE OF &a� % )SS. COUNTY OF LJD-( ) The foregoing instrument was acknowledged before me this 50 day of .ze, , 20 ( by James Snyder , on behalf of James SnyderF ily Partnership €I LLLP , a Limited Liability Limited Partnership II LLLP Witness my hand and official seal. My commission expires: Dc I/, IN1 (Date) [SEAL] Nota Public) TYR NL NN QMONGER STATE OF COLORADO NOTARY ID #20144046989 Coln V.101110e0Mlbtet11, 2018 :4 • . GRAVEL PROPERTY LEASE THIS INDENTURE, dated this -.4day of (M. , 2005 (hereinafter referred to as this "Lease"), by and between NORTH BANK HOLDING , LLC, a Colorado limited liability company, whose address is P.O. Drawer 790, Glenwood Springs, Colorado 81602 (hereinafter referred to as "Lessor") and LAFARGE WEST, INC., a Delaware corporation (hereinafter referred to as the "Company"), with its address at 10170 Church Ranch Way, Suite 200, Westminster, CO 80021, Attention: Division Land Manager. WITNESSETH In consideration of the mutual promises and covenants set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Lessor, and on and subject to the terms and conditions provided in this Lease, Lessor hereby leases, lets and demises to the Company the Materials as defined herein, in, on and under certain real property situate in Garfield County, Colorado, described as Parcels B and C, McBride Subdivision Exemption, as depicted on the plat thereof recorded in the Garfield County Clerk and Recorder's Office on April 12, 2004, as Reception No. 649905 (the "Property") and the exclusive right to sample, drill, and test for, develop, mune, quarry, extract, process, sell, use and remove them during the Term of this Lease, along with the right to locate and operate and/or sublease aggregate, asphalt and concrete plants and with associated easements as provided herein. An aerial photograph of the Property is attached hereto as Exhibit A on which the approximate pit boundaries on the real property are delineated in yellow (hereinafter referred to as the "Mining Area"). A survey of the Property and the Mining Area shall be made pursuant to Paragraph 12.A hereafter and the legal description attached to this Lease. 1. Definitions. A. Lease Year shall mean a period of one year beginning on the date which the Lease is executed by Lessor or on any annual anniversary thereof. B. Materials shall mean stone, sand and gravel and anyoverburden and valuable solid minerals, other than hydrocarbon minerals such as coal, oil, gas and associated liquid hydrocarbons, that are removed incident to sand and gravel operations hereunder and which are saleable and recoverable from the Mining Area in the course of such operations. C. Plant shall mean a portable and/or fixed facility for processing, storing, washing, sorting, handling, loading and shipping of Materials, along with ancillary facilities, and shall also mean a concrete or asphalt batch plant. I:UCOSCIkntftiFuoe114Me811de4974Vtpremmtsl'avel Leise-7 wpd Apn7 ]7.300! Page 1 20. Assie ment. The provisions of this Lease shall extend to and be binding upon tete heirs, personal representatives, successors, assigns and sublessees of Lessor and the Company. The Company shall have the right to subcontract with others for the performance of exploration, development and mining work hereunder, subject to all tains of this Lease, but no such subcontract shall relieve the Company of its obligations to Lessor hereunder. Parcel 217712400301 Parcel /27711400294 417712200515 /217712400301 /217713200300 .417714100121 417907100292 /217907200082 /217907400099 PROPERTY OWNER TO PARCEL 217712400301 Owner Name James Snyder Family Partnership LLLP Address 2495 County Road 346, Silt, CO 81652 ADJACENT PROPERTY OWNERS TO PARCEL 217712400301 Owner Name Oldcastle SW Group, Inc. North Bank Holding LLC James Snyder Family Partnership LLLP James Snyder Family Partnership II LLLP Gypsum Ranch Co LLC Island Park LLC Alan H Coloroso Grant Bros Ranch Ltd Address P 0 Box 3609, Grand Junction, CO 81502 P 0 Box 1533, Glenwood Springs, CO 81602 2495 County Road 346, Silt, CO 81652 3495 County Road 346, Silt, CO 81652 P 0 Box 1533, Glenwood Springs, CO 81602 2311 Meadowlark Lane, Glenwood Springs, CO 81601 P 0 Box 33574, Northglenn, CO 80233-0574 P 0 Box 1027, Basalt, CO 81621-1027 Parcel 217712200515 Parcel 17701400011 217711100359 17711400294 217712100089 1217712100238 /217712100513 1217712100514 x/217712200094 7712200243 17712200515 '217712400301 ,/217714100121 1217907200082 ✓217907200638 PROPERTY OWNER TO PARCEL 217712200515 Owner Name North Bank Holding LLC Address P 0 Box 1533, Glenwood Springs, CO 81602 ADJACENT PROPERTY OWNERS TO PARCEL 217712200515 Owner Name Jesse Lee Estes Family Trust Allied Energy Services Real Estate LLC Oldcastle SW Group, Inc. James R & Colleen Joan Carnahan Robert L & Karr & Barbara L & S. Ray & Garrett C Hoffmeister North Bank Holdings, LLC North Bank Holdings, LLC Kip D Costanzo LLC Myers & Associates Properties, LLC North Bank Holding LLC James Snyder Family Partnership LLLP Gypsum Ranch Co LLC Alan H Coloroso Marcelino Holguin Address 29979 Highway 6, Rifle, CO 81650-9453 1000 Louisiana, Suite 3850, Houston, TX 77002 P 0 Box 3609, Grand Junction, CO 81502 29641 Highway 6, Rifle, CO 81650 1437 County Road 129, Glenwood Springs, CO 81601 P 0 Box 1533, Glenwood Springs, CO 81602 P 0 Box 1533, Glenwood Springs, CO 81602 759 36 3/10 Road, Palisade, CO 81526 P 0 Box 2570, Basalt, CO 81621 P 0 Box 1533, Glenwood Springs, CO 81602 2495 County Road 346, Silt, CO 81652 P 0 Box 1533, Glenwood Springs, CO 81602 P 0 Box 33574, Northglenn, CO 80233-0574 30075 Highway 6, Rifle, CO 81650 41•10GwvAr*. . 1 • 41. 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SILT, CO 81652 fiat e orFa of 10 c U.S. Postal Service'" CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at svwwuaps,com'. 21** I Ii 'Fr - INGSt- CO 816112 Certified Mali ISO $3.35 1:rttra. $.ervkes & Fens (checA box, irk:, tee n6.640 gRe urn Receipt (hardcopy) $ $J ❑ Return Receipt (electronic) $ 0-1 _ Oa If1 ❑ Certified Mall Restricted Delivery $ 40. ijn D Adult Signature Required $ $ 0". 90- ❑ Adult Signature Restricted Delivery $ 4V Postage $0.70 Total Postage and lees 81 w$ Sent To ■ firrecr anc_P 0 BOX 1533 C7ry:'iirGLENWOOD SPRINGS, CO 81602 iii:leill�l"vlry.r��i+o;ora�riw:li�rs�e•�7i1"" "�-...i1'4. oFF( F1000 8 y ! 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Certified Mall Fee ,81602 $ 13.35 Extra tervices 8, .Fees (check box, add roc ® Return Receipt (hardcopy) $ 0 Return Receipt (electronic) $ —$0.._ 0 Certified Marl Restricted Delivery $ ❑ Adult Signature Requfad $yy— ❑AduaSignature RottincledDelivery $ FV Vl� Postage 10.70 Iota! restage and Foes s 16.80 .tirrYtetlird`P 0 BOX 1533 -----__._ Cif biiie GLENWOOD SPRINGS CO 81602 •FS Fotm 3 .. r, pri 1 $!ructions U.S. Postal Service' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery Information, visit our website at tvww,usps.com'. > Tr cm -taw Mail Fee 5 3.35 lir !Dns & EM [tneck box, ado for efrotato, on Fiaceipt(nardCopy) S r Rertwn Receipt(areclrenlc) $ 10.00 ❑ Certified Mall Restricted Delivery $ $(tx De QAdun Signature Required $ $13.80 ❑ Adult Signature Restricted Delivery $ Postage 5 10.70 Total Postage and Fly ±80 Pestmaik ,. 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L1Ci718#r. e or ne rrrclkini U.S. Postal Service`" CERTIFIED MAIL° RECEIPT Domestic Mall Only For delivery information. visit our website at www,usp.corn-'F, r i •"0" Garotted Midi Fee 43.3a $ Extra - Ices d Fuss a..75 XtraDiRunR farce bra add roeaa�� . ry °ceipt oluctecpy) 5 LJ na4ttR Receipt [dootrm+lo) g Dena or: weRtrrtrtarogDi$sej $ Dada Skpndmo Ragweed $ []Adult Signalwd ReerdclodDelivery t _ Aoslspe $0.70 8501 Postmark Here 08 Total Pastaga and 4Fear. 97/ /201 7 6. 84 5ont m srrenlwrt.29979 HIGHWAY 6 ._ tele RIFLE, CO 81650-9453 P5 Form a. 0 r, , pr rs U.S. Postal Servicer,,, CERTIFIED MAIL,,, RECEIPT (Domestic Mali Only; No Insurance Coverage Provided) For'delivery information visit our website atwww,usps.comb GRAND . tC'R 014 r Ci] 81502 Post& Certified Fee Return Recalpt Foo (Endorsement Regglrod) Restricted Delivery Fee (Endorsement Required) $17 . r l) Total Postage & Fees 07/06/2017 , r 0501 08 Seal ra.ILIMPRIMPERRIVIIE num f6.'l� Ap,p 0 BOX 3609 or PO HO Ery, stere GRAND JUNCTION CO 81502 3,5 Form3803D, A . u81.'.Or •. 9. 0" N Ul Certified Mail red 1-3,3.5 co Er U.S. Postal Service' CERTIFIED MAIL® RECEIPT Domestic Mail Only -=or deiiveryintormation, visit our website at www.++SPS.00mh t3 0 t=3 ru r-1 % .1 S01VICe5& efts [;lfo:h EfM. M!}Apo gruff JAc1wn RecelPL (hardcopy) t D Return Receipt (electronic) $ --rrT��-��'—�� ❑ Certified Mall Restricted Delivery $ _�11�. • ['Adult Signature Required $ Divot Signature Restricted Delivery $ Postage s-� Total Postage and Flys 16.80 *0.70 r 1 Sem ggippopirimmil To Si"iiia".3311 MEADOWLARK LANE eliy',' tai GLENWOOD SPRINGS, CO 81601 001 - _ 08 Pnsimerk Here '. 1 07/061301,2 PS.Ferh cttacllOi Garfield County Mamm Creek Pit TABLE OF CONTENTS 1.0 Land Use Change Permit Application 1.1 Pre -Application Conference Summary A.1 Deed A.2 Statement of Authority A.3 Lease Documents A.4 Resolutions a. Powers 2016 example (condition #1) b. Mamm Creek 2008 c. Marnm Creek 2012 A.5 Land Use Change Permit A.6 Adjacent Property Owners a. 217714100121 b. 217712400301 c. 217712200515 d. 217713200300 A.7 Mineral Owners a. See attached Exhibit A.7.a A.8 Waiver of Standards a. Site Air Permit A.9 Project Narrative A.9.a Truck Analysis A.9.b Site Map Garfield Couniy Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www,ear eJ0-cauntv.com PRE -APPLICATION CONFERENCE SUMMARY r TAX PARCEL NUMBER: 217714100121, 217712400301, 217712200515, and 217713200300 DATE: June 23, 2017 PROJECT: Gravel Pit — Change of Hours of Operation OWNER: Snyder REPRESENTATIVE: Jason Burkey, Old Castle Materials Company PRACTICAL LOCATION: Approximately 4 miles east of the City of Rifle TYPE OF APPLICATION: Amendment to an approved Land Use Change Permit - Major Impact I. GENERAL PROJECT DESCRIPTION Applicants seek to amend approvals granted by the Board of County Commissioners for a Extraction, Storage, Processing, Material Handling of Natural Resources for a "Gravel Extraction Operation" known as the North Bank Gravel Pit approved by Resolution 2008-73 and extended by Resolution 2012-67. A Special Use Permit was issued in 2008 and recorded with Reception No. 749988 and then amended under a Land Use Change Permit in 2012 with Reception No. 822436. The approval and specifically the resolution, permitted a gravel pit to be located and maintained adjacent to the Colorado River and l-70. The Applicant has been awarded a contract to provide material to the work being complete on the Grand Avenue Bridge. The Applicant is seeking to amend the condition of approval #4 in Resolution 2012-67 that provides the following operational hours for the facility: The grave! pit hours of operation will be 7:00 a.m. to 8:00 p.m. Monday through Saturday with crushing, digging, and heavy hauling allowed from 7:OOam to 6:OOpm allowing for administrative and maintenance activities to take place until 8:00 p.m. No operations shall take place on Sunday. Overburden/topsoil removal may only occur Monday through Friday between the hours of 8 a.m. and 5 p.m. 1IPage The Applicant has represented that the contract with CDOT will require the pit transport material from the pit to the construction site during nighttime hours and potentially 7 days per weeks. Parcels Permitted for Gravel Extraction under Resolutions 2008-73 and 2012-67 II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The Land Use and Development Code requires any change to a specific condition of the approval to be considered a Substantial Amendment pursuant to Section 4-106.A.3, therefore, the following provisions of the LUDC will apply: ■ Section 4-106 Amendments to an Approved Land Use Change Permit • Section 4-101 Common Review Procedures and Table 4-102 ■ Section 4-105 Major Impact Review • Section 4-201 Application Materials and Table 4-201 ■ Section 4-203 Description of Submittal Requirement is Article 7 — Divisions 1, 2, and 3 and 7-1002 III. SUBMITTAL REQUIREMENTS As the request will modify the conditions of approval as issued by the Board of County Commissioners, the application must be considered a Substantial Modification. The Director shall determine the contents of the application submission requirements for a Substantial Modification. The following information shall be submitted as part of this application: 2IPage A. General Application Materials a: Deed; b. Owner Authorization; c. Copy of approval Resolution(s) d. Copy of approved Land Use Change Permit e. Property owner name and mailing address with 200 feet and a map showing these adjacent properties; f. List of names and mailing addresses of mineral owners of the subject site; g. Project Narrative, including estimate of average daily truck counts (day and night), discussion of compliance with state statutes related to noise, existing air permits, and any other relevant information describing proposed operations. B. Waiver request for Section 7-1001 H. regarding hours of operation and reason for waiver. Please respond to criteria in Section 4-118 of the LUDC; C. Vicinity Map; D. Site Plan; E. Proposed Lighting Plan, if applicable. IV. REVIEW PROCESS Though a new application is required, the review of the application may result in an approval, approval with conditions or denial of the amendment only. If the amendment is denied, the Applicant's original approval is still valid. The process to accommodate this request shall require a Land Use Change Permit Application for an "Amendment to an Approved LUCP — Major Impact Review" is a follows: A. Pre -application Conference. B. Application Submittal. C. Determination of Completeness. D. Schedule Public Hearing, provide documentation regarding notice requirements. E. Additional Copies requested and sent to referral agencies. F. Evaluation by Director/Staff resulting in a Staff Report to the Planning Commission. G. Public Hearing before the Planning Commission, resultingin a recommendation for approval, approval .with conditions or denial. H. Public Hearing before the BOCC, resulting in a final approval, approval with conditions or denial. I. Resolution J. Land Use Change Permit. V. PUBLIC HEARINGS AND NOTICE Public Hearing notices shall be posted, mailed and published pursuant to Section 4-101.E. None _Planning Commission X . Board Of County Commissioners Board of Adjustrnent Wage Referral will be sent to the following agencies: ▪ Garfield County Engineer O Garfield County Road and Bridge ▪ Garfield County Environmental Health • CDPHE=Air Quality ▪ Colorado Department of Transportation • Garfield County Vegetation Management • Colorado River Fire Rescue VL APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: $ 300.00 plus additional Staff time at staff hourly rate of $40.50 Referral Agency Fees: $TBD -- Engineering hourly review County Surveyor: Recordation: $ Total Deposit: $ 300.00 General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Stiff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pr.. 1 alio m re lune 23, 2017 David Pesnichak, Senior Planner Date 4IPage f lull FA YPiIV1144u, 1i0'1 I +I'll00:1114111%6+ leitri Ai WI III Rucept.lonfl : 820626 12130I2OF2 ID ',3:56 rel Jean Alberico 1 of 2 4ee Feo 518 :O Doc Fee:O CO GARFIELD COII:ITY CO 11,1 I1) r41" QUIT CLAIA1 DEED THIS DEF,D, Made this 3011, day of November, 2012, between James G. Snyder of Garfield County, Slate of Colorado, GRANTOR, and Tim JAMES SNYDER FAMILY PAu TTNEnsIIIP, LLLP which has an address of 3495 County Rd, 346, Silt, Colorado 81652, GRANTEE: WITNESSETH, That the grantor, for and in consideration of the stun of TEN and NO/100 DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUIT CLAIMED, and by these presents docs remise, release, sell and QUIT CLAIM unto the grantee, its heirs, successors and assigns forever, all the right, title, interest, claim and demand which the grantor has in and to the real property, together with improvements, if any, situate, Tying and being in County of Garfield, Slate of Colorado, known as "Home Place," hereby waiving and releasing all rights under and by virtue of the homestead exemption laws of the Stale of Colorado.lo•wil: SEE EXIIIDI r "A" EXCEPT AND EXCLUDING ANY AND ALL SUBSURFACE RIGIITS, INCLUDING OIL, GAS AND MINERAL RIGIITS ("MINERAL ESTATE") TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto appertaining, and all the estate, right, title, interest, claim whatsoever of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantee, its heirs and assigns forever. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, The grantor has executed this decd the day and year first above written. J Ines G. Snyder - Grantor S'T'ATE OF COLORADO ss COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this 30'" day of November, 2012, by Janus G. Snyder, Grantor. E5 JI y hand and official seal. Noi- . Public My commission expires: 3. i 1 I,: M111 FIR1Y,11ai1 Ior,1NoC MI 111 Receptionli: 828626 12/10/2012 10,57.56 AM Jean Alberlco 2 of 2 Roc ree 510_CO Doc ree.D.CO onar1CLD COUNTY CO EXHIBIT "A" The "Home Place": Lot 5 and the SE X SE''/. and Lot 6 in Section 12, and the NW Y NE Y and lot 1 and the NE Y, NE'/. of Section 13, all in Township 6 South, Range 93 West of the 6'h P.M. EXCEPT a tract of land located in the NE /. NE Y. Section 13, Township 6 South, Range 93 West of the 61'' P.M., more particularly described as follows: Commencing at the SE corner of said NE''/. NE X Section 13, thence northerly along the East line of said NE Y. NE Y Section 13 a distance of 600 feet; thence West a distance of 225 feet; thence South a distance of 600 feel more or less to the South line of said NE''/. NE X Section 13; thence easterly along the South line of said NE X NE, Section 13, a distance of 225 feet more or less to the point of beginning. EXCEPT all that portion of the following described parcel situate southerly of the southerly right of way line of Interstate 70 which right of way line is the southerly boundary of the parcel described in Book 468 at Pages 266-68, Garfield County records: Lot 5 and the SE Y. SE''/, and Lot 6 in Section 12, and the NW X NE Y and Lot 1 and NE Y NE Y. of Section 13, all in Township 6 South, Range 93 West, 6'h P.M., EXCEPT that parcel described in Book 468 at Pages 266-68, Garfield County records; and EXCEPT all that portion of said parcel conveyed to the Colorado Department of Highways and being the right of way for Interstate Highway No. 70 and related structures. TOGETHER with that parcel described in Quit Claim deed recorded at Reception No. 732593 and that parcel described in Book 1092 al Page 163, and more specifically described as a parcel of land situate In Lot 5, Section 12 and Lot 1, the NW X NE Y Section 13, all in Township 6 South, Range 93 West of the6th P.M, more particularly described as follows: Beginning at a point on the northerly right-of-way of Interstate 70 (frontage road) whence the East Y corner of said Section 13 bears South 51' 25' 58" East 2910.10 feet; thence the following four courses along said right-of-way South 76' 33' 00" West 318.84 feet; thence South 77' 03' 30" West 294.70 feet; thence 1037.27 feet along a curve to the right, having a central angle of 10' 33' 25", a radius of 5629,60 feet of which the chord hearing is South 83' 33' 00" West 1035.80 feet; thence North 89' 57' 30" West 175.53 feet to a point that intersects the southerly meander line of the Colorado River; thence the fallowing seven courses along said meander line North 70' 30' 00" East 291.98 feet; thence North 30' 20' 00" East 644.16 feet; thence North 57' 12' 00" East 95.70 feet, thence North 44' 50' 00" East 254.76 feet; thence North 65' 05' 00" East 211.20 feet; thence North 45' 26' 00" East 120.12 feet; whence the North 1S corner of said Section 13 would bear North 89' 52' 17" Eat 297.00 feet; thence continuing North 45° 26' 00" East 297.00 feet; thence North 62° 15' 00" East 326.83 feet; thence leaving said meander line South 08' 00' CO" East 1174.86 feet to the point of beginning, Said parcel of land contains 27.92 acres more or less, ANO EXECEPTING that parcel described in Quit Claim deed recorded at Reception No. 732594. Together with all water and water rights, ditches and ditch rights of way used on or appurtenant to said property including 209 shares of stock In the Loesch and Crann Ditch Company and the water and Last Chance Ditch rights evidenced thereby Subject to easements and rights of way in place and in use. 4411ic ,r,lwtC10,r1400 Receptionll' 040873 04119/2:13 DP 34 30 N1 :eon Americo 1 of 2 Ren. Fee 316 00 Doc Fee 3 CO 004FIELC WW1' CO CORRECTION DEED THIS DEED, Made this _11 day of Sc��.»�zr , 2013, between James G. Snyder, Trustee of THE JAMES C. SNYDER TRUST, DATED APRIL 13, 2010 ofGarfield County, Stale of Colorado, GRANTOR, and THE JAMES SNYDER FAMILY PARTNERSHIP, LLLP which has an address of 3495 County Rd. 346, Sill, Colorado 81652, GRANTEE: WITNESSETH, That the grantor, for and in consideration of the sum of TEN and NO/100 1301-LARS, the receipt and sufficiency of which is hereby acknowledged, has remised, released. sold and QUIT CLAIMED, and by these presents does remise, release, sell and QUIT CLAIM unto the grantee, its heirs, successors and assigns forever, all the right, title, interest, claim and demand which the grantor has in and to the real property, together with improvements, if any, situate, lying and being in County of Garfield, State of Colorado, known as "Hone Place," hereby waiving and releasing all rights tinder and by virtue of the homestead exemption laws of the State of Colorado, to -wit; SI:r: EXHIBIT "A" EXCEPT AND EXCLUDING ANY AND ALL SUBSURFACE RIGHTS, INCLUDING OIL, GAS AND MINERAL RIGHTS (`MINERAL ESTATE") Correction Deed to recti& Quit Claim Deed filed December 18, 2012, Reception Manber 828626 TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges (hereunto appertaining, and all the estate, right, title, interest, claim whatsoever of the grantor, either in law or equity, to the only proper use, benefit arid behoof of the grantee, its heirs and assigns forever. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, The grantor has executed this deed the day and year first above written. The James G. Snyder Trust By James G. Snyder—Trustee STATE OF COLORADO 55 COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this 11 day of Se. ItAcr_�tt;; by James G. Snyder, Grantor and Trustee. \V11 '2 my hand and official seal. Public co ilnission expires: UA/01. teik" c iII 1'1111M11.11141i N%liflii11.1 HI III RectptionU: 640673 09019/2013 09:?g. ?, A- Jean nther,co 2 - 2 Rec Fee OD 3:c fee 0 00 couirLo COLLA*Y Co EXHIBIT "A" The "Home Place": Lot 5 and the SE Y. SE X and Lot 6 in Section 12, and the NW X NE X and lot 1 and the NE X. NE X of Section 13, all in Township 6 South, Range 93 West of the 611i P.M. EXCEPT a tract of land located in the NE Y. NE X Section 13, Township 6 South, Range 93 West of the 6th P.M., more particularly described as follows: Commencing at the SE corner of said NE X NE'/. Section 13, thence northerly along the East line of said NE Y. NE N Section 13 a distance of 600 feet; thence West a distance of 225 feet; thence South a distance of 600 feet more or less to the South line of said NE Y. NE/. Section 13; thence easterly along the South line of said NE Y. NE, Section 13, a distance of 225 feet more or Tess to the point of beginning. EXCEPT all that portion of the following described parcel situate southerly of the southerly right of way line of Interstate 70 which right of way line is the southerly boundary of the parcel described in Book 468 at Pages 266-68, Garfield County records: Lot 5 and the SE Y. SEX and Lot 6 in Section 12, and the NW X NE Y. and Lot 1 and NE Y. NE Y. of Section 13, all in Township 6 South, Range 93 West, 61h P.M., EXCEPT that parcel described in Book 468 at Pages 266.68, Garfield County records; and EXCEPT all that portion of said parcel conveyed to the Colorado Department of Highways and being the right of way for Interstate Highway No. 70 and related structures. TOGETHER with that parcel described in Quit Claim deed recorded at Reception No. 732593 and that parcel described In Book 1092 at Page 163, and more specifically described as a parcel of land situate in Lot 5, Section 12 and Lot 1, the NW X NE Y. Section 13, all in Township 6 South, Range 93 West of the6th P.M. more particularly described as follows: Beginning at a point on the northerly right-of-way of Interstate 70 (frontage road) whence the East 14 corner of said Section 13 bears South 51' 25' 58" East 2910.10 feet; thence the following four courses along said right-of-way South 76' 33' 00" West 318.84 feet; thence South 77' 03' 30" West 294.70 feet; thence 1037.27 feet along a curve to the right, having a central angle of 10' 33' 25", a radius of 5629.60 feet of which the chord bearing Is South 83' 33' 00" West 1035,80 feet; thence North 89' 57' 30" West 175.53 feet to a point that intersects the southerly meander line of the Colorado River; thence the following seven courses along said meander line North 70' 30' OD" East 291.98 feet; thence North 30' 20' 00" East 644.16 feet; thence North 57" 12' 00" East 95.70 feet, thence North 44' 50' 00' East 254.76 feet; thence North 65' 05' 00" East 211.20 feet; thence North 45' 26' 00" East 120.12 feet; whence the North Y. corner of said Section 13 would bear North 89' S2' 17" Eat 297.00 feet; thence continuing North 45' 26' 00" East 297.00 feet; thence North 62' 15' 00" East 326.83 feet; thence leaving said meander Ilne South 08' 00' 00" East 1174.86 feet to the point of beginning. Said parcel of land contains 27,92 acres more or less. AND EXECEPTING that parcel described In Quit Claim deed recorded at Reception No. 732594. Together with all water and water rights, ditches and ditch rights of way used on or appurtenant to said property including 209 shares of stock in the Loesch and Crann Ditch Company and the water and Last Chance Ditch rights evidenced thereby Subject to easements and rights of way In place and in use. 11111Ifi1'+iP14 IM14,111ANtdCRTItIN111,61N41111111111 Reccptionn: 739173 12113f2C27 0:07:42 Al Jean A1berico 1 of 2 (lac Fee $11.OD Doc Fee,0.00 G93FIELD CO1fITY CO CORRECTION QUIT CLAIM DHED Tits DEED, !made this .S zti day of (ee, , 2007, between JOHN C. MARTIN, RICHARD K. STEPHENSON, and SCOTT BALCOMB, of the County of Gat field and State ofColoiado, (Grantors), and GYPSUM RANCII CO. LLC, a Colorado Limited Liability Company, whose legal address is Post Office Box 1220, Carbondale, CO 81623, (Grantee): WITNESS ETH, that the Grantors, for and in consideration of the sunt of One Dollar and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have remised, released, sold, conveyed and Quit Claimed, and by these presents do remise, release, sell, convey and Quit Claim unto the Grantee, its successors and assigns forever, all right, title, interest, claim and demand which the Grantors have in and to the real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: All that portion of the following described lands lying to the North of the center of the median strip of Colorado highway 1-70: To wlshjp 6 Sosllh, Range 93 West of the 6'h PA, Section 14: NW/4 SW/4, SE/4 N1V/4, S\V/4 NE/4, and Lots 2, 3, and 4 EXCEPT for the following portion of lands heretofore conveyed: That part of the N1V/4 SW/4 of Section 14 described as follows: Beginning at the S\V/C of said N1V/4 SW/4 of Section 14, thence North 00° 06' East along the West line of said Section 14, a distance of 451 feet, thence North 85° 30' East a distance of 1,324 feet to the East line of said N\V/4 SW/4 of Section 14, thence South 00° 06' West along said East line a distance of 555 feet to the SE/C of said N1V/4 S1V/4 of Section 14, thence \Vest along the South line of said N19/4 SW/4 of Section 14, a distance of 1,320 feet to the point of beginning. To'.vnshiu 6 South, Range 93 West of the U1h P.M. That part or portion of the following described Tots or parcels of land located in the SE/4 of Section 11 and in the N/2 of Section 14, described as follows: Beginning at the meander comer on the east line of Section 14; thence North 66° 10' West 693.0 feel; thence North 79° 10' West 448.8 leer; thence South 81° 00' West 264.0 feet; thence North 88° 15' West 1102.2 feel; thence North 77° 30' West 231.0 feel; thence West 1320.0 feet; thcncc South 60° 30' West 198.0 feet; thence South 28° 30' West 897.6 feel; thence South 40° 30' West 330.0 feet; thence South 72° 10' West 448.4 feet; thence North 1200.0 feet; thence North 76° 05' East 650.0 feet; thence North 69° 40' East 550.0 feet; thcncc North 79° 12' East 350.0 feet; thence North 88° 30' East 600.0 feet; thence North 77° 05' East 300.0 feet; thence North 49° 25' East 400.0 feel; thence North 55° 25' East 700.0 feet; thence North 45° 53' East 600.0 feet; thence North 26° 20' East 450.0 feet; thence North 79° 00' East 462.0 feet; thence North 47° 45' East 300.0 feet; thence South 56' 55' East 300.0 feet; thence South 87° 09' East 440.0 feet; thence South 2437.74 feel to the point of beginning. TOGETHER with all of Grantors' right, title, interest, claim and demand which the Grantors have in and to any and all water, water rights, ditches, ditch rights, reservoir, reservoir rights, of every kind or nature, with all structures and appurtenances appurtenant to and used in conjunction with subject property, if any, specifically but not by way of limitation 150 shares of the stock of the Leese!' and Crann Ditch Company, which waters and water rights have historically been used in conjunction with and as an appurtenance to the above described real property. rr u,mx Lead ComulIards.lra '.0 Ove I .l1 Gtcnooc'J srr°y3, CO in W7 t llll EA.rAircHf in Moltiriltle1401,11.14k!i MI 111 Hecopl loco!: 71917) %2r131zr.r r v 0] 42 P7 ]ono PIPerice R at 2 Rcc Fra 7ti1 P,1 Op* Po, 0-G3 GoWIE10 cotzir. CO TO HAVE AND To HOt.D the same, together with all rind singular the appui to lances and privileges IlIIcrcunto belonging or ill xnywisc thereunto Appcttaining, and all the estate, tight, title, interest and claim whatsoever. of the Grantors, either in law or equity, to the only proper use, benefit and bt:hooi of the Grantee, its successors and assigns forever. THE PURPOSE OF THIS CORRECTION QUIT CLAIM DEED IS TO CORRECT THE LEGAL DESCRIPTION CONTAINED IN'1TIE QUIT CLAIM DEED RECORDED IN BOOK 1214 AT PAGE 148 AS RECEPTION NO. 571310. IN WITNESS WHEREOF, the Grantors have executed this deed on the date set forth above, STATE OF COLORADO COUNTY OF GARFIELD ) ss: C "Richard K. Stephenson Scott Balcomb The Foregoing instrument was aclamwicdged Won nw This day of 2007, by JOHN C. MARTIN and RfCHARD K. STEP11ENSON and SCOTT BALCO,MB. Witness my hand and official seal. Notary Publi '- 11y commission expires: SALLYGEIBVAGNEUR NOTARY PUBLIC STATE OF COLORADO by Gellvii4406 !Om 44lGINOil D 2 1111111 11111 111111 11111III 1111111 111111111 I 1111 11111111 635887 09/05/2003 12:13P 01515 P305 11 ALSDORF 1 of 3 R 16.00 D 225.00 GARFIELD COUNTY CO GENERAL WARRANTY DEED PecVeJ) T,) /co.��t� THIS DEED, made this �%---flay of August 2003, between John McBride ("Grantor"). whose legal address is 303 AABC, Ste. E, Aspen, Colorado 81611 and North Hank Holdings, LLC, a Colorado Limited Liability Company, ("Grantee)" whose legal address is P.O. Drawer 790, Glenwood Springs, Colorado 81602, County of Garfield, State of Colorado. WITNESSETH, That the Grantor for and in consideration of the sum of TEN DOLLARS ($10.00) and other goon and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, his heirs, personal representatives and assigns forever, all the real properly together with improvements, if any, situate, lying and being in the County of , State of Colorado described as follows: See Exhibit "A" attached hereto and incorporated by reference herein. TOGETHER, with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, tither in taw equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD, the said premises above bargained and described, with the appurtenances, unto the Grantee, his personal representatives and assigns forever. And the J. Grantor, for himself, heirs, personal representatives and assigns, does covenant, grant, bargain, O and agree to and with the Grantee, his personal representatives and assigns, that at the time of the —4- ensealing and delivery of (hese presents, is well seized of the premises above conveyed, gond, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and good right, 8 full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except and subject to Real Property taxes for 2003 payable in 2004; building and zoning regulations; and THOSE ITEMS DESCRIBED ON EXHIBIT "B" ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN AND THE TERMS AND CONDITIONS THEREOF. The Grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, his heirs, personal representatives and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the Grantor ha used this deed on the date set forth above. John tcBride STATE OF ClfLr)YQd-r }as. „k,ggi lY OF elan . '`'�thf (VQ�'' t ;,'I�l> •r uing instrument was acknowledged before inc this A day of August, 2003 by ei$17054PV'', w 1 11D AND OFFICIAL SEAL. russ v tcs: '••r•••''E;U`,` 818 Colorado Avenue 1 ,�'''''' '''' Glenwood Springs, CO 81601 My Commission Expires May 1, 2005 Notary Public eut 1. V 1 GJ I �� 7 111111111111MIN RCM 1111111111�I1111liII 1f 1ilii 635667 09/05/2003 12:13P 91515 P306 M ALSDORF 2 of 3 R 16.00 0 225.00 GRRFXEI.D COUNTY CO EXHIBIT "A" PARCEL 2: Lot 2, Sectionl2, Township 6 South, Range 93 West of the 6'" Principal Meridian, COUNTY OF GARFIELD STATE OF COLORADO. i1[ EXHIBIT "B" C-IlEgJEz The effect of incluiiona in eny general or specific cater cozzeorvancy, fire c�gA qpretootibn, seed conservation or ethos district: or inclusion in any .ranee: N nervioo or street ivprovament Area. H 1-i Any advorio claim beeed upon tbo nnnort:ion that (a) aoue portion of the land ra,a forme the budor bank of ■ navigable rives; or lake■ or line belowthe masa high _TM_ weter -mark 'thoreof; (b) -the-boundary of the lend •hne bean affected by a ahamge N in tho tours° or water level of a novigeblo river or lakep (a) fhv land is tamii�.y AUblaar. to waters rights, claire or title to water and to Any law or, o governmental regulation pertaining to wattends, (d) the public's aright,: to u■o Lawn_ the watera . •7 : 1 [p ::;;'' Any land acquired by tho Budden or ereifloia,i ab.nge in the location of Cho n: river. T----74 ro Aaoose ineurod on tho facet of this �1 policy 1e limited to tho tnrzat� and eD�� conditiono of the license referred to in Requircunent Number 4. Priveto way &Xenon r000rded Nova /box 14, 1977 in Hook Sox at Pape 723 an Recepti.oA No. 201769. NOT3a Affects secede to both Peatoole 1 and 2. The affect of Quit Claim Deed reoordod aessussy 0, 1941 in Book 562 at Page 917 ae Reception No. 310793. NOM Affeot e Parcel 2. Thea effect of quit Claim Dead rocordod Borah 31,•2000 in hook 3.179 at Pego 150 es Recoptioa No. 561341. NOM Af£oetas 'areal 2. Reaolu$ioe 077-31 recorded Octobor 11, 2002 in Beck 1395 ut Page 33 as Reception leo. 612398. vOTA I Affeete Parcel 7. Restrictions in Qult-Claim Dowd from The Heard of County Comaiaaionere of Garfield County, Colorado to Doha McBride recorded Octohor 11, 2002 in Rook 1335 at Page 35 ere Reception ito.. 612399. NOM Afloat's Parcel 8.. VIII h'i'1� I'1�1ti+Y1�M1+1 i +11 hhlt 10.111410110 V.1411,111,1 Receptiontl: 040873 0911912013 I) 34 30 af•I Jean Alnerica 1 of 2 Rea r'ee 315 T.: Doc Fee 0 CO GPRr 1ELC COIJ41TY CO CORRECTION DEE D THIS DEED, Madc (hisII9 day of Sc ia�M_ar , 2013, between James G. Snyder, Trustee of THE JA01ES G. SNYDER TRUST, DATED APRIL 13, 2010 of Garfield County, Slate of Colorado, GRANTOR, and Tim JAMES SNYDER FAMILY PARTNensIItP, EL LP which has an address of 3495 County Rd. 346, Silt, Colorado 81652, GRANTEE: WITNESSIi'I'II, That the grantor, for and in consideration of the sum of TEN and NO/100 DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUIT CLAIMED, and by Ihcse presents does remise, release, sell and QUIT CLAIM unto the grantee, its heirs, successors and assigns forever, all the right, title, interest, claim and demand which the grantor has in and to die real property, together with improvements, if any, situate, lying and being in County of Garlicld, State of Colorado, known as "Home Place," hereby waiving and releasing all rights under and by virtue of the homestead exemption laws of the State of Colorado, to -wit: SEE EXHIBIT "A" EXCEPT AND EXCLUDING ANY AND ALL SUBSURFACE RIGHTS, INCLUDING 011„ GAS AND AIINERAL RIGHTS (11AIINERAL ESTATE") Correction Deed in rector Quit Claim Deed filed December 18, 2012, Reception Member 828626 TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges (hereunto appertaining, and all the estate, right, title, interest, claim whatsoever of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantee, its heirs and assigns forever, The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, The grantor has executed this deed the day and year first above written. 'I'Ite lathes G. Snyder Trust 12-,"— r' t By Jantes G. Snyder —Trustee I STATE OF COLORADO COUNTY OF GARFIELD } } ss The foregoing instrument was acknowledged before me this 11.\_ day of L:p}entte -' . by James G. Snyder, Grantor and Trustee. wn 1E my hand and official seal. Not Public col 'mission expires: - 3n } Leit' a mt h'i'iI'1mW mNewIoh'Gm WO.Ilei 111111 Receptionn: 840873 09,1912013 D9.2. 30 n`; Jean alba, ico 2 ar 2 Rec =_e 5'G 00 :ftc Foe 3 00 GR4rJELD COUI;v C0 EXHIBIT "A" The "Home Place": Lot 5 and the SE SE % and Lot 6 in Section 12, and the NW'4 NE'''4 and lot 1 and the NE Y, NE''/. of Section 13, all in Township 6 South, Range 93 West of the 61h P.M. EXCEPT a tract of land located in the NE Y. NE X Section 13, Township 6 South, Range 93 West of the 61h P.M., more particularly described as follows: Commencing at the SE corner of said NE % NE % Section 13, thence northerly along the East line of said NE''/ NE % Section 13 a distance of G00 feet; thence West a distance of 225 feet; thence South a distance of 600 feet more or less to the South line of said NE'''4 NE % Section 13; thence easterly along the South line of said NE K NE, Section 13, a distance of 225 feet more or less to the point of beginning. EXCEPT all that portion of the following described parcel situate southerly of the southerly right of way line of Interstate 70 which right of way line is the southerly boundary of the parcel described in Book 468 at Pages 266.68, Garfield County records: Lot 5 and the SEX SE Y. and Lot 6 in Section 12, and the NW 4 NE Y. and Lot 1 and NE X NE X of Section 13, all in Township 6 South, Range 93 West, 61h P.M., EXCEPT that parcel described in Book 468 at Pages 266.68, Garfield County records; and EXCEPT all that portion of said parcel conveyed to the Colorado Department of Highways and being the right of way for Interstate Highway No. 70 and related structures. TOGETHER with that parcel described in Quit Claim deed recorded at Reception No. 732593 and that parcel described In Book 1092 at Page 163, and more specifically described as a parcel of land situate in Lot 5, Section 12 and Lot 1, the NW4 NE X Section 13, all in Township 6 South, Range 93 West of the6th P.M. more particularly described as follows: Beginning at a point on the northerly right-of-way of Interstate 70 (frontage road) whence the East'''4 corner of said Section 13 bears South 51' 25' 58" East 2910.10 feet; thence the following four courses along said right-of-way South 76' 33' 00" West 318.84 feet; thence South 77° 03' 30" West 294.70 feet; thence 1037.27 feet along a curve to the right, having a central angle of 10' 33' 25", a radius of 5629.60 feet of which the chord bearing is South 83' 33' 00" West 1035.80 feet; thence North 89' 57' 30" West 175.53 feet to a point that intersects the southerly meander line of the Colorado River; thence the following seven courses along said meander line North 70' 30' 00" East 291.98 feet; thence North 30" 20' 00" East 644.16 feet; thence North S7. 12' 00" East 95.70 feet, thence North 44" 50' 00" East 254.76 feet; thence North 65' 05' 00" East 211.20 feet; thence North 45' 26' 00" East 120.12 feet; whence the North Y4 corner of said Section 13 would bear North 89' 52' 17" Eat 297.00 feet; thence continuing North 45' 26' 00" East 297.00 feet; thence North 62' 15' 00" East 326.83 feet; thence leaving said meander line South 08' 00' 00" East 1174.86 feet to the point of beginning. Said parcel of land contains 27.92 acres more or less. ANO EXECEPTING that parcel described in Quit Claim deed recorded at Reception No. 732594. Together with all water and water rights, ditches and ditch rights of way used on or appurtenant to said property including 209 shares of stock in the Loesch and Crann Ditch Company and the water and Last Chance Ditch rights evidenced thereby Subject to easements and rights of way In place and In use. r) L1IIIIOVIN HI 1eceptIcnit: 732593 08107/2007 01,50 .41 P11 Joon Alborioo 1 of 2 Roc Feo:S11.00 Doc Foo:o.OD GARFIELD COIFITY CO QUrr CLAIM DEED THIS QUIT CLAIM DEED is made this l 3 day of November, 2006, between Grant Brothel's Ranch, LLC, a Colorado limited liability company whose tidelress is P.O. Box 1027, Basalt, CO 81621, (hereinafter "Grantor"), and James G. Snyder, whose address is 3495 County Road 346 Rifle, CO 81650, (hereinafter "Grantee"); WITNESSETH: ']'hat the Cirantor, for and in consideration of the sum of TEN DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUITCLAIMED, and by these presents do remise, release, sell and QIll'ICLAIM unto the Grantee, his beneficiaries, successors and assigns forever, all the right, title, interest, claim and demand which the Grantor has in and to the real property, together with !improvements, if any, situated, lying and being in the County of Garfield, State of Colorado, described as follows: A tract of land being situated in Section 7 and 18, Township 6 South, Range 92 West of the 6a' P.M., County of Garfield, State of ('olorado, said tract of land being described by metes and bounds as follows: E3 kJ!is►tlig at the Southwest corner of said Section 7, thence along the West line of the SWI(4 of said Section 7 N.00°47'11"E. 21.08 feet to intersect an existing fence -line as constructed and in place; thence departing said West line and along said fence -line S.17°49'12" 13. 120.13 feet; thence continuing along said fence -line S.19°55'09"8.135.29 feet to the Northerly Right of Way lino of Interstate No. 70; thence along said Northerly Right of Way S.72°58159"W. 91.91 feet to a point on the West line of the NW 1 /4 of said Section 18; thence along said West line N.01°0S'48"E. 247.43 feet to the 1'ohtt of 13cgintling; reserving therefrom any oil, gas, mineral and/or hydrocarbon rights in or under the lands so described, with no right of surface use or entry. Said tract of land contains 11,417 sq. ft. or 0.26 acres as described herein. TO 1-IAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee, its successors and assigns forever. Ohl IA rinrite li friNfili'IkVIOTilig 11111 liatep t i onfl : 732893 C9107/2C07 01,50,41 PM Sams] REhnrico 2 of 2 Tiro }00.511.00 Ono Fon.0.00 O1 RF1 ° COUNTY CO 1N WITNESS WHEREOF, the Grantor has executed this quit claim decd on the date set forth above. GRANT BROTHERS RANCH, LLC By: 1 • !ghis L. Grant, Manager STAT} OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The forgoing forgoing Quit Claim Deed was acknowledged, subscribed and sworn to before me this I Z day of November, 2006, by Douglas L. Grant as Manager of Grant Brothers Ranch, LLC. WITNESS my hand and official seal. My Commission expires: 1'1- J ---►Y f hlyComrn E'tv, rakirei 12/01/0? 1 Notary Public Page 2 of 2 Canfield County 1 STATEMENT OF AUTHORITY P Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of James G; Snyder Trust , a Trust (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is James G. Snyder Trust and is formed under the laws of Colorado The mailing address for the Entity is James G. Snyder Trust, 3495 County Road 346, Silt, Colorado 81652 The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is Jason Burkey, Environmental/Resource Manager The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): Matters regarding Mamm Creek Land Use Change Permit Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): Ph EXECUTED this 20' day of June Signature: Name (print Title (if any): )- James Snyder Trustee , 2017 rMyCYRA LYNNE MONGER NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20144048989 n rrt idn Dec>rrnbtar11,2018 STATE OF ( L -4_d0 COUNTY OF } )SS. 1c. The foregoing instrument was acknowledged before me this 2C day of ,)vre_ 20 ] 7 / by /f�,s �ru� on behalf of _ 7"""" Tr • , a Witness my hand and official seal. My commission expires: J u d /(,? It (Date) [SEAL] N ta�P'ub� ( N ) Garfield County STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30.172, the undersigned executes this Statement of Authority on behalf of Gypsum Ranch Company LLC . a Colorado (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is Gypsum RanchCempany u a and is formed under the laws of Calorodo The mailing address for the Entity is PO Box 1533 Glenwood Springs, CO atm The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is Jason aurkey. EmdroamanuyReeowce Old Castle SW Group The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): Matters pertaining bSpecial wePermit withOarileldCalory Other matters concerning the manner in which the Entity deals with any interest in real property are (If no other matter, leave this section blank): EXECUTED this 27th day of JI 20 17 Signature: rr`�rS Name (printed): GrePPP.pppy Title (if any): manner STATE OF Colorado ) )SS. COUNTY OF Galled The foregoing instrument was acknowledged before me this na day of Jane , 20 17 by Greco P. RIPPY , on behalf of Gypsum Ranch CorrrpeeyU.0 , a Colorado Corpo,atlen Witness my hand and official seal. My commission expires: cr z 47.9-'2./ (Date) (Notary Public) [SEAL SEAN M. THOMAS NOTARY PUBLIC STATE OF CQLORADO ulYCOI A s�S�-� * ' i Garfield County STATEMENT OF AUTHORITY an behalf of (corporation, limited Pursuant to C.R.S. §38-30-172, the undersigned umit d ab this GStatement of Authority North Bank Holding LLC , a registered limited [lability liability company, general partnership, registered limited liability partnership, uor other), i entity other limited partnership, limited partnership association, government agency, than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is North Bank Holding LLC and is formed under the laws of Colorado The mailing address for the Entity is North Bank Holding LLC, P O Box 1533, Glenwood Springs, Co 81802 The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is Jason Burtcey, Envirar+rnsntauFiesource Manager The limitations upon the authority of the person named above or holding the position described above Matters regarding Mamm Creek Land Use Change Pent* to bind the Entity are as follows (if no limitations, insert "None"): Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED this 11 day of June Signature: 5+t- M r, Name (printed): ._ y t' (, i1(i r -� Title (if any): M o , 20 17 STATE OF CAOt Q �+ fJ )5S. COUNTY OF 1P1 The foregoing instrument was acknowledged before me this q day of Tikitt��-----, 20 r 3 - by Se/ii, , on behalf of ---S-674— —, a Arift Ba4k Witness my hand and official seal. My commission expires: JuAq stet Date) LIYIN L FREE Notary Public State of Colorado Notary ID 20074025496 My Commisslan Expires Jul 2, 2019 [SEAL] aXite (Not4Py Public) May 291303:09p Enefit American Oil Co 435-789-4024 5(2912013 3:19 PM F'om: Law Office of Angela Raft, PC r tun) y -Ub94 19: w4.,,otwuu LANDLORD ESTOPPEL CERTIFICATE THIS CERTIFICATE is made as of May c19 2013. WITNESSETH: p.2 WHEREAS. by Gravel Lease between () James G. Snyder and Jean E. Snyder (collectively, 'Landlord') end (ii) Roaring Fork Resources, inc. dated May 1, 2000; a5 modified or suppiersented by (1) Memorandum of Lease (Snyder) between (x) James G. Snyder and Jean E. Snyder and (y) Roaring Fork Resources, Inc. dated May 29, 2001; (2) Addendum to Gravel Lease between (x) James G. Snyder and Jean E. Snyder and (y) Roaring Fork Resources, Inc. dated .tune 21, 2001; (3) Lessor's Estoppel Certificate (Snyder Lease) from (s) James G Snyder and Jean E. Snyder to y) Western Mobile Inc. dated May 29, 2001, which among other things consente to the assignment of the Gravel Lease Ia Western Motsile Inc.. (4) Assignment of Lease (Snyder) between Roaring Fork Resources, inc. and Western Mobile, Inc. dated June 22, 2407; (5) Memorandum of Agreement between Lafarge West, Inc. (successor in interest to Western Mobile, inc.) ("Tenant") and Landlord, dated June 23, 2005; and 0) Extension Letter from Tenant to James G. Snyder and Jean E. Snyder dated March 30, 200 (collectively, the "Lease') Landlord leases to Tenant certain property located in Garfield County, Colorado, as rrore fully described In said Lease (the "Properly') for a term and upon the terms and ' conditions set forth -n said Lease; end WI-EREAS, Oldcastte SW Group, Inc- ("Purchaser") entered into an Asset Purchase Agreement with Lafarge West, Inc. dated as of May 2, 2013 (rhe "Purchase Agreement'), pursuant la wh[Ch Purchaser has the right to acquire certain rights, properties end assets owned or held by Lafarge West, Inc. or used by Lafarge West, Inc. primarily related to Lafarge West, Inc,'s operations in Colorado as more particularly described in lne Purchase Agreement (the "Acquisition"). Landlord understands that In connection with the Acquisition, Purchaser has requested an estoppel certificate certifying as to the fads set forth below. NOW. THEREFORE, Landlord hereby certifies to Purchaser as iollows: 1. Attached lo this Certification as Exhibit Is a true and complete copy of the Lease, The Lease Is in full Force and affect. Landlord has no knowledge of any detail on the part 0f Landlord or Lafarge West, Inc., es tenant, under the Lease, no event has occurred that, +with the delivery of notice. the passage of dme or both, would constitute a breach or default under such Lease, and no amounts are past due under the Louse. 2. Lafarge West, Inc. Is In possession of the Property. The Subordinate Agricultural Lease dated June 30, 2000 between Landlord and Gypsum Ranch Co., LLC is stip in full force and effect. Except as disclosed In (natters of record, no of rat parties have a right to possess, use, access or occupy any portion of the Property except itfSA.• KtSi tyre rLLS.. 3. The Lease has not been changed, modified, amended or assigned except es described above. There ere nv agreernents between Landlord and Lafarge West, Inc, or its aliiliateS regarding the Property or the Lease except as described above. 4. The term of the Lease is through April 1, 2015. Tenant has one remaining option to extend the Lease term for rive years. 5. The current production royalty rate is Greater of S0.10 per ton or 109 of North Bank Royalty. 6. Landlord's current notice address is: 1 May 2913 03:09p Enefit American Oil Co 435-789.4024 5/29/2013 3:19 PM From: Lew Offiva of Angela Roll, PC i (9701 92tf-uy44 1 o: lwa.,.a ua i James G. Snyder p.3 7. Purchaser shall have the right to record against the Landlord's property a memorandum of Lease and of the essignnlenl of the Lease to Purchaser in the reel property records of the county in which the Property is located. The undersigned represents and warrants that slhe is a duty appointed reprasentative of Landlord, authorized to Deliver this Landlord Estoppel Certificate an behalf of Landlord. In this Landlord Estoppel Certificate, where there is a representation based on Landlord's knowledge, that representation is rnade solely upon the actual knowledge or awareness of the undersigned following such conautlalton with current stat! as the undersigned has deemed appropriate. This Landlord Estoppel Certificate n+ay be retied on by Purchaser and its title Company, ane their successors and assigns. IN WITNESS WHEREOF, the undersigned hes executed thls Landlord Estoppel Certificate the day and year first above written. ATTEST/WITNESS: va-395258 LANDLORD James G. Snyder van E. Snyder LANDLORD ESTOPPEL CERTIFICATE THIS CERTIFICATE is made as of M , 2013. WITNESSETH:�°it'��' WHEREAS, by Gravel Lease between (i) James G. Snyder and Jean E. Snyder (cellectiveiy, "Landlord') and (ii) Roaring Fork Resources, Inc. dated May 1, 2000; as modified or supplemented by (1) Memorandum of Lease (Snyder) between (x) James G. Snyder and Jean E. Snyder and (y) Roaring Fork Resources, Inc. dated May 29. 2001; (2) Addendum to Gravel Lease between (x) James G. Snyder and Jean E. Snyder and (y) Roaring Fork Resources, Inc. dated June 21, 2001; (3) Lessor's Estoppel Certificate (Snyder Leese) from (x) James G, Snyder and Jean E. Snyder to (y) Western Mobile inc. dated May 29, 2001, which among other things consents to the assignment of the Gravel Lease to Western Mobile Inc.; (4) Assignment of Lease (Snyder) between Roaring Fork Resources, Inc. and Western Mobile, Inc, dated June 22, 2001; (5) Memorandum of Agreement between Lafarge West, inc. (successor in interest to Western Mobile, Inc.) ("Tenant') and Landlord, dated June 23, 2005; and (S) Extension Letter from Tenant to James G. Snyder and Jean E. Snyder dated March 30, 2010 (collectively, the "Lease"), Landlord leases to Tenant certain property iocatvd in Garfield County, Colorado, as more fully described in said Lease (the "Property") for a term and upon the terms and conditions set forlh in said Lease, and WHEREAS, Oldcastie SW Group, Inc. ("Purchaser') entered into an Asset Purchase Agreement with Lafarge West, Inc. dated as of May 2, 2013 (the 'Purchase Agreement"), pursuant to which Purchaser has the right to acquire certain rights, properties and assets owned or held by Lafarge West, inc. or used by Lafarge West, Inc. primarily related to Lafarge West, Inc,'s operations in Colorado as more particularly described in the Purchase Agreement (the "Acquisition"). Landlord understands that in connection with the Acquisition, Purchaser has requested an estoppel certificate certifying as to the facts set forth below. NOW, THEREFORE, Landlord hereby certifies to Purchaser as follows: 1. Attached to this Certification as Exhibit A is a true and complete copy of the Lease. The Lease 15 in full force and effect, Landlord has no knowledge of any default an the part of Landlord or Lafarge West, Inc., as tenant, under the Lease, no event has occurred that, with the delivery of notice, the passage of lime or both, would constitute a breath or default under such Lease, and no amounts are past due under the Lease. 2. Lafarge West, Inc. Is In possession of the Property. The Subordinate Agricultural Lease dated June 30, 2000 between Landlord and Gypsum Ranch Co., L LC is still in full force and effect. Except as disclosed In matters of record, no other parties have a right to possess. use, access or occupy any portion of the Property except u R,5pk Gat,, Co . • 3. The Lease has not been changed, modified, amended or assigned except as described above. There are no agreements between Landlord and Lafarge West, Inc. or its affiliates regarding the Property or the Lease except as described above. 4. The term of the Lease is through April 1, 2015. Tenant has ane remaining option to extend the Lease term for five years. 2oyaliy. 5. The current production royalty rate is Greater of S0.10 net ton or 10% of North Bank 6. Landlord's current notice address Is: James G. Snyder 49:5 C41 R . 34 t' 5'tl$-- f'n . erres';l. Jean E. Snyder 7. Purchaser shall have the right to record against the Landlord's property a memorandum of Lease and of the assignment of the Lease to Purchaser in the real property records of the county in which the Property is located. The undersigned represents and warrants that slhe is a duly appointed representative of Landlord, authorized to deliver this Landlord Estoppel Certificate on behalf of Landlord. In this Landlord Estoppel Certificate, where there is a representation based on Landlord's knowledge, that representation is made solely upon the actual knowledge or awareness of the undersIgned following such consultation r with current staff as the undersigned has deemed appropriate. This Landlord Estoppel Certificate may be relied on by Purchaser and its title company, and their successors and assigns. IN WITNESS WHEREOF, the undersigned has executed this Landlord Estoppel Certificate the day and year first above written. ATTEST/WITNESS: LANDLORD vs -395258 Ames G. Snyder areP- 2 Jean E. Snyder p.s ASSIGNMENT AND ASSUMPTION OF LEASES AGREEMENT This ASSIGNMENT AND ASSUMPTION OF LEASES AGREEMENT ("Agreement"), dated July 19, 2013, is by and between Lafarge West, Inc., a Delaware corporation ("Assignor") and Oldcastle SW Group, Inc., a Colorado corporation ("Assignee"). ,,ECI1AES: Assignor and Assignee, have entered into an Asset Purchase Agreement, dated May 2, 2013, as amended by the Revivor and Amendment to Asset Purchase Agreement, dated July 19, 2013 (the ",Purchase Agreement"), pursuant to which Assignor agreed to sell certain assets, property, leases, and other agreements to Assignee. Pursuant to the Purchase Agreement, Assignor is assigning to Assignee the leases described on Exhibit A to this Agreement (the "Assumed Leases"). Assignor and Assignee are entering into this Agreement to evidence the assigmunent of the Leases by Assignor to Assignee, and the assumption of each of the Leases by Assignee, subject to the terms of this Agreement and the Purchase Agreement. ACCORDINGLY, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which Assignor and Assignee acknowledge, Assignor and Assignee agree as follows: 1.1 ASSIGNMENT AND ASSUMPTION. a. Assignment. Subject to the terms of the Purchase Agreement, Assignor hereby grants, bargains, sells, assigns, transfers and conveys to Assignee all of Assignor's right, title, and interest in and to the Leases together with all of the rents, deposits, profits and monies to become due thereunder from and after the date of this Agreement. b. Assumption. Subject to the terms of the Purchase Agreement, Assignee hereby accepts the foregoing grant, bargain, sale, assignment, transfer and conveyance of the Leases. Assignee agrees to assume, fulfill, perform and discharge all of the obligations, liabilities, covenants, duties and agreements of Assignor under or with respect to the Leases from and after the date of this Agreement (including, without limitation, all obligations to pay expenses or other financial considerations under or in connection with the Leases). 1.2 MISCELLANEOUS. a. Capitalized Terms. Capitalized terms not defined herein have the meanings assigned to them in the Purchase Agreement. b. Necessary Action. Assignor and Assignee shall perform any further acts and execute and deliver any documents that may be reasonably necessary to carry out the provisions of this Agreement. c. Binding Effect, This Agreement will be binding upon, and will inure to 1 the benefit of, Assignor and Assignee and their respective successors and permitted assigns. d. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. e. Captions. The captions or headings in this Agreement are for convenience and gencral reference only and shall not be construed to describe, define or limit the scope or intent of the provisions of this Agreement. f. Access to Counsel. This Agreement shall not be construed strictly against either Assignor or Assignee. Assignor and Assignee each acknowledge that they have had full opportunity to review this Agreement and have had access to counsel of their choice to the extent they deem necessary in order to interpret the legal effect of this Agreement. g. Counterparts. This Agreement may be executed in one or, more counterparts, and by the different parties in separate counterparts, each of which when executed and delivered shall be deemed to be an .original, but all of which. taken together shall be deemed one and the same agreement. Delivery of an executed counterpart of a signature page to this Agreement by facsimile or Portable Document Format (PDF) shall be effective as delivery of a manually executed counterpart of this Agreement. h. Amendments. No amendment, modification, or termination of this Agreement will be deemed valid unless in writing and signed by Assignor and Assignee. 1. purchase Agreement, This Agreement is being made and delivered pursuant and subject to the terms of the Purchase Agreement, including terms limiting the extent to which Assignee is assuming and agreeing to perform and discharge the liabilities and obligations of Assignor under the Leases. In no event will this Agreement expand, Iitnit or otherwise modify, amend, or change in any way the rights and obligations of Assignor and Assignee under the Purchase Agreement. [Signatures appear on the following page.] 2 theldat it4T1ESS OF TEM AGREEIsiLENTi AsaIgnor and Assignee haveexeented ft of .-flnijiseffordrabalw .• ASSIGNOR! LAFARGE WEST, INC. Y: -.-„Le Warne: \ Title: V [Signature Pages Continue] SIGNATURE PAGE TO. ASSIGNMENT. AND Assumertox OP LEASES AGREEMENT 1. ASSIGNEE: OLDCASTLLE SW GROUP, INC. BY1"C Name: eilitztueir Title: /244 r2 L SIGNATURE PAGE TO ASSIGNMENT AND ASSUMPTION OPLEASES AGREEMENT EXHIBIT A TO ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT 1. Blair Mesa: A. Lease Agreement between Canoll Davidson Partnership, Ltd. (dba Davidson Yellow Jacket Ranch, Ltd., the "Landlord") and Corn Construction Co. (the "Original Tenant") dated December 16, 1996; as modified by (i) Amendment to Lease Agreement between Landlord and Lafarge West, Inc. (successor in interest to the Original Tenant, "Tenant") dated March 20, 2006; (11) Second Amendment to Lease Agreement, dated as of September 24, 2008, between Landlord and Tenant; and (iii) Third Amendment to Lease Agreement between Landlord and Tenant dated as of June 14, 2010. 2. Cerise: A. Gravel Property Lease between Clifford Cerise Ranch Co., L.L.L.P. and Lafarge West, Inc. dated June 30, 2009. 3. Eagle Chambers: A. Sand and Gravel Mining Lease between Loren G. Chambers ("Q inai Landloj4") and Flatiron Paving Company ("First Tenant") dated December 29, 1980; as modified by (i) Assignment and Assumption of Leasehold among Original Landlord, First Tenant and Mobile Premix Company ("Second en t") dated November 30, 1984; (11) Modification to Sand and Gravel Mining Lease between Original Landlord and Second Tenant dated December 8, 1986, and recorded in the official records of the Clerk & Recorder of Eagle County at Book 454, Page 514; (iii) Assignment of Lease among Original Landlord, The County of Eagle (the "Landlord") and Second Tenant dated December 8, 1986, and recorded in the official records of the Clerk & Recorder of Eagle County at Book 456, Page 596; (iv) Second Amendment to Sand and Gravel Mining Lease between Landlord and Western Mobile Pre -Mix Company (successor to Second Tenant) C'T11ird Tenant") dated July 21, 1997, but effective as of April 1, 1996; (v) Third Amendment to Sand and Gravel Mining Lease between Landlord and Western Mobile Northern, Inc. (successor to Third Tenant) ("Fourth Tenant") dated November 2, 1998; (vi) Fourth Amendment to Sand and Gravel Mining Lease between Landlord and Fourth Tenant dated March 20, 2001; (vii) Fifth Amendment to Sand and Gravel Mining Lease between Landlord and Lafarge West, Inc. (successor to Fourth Tenant) ("Tenant") dated March 21, 2006; (viii) Sixth Amendment to Sand and Gravel Mining Lease between Landlord and Tenant dated February 23, 2010; (ix) Seventh Amendment to Sand and Gravel Mining Lease between Landlord and Tenant dated October 12, 2010; (x) Eighth Amendment to Sand and Gravel Mining Lease between Landlord and Tenant dated January 31, 2012; and (xi) Ninth Amendment to Sand and Gravel Mining Lease between Landlord and Tenant dated January 29, 2013 (extends deadline for $2,175,000 capital fluids payment and certain other obligations to 2014). EXIIBITT A TO ASSIGNMENT AND ASSUMPTION OF LEASES AGREEMENT B. SUBLEASE - Agreement for Lease of Plant Site (Eagle West (Chambers Pit) "Area B") dated December 22, 2006 between Lafarge West, Inc. and Elam Construction, Ina., as extended by a letter from Elam Construction dated November 22, 2011. 4. Gypsum: A. Sand and Gravel Mining Lease between Schmidt Ranch Partnership, LLP and Gypsum Ranch Co. LLC (collectively, "Landlord") and Western Mobile, Inc. dated June 22, 2001; as modified by Extension Letter from Lafarge West, Inc. to Landlord dated March 7, 2011, extending lease to June 22, 2016. 5. Latham: A. Gravel Property Lease between the Estate of Charles H. Latham, Thomas F. Latham and Mary Frances Wagoner ("Landlord") and Lafarge West, Inc. dated April 1, 2005; as modified by (i) Extension Letter from Lafarge West; Inc. to Landlord dated March 2, 2010, requesting extension of lease to April 1, 2015; and (ii) Emails from March and June 2010 agreeing on new royalty rate for the extension period; and as assigned effective August 10, 2007 by Assignment of Gravel Lease by Co -Personal Representatives of the Estate of Charles Harvey Latham to Traci Latham Rohrig and David K. Latham, as tenants in common (assignment of only the Estate of Charles H. Latham's interest in this Lease). 6. Mamm Creek: A. Agreement for Sale and Purchase between John Martin, Richard Stephenson and Scott Balcomb and Colorado Rivers Edge, LLC last dated February 15, 2000. B. Gravel Lease: Gravel Lease between (1) James G. Snyder and Jean E. Snyder and (ii) Roaring Fork Resources, Inc. dated May 1, 2000; as modified or supplemented by (1) Memorandum of Lease (Snyder) between (x) James G. Snyder and Jean E. Snyder and (y) Roaring Fork Resources, Inc. dated May 29, 2001; (2) Addendum to Gravel Lease between (x) James G. Snyder and Scan E. Snyder and (y) Roaring Fork Resources, Inc. dated June 21, 2001; (3) Lessor's Estoppel Certificate (Snyder Lease) from (x) James G. Snyder and Jean E. Snyder to (y) Western Mobile Inc. dated May 29, 2001, which among other things consents to the assignment of the Gravel Lease to Western Mobile Inc.; (4) Assignment of Lease (Snyder) between Roaring Fork Resources, Inc. and Western Mobile, Inc. dated June 22, 2001; and (5) Extension Letter from Lafarge West, Inc. to James G. Snyder and Jean E. Snyder dated March 30, 2010, extending the lease to April 1, 2015. C. Sand and Gravel Mining, Lease: Sand and Gravel Mining Lease between Gypsum Ranch Co, LLC and Western Mobile, Inc. dated June 22, 2001; as modified or supplemented by (i) Memorandum of Lease (Mamm Creek) between Gypsum Ranch Co, LLC and Western Mobile, Inc. dated June 22, 2001; and (ii) Amendment to Mamm Creek and North Bank Gravel Property Leases between (x) North Bank Holdings, LLC and Gypsum Ranch Co., LLC and (y) Lafarge West, Inc., signed by both parties on November 1, 2007. Exnmrr A TO ASSIGNMENT AND AssuMPrroN of Lenses AGREEMENT D. Memorandum of Agreement between Lafarge West, Inc. and James G. Snyder and Jean E. Snyder, dated June 23, 2005. 7. Minturn: A. Town of Minturn Lease Agreement between the Town of Mintum and Lafarge West, Inc. effective November 1, 2010, as approved by Town of Minturn, Colorado Ordinance No. 17, Series 2005. 8. North Bank: A. Gravel Property Lease between North Bank Holdings, LLC ("Landlord") and Lafarge West, Inc. ("Tenant") dated May 27, 2005; as modified or supplemented by (i) First Amendment to Gravel Property Lease between Landlord and Tenant dated June 30, 2005; and (ii) Amendment to Mamm Creek and North Bank Gravel Property Leases between (x) North Bank Holdings, LLC and Gypsum Ranch Co., LLC and (y) Lafarge West, Inc., signed by both parties on November 1, 2007. 9. Powers: A. Lease Agreement between Estate of John G. Powers, Deceased ("Original Landlord") and Roaring Fork Sand & Gravel Company, Inc.("First Tenant") dated April 19, 2001; as modified by (i) First Amendment to Lease Agreement between Original Landlord and Western Mobile, Inc. ("Second Tenant") dated June 22, 2001; (ii) Second Amendment to Lease Agreement between Crystal Ranch Corp. ("Landlord") and Lafarge West, Inc. ("Tenant") dated June 30, 2008; (iii) Third Amendment to Lease Agreement between Landlord and Tenant dated as of September 18, 2009; and (iv) Fourth Amendment to Lease Agreement between Landlord and Tenant dated as of November 15, 2010. This lease is in the process of being extended (anticipated pre -Closing) and amended (anticipated post -Closing). 10. Sievers: A. 1986 Gravel Lease: Lease and Agreement for the Mining and Sale of Gravel between The Sievers Ranch and Development Company ("First Landlord") and Western Sand & Gravel, Inc. (fka First Tenant) to Mobile Premix Company ("First Tenant") dated November 1, 1986; as modified or supplemented by (i) Short Form Lease between First Landlord and First Tenant dated November 1, 1986, recorded December 22, 1986 at Book 701, Page 781; (ii) Assignment of Leases between First Landlord and Aspen Glen Golf Partners, Ltd. dated December 14, 1992; and (iii) Letter dated 11/15/1994 from law firm advising Western Mobile Northern Inc. (successor to First Tenant) that Aspen Glen Golf Partners (successor to First Landlord) transferred the property that is "subject to the gravel lease" to Estate of Walter M. Gleason. Pursuant to the November 17, 1987 Last Will & Testament of Walter M. Gleason, two testamentary trusts were created, the Gerber Trust and the Gleason Trust. Trustees for these two trusts are the signatories on behalf of the Estate of Walter M. Gleason. EXIMIT A TO ASSIGNMENT AND ASSUMPTION OF LEASES Aonna ll3NT B. Concrete Batch Plant: Lease and Agrcement for the Operation of "A Concrete Batch Plant' between First Landlord and First Tenant dated November 1, 1986. Pursuant to the November 17, 1987 Last Will & Testament of Walter M. Gleason, two testamentary trusts were created, the Gerber Trust and the Gleason Trust. Trustees for these two trusts are the signatories on behalf of the Estate of Walter M. Gleason. C. Asphalt Batch Plant: Lease and Agreement for the Operation of "An Asphalt Batch Plant" between First Landlord and First Tenant dated November 1, 1986. Pursuant to the November 17, 1987 Last Will & Testament of Walter M. Gleason, two testamentary trusts were created, the Gerber Trust and the Gleason Trust. Trustees for these two trusts are the signatories on behalf of the Estate of Walter M. Gleason. D. Agreement between Aspen Glen Golf Partners (successor to First Landlord) and Western Mobile Northern Inc. (successor to First Tenant) dated August 16, 1993 regarding Glen Aspen P.U.D. obligations. E. SUBLEASE — Plant Site Lease Agreement between Western Mobile Northern, Inc. and Grand River Construction Company dated March 1, 1995; as modified by (i) Extension of Lease between Lafarge Corporation and Grand River Construction extending the lease term to March 1, 2010; and (ii) Extension of Lease between Lafarge Corporation and Grand River Construction extending the lease term to March 1, 2015. F. SUBLEASE — Plant Site Lease Agreement between Lafarge West, Inc. and Oldcastle SW Group, Inc., dated July 15, 2013. 11. Silt: A. Lease and Agreement for the Operation of a Concrete Batch Plant dated February 20, 1998 between (i) Fred Frei and Janet Frei, (ii) Flag Resources, Inc., and (iii) Western Mobile Northern, Inc. 12. Steamboat: A. Agreement for Lease of Plant Site with Right of First Refusal between Toby W. Spikes and Lafarge West, Inc. dated October 3, 2006. 13. Woody Creek: A. Agreement for Lease of Plant Site between Elam Construction, Inc. and Lafarge West, Inc. dated December 22, 2006; as modified by (i) Letter from Lafarge West, Inc. to Elate Construction, Inc. dated November 14, 2011 extending lease term; and (ii) Letter from Elam Construction, Inc. to Lafarge West, Inc. dated November 22, 2011 agreeing to extension. $XIIIHrr A TO ASSIGNMENT AND ASSUMPTION OF LEASES AGREEMENT ■111HNFAM, Pi PLI N'itlar4.1114.1150iedivi 11111 Oe2Spptn8:5279 Jean Rlberioo 1Bor .A kve Fees$D OR Doc Fae:0.00 GARFIELD COUNTY CO STATE OF COLORADO )ss County of Garfield Se'e, C' / .7pk At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building in Glenwood Springs on Monday, the 136 day of June A.D. 2016, there were present: John Martin ,Commissioner Chairman Mike Samson . Cosrrssioner Tom Jankovsky , Cotn,missionef Tari Wjlliams . Cojtnty Attorney Ian Shute A sstant County Attorney Jean Alberloo . Cle&o# the Board j(evio Batchelder . County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. /d - it"? A RESOLUTION OF APPROVAL FOR A SUBSTANTIAL AMENDMENT TO THE CONDITIONS OF APPROVAL OF A MAJOR IMPACT REVIEW LAND USE CHANGE PERMIT FOR THE POWER'S PIT CONCRETE BATCH PLANT (RESOLUTION 2011-77) ON A 5,85 ACRE PORTION OF A LARGER 35.308 ACRE PROPERTY OWNED BY CRC, LLC AND LOCATED APPROXIMATELY 2 MILES EAST OF THE TOWN OF CARBONDALE OF COUNTY ROAD 103 IN SECTION 26, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH F.M., GARFIELD COUNTY (APPLICATION NUMBER MPAA-02-16-8424) PARCEL NO# 239326400007 Recitals A. The Board of County Commissioners of Garfield County, Colorado, "Board" received a request to modify Condition "h", hours of operation, of Resolution 2011-77 and associated Major Impact Review Land Use Change Permit for a Concrete Batch Plant. B. The Concrete Batch Plant is located on an approximately 5.85 acres area within a larger 35.308 acre property owned by CRC, LLC. C. The subject property is located within unincorporated Darfield County in the Rural zone district, approximately 2 miles east of the Town of Carbondale, Colorado accessed by County 1 1111PAMPA At), El IU Ree_qptian8: B78934 04!R0128t6 OPi$3!32 Elft John fllbariao 2 of 4 Rep Foo;3O.0O [laC Fee!tl,Of] GARFIELD COUNTY CO Road 103. D. Modifications to the conditions of approval of a previously approved Land Use Change Permit may be reviewed as a Substantial Modification under the Garfield County Land Use and Development Code, as amended. E. The Board is authorized to approve, deny or approve with conditions a Substantial Modification to a Land Use Change Permit application resulting in the issuance of an Amended Land Use Change Permit pursuant to the Garfield County Land Use and Development Code, as amended. F. The Board of County Commissioners opened a public hearing on the 13th day of June, 2016 for consideration of whether the proposed Substantial Modification should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. G. The Board of County Commissioners closed the public hearing on the 13th day of June, 2016 to make a final decision. H. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. The hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the proposed Substantial Amendment to Condition "h" in Resolution of Approval Number 2011-77 for a Land Use Change Permit for the Powers Pit Concrete Batch Plant is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in general conformance with the 2030 Comprehensive Plan, as arnended. 5. That the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. 6. That a Waiver from Section 7-1001(11), Hours of Operation, of the Land Use and Development Code of 2013, as arnended, is accepted. 2 llflll fflip.§1Yf l�$f 1.i .1LEFIr �ce liii 11III Rtrtion#: 7 34 Ago! 0 Rem Few:$o O0RDooaFee:Ol0O C RF[ELd CoUUTY Co RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. The Amended Land Use Change Permit for the Power's Pit Concrete Batch Plant is hereby approved subject to compliance with the following conditions: 1. Condition "h" in Resolution 2011-77 shall be amended to read: The concrete batch plant shall be allowed to operate Monday through Saturday from 7:00 a.m. to 7:00 p.rn. while on-site administrative and/or maintenance . activities may operate Monday through Saturday. 6:00 a.m. to 8:00 p.m. There shall be no operations on Sunday except in the case of an emergency or for standard maintenance purposes. Only during the operators contract period for the construction of the Grand Avenue Bridge project in Glenwood Springs, which is expected to occur between 2016 and 2018, shall the Concrete Batch Plant be permitted to operate 24 hours per day, 7 days per week This temporary extension of the lours of operafion shall last no later than the end of the operator's contract for the GrandAvenue Bridge project or December 11, 2019, whichever occursf irst. In addition, the operator .shall provide evidence to the Community Development Department once the contract for the Grand Avenue Bridge project has ended 2. During the 24 hours per day, 7 days per week operational hours during the Grand Avenue Bridge project, product (cement powder, fly ash, and aggregate} shall only be delivered to the site pursuant to the hours of operation for the original approval, specifically between 7 a.m. and 7 p.m. Monday through Saturday. 3. The Parcel Number identified on the Land Use Change Permit recorded at Reception Number 835254 for "Continued Operation of a Concrete Batch Plant known as the Power's Pit Concrete Batch Plant" shall be updated from 2393-234- 00-131 to 2393.-264-00-007. 3 1111 14111MEll MU. rl 111 Retep1ionp: 1178934 06/28/2016 Ga;63139 r#7 Jean Alberto= 4 rr 4 Ran Fael$0 DO Una Fao10.00 GARFIELD COUNTY CO Dated this 0? day of ATTEST: rte,. erk of the Board GARFIBL OMMIS UNT CCU TONERS, COLO , A.D. 20 i S• Y BOARD OF GARFIELD 0 Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN , Aye COMMISSIONER MIKE SAMSON , Aye COMMISSIONER TOM JANKOVSKY , Aye STATE OF COLORADO County of Garfield ) )ss I, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners 4 1 1111! J1f11"�iir"il1Ii INI lf'!1}4lI kilk Eirigi llli 11111 p.ce7pe lnnl4. 45:23x2 S a! 12Rar 87+45:29 P11 .1Fga R1l�OrGRR S & 1 Rai F.�:S$.0q Can F■a�(i.E'i3 GrUFIELO COUNTY CO SPECIAL USE PERMIT for North Bank Holdings, LLC, Gypsum Ranch Co., LLC, and Jim and Jean Snyder (Parcel ID: 2177-122-00-515; 2177-124-00-301; 2177-132-00-300; and 2177-141-00-121) 1n accdrdance with and pursuant to the provisions of the Garfield County Zoning Resolution of 1978, as amended, and Resolution D200s=73 of the Board of County Commissioners of Garfield County, State of Colorado, hereby authorizes, by Special Use Permit, the following activity: Extraction, Storage, Processing, and Material Handling of Natural Resources for a "Gravel Extraction Operation" in the Agricultural / Industrial (Al) zone district The Special Use Permit is issued subject to the conditions set forth in the above- mentioned resolution, and shall be valid only during compliance with such conditions and other applicable provisions of the Garfield County Zoning Resolution, Subdivision Regulations, Building Code, and other regulations of the Board of County Commissioners of Garfield County, Colorado. ATTEST: GARFIELD COUNTY BOARD OF COMMISGARFIELD COUN l , COLO' • DO rk of the Board ail Rid i '��i�� 4 � �, , t1 � Ili 11111 Raarplinn#: 749895 06106(20{19 91:12:12 PM Jean RlbarSoo of 7 thio Few:SO.00 Doo Fray0 00 GRRFSELD couure co STATE OF COLORADO ) )ss County of Garfield ) Ata regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday. May 12, 2003, there were present John Martin , Commissioner Chairman Larry McCown , Commissioner Tiresi Haupt , Commissioner Pan })Ford , County Attorney lean Albedo() , Clerk of the Board Ed Green , Couhty Managci when the following proceedings, among others were had and done, to -wit: RESOLUTION Na 2008-73 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERNIIT APPLICATION FOR EXTRACTION, PROCESSING, STORAGE AND MATERIAL HANDLING OF NATURAL RESOURCES URCFOR O CA PROPERTY OWNED BY NORTH BANK GYPSUM RANCH CO., LLC, JIM AND JEAN SNYDER Farcel lO's: 217742240-515; 2177-124-00-301; 2177-132-00-300 And 2177-141-00-I21 WEEREAS, the Board of County Commissioners of Garfield County, Colorado, has received an application from North BankHol LLC, Gypsum Ranch Cp., LLC and Jim and Jean Snyder for a Special Use Permit ("SUP") for Extraction, Storage, P,coaes.5ifg, and Material Handling of Natural Resources for a Gravel Extraction Operation in the Agricultural I Industrial (Al) sane district; and WHEREAS, on January 214, 2008, the Board of County Commissioners referred the application to the Garfield County Planning Commission for a recommendation in a public hearing; and WHEREAS, the Garfield County Planning Commission opened the public hearing on February 27th, 2008 and continued the hearing to March 26th, 2008, upon the question of whether the above described SUP should be granted or denied, atwhich hearing the public and interested persons were giv'ea the opportunity to express their opinions concerning the approval of said special use 1 - ®III10.f', 4R fI 1,WW. '11 iI> *g 11111 titerat}an# : 7491188 6fF46J2008 01:12.12 PM Joon RRborlao 2 of 7 Roc Fo+,s0.00 Doc Foo:0.00 GPRFIELO COUNTY CO permit; and WHEREAS, nn March 276, 2008, the Garfield County Planning Commission voted to recommend approval to the Board of County Commissioners upon -the question of whether the above described SUP; an.d WHEREAS, the Board of County Commissioners held a public hearing on May 12th , 2008 upon the question of whether the above described SUP should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said special use permit; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has nine the following determination of fact as listed below: 1. Proper posting and public notice was provided as required for the public hearing before the Board of County Commissioners 2. The public hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. The above stated and other reasons, the proposed special use pemait has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. The application has met the requirements of Special Use (Sections 5:03,5:03:07,5:03.08 and 9:03) the Garfield County Zoning Resolution of 1978, as amended. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Culorado, that Special Use Permit is approved fur North Bank Holdings, LLC, Gypsum Ranch Co., LLC and Jim and Jean Snyder for Extraction, Storage, Processing, and Material Handling of Natural Resources for a Gravel Extraction Operation in the Agricultural / Industrial (Al) zone district with all of the following specific conditions: 1. That all representations of the Applicant, either in testimony or the submitted application materials, shall be considered conditions of approval unless specifically altered by the Board of County Commissioners. 2. A well permit must be obtained from the Division of Water Resources prior to exposing greater than 40 acre feet of groundwater on the site. 3. The Applicant shall provide a mapped inventory of noxious weeds on the site. This map shall be submitted prior to issuance of the Special Use Permit. 2 illitimaiwiNININiiitleiriAilifivliN IN 0111 Reccptiantr: 749968 00(Lismo09 01:12:12 PM .Iran Plbarlto 8 of 7 Rea Fae:S0.00 Doc Fme:0.00 GRVIEL0 COUNTY CO 4_ The gravel pit hours of operation will be 7:00 a -m. to 8:00 p.m. Monday through Saturday with crushing, digging, and heavy hauling allowed from 7:00 am to 5:00 pm allowing for administrative and maintenance activities to take place until 8:00 p.m. No operations shall take place on Sunday. Overburdenitopsoii removal may only occur Monday through Friday between the hours of 8 a_m. and 5 pan. 5. All operational activities including, but not limited to employee parking, fuel storage, sanitation facilities and equipment storage shall be limited in location to that area which is within the Mine Boundary as identified on the site plan and is being actively mined at the time. it is understood that these operational activities will occur within each phase as it is being mined and therefore will be not be in a fixed location for the life of the use. 6. In any mining phase, the mined slope length will be backfilled at a minimum of 3H:1V prior to topsoiling and seeding. 7. The amount of miner slope allowed to be, present that is not backfilled at any given time is 1000 feet. 8. The amount of back-filled slope that is not topsoiled is limited to 400 feet. Topsoiling is required on all surface areas down to 5.0' below expected Rater level. 9. Seeding and mulching according to the approved plan will occur on all topsoiled arras each spring (Manch 15 -April 15) or fall (September 15 to November 15) no matter how small the area is. 10. Within_ 6 months of completing mining in any phase, as designated on the Proposed Phasing Schedule of Mineral Extraction, that completed phase must be reclaimed to include topsoiling, seeding, mulching, sapling planting. The seeding timeframe referenced in Condition 9 may be extended due to inclement weather. 11. lint to the revised reclamation pian submitted to the DRMS, a revised bond shall be calculated to cover the revision and sccured withDRMS to cover its implementation and a copy of that bond shall be submitted to Garfield County Building and Planning. 12. All of the conditions are binding of the County pe nit and the State Division of Reclamation, Mining and Safety_ The Division of Reclamation, Mining and Safety can withhold the reclamation bond if the final reclamation is not executed according to the plans. 13. The County will be invited to any bond release inspection of the State Division of Reclamation, Mining and Safety. The County will have the opportunity to demonstrate tont any items of the permit has not been complied with and that bond should not be 3 11111 tillWillailliNhAil,leiXICINIK1 IV 11 11 1 Wtc a pt l o rt8 : 7499$8 O6/46f7009 01:12:12 F1 Jon Rlb.rLeo 1 of 7 Roc Foo:$5.90 to Foo.0.00 CPRFIELD COUNTY CO released. 14. The Operator acknowledges that the County has performance standards inplace that could lead to revocation of the Special Use Permit if continued violations of the permit occur over'a period of time. 15. The Applicant %hall be required to submit a report annually, until such time as the release of the reclamation bond, of the gravel operation for staff review. Upon review of any deficiencies pursuant to conditions of approval or other local, state, or federal permits, Staff may forward the report to the County Commissioners for full review of the Special Use Permit. This Dort shall include GPS measurements shown on a map showing the current disturbance, what areas have been backfil led, where topsoil stockpiles are located, all site structures, what areas have been seeded, mulched and what is planned for the ensuing 12 months. This map shall be overlain on the approved site plan which includes the approved phasing area locations, mine permit boundary and 100' {Colorado River Setback. Copies of annual reports required by and submitted to other agencies including, but not limited to, the City of Rifle, will be attached to the annual report submitted to the County. 16. The County commits to notifying the operator of any compliance concern and allows an inspection with site personnel and the designated County inspector prior to contacting any agency 17. The County can request a site inspection with one calendar day's notice to the Operator. Full access to any part of the site will be granted On request, all paperwork must be shown. The County cannot requesta large number of inspections that would interfere witb normal operation without Carse. 18. A full list of all permits related to the special use shall be provided to the County. Any person et any time cart call the following agencies directly and request an inspection if they believe a condition of that agencies permit is being violated. a. CDPHE Air Quality Control 303-692-3150 b. CDPHE Water Quality Control 303-692-3500 c. US Army Corps of Engineers 970-243-1199 d. Division of Reclamation, Mining and Safety 303-866-3567 e. CDOT Grand Junction office 970-248-7000 19. All mining activities shall be required to comply with the following performance standards: (1) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. 4 1111 IIMIni'FAN tIPireghWitWIN 11III Floc alp Uonla; 749BBB 3 7 sN2 Fa2'12 OPPnc JFpap 0oi0 10.0 COIIJYY CO (2) Vibration generated! every use sl a.11 be so operated-that the ground vibration inherently and recurrently generated is not perceptible, without instnunents, at any point of away boundary line of the property on which the use is located (3) Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards. (4) Emission of heat, glare, radiation and flames: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjaiaing property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which rimy be required by law as safety or air pollution control measures shall be exempted from this provision. (5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas: (A) Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and law and shall comply with the national, state and local fire codes and written recomnleadatians / comments from the appropriate local protection district regarding compliance with the appropriate codes; (B) At the discretion of the County Commissioners, all outdoor storage facilities may be required to be enclosed by fence, landscaping or wall adequate to conceal such facilities from adjacent property; (C) No materials or wastes shall be deposited upon a property in such foram or manner that they may be transferred off the property by any re.asonably foreseeable natural causes or forces; (D) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards: 1. The minimum lot size. is five (5) acres and is not a platted subdivision. 2. The equipment storage area is not plaid any closer than 300 ft. from any existing residential dwelling. 3. Deleted 4. Any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a.m. to 6 p.m., Mon.-Fri. 5. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of--way. (F) Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property 5 1111K 11111 Rocipt16n#: 749288 08/66/2608 01:12:12 Pct Joan Rlt.rioa 6 of 7 RID Fee:$O O?G Pet -020 GARFIF.LD COUNTY CO (6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. ALI percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin_ 20. The applicant shall re -apply to the Colorado Department ofTransportation (CDOT) for a revised State Highway Access Permit. 21. The applicant shall consider provision of a dry hydrant utilizing the ponds for fire protection Dated this agYid day of , AD. 20Q . ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Upon motion duly made and seconded the forego following vote: COMMISSIONER CHAJR JOIN F. MARTIN COMMISSIONER LARRY L. MCCOWN , Aye , Aye COMMISSIONER T1SI I-IOUPT , Aye STATE OF COLORADO )ss County of Garfield 1, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records ofthe Proceeding of the Board of County Commissioners for said Garfield County, now in my office. 6 11111411, l IMli I M A>NICI ,'IWJ Iii 11'41111 RecspUl I t. 796988 r261R011B o1 I2s12 PK 3asn N11111oOOFIto Ty CO 7 a1 7 Rac aa:50.B0 Doo Fea:O. C IN WITNESS WHEREOF, I have hereunto set my band and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 • County Clerk and ex -officio Clerk of the Board of County Commissioners ■ 111111111Forbekni,111041A Gl 1114 1111 11°41'1ki :aG$ n0b RmLR CP'3HTY CO A. y. c LAND USE CHANGE PERMIT for A ±218 --,ACRE PARCEL OF LAND OWNED BY NORTH BANK HOLDINGS. LLC, GYPSUM RANCH CO., LLC & JIM AND JEAN SNYDER OF WHICH 78 -ACRES ARE OPERATED AS THE NORTH BANK GRAVEL PIT BY LAFARGE WEST, INC. LOCATED 2.2 MILE EAST OF THE CITY OF RIFLE ON THE SOUTH SIDE OF HIGHWAY 8 IN THE SW % NE % OF SECTION 9, TOWNSHIP 8 SOUTH, RANGE 98 WEST OF THE 8TH PM, GARFIELD COUNTY PARCEL NUMBERS 2177-122-00-515; 217.7-124-00-304; 2177-132-00-300; AND 2177-141-00-121 In acoordance with and pursuant to the provisions of the G i rfieid County Unified Land Use Resolution of 2008, as amended, and Resolution No. 2012 -179 of the Board of County Commissioners of Garfield County. State of Colorado, hereby authorizes. by Land Use Change Permit, the following activity: "Extraction, Processing, Storage, and Material R'andiing of a Natural Resource" (SURA 7128) For the North Bank Gravel Pit This Amended Land Use Change Permit Is issued to extend the operation timeframe to 2022. The issuance of this permit supersedes and replaces In its entirety prior approvals related to this use. This permit is subject to the conditions set forth in the above-mentioned resolution, and whish shall be valid only during compliance with such conditions and other applicable provisions of the Garfield County Unified Land Use Resolution of 2008, as amended, Building Code, and other regulations of the Board of County Commissioners of GarW1d County, Colorado. GARFIELD COUNTY BOARD OF COMMISSION GARFIELD LINTY, CO s t R f) O lark of the Board Chairma 1 1111K KIIIPJ0111AlitirktillittrifiliablANIii 11111 Rea.ptinnG: 749333 O6I{1777(af 12,40-14 PM Joan Albertan of ! R.*.: Fee .SC.OD Doo Fee;0.00 GARFIELD COUNTY CO r .ADMINISTRATIVE PEPMJT for A tract of Land in the NE % of Section 12, Township 6 South, Range 93 West of the 6th P.M, owned by North Bank Holdings LLC, Gypsum Ranch Co., LLC and Jim and Jean Snyder Parc4elID; 2177-122-00-515; 2177-124-00-301; 2177-132-00-300 and 2177-141-00-121 In accordance with and pursuant to Section 6.00 of the Garfield County Zoning Resolution of 1978, as amended, and Resolution No. 2006 - 79 ofthe Board of County Commissioners of Garfield County, State of Colorado, the Director of the Building and Planning Department hereby authorizes, by Administrative Pennlit, the following activity: The placement of conveyor bridge supports and related construction grading in the flood -fringe of the designated 100yearfoodplain ofthe Colorado River. The Administrative Permit is issued subject to the conditions set forth in Exhibit A (attached hereto), and shall be valid only during compliance with such conditions and other applicable provisions of the Garfield County Zoning Resolution, Subdivision Regulations, Building Code, and other regulations of the Board of County Commissioners of Garfield County, Colorado. BUILDING AND PLANNING DEPARTMENT, GARFIELD COUNTY, COLORADO Director /48 Date 117.611:liatML rit! 111141h1I `lillitClii IR 11111 Rcc• !lonfl z1 7 i� p 7 a re Frr:54.�9i Roc Fre,0.0�.(i X.FIELO o4JuY 00 STATE OF COLORADO ) )ss County of Garfield ) At a scgular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Roorn, Garfield County Courthouse, in Glenwood Springs ori, Monday, July 16, 2012, there were present: ,lohu Marin Absent , Commissioner Chairman Mike Sam ori , Commissioner Torn Jankovsky , Commissioner Carey Orman , Acting County Attorney Icon Ali er c Absent , Clerk ofthe Board Andrew Gorge), , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. ala Ja— 47 A RESOLUTION OF APPROVAL 1!UR AN AMENDMENT TO A SPECIAL USE PERMIT FOR `EXTRACTION, PROCESSING, STORAGE AND MATERIAL HANDLING OF NATURAL RESOURCES' FOR THE NORTH BANK GRAVEL PIT LOCATED 2.2 MILES EAST OF TUE CITY OF RIFLE ON PROPERTY OWNED BY NORTH BANK HOLDINGS, LLC GYPSUM RANCH CO., LLC, TIM AND JEAN SNYDER Parcel ID's: 2177-122-00-515; 2177-124-00-301; 2177-132.00300 And 2177441-00-121 Recitals A. The Board of County Commissioners of Garfield County, Colorado, (the Board) received a request to amend an existing Land Use Change Permit (Special Use Permit) that allows for operation of the North Bank Gravel Pit. The Applicant requested amendment of the Permit to extend their phasing plan from 2016 to 2022 due to the economic downturn in construction and Oil & Gas activity_ B. The subject parcel is tooted in unincorporated Garfield County within the Rural zone district. Access to tho site is from State Highway 6, across the existing railroad corridor. The North Bank Holdings, LLC site is described in a General Warranty Deed recorded at Reception Number 635887: 1 7 ■ill l I�i�il5' I ��+�', cat i1 IrI pfi a il4 H ill ilea w1l+k"nntl 6224]p7 2 O 4 an nee Sti p0 AOIS a:o O4 C RFIEU COUNTY CO C. A Special Use Permit for "Extraction, Processing, Storage and Material Handling" was approved toad memorialized in Resolution 2008-73 and a Special Use Permit recorded at Reception 750622. D. The Board is authorized to approve, deny or approve. with conditions an Amendment to a Land Use Change Permit pursuant to the Unified Land Use Resolution of 2008, as amended. E. The Geld Courtly Planning Cotnmission opened a public hearing nn the 11th day of April, 2012 upon the question of whether the above described amendment should be recommended for approval, approval with conditions, or denial, at which hearing the public and Interested persons were give the opportunity to express their opinion regarding the rcqueat. F. The Garfield County Planning Commission closed the public bearing on he 11th day of April, 2012 at which time the Commission voted unanimously to recommend approval, with conditions, of the rCquested amendment. O. The Board opened a public hearing on the 16th day (Wilily, 2012 for consideration of whether the above described amendment should be approved, approved with conditions, or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. t -L, The Board of County Commissioners closed the public hearing on the 16(" day of July, 2012 to make a final decision. 1. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, hes made the following determinations of fact: 1. That proper public notice wan provided as required for the hearing before the Board of County Commissioners. 2. The bearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were hated at tliat meeting. 3. 'That for the above stated and other remains the proposed amendment to the Special Use Peewit for North Bank Gravel Pit is in the best interest of the health, safety, convenience, order. prosperity and welfare of the citizens of Garfield County if recommended conditions of approval are adopied. 4. Tat, with upon compliance with conditions of approval, the application is generally compliant with the 2030 Comprehensive Plan, as amended. S. That, upon compliance with the conditions of approval, the application bus adequately met the requirements of the Garfield County Unified Land Use Resolution 2 ' I , gtria11111 PAIL - r 7Lyr .aaJpeitR,RP 9filic14..1) COUNTY CO of 2008, as amended. RESOLUTION NOW THEREFORE, RE IT RESOLVED by the Board of County Commissioners of Gurrc:.id County, Colorado, that A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. This resolution replaces and supersedes in its entirely ail previous land use permits regarding the `Extraction, Storage, Processing, and Material Handling of u Natural Resource' for the North Bunk Gravel Pit including, but not limited to, Resolution 2008- 73. + C. The amended Land Use Change Permit for the North Dant; Gravel Pit, extending the permit tirneframe from 2016 to 2022, is hereby approved subject to compliance with the following conditions: l_ That all representations of the Applicant, either in testimony or the submitted application materials, shall be considered conditions of approval unless specifically altered by the Board of County Commissioners. 2. A well permit must be obtained from the Division of Water Resources prior to exposing greater than 40 acre feet of groundwater on the site, 3, the Applicant shall provide a mapped inventory of noxious weeds on the site. This map Shall be submitted prior to issuance of the Special Use Permit. 4. The grovel pit hours of operation will be 7:00 a.m., to 8:00 p.m. Monday through Saturday with crushing, digging, and heavy hauling allowed from 7:00 am to 6:00 pm allowing for administrative and maintenance activities to take place until 8:40 p.nt. No operations shall take place an Sunday. Overburdealtopsoil removal may only occur Monday through Friday between the hours of 8 a.rn. and 5 p.m. 5. All operational activities including, brit not limited to employee parking, fuel storage, sanitation facilities and equipment storage shalt he limited in location to that arca which is within the Mine Boundary as identified on the site plan and is being actively rained at the time. it is understood that these operational activities will occur within mkt phase as it is beim mined and therefore will be not be in a fixed location for the life of the use. 6. in any mining phase, the mined slope length will be backfilled at a minimum of 3H:1 V prior to iopsoiling and seeding. 3 ■III AndlailleiNJI,IVIAkil iftWCiatitIPill Wirt 11111 RIo pthat(' B2x487 1101 07/2012 111:24 AM 3•pn A if fl r1ac A o} 7 Neo Feais0.60 Uec Fear .0Z GRRF1EW COUNTY co 7. The amount of mined slope allowed to bc present that is not Undefined at any given time is 1000 feet. 8. The amount of backfilled slope that is not topsoiled is limited to 400 feet. Topsoiling is required on all surface areas down to 5.0' below expected water level. 9. Seeding and mulching according to the approved plan will occur on all topsoiled areas each spring (March 15 -April 15) or fall (September 15 to November 15) no matter how small the area is. 10. Within 6 months of completing mining in any phase, as designated on the Proposed Phasing Schedule of Mineral Extraction, that completed phase must be reclaimed to include tapsuiling, seeding, mulching, saplings planting. The seeding timeframe: referenced in Condition 9 may bc extended due to inclement wcather' 11. Pursuant to the revised reclamation( plan submitted to the DRMS, a revised bond shall be calculated to cover the revision and secured. with DRMS to cover its implementation and a copy of that bond shall be submitted to Garfield County Building and Planning. 12. AU of the conditions aro binding of the County permit and the State Diivision of Reclamation, Mining and Safety. The Division of Reclamation, Mining and Safety can withhold the reclamation bond if the final reclamation is not executed according to the plans. 13. The County will be invited to any bond release inspection of the State Division of Rechunntion, Mining and Safety. 'Ile County will have the opporteuiity to demonstrate that any item of the pcmait ha.s notbeen complied with and that bond should not be released. 14. The Operator acknowledges that the County has performance standards in place that could lead to revocation of the Spacial Use Permit if continued violations of the penult occur over a period of tithe. 15. The Applicant shall be required to submit a report annually, (until such tittle as the release of tlx reclamation bond, of the gravel operation for staff review. Upon review of any deficiencies pursuant to conditions of approval or other local, state, or federal permits, Staff may forward the report to the County Commissioners for full review of the Special Use Permit. This report shall include CIPS measurements shown on a map showing the current disturbance, what areas have been backfilled, where topsoil stockpiles are located, all site structures, what arms have been seeded, mulched and what is planned for the ensuing 12 months. This map shall be overlain on the approved site plan which includes the approved phasing area locations, mine permit boundary and 100' Colorado River Setback. Copies of annual reports requited by 4 ■ 11 W iV �YEN E llt1 f=1r Ming 11111 e i �: 45oo'lna, v4c1O6anrrn n court do and submitted to otber agencies including, but nut limited to, the City of Rifle, will be attached to the annual report submitted to the County. 16. The County commits to notifying the operator of any compliance concern and allows an inspection with site .personnel and the designated County inspector prior to contacting any agency. 17. The County can request a site inspection with one calendar day's notice to the Operator. Full access to any part of the site will be granted. On request, all paperwork must be shown. The County cannot request n large number of inspections that would interfere with normal operation without cause. 18. A full list of all permits related to the special use shalt be provided to the County. Any person at any time can call the; following agencies directly and request an inspection if they believe a condition of that agencies permit is being violated. a. CDPI-IE Air Quality Control 303-692-3150 b. CDPHE Water Quality Control 303-692.3500 c. US Army Corps of Engineers 970-243-1199 d. Division of Reclamation, Mining and Safety 303-866-3567 e. CDOT Grand Junction office 970-248-7000 19. All mining activities shall be required to comply with the following performance standards: (1) Volume of sound generated shall comply with the stanchrds set forth in the Colorado Revised Statutes at the time any new application is made. (2) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located. (3) Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards: (4) Emission of heat, glare, radiation and fumes: every use shall be so operated that It does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warming signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision. (5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas: (A) Storage of flammable or explosive solids or ga.3es shall he in 5 1111 111M11/211111ki L Irilli I 1 `I Til 11111 Recaptitonk: $/2497 }.m� a! co .0p1071RD1Z a ppp� ti trT 7 r+oa Fna:fQ� Rad Fea.c@0 �RFtELO COUNfY co awurdanco with accepted standards and laws and shall comply with the national, state and local fire cedes and written recommendations / comments from the appropriate local protection district regarding compliance with the appropriate codes; (H) At the discretion of the County Commissioners, ail outdoor storage facilities may be required to be enclosed by fence, landscaping or wall adequate to conceal such fhailities from adjacent property; (C) No materials or wastes shall he deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural corpses or forces; (D) Sturtge of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards: 1. , The minimum lot size is five (5) acres and is not a platted subdivision. 2. The equipment storage area is not placed any closer than 300 ft. from any existing residential dwelling, 3. Deleted 4. Any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of fi a.rn. to 6 p.m., Mon.-Fri. 5. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. (F) Any lighting of storage arca shall be pointed downward and inward W the property center and shaded to prevent direct reflection on adjacent properly. (6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmenta! Protection Agency before operation of the facilities may begin. All percolation tests or ground water resource tests as may he required by local or State Health Officers must be mct brfore operation of the facilities may begin. 20. The applicant shall re-apply to the Colorado Department of Transportation (CDOT) for a revised State Highway Access Permit. 21. The applicant shall consider provision of a dry hydrant utilizing the ponds for fire protection. 22. The Phasing Flan for the remaining 63 aches of the raining area shall bo completed in September 2022 and occur in the progression and timeframe as stipulated in the Revised Phasing Plan. 6 R Qu mritzlI +,tF - lI7 FooMA1t.. JFan R. riv0 '1 e1 7 NovRw Foa:fO.$p a u:0. � GpRF[QLO COUNTY CA Dated this (.0417 day of _ A.D. N l �-- ATTEST: ark of the Board -OUNTY BOARD OF RS, GARFIELD Upon motion duly made and seconded the foregutng Resoj onyies'adopted by the following vote: QlviMiSSiONEIi Gtxaru JOHN F'. MARTIN , Absent COWITSS€OVER MIKE SANI,SON , Aye COKVIISSION.,EI( TOM JANIKOVSKY , Aye STATE OF COLORADO County of Garfield )ss i, , County Clerk sad ex -officio Clerk of the Board of County Commissioners, in and for the County and Slate aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNBSS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex -officio Clerk of Board of County Commissioners 7 Parcel 217714100121 Parcel /217711300450 '-117711300451 .417711400294 ,/117711400452 X�17712200515 . 217712400301 A17714100121 ./17715100007 )217715100050 ▪ 17715100054 PROPERTY OWNER TO PARCEL 217714100121 Owner Name Gypsum Ranch Co LLC Address P 0 Box 1533, Glenwood Springs, CO 81602 ADJACENT PROPERTY OWNERS TO PARCEL 217714100121 Owner Name Oldcastle SW Group, Inc. Oldcastle SW Group, Inc. Oldcastle SW Group, Inc. Yvonne D Chambers North Bank Holding LLC James Snyder Family Partnership LLLP Gypsum Ranch CO LLC Rivers Edge LLC City of Rifle Rivers Edge LLC Address PO Box 3609, Grand Junction, CO 81502 PO Box 3609, Grand Junction, CO 81502 PO Box 3609, Grand Junction, CO 81502 28580 Highway 6, Rifle, CO 81650 P 0 Box 1533, Glenwood Springs, CO 81602 2495 County Road 346, Silt, CO 81652 P 0 Box 1533, Glenwood Springs, CO 81602 P 0 Box 3609, Grand Junction, CO 81502 P 0 Box 1908, Rifle, CO 81650 P 0 Box 3609, Grand Junction, CO 81502 Parcel 217712400301 Parcel 217711400294 217712200515 217712400301 217713200300 217714100121 217907100292 217907200082 217907400099 A.C.6 PROPERTY OWNER TO PARCEL 217712400301 Owner Name James Snyder Family Partnership LLLP Address 2495 County Road 346, Silt, CO 81652 ADJACENT PROPERTY OWNERS TO PARCEL 217712400301 Owner Name Oldcastle SW Group, Inc. North Bank Holding LLC James Snyder Family Partnership LLLP James Snyder Family Partnership 1I LLLP Gypsum Ranch Co LLC Island Park LLC Alan H Coloroso Grant Bros Ranch Ltd Address P 0 Box 3609, Grand Junction, CO 81502 P 0,Box 1533, Glenwood Springs, CO 81602 2495 County Road 346, Silt, CO 81652 3495 County Road 346, Silt, CO 81652 P 0 Box 1533, Glenwood Springs, CO 81602 2311 Meadowlark Lane, Glenwood Springs, CO 81601 No mailing address on website P 0 Box 1027, Basalt, CO 81621-1027 Parcel 217712200515 Parcel 217701400011 217711100359 217711400294 217712100089 217712100238 217712100513 217712100514 217712200094 217712200243 217712200515 217712400301 217714100121 217907200082 217907200638 /.G.c PROPERTY OWNER TO PARCEL 217712200515 Owner Name North Bank Holding LLC Address P 0 Box 1533, Glenwood Springs, CO 81602 ADJACENT PROPERTY OWNERS TO PARCEL 217712200515 Owner Name Jesse Lee Estes Family Trust Allied Energy Services Real Estate LLC Oldcastle SW Group, Inc. James R & Colleen Joan Carnahan Robert L & Karr & Barbara L & S. Ray & Garrett C Hoffmeister North Bank Holdings, LLC North Bank Holdings, LLC Kip D Costanzo LLC Myers & Associates Properties, LLC North Bank Holding LLC James Snyder Family Partnership LLLP Gypsum Ranch Co LLC Alan H Coloroso Marcelino Holguin Address 29979 Highway 6, Rifle, CO 81650-9453 1000 Louisiana, Suite 3850, Houston,,TX 77002 P 0 Box 3609, Grand Junction, CO 81502 29641 Highway 6, Rifle, CO 81650 1437 County Road 129, Glenwood Springs, CO 81601 P 0 Box 1533, Glenwood Springs, CO 81602 P 0 Box 1533, Glenwood Springs, CO 81602 759 36 3/10 Road, Palisade, CO 81526 P 0 Box 2570, Basalt, CO 81621 P 0 Box 1533, Glenwood Springs, CO 81602 2495 County Road 346, Silt, CO 81652 P 0 Box 1533, Glenwood Springs, CO 81602 No mailing address on website 30075 Highway 6, Rifle, CO 81650 Parcel PROPERTY OWNER TO PARCEL 217713200300 Owner Name Address 217713200300 James Snyder Family Partnership 11 LLLP 3495 County Road 346, Silt, CO 81652 ADJACENT PROPERTY OWNERS TO PARCEL 217713200300 Parcel Owner Name Address 1217712400301 James Snyder Family Partnership LLLP 2495 County Road 346, Silt, CO 81652 217713200300 James Snyder Family Pau tnership II LLP 3495 County Road 346, Silt, CO 816512 THE LAN DSTbD 0 landscape architecture lard planning community planning 365 River Bend Way • Glenwood Springs • CO 81601 • Tel 970 927 3690 • landstudio2@comcast.net June 27, 2017 Pete Siegmund Old Castle Materials. Re: Mineral Interest Research for parcels 217714100121, 217712400301, 217712200515, 217713200300, Garfield County, CO. The following Process was followed on June 26, 2017: 1. Review of the current ownership deeds for the above parcels for Aneral interests or exceptions to title other than for owners of the property 1' -d `James Snyder Mans ement. LLC., 3495 Coiuty Rd. 346 Silt, CO. 8165 • ypsum Ranch CO LC, P.O. Box 1533 Glenwood Springs, CO 81602., a orth Bank Hol i g TLC, PO Box 1533, Glenwood Springs, CO 81602. Review of Reception numbers 739173, 828626, 635887, and 840873 for mineral interests. 3. Checked with the Assessors office to determine no mineral interest has been reserved from the subject property and there are no active mineral accounts. 4. Research of the legal description of the property with the Clerk and Recorder's computer, no other mineral owners found. 5. Research of whether a Notice of Mineral Estate Ownership was filed for the subject property, no documents found. 6. Research of any transfer deed of the mineral interest to present day. None found. THE LAND STUDIO, INC By: • +stir er err Julie J. Pratte The Land Studio, Inc. 2273 River Road P.O. Bos 3609 Grand Jct„ CO 81502 www.united-gj.com (970) 243-4900 June 26, 2017 An Oldcastle Materials Company Cliderairile 3794 County Road 109 Glenwood Springs, CO 81601 (970) 704-4800 13124 6175 Road Montrose, CO 81403 (970) 249-1815 964 CR 63L Telluride, CO 81435 (970) 728-3775 vvww.telluridegravel.com Via email dpesnichak@garfield-county.com Garfield County — Community Development 108 8'h Street, Suite 401 Glenwood Springs, CO 81601 A. e. Attention: David Pesnichak, Garfield County Senior Planner Regarding: 4-118 Waiver of Standards regarding Mamm Creek Gravel Pit David, • Per the requirements set forth in Section III. Submittal Requirements Item B. Oldcastle SW Group, Inc. dba United Companies requests a Waiver Request for Section 7-1001H regarding Hours and Days of Operations (currently Monday through Saturday 7am to Bpm) to allow the supply of aggregate material to the Grand Avenue Bridge project. CDOT specifications, scheduling & traffic safety program require that the aggregate material (United Companies) is made available 24 hours a day, 7 days a week for the specified period of August 2017 through November 2017 at a minimum. This waiver request is project specific to the Grand Avenue Bridge Project and will not apply to other projects not related to the Grand Ave. Bridge project. The justification for this request is the pit will not exceed its daily production limits (see attached Exhibit A.9.a) and will not exceed fugitive dust emissions limits set forth in State permit # 01GA0979F (See attached Exhibit A.8.a). We feel this waiver imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this Code. Respectively Submitted by; age JasoTi eurkey Environmental/Resource Manager Oldcastle SW Group, Inc. jburkey@oldcastlematerials.com COLORADO Air Pollution Control Division Department of Public Health & Environment g. CONSTRUCTION PERMIT Permit number: 01 GA0979F Date issued: Issued to: Issuance: 6 February 23, 2017 Oldcastle SW Group Inc., dba United Companies Facility Name: Plant AIRS ID: Physical Location: County: i General Description: Mamm Creek (including North Bank) 045/0364 3095 County Road 346 Rifle Garfield Sand and gravel pit Equipment or activity subject to this permit: Facility Equipment ID AIRS Point Description N/A 001 Material extraction, handling, stockpiling. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AiR POLLUTION PREVENTION AND CONTROL ACT C.R.S. (25-7-101 et seq), TO THOSE GENERAL TERMS AND CONDITIONS INCLUDED IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: REQUIREMENTS TO SELF -CERTIFY FOR FINAL APPROVAL 1. This construction permit represents final permit approval to operate this emissions source. Therefore, it is not necessary to self -certify. (Regulation Number 3, Part B, III.G.5). EMISSION LIMITATIONS AND RECORDS 2. Emissions of air pollutants must not exceed the following limitations (as calculated using the emission factors included in the Notes to Permit Holder section of this permit). (Reference: Regulation Number 3, Part B, II.A.4) Annual Emission Limits: Facility Equipment ID AIRS Point Tons per Year Emission Type TSP PMto PM2.5 NOx CO N/A 001 79.4 23.1 2.4 -- -- Fugitive Transfer Points 13.4 4.8 0.5 -- -- Point Note: In the absence of credible evidence to the contrary, compliance with the fugitive emission limits are demonstrated by complying with the production limits listed below and by following the attached particulate emissions control plan. COLORADO Mr Pollution Control Division Dem Mount ol Publte Heexh & Emkoivnent Page 1 of 7 PROCESS LIMITATIONS AND RECORDS 3. This source must be limited to the following maximum consumption, processing and/or operational rates as listed below. Daily and annual records of the actual process rate must be maintained by the applicant and made available to the Division for inspection upon request. (Reference: Regulation Number 3, Part B, II.A,4) Production Limits Facility Equipment ID AIRS Point Production Rate Daily Limit (tons/day) y) Annual Limit (tons/year) N/A 001 Sand and gravel production 8,500 900,000 STATE AND FEDERAL REGULATORY REQUIREMENTS 4. Visible emissions from conveyors and transfer points must not exceed twenty percent (20%) opacity during normal operation of the source. During periods of startup, process modification, or adjustment of control equipment visible emissions must not exceed 30% opacity for more than six minutes in any sixty consecutive minutes. (Reference: Regulation Number 1, Section 4 II.A.1. Et 4.) 5. All conveyors and transfer points will be subject to the New Source Performance Standards requirements of Regulation number 6, Subpart 000' whenever there is primary crushing capacity greater than 150 tons per hour (portable equipment) or 25 tons per hour (fixed equipment) at this location as foLows: [The requirements below reflect the rule language of 40 CFR Part 60 Subpart 000 published in the Federal Register on 4/28/2009. However, if revisions to this Subpart are published at a later date, the owner or operator is subject to the requirements contained in the revised version of 40 CFR Part 60, Subpart 000.] a. Visible emissions from each screen and transfer point must not exceed ten percent (10%) opacity. 6. The following requirements of Regulation Number 6, Part A, Subpart A, General Provisions, apply. a. At all times, including periods of start-up, shutdown, and malfunction, the facility and control equipment must, to the extent practicable, be maintained and operated in a manner consistent with good air pollution control practices for minimizing emissions. Determination of whether or not acceptable operating and maintenance procedures are being used will be based on information available to the Division, which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source. (Reference: Regulation Number 6, Part A. General Provisions from 40CFR60.11) b. No article, machine, equipment or process must be used to conceal an emission which would otherwise constitute a violation of an applicable standard. Such concealment includes, but is not limited to, the use of gaseous diluents to achieve compliance with an opacity standard or with a standard which is based on the concentration of a pollutant in the gases discharged to the atmosphere. (S 60.12) c. Written notification of construction and initial startup dates must be submitted to the Division as required under S 60.7. d. Records of startups, shutdowns, and malfunctions must be maintained, as required under 60.7. COLORADO Mr Pollution Control Division Depestmert of Public Nadal 6 Fnvtrunoent Pape 2 of 7 e. Written notification of opacity observation or monitor demonstrations must be submitted to the Division as required under § 60.7. f. Compliance with opacity standards must be demonstrated according to § 60.11. OPERATING Et MAINTENANCE REQUIREMENTS 7. This source is not required to follow a Division -approved operating and maintenance plan. COMPLIANCE TESTING AND SAMPLING Initial Testing Requirements 8. Initial testing is no longer required for this source. Periodic Testing Requirements 9. Periodic testing is not required for this source. ADDITIONAL REQUIREMENTS 10. All previous versions of this permit are canceled upon issuance of this permit. 11. The AIRS ID number must be posted in an easily visible location for ease of identification. (Reference: Regulation Number 3, Part B, III.E.) (State only enforceable) 12. The particulate emission control measures listed on the attached page (as approved by the Division) must be applied to the particulate emission producing sources as required by Regulation Number 1, Section III.D.1.b. 13. This permit is for the activities specified above; any additional process equipment (i.e. crushers, screens, etc.) to be located at this site must have a separate permit from the Division. (Reference: Regulation Number 3, Part B, III.E.) 14. Operation of the activities that generate emissions shall be Limited to the period from 6:00 AM to 5:00 PM. This is required for effective dispersion, and compliance with the standards. 15. Raw material extracted shall be directly loaded into feed hopper for preliminary processing (crushing) and conveyor transport (across the river) to the processing plant. There shall be no raw material stockpiles and related additional materials handling. 16. A revised Air Pollutant Emission Notice (APEN) must be filed: (Reference: Regulation Number 3, Part A, II.C) a. Annually whenever a significant increase in emissions occurs as follows: For any criteria pollutant: For sources emitting Tess than 100 tons per year of a criteria pollutant, a change in annual actual emissions of five (5) tons per year or more, above the level reported on the last APEN; or For volatile organic compounds (VOC) and nitrogen oxides sources (NO,) in ozone nonattainment areas emitting Tess than one hundred tons of VOC or NO„ per year, a change in annual actual emissions of one (1) ton per year or more or five percent, whichever is greater, above the level reported on the last APEN; or For sources emitting 100 tons per year or more of a criteria pollutant, a change in annual actual emissions of five percent or fifty (50) tons per year or more, whichever is less, above the level reported on the last APEN submitted; or Page 3 of 7 COLORADO Air Pollution Control Division Oepertment d WMic Health b i:r,irora nrn: For sources emitting any amount of lead, a change in actual emissions of fifty (50) pounds of lead above the level reported on the last APEN submitted. For any non -criteria reportable pollutant: If the emissions increase by 50% or five (5) tons per year, whichever is less, above the level reported on the last APEN submitted to the Division. b. Whenever there is a change in the owner or operator of any facility, process, or activity; or c. Whenever new control equipment is installed, or whenever a different type of control equipment replaces an existing type of control equipment; or d. Whenever a permit limitation must be modified; or e. No later than 30 days before the existing APEN expires. GENERAL TERMS AND CONDITIONS: 17. This permit and any attachments must be retained and made available for inspection upon request. The permit may be reissued to a new owner by the Division as provided in Regulation Number 3, Part B, Section 11.B upon § request for transfer of ownership and the submittal of a revised APEN and the required fee. 18. If this permit specifically states that final approval has been granted, then the remainder of this condition is not applicable. Otherwise, the issuance of this construction permit is considered initial approval and does not provide "final" approval for this activity or operation of this source. Final approval of the permit must be secured from the APCD in writing in accordance with the provisions of 25-7.114.5(12)(a) C.R.S. and AQCC Regulation Number 3, Part B, Section iII,G. Final approval cannot be granted until the operation or activity commences and has been verified by the APCD as conforming in all respects with the conditions of the permit. Once self -certification of all points has been reviewed and approved by the Division, it will provide written documentation of such final approval. Details for obtaining final approval to operate are located in the Requirements to Self -Certify for Final Approval section of this permit. The operator must retain the permit final approval letter issued by the Division after completion of self -certification with the most current construction permit. 19. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon conduct of the activity, or construction, installation and operation of the source, in accordance with this information and with representations made by the applicant or applicant's agents. It is valid only for the equipment and operations or activity(ies) specifically identified in this permit. If subsequent operations or testing at the source indicate the information supplied to obtain this permit and relied upon in the creation and issuance of this permit is inaccurate, the source must submit an application to modify the permit to address the inaccuracy(ies). (Reference: Regulation Number 3, Part B III.E.) By: 1/.\,A Sunday A. Fadeyi, P.E. Permit Engineer Permit History: By: /IAA"— FOR R K Hancock III, P.E. Construction Permits Unit Supervisor Issuance Date Description Issuance 1 February 1, 2002 Initial Approval issued to Roaring Fork Resources, Inc. Issuance 2 May 3, 2004 Transfer of ownership from Roaring Fork Resources, Inc. to Lafarge West, Inc. Increase in throughput from 350,000 to 500,000 tons per COLORADO Air FoUntion Control Division Depvtn nv el Public Health 6 EmVamete Page 4 of 7 Notes to Permit Holder (as of permit issuance): 1) The production or raw material processing limits and emission limits contained in this permit are based on the production/processing rates requested in the permit application. These limits may be revised upon request of the permittee providing there is no exceedence of any specific emission control regulation or any ambient air quality standard. A revised air pollutant emission notice (APEN) and application form must be submitted with a request for a permit revision. (Reference: Regulation PPumber 3, Part B iI.A.4.) 2) This source is subject to the Common Provisions Regulation Part 11, Subpart E, Affirmative Defense Provision for Excess Emissions During Malfunctions. The permittee must notify the Division of any malfunction condition which causes a violation of any emission limit or limits stated in this permit as soon as possible, but no later than noon of the next working day, followed by written notice to the Division addressing all of the criteria set forth in Part ILEA . of the Common Provisions Regulation, See: https://www.colorado.gov/pacific/cdphe/aqcc- regs. 3) The transfer point emission levels contained in this permit are based on the following emission factors: Transfer Point Emissions: Pollutant Emission Factors year, Issuance 3 July 8, 2005 Increase in throughput from 500,000 to 900,000 tons per year. Issued as a Final Approval. Issuance 4 March 6, 2007 Combining some of the permit conditions to provide additional flexibility Issuance 5 January 30, 2009 Addition of North Bank (McBride Resources) property. Increase In daily extraction limit from 7,000 to 8,500 tons. Issued as an Initial Approval. Issuance 6 This issuance Final Approval: Transfer of ownership from Lafarge West, Inc. to Oldcastle SW; FA reissued to Oldcastle SW Group Inc., dba United Companies. Notes to Permit Holder (as of permit issuance): 1) The production or raw material processing limits and emission limits contained in this permit are based on the production/processing rates requested in the permit application. These limits may be revised upon request of the permittee providing there is no exceedence of any specific emission control regulation or any ambient air quality standard. A revised air pollutant emission notice (APEN) and application form must be submitted with a request for a permit revision. (Reference: Regulation PPumber 3, Part B iI.A.4.) 2) This source is subject to the Common Provisions Regulation Part 11, Subpart E, Affirmative Defense Provision for Excess Emissions During Malfunctions. The permittee must notify the Division of any malfunction condition which causes a violation of any emission limit or limits stated in this permit as soon as possible, but no later than noon of the next working day, followed by written notice to the Division addressing all of the criteria set forth in Part ILEA . of the Common Provisions Regulation, See: https://www.colorado.gov/pacific/cdphe/aqcc- regs. 3) The transfer point emission levels contained in this permit are based on the following emission factors: Transfer Point Emissions: Pollutant Emission Factors Source TSP 0.00300 lbs per ton of sand and gravel production EPA's AP -42 table 11.19.2-2 1 PM,p 0.00110 lbs per ton of sand and gravel production PM2.5 0.00032 lbs per ton of sand and gravel production 4) In accordance with C.R.S. 25-7-114.1, each Air Pollutant Emission Notice (APEN) associated with this permit is valid for a term of five years from the date it was received by the Division. A revised APEN must be submitted no later than 30 days before the five-year term expires. Please refer to the most recent annual fee invoice to determine the APEN expiration date for each emissions point associated with this permit. For any questions regarding a specific expiration date call the Division at (303)-692-3150. 5) This facility is classified as follows: Applicable Requirement Status Operating Permit Minor: PM PSD/NANSR Minor: PM 6) Full text of the Title 40, Protection of Environment Electronic Code of Federal Regulations can be found at the website listed below: http://ecfr.epoaccess.gov/ Page 5 of 7 COLORADO Air Pollution Control Division Department 61 R,LIicIeehh 6 En, O. ,i nt Part 60: Standards of Performance for New Stationary Sources NSPS 560.670-560.676 Subpart 000 7) The permit holder is required to pay fees for the processing time for this permit. An invoice for these fees will be issued after the permit is issued. The permit holder must pay the invoice within 30 days of receipt of the invoice. Failure to pay the invoice will result in revocation of this permit (Reference: Regulation Number 3, Part A, Section VI.B.) 8) Unless specifically stated otherwise, the general and specific conditions contained in this permit have been determined by the Division to be necessary to assure compliance with the provisions of Section 25-7-114.5(7)(a), C.R.S. 9) Each and every condition of this permit is a material part hereof and is not severable. Any challenge to or appeal of a condition hereof must constitute a rejection of the entire permit and upon such occurrence, this permit must be deemed denied ab initio. This permit may be revoked at any time prior to self -certification and final authorization by the Division on grounds set forth in the Colorado Air Pollution Prevention and Control Act and regulations of the AQCC including failure to meet any express term or condition of the permit. If the Division denies a permit, conditions imposed upon a permit are contested by the applicant, or the Division revokes a permit, the applicant or owner or operator of a source may request a hearing before the AQCC for review of the Division's action. 10) Section 25-7-114.7(2)(a), C.R.S. requires that all sources required to file an Air Pollutant Emission Notice (APEN) must pay an annual fee to cover the costs of inspections and administration. If a source or activity is to be discontinued, the owner must notify the Division in writing requesting a cancellation of the permit. Upon notification, annual fee billing will terminate. 11) Violation of the terms of a permit or of the provisions of the Colorado Air Pollution Prevention and Control Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under Sections 25-7-115 (enforcement), -121 (injunctions), -122 (civil penalties), -122.1 (criminal penalties), C.R.S. COLORADO Air Pollution Control Division Manama of likatlic Hearth 6 Environment Paee 6 of 7 PARTICULATE EMISSIONS CONTROL PLAN FOR MINING AND PROCESSING ACTIVITIES THE FOLLOWING PARTICULATE EMISSIONS CONTROL MEASURES MUST BE USED FOR COMPLIANCE PURPOSES ON THE ACTIVITIES COVERED BY THIS PERMIT, AS REQUIRED BY THE AIR QUALITY CONTROL COMMISSION REGULATION NUMBER 1, SECTION III.D.1.b. THIS SOURCE IS SUBJECT TO THE FOLLOWING EMISSION GUIDELINES: a. Mining and Processing Activities - Visible emissions must not to exceed. 20%, no off -property transport of visible emissions. b. Haul Roads - No off -property transport of visible emissions must apply to on-site haul roads; the nuisance guidelines must apply to off-site haul roads. c. Haul Trucks - There must be no off -property transport of visible emissions from haul trucks when operating on the property of the owner or operator. There must be no off -vehicle transport of visible emissions from the material in the haul trucks when operating off of the property of the owner or operator. Control Measures 1. Adequate soil moisture must be maintained in topsoil and overburden to control emissions during removal. Watering must be implemented if necessary. 2. Topsoil and overburden stockpiles must be watered and revegetated within one year. 3. Emissions from material handling (i.e. removal, loading, and hauling) must be controlled by watering at all times unless natural moisture is sufficient to control emissions. 4. Reclamation works and sequential extraction of material must be initiated to keep the total disturbed areas at any one time to a minimum. 5. Unpaved haul roads must be watered as often as needed to control fugitive particulate emissions such that the above guidelines are met. 6. Material stockpiles must be watered as necessary to control fugitive particulate emissions. Aggregate materials must be sprayed with water during material loading into the storage bins or stockpiles. AD/3' COLORADO Air Pollution Control Division Department ce Public Health Er .amnenl Page 7 of 7 EXHIBIT A.9 Project: Mamm Creek Gravel Pit — Change of Hours of Operation Owner: Snyder Representative: Jason Burkey, Oldcastle SW Group, Inc. Practical Location: Approximately 4 miles east of the City of Rifle Type of Application: Amendment to an Approved Land Use Change Permit — Major Impact Narrative: On July 19, 2013 Oldcastle acquired the assets of Lafarge West, Inc. With the acquisition of Lafarge's assets Oldcastle assumed the lease for the Mamm Creek Gravel Pit. The leased pit is permitted by the Division of Reclamation, Mining and Safety and its permit number is M-2000-113. This site also has a State Air Permit (01GA0979F). We are in full compliance with both of these permits. In 2008 Garfield County first approved a resolution permitting the Gravel Pit and the SUP was amended in 2012. A copy of both resolutions are attached. In 2015 CDOT awarded the Grand Ave Bridge Replacement project to Granite Construction, Granite Construction and its subcontractors are using Oldcastle to supply aggregate for this project. The project specifications require that the bridge replacement project keep the impact to the motoring public to a minimum. The project is scheduled to take a little over two years to complete. Because of the long duration of this project it is impossible to predict exactly when the aggregate is going to be needed on site and the site has limited storage for stockpiling material. Just recently, the GC notified us that the project required aggregate material be brought in at night for safety and project needs. Specifically, August through November (see truck count / material analysis). Currently the pit is permitted to operate Monday through Saturday from 7am to 8pm. Because of the reasons stated above we seek to amend the permit condition of approval #4 to allow the loading and delivery of aggregate material 24 hours per day and 7 days a week from August 2017 thru November 2017 at a minimum. Obviously we will not run this many hours or days but we need this for the flexibility to meet the project schedule. This request is project specific meaning we will only operate outside the current hours of operation for the Grand Ave Bridge Replacement Project. In 2016 a similar request was granted by Garfield County involving night time Ready Mix production at our Powers site located on Highway 82. A copy of the approved condition is included in this submittal. The aggregate needs for this time period (Aug —Nov) is for +/- 6,500 tons of material. Currently the pit's CDPHE Air Permit has a limit production limit of 8,500 tons per day so this request only involves Tess than 6% of our approved daily production (See attached truck count analysis). Exhibit A. 9A Mamm Creek Pit CDPHE Air Permit # 01GA0979F Daily Production Limit - 8,500 tons 2017 Bridge Project - Aggregate material needs August - November Tons Average Truck Round Trips per night Trips (utilizing 5 Trucks) 500 20 4 500 20 4 500 20 4 500 20 4 500 20 4 500 20 4 4 500 20 4 500 20 4 500 20 4 500 20 4 500 20 4 500 20 4 500 20 4 6500 260 52 Note: Daily demand Is estimated based on the availability of stockpiling space onsite Truck analysis: The amount of trucks and truck trips will be sparse and spread out. The trucks will be on 1-70 for 95% of their travel time. The night activity will have a very minor impact on the current operations. In addition, the project will be in compliance with the site Air Permit will have a very minor impact with regards to Fugitive Dust Emissions and Noise because of the fact the production needs are going to be spread out over 4 months and are well within pre approved limits. Light Plan will consist of the following; 1) Loader & Trucks with have their headlights on during night operations 2) Site lighting will be in compliance with Garfield County's code (7.30.4 portable down cast lights less than 40' to minimize offsite fugitive lighting). Dust Control: A water truck will be onsite to water the haul roads as needed. This is a condition of the site's Air Permit. CGarfield County Garfield County Land Explorer b `ale Garfield County, Colorado 21771410012 217712400301 AR .21777220031-2 217276700056 21772S100546 Garfield County Land Explorer Printed by Web User P0kPir 00/ 50,6oil 0 r 1 inch =3,009 feet 1 inch =0.57 miles Garfield County Garfield County Colorado www.garneld-co unty. com Colorado Disclaimer Tlds Is a wmpgelbn of records es they appear in the Garfield county Offices ending the area shown. Des drawh g is to be used only foo reference purposes end the County's not responsible los .ny Inaccuracies herein contained. © Copyright Garfield County, Colorado 1 All Rights Reserved Printed: 6/28/2017 at 9',2736 AM