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HomeMy WebLinkAbout2.0 Ex 27 - Supplement - NTC Response Letter 09.16.2020TGMC,IIc Land Use Planning • Site Design • GIS Analysis • Public Process September 16, 2020 Glen Hartmann, Senior Planner Garfield County Community Development Department 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 RE: Response to September 15, 2020 Completeness Review Letter Re: Lake Springs Ranch Application for Subdivision Final Plat Vacation (Filings 1 & 2) and Vacation of Public ROW and Location and Extent Review Dear Glenn: This letter constitutes the Applicant's response your letter of September 15, 2020 identifying two minor issues which must be addressed before the above -referenced application can be deemed complete. The identified items and the Applicant's response are provided below. A copy of your letter is also included as Exhibit 1. 1. An executed Division of Land Use application form needs to be provided for the Final Plat Vacation Application or clarification included on the current Application form. Response: I addressed this issue with you, prior to submitting the application, via an email exchange on June 9th (Exhibit 2) wherein I pointed out that none of the County's application forms include a checkbox for Subdivision Final Plat Vacation requests. In this email exchange, I suggested adding a line with a checkbox for the Final Plat Vacation request to the Land Use Change Permit (LUCP) application form. You indicated that this would be acceptable as indicated by your response in Exhibit 2. It appears that the version of the LUCP application form submitted for your review includes the checkbox but not the associated text. To correct this, I have provided a revised copy of the LUCP form with the text added (Exhibit 3). 2. A Certification of Mineral Owner Research (see attached) needs to be provided outlining the mineral rights research completed by the Applicant. Response: A completed Certificate of Mineral Owner Research has been included as Exhibit 4. As discussed during our phone call this morning, I have signed the certificate on behalf of Maci Berkeley since I reviewed the referenced state statute (CRS 24-65.5-101). I have also attached a Mineral Assessment Report which was prepared by Rare Earth Science in November of 2018. This report confirms that the BLM has reserved mineral 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • E: tim@tgmalloy.com LSR Subdivision Vacation Application /NTC Response Letter Page 12 rights on a portion of the Lake Springs Ranch property. The mailing address for the BLM is provided on the enclosed Certification of Mineral Owner Research and is also included on the list of adjacent property owners which was included as Exhibit 6 of the original application. Please contact me if you have any questions or require any additional information. Regards, Tim Malloy, Principal TG Malloy Consulting, LLC CC: Dr. Mike Berkeley Enclosures: Exhibit 1: September 15, 2020 Completeness Review Letter. Exhibit 2: June 10, 202 Email addressing LUCP form. Exhibit 3: Revised Land Use Change application form. Exhibit 4: Completed Certification of Mineral Owner Research Exhibit 5: 2018 Mineral Assessment Report 402 PARK DRIVE • GLENWOOD SPRINGS • COLORADO • 81601 (P) 970.945.0832 • (F) 970.945.0833 •E-MAIL: TGMALLOY@SOPRIS.NET Community Development Department September 15, 2020 Tim Malloy, TG Malloy Consulting 402 Park Dr. Glenwood Springs, CO 81601 RE: Completeness Review Lake Springs Ranch Final Plat Vacation, ROW Vacation, and Location and Extent Review Dear Tim: Thank you for the detailed submittals that you have provided for the Lake Springs Ranch application for Final Plat Vacation (Filings 1 & 2), ROW Vacation, and Location and Extent Review associated with the County Road ROW Vacation. Our completeness review includes input form the County Attorney's Office and has identified the following minor items that will need to be addressed prior to a determination of technical completeness. Please respond to the following items: 1. An executed Division of Land Use application form needs to be provided for the Final Plat Vacation Application or clarification included on the current Application form. 2. A Certification of Mineral Owner Research (see attached) needs to be provided outlining the mineral rights research completed by the Applicant. The level of detail included in the submittals and mapping is much appreciated. As noted in the Land Use and Development Code and discussed during the Pre -Application meetings adjustments to map formatting and responses to referral comments may be required as part of the review process. Once the above topics #1 & #2 are addressed, we can schedule a date for your initial public hearing before the Planning Commission. We will also discuss timing for scheduling the Board of County Commissioners public hearing. Please note that the Garfield County Land Use and Development Code requires that the technical completeness issues be resolved within 60-days of the date of this letter, otherwise the application will be deemed withdrawn unless a request for extension is submitted and approved. Please feel free to contact me with any questions on the completeness topics noted above or if you need clarification on any of the items. Sincerely, /-)/z._ X"------ Glenn Hartmann Principal Planner Tim Malloy From: Tim Malloy Sent: Wednesday, June 10, 2020 11:02 AM To: Glenn Hartmann Subject: RE: Application Form Thanks Glenn. Tim 11111111111111 TGMC, IIc Land Use Planning . Site Design • GtS Analysis Pubic Process Tim Malloy, Principal 402 Park Drive Glenwood Springs, CO 81601 Office: 970-945-0832 Mobile: 970-618-6097 Fax: 970-945-0833 tim@tgmalloy.com From: Glenn Hartmann <ghartmann@garfield-county.com> Sent: Wednesday, June 10, 2020 8:07 AM To: Tim Malloy <tim@tgmalloy.com> Subject: RE: Application Form Hi Tim: That adjustment works well and is very clear. I also had a conversation with Bill and Dan at High Country on the survey documents (I will get them some sample certificates etc.) with a follow-up conversation anticipated on Thursday. Thanks in advance for your work on the submittals. I'll stay in touch. Glenn. Glenn Hartmann Principal Planner 970-945-1377 x1570 Ghartmann@garfield-county.com From: Tim Malloy <tim@tgmalloy.com> Sent: Tuesday, June 9, 2020 6:18 PM To: Glenn Hartmann <ghartmann@garfield-county.com> Subject: [External] Application Form Glenn - when filling out the LUCP Application Form for the Berkeley final plat vacation/ROW vacation and L&E Review application, I noticed that there is no land use change category for final plat vacation in the Type of Application section of either the LUCP Application From i or the Division of Land Application Form. To address this, I've added a line under the Type of Application section on the LUCP Application Form for the subdivision final plat vacation (see attached draft of the application form). Since the LUCP form already includes the ROW vacation and L&E review application types, it made sense to me to add the plat vacation item to this form. This way we only need the one form. Let me know if this is acceptable to you. Hope all is well. Tim tom*' Land Use Punning Tim Malloy, Principal 402 Park Drive Glenwood Springs, CO 81601 Office: 970-945-0832 Mobile: 970-618-6097 Fax: 970-945-0833 tim@tgmalloy.com Site Design GIS Analysis Public Process 2 Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.earfield-county.com LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION 1 • Administrative Review 0 Development in 100-Year Floodplain • Limited Impact Review • Development in 100-Year Floodplain Variance • Major Impact Review • Code Text Amendment • Amendments to an Approved LUCP CI LIR DMIR 0 SUP 0 Rezoning ❑ Zone District ❑ PUD ■ PUD Amendment • Minor Temporary Housing Facility 0 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 0 Accommodation Pursuant to Fair Housing Act • Pipeline Development • Variance • Time Extension (also check type of original application) INVOLVED PARTIES Owner/Applicant Name: Berkeley Family, Phone: (970) LLLP 945-5432 4001 Count Road 114 Mailing Address: y City. Glenwood Springs State: CO Zip Code: 81601 me mexcomeca.or E-mail:ikidii � g Representative (Authorization Required) Name: Tim Malloy (TGMC.LLC) Phone: (970 )945-0832 Mailing Address: 402 Park Drive city: Glenwood Springs State: CO Zip Code: 81601 E-mail:tim@tgmalloy.com PROJECT NAME AND LOCATION Project Name: Lake Springs Ranch Final Plat Vacation, ROW Vacation and L&E Review ' Assessor's Parcel Number: List attached Physical/Street Address: 3961 County Road 114, Glenwood Springs, CO 81601 Legal Description: See attached proof of ownership documentation (Exhibit _) Zone District: PUD Property Size (acres): 212.486 (Filings 1 & 2) PROJECT DESCRIPTION Existing Use: Sod farm and landscape equipment/materials sales, open space. Proposed Use (From Use Table 3-403): Same as existing - Agriculture and landscape equipmentlmatenals sales, open space. Description of Project: Vacate final plats for Filings 1 and 2 of the Lake Springs Ranch PUD Subdivision, including the right-of-way easement for the future Spring Valley Road (CR 119), and dedicate an alternate right-of-way for CR 119. REQUEST FOR WAIVERS Submission Requirements 8 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: 4-302(A)(6) Section: Section: Section: Waiver of Standards ❑ The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: 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. 741 Signature of Property Owner -2o Date OFFICIAL USE ONLY File Number: - Fee Paid: $ ASSESSOR PARCEL NUMBER LIST 218732109023 218733309022 218733310001 218733310002 218733310003 218733310004 218733310005 218733310006 218733310007 218733310008 218733310009 218733310010 218733310011 218733310012 218733310013 218733310014 218733310015 218733310016 Board of Adjustment Vacation of a County Road or Public Right of Way a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: X Planning Commission X Board of County Commissioners Board of Adjustment Location and Extent Review a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: Referral Agencies X Planning Commission Board of County Commissioners _ Board of Adjustment May include but are not limited to Garfield County Surveyor, Garfield County Road and Bridge Department, Garfield County Attorney's Office, Garfield County Consulting Engineer, Fire Protection District and appropriate utilities VI. APPLICATION REVIEW FEES Vacation of a Final Plat a. Planning Review Fees: $ 250.00 b. Referral Agency Fees: $ TBD — consulting engineer/civil engineer fees c. Total Deposit: $ 250.00 (additional hours are billed at $40.50/hour) Vacation of a County Road or Public Right of Way a. Planning Review Fees: $ 400.00 b. Referral Agency Fees: $ TBD — consulting engineer/civil engineer fees c. Total Deposit: $ 400.00 (additional hours are billed at $40.50 /hour) 6 Location and Extent Review a. Planning Review Fees: Staff time and materials b. Referral Agency Fees: $ TBD — consulting engineer/civil engineer fees c. Total Deposit: Staff time and materials VII. GENERAL APPLICATION PROCESSING The foregoing summary is advisory in nature only and is not binding an 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. The summary is valid for a six-month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically for review by the public. Proprietary information can be redacted from documents prior to submittal. Pre -application Summary Prepared by: 4/24/20 Glenn Hartmann, Principal Planner Date Note: See attached Flow Charts for Roadway Vacation and Location and Extent. No flow chart is available for Final Plat Vacation. Please refer to the processing outline above. Garfield County CERTIFICATION OF MINERAL OWNER RESEARCH This form is to be completed and submitted with any application for a Land Use Change Permit. Mineral interests may be severed from surface right interests in real property. C.R.S. § 24-65.5-101, et seq, requires notification to mineral owners when a landowner applies for an application for development from a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4-101(E)(1)(b)(4) requires written notice to owners of mineral interests in the subject property in accordance with C.R.S. § 24-65.5-101, et seq, "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." This form is proof of applicant's compliance with the Colorado Revised Statutes and the LUDC. Theundersigned applicant certifies that mineral owners have been researched for the subject property as required pursuant to C.R.S. § 24-65.5-101, et seq, and Section 4-101 (E)(1)(b)(4) of the Garfield County Land Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies the following (Please initial on the blank line next to the statement that accurately reflects the result of research): I own the entire mineral estate relative to the subject property; or Minerals are owned by the parties listed below The names and addresses of any and all mineral owners identified are provided below (attach additional pages as necessary): Name of Mineral Owner Mailing Address of Mineral Owner 0Lt-1 C.496400 g'iVet VAI rtr/'+Id. f /% ' 121. Gil I+t C.o , $16474 I acknow dge l reviewed C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the LUDC. Date41 ItIozo Ap n s Signature (oii frill if 'f Miriam ) _ RARE EARTIi SCIENCE WWW.RAREEARTI-ISCIENCE.COM November 5, 2018 Dr. Michael Berkeley The Berkeley Family Limited Partnership 4001 County Road 114 Glenwood Springs, Colorado 81601 Re: Mineral Assessment Report Lake Springs Ranch A & R — Conservation Easement Property Garfield County, Colorado Dear Mike: At the request of the Aspen Valley Land Trust (AVLT), Rare Earth Science, LLC (Rare Earth) has completed this Mineral Assessment Report (MAR) for your approximately 254-acre Lake Springs Ranch Amended & Restated (A & R) — Conservation Easement (CE) property located in Spring Valley roughly 6 direct miles southeast of the City of Glenwood Springs in southeastern Garfield County, Colorado (hereinafter referred to as the "Site"). It is understood that the Site includes the First, Second, Third, Fourth, Fifth, Sixth, and Seventh CE Donation Parcels. This MAR is part of the documentation necessary for a CE conveyance, and evaluates the probability of surface mining or other mineral -extraction activities at the Site in accordance with Title 26 of the Internal Revenue Code [§ 1.170A-14(g)(4)]. In situations where the surface estate and mineral rights have been separated or where mineral rights have been reserved, the definition of a qualified conservation contribution can only be met by demonstrating that surface mining, or any mining method which is inconsistent with the particular conservation purposes of the contribution, will not likely occur at the Site. This report presents a brief description of the Site and local geology, a review of various economic mineral resources, and a summary of our findings. Based upon our findings, we conclude that the probability of surface mining occurring at the Site is so remote as to be negligible. 1. Site Location and Description The attached figures show the boundaries of this approximately 254-acre Site, which occupies portions of Sections 32 and 33, Township 6 South, Range 88 West (Sixth Principal Meridian) and a portion of Section 4, Township 7 South, Range 88 West (Sixth Principal Meridian). The Site's legal description is attached and can also be found in the CE Deed. Attached Figures 1 and 2 show that the adjoining lands are privately owned in all directions. POST OFFICE Box 222 I GUNNiSON, ColoRAdo 81230-0222 I 970.641.1144 JIM@RAREEARTIISCIENCE.COM Mineral Assessment Report: Lake Springs Ranch A & R — CE Property (Garfield County, CO) November 5, 2018 Page 2 of 8 The United States Geological Survey 7.5-minute series Carbondale, Colorado topographic map (USGS, 1961) shows that the ground surface elevation averages approximately 7,000-feet above mean sea level across the Site. The Site's terrain is characterized by relatively level ground in Spring Valley, with surrounding moderately sloping foothills, covered by either sagebrush shrublands, wetland areas, or irrigated agricultural land (including a commercial turf - grass farm). This area is located on the west side of the Continental Divide within the Roaring Fork River District of the larger Colorado River drainage basin. 2. Overview of Local Geology and Soils The Site lies in the Southern Rocky Mountains physiographic province, which is generally characterized by high -elevation peaks and glaciated valleys. The topography and geology of this area were influenced by several major structures in western Colorado including the Sawatch Range to the east, the Elk Mountains to the southwest, the White River Uplift to the north, and the Piceance Creek Basin (aka Piceance Basin) to the west-northwest. The Grand Hogback Monocline defines the western edge of the Piceance Basin, with its steep (approximately 40° to 90°+) westward -dipping strata, which was formed during the White River Uplift and thrust westward during the Laramide Orogeny in Late Cretaceous through Eocene time. The Site is also located within the Eagle Basin, which is primarily a Pennsylvanian -aged depositional basin located in a structurally complex area east of the southern Piceance Creek Basin, and in the Aspen Sub -basin. The Aspen Sub -basin forms the area west of the Sawatch Uplift and is a southern extension of the Eagle Basin. The Carbondale geologic map (CGS, 1997) was reviewed for an understanding of local surface and subsurface geologic conditions. The Site primarily consists of Pliocene -/Miocene -age Basalt of Bimodal Suite (Map Unit Tbb) and Holocene -/Pleistocene -age modern alluvium (Map Unit Qa), both of which overlie bedrock Permian -/Pennsylvanian -age Maroon Formation (Map Unit PIPm). Map Unit PIPm is mostly a reddish siltstone, claystone, and sandstone containing some conglomeratic beds and limestone. Map Unit Tbb includes dense black alkali basalt in lava -flow layers ranging in thickness from 5 to 200 feet, with some interbedded tuffs and volcanic conglomerates that were deposited in the range of 2- to 20-million-years ago. Map Unit Qa includes mostly stratified lacustrine deposits of silty clay, clayey silt, and fine to coarse sand in Spring Valley. A generalized map showing the primary geologic units at and near the Site is attached as Figure 4. The United States Department of Agriculture — Natural Resources Conservation Service (NRCS, 2018) Web Soil Survey of the Aspen -Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties identifies at least five soil types at the Site, including the dominant map units: Empedrado loam, 6 to 12 percent slopes (Map Unit 35 [approximately 40 percent of the Site acreage]); and, Kilgore silt loam (Map Unit 69 [approximately 25 percent of the Site acreage]). A majority (more than 75 percent) of the soil types at the Site are considered by NRCS to be "poor" sources of sand & gravel for construction materials, with Map Unit 69 mapped as a "fair" source of sand & gravel. 3. Evaluation of Potential Mineral Resources A number of information sources were reviewed for documented historic, or currently permitted, mining activities at the Site or adjoining properties, and for determining the likelihood that mineral resources could be surface mined at the Site. For purposes of this report, "minerals" do RARE EARTI-I SCIENCE Mineral Assessment Report: Lake Springs Ranch A & R — CE Property (Garfield County, CO) November 5, 2018 Page 3 of 8 not include surface water or groundwater. Potentially valuable minerals are typically organized according to a "disposition class" as locatable, leasable, or salable. Each of these categories is described in detail below, including a ranking (i.e., none, low, moderate, or high) of the resource potential at the Site. The term resource potential is used to describe the likelihood of the presence of mineral resources (either solid, liquid, or gaseous materials) within a defined geographic area, and is not a measure of the amount of those resources or their economic value or profitability. Mineral disposition classes are broad, and deposits of a given mineral may fall into more than one class depending upon their location, geologic setting, composition and other factors such as case law, and land and/or mineral tenure. For example, clays and zeolite can be considered locatable, leasable, or salable. Pumice, depending upon its type, may be considered locatable or salable (pumicite, volcanic ash, volcanic dust, and scoria) or it may be considered salable only (for example, volcanic cinders). Gypsum may be considered locatable or leasable (in the form of rock gypsum or anhydrite) or it may be salable only (in the form of gypsite) (USGS, 2011). Selected data sources reviewed for this MAR include: United States Bureau of Land Management (BLM). Mineral and Surface Management Status Map — Carbondale, Colorado (BLM, 2008). Colorado Geological Survey (CGS). Roaring Fork and Crystal Valleys, an Environmental and Engineering Geology Study, Eagle, Garfield, Gunnison and Pitkin Counties, Colorado. Environmental Geology No. 8 (CGS, 1974). Colorado's Hydrothermal Resource Base — An Assessment. Resource Series 6 (CGS, 1979). Inventory of Nonmetallic Mining and Processing Operations in Colorado. Map Series 17 (CGS, 1981). Geologic Map of the Carbondale Quadrangle, Garfield County, Colorado. Open -File Report 97-3 (CGS, 1997). Oil and Gas Fields Map of Colorado. Map Series 33 (CGS, 2002). 2003 Summary of Coal Resources in Colorado. Special Publications 54 (CGS, 2004). Radioactive Mineral Occurrences of Colorado. Bulletin 40 (CGS, 2005). Coal Resource Maps of Colorado. Map Series 43 (CGS, 2006). Gold Occurrences of Colorado. Resource Series 28 (CGS, 2011). Colorado Oil and Gas Conservation Commission (COGCC) database for oil & gas wells. Website available at http://coqcc.state.co.us/#/home (COGCC, 2018). RARE EARTI-I SCIENCE Mineral Assessment Report: Lake Springs Ranch A & R — CE Property (Garfield County, CO) November 5, 2018 Page 4 of 8 Colorado Division of Reclamation, Mining and Safety (DRMS) database for active and inactive mines. Website available at http://mininq.state.co.us/Pages/Home.aspx (DRMS, 2018). United States Department of Agriculture — Natural Resources Conservation Service (NRCS). Website available at http://www.websoilsurvey.nres.usda.gov/app/ (NRCS, 2018). Colorado State Land Board (SLB) database for land status and leasing information. Website available at https://www.colorado.gov/statelandboard (SLB, 2018). 7.5-minute series Carbondale, Colorado topographic map. Photorevised 1987 (USGS, 1961). Mineral Resource Potential and Geology of the White River National Forest and the Dillon Ranger District of the Arapahoe National Forest, Colorado. Bulletin 2035 (USGS, 1993). Development of Industrial Minerals in Colorado. Circular 1368 (USGS, 2011). Mineral Resources Data System. Website available at http://tin.er.usgs.gov/mrds/ (USGS, 2018a). Draft Critical Mineral List — Summary of Methodology and Background Information — U.S. Geological Survey Technical Input Document in Response to Secretarial Order No. 3359. Open -File Report 2018-1021 (USGS, 2018b). The historic topographic map does not show any underground- or surface -mining features at the Site or immediately adjoining lands. The BLM Mineral Management Status Map indicates that the Federal government has reserved the rights to "all minerals" on a portion of the Site located in the SE'/4 of Section 33 (refer to Figure 5 also). Title commitment information provided by Land Title Guarantee Company (effective September 28, 2018) confirms that the Federal government reserved "all the coal and other minerals" through a United States Patent recorded in 1952. The title commitment does not indicate any State or private mineral reservations, current/active mineral leases, or mining claims. However, a detailed review of the Site's title work is beyond the scope of this initial MAR. Locatable Minerals (Resource Potential = Low): this category includes all minerals for which exploration, production, and development are regulated by the General Mining Law of 1872, as amended (30 U.S.C. § 21 et seq.) and include most of the metallic minerals (e.g., gold, silver, copper, molybdenum, rare-earth elements, uranium, etc.) and also certain industrial minerals such as high -calcium limestone and gypsum, vermiculite, pegmatite -hosted non-metallics, gemstones, etc. This category also includes the final list of 35 "critical minerals" and mineral materials recently published in Federal Executive Order 13817 (dated May 18, 2018). Locatable minerals are typically considered "hard -rock minerals" found in lode, vein, disseminated, or placer deposits. The known metallic -mineral deposits in Colorado have been widely studied and are well documented in the literature. RARE EARTI-I SCIENCE Mineral Assessment Report: Lake Springs Ranch A & R — CE Property (Garfield County, CO) November 5, 2018 Page 5 of 8 None of these commodities are shown to occur, nor have they been mined historically at the Site or adjoining lands according to the data reviewed for this MAR. No mines, prospects, or mineralized areas were identified at the Site or adjoining lands. The Site is located outside of the Colorado Mineral Belt, a 10- to 60-mile-wide southwest -northeast -trending zone of hydrothermal mineral deposits that extends roughly from the La Plata Mountains near Durango to the Front Range north of Boulder. No veins or lodes are known to intersect the Site, and the underlying sediments and geologic structure do not favor the occurrence of commercial deposits of locatable minerals. The USGS and CGS do not report any known locatable mineral deposits or resources at the Site or adjoining lands, nor are there any currently permitted locatable mineral mines listed in the DRMS database near the Site. The USGS and CGS do not report any uranium occurrences at or near the Site, and no historic uranium production has been recorded for this part of Garfield County. No proposed or actively permitted rare-earth element (REE) mines were identified anywhere near the Site. The geology at the Site does not fit the USGS profile for REE occurrences on a commercially minable scale, and the majority of viable REE deposits in Colorado are found only in Gunnison, Fremont, and Moffat counties. According to the USGS, commodities qualifying as "critical minerals" are identified as: A) a non - fuel mineral or mineral material essential to the economic and national security of the United States; B) from a supply chain vulnerable to disruption; and, C) that serves an essential function in the manufacturing of a product, the absence of which would have significant consequences for the economy or national security (USGS, 2018b). No commercial critical mineral deposits or resources have been identified at or near the Site. Leasable Minerals (Resource Potential = Low): this category includes oil, gas, coal, coalbed methane, oil shale, geothermal energy, and several other minerals (e.g., potash, sodium, phosphate, native asphalt, bitumen or bituminous rock, etc.). These minerals are defined as "leasable commodities" and governed by the Mineral Leasing Act of 1920, as amended (30 U.S.C. § 181 et seq.). The Geothermal Steam Act of 1970, as amended (30 U.S.C. § 1001 et seq.) also authorizes and governs the lease of geothermal steam and related resources on public lands. No historic mining or drilling for leasable minerals was identified in the CGS, DRMS, or USGS literature for the Site. Oil & Gas Resources No named oil or gas fields underlie the Site and a search of the COGCC database revealed only one historic well drilled within a 5-mile radius of the Site. The well, identified as the J.V. Rose No. 1, was drilled in 1960 by Shannon Oil Company (Denver, CO) in the NW '/4 of the SE % of Section 12, T7S, R89W (roughly 2.75 miles southwest of the Site) with a total depth reported as 3,070 feet into Ordovician -age evaporite rocks. This wildcat well was reported as "plugged & abandoned" meaning it was likely a "dry hole" with no hydrocarbon potential. The nearest oil and/or gas production and active Federal leases in the regional area are found in the Mamm Creek Field located more than 15 miles west of the Site (deeper within the Piceance Creek Basin), where there are hundreds of wells producing leasable commodities mainly from the underlying Upper Cretaceous -age Mesaverde Group (Map Unit Kmv). RARE EARTI-I SCIENCE Mineral Assessment Report: Lake Springs Ranch A & R — CE Property (Garfield County, CO) November 5, 2018 Page 6 of 8 No active Federal leases, recent drilling activity, or pending drilling or seismic permits were identified in the COGCC or BLM databases for the Site and adjoining lands. The Site and adjoining lands with Federal mineral ownership were not included in BLM's most recent (September 6th) competitive oil & gas lease sale, nor are these lands proposed for the upcoming December 6, 2018 and March 7, 2019 lease sales. Additionally, no active Colorado State Land Board oil & gas leases were identified in the Site vicinity. According to COGCC, the entire Site is mapped as "Sensitive Wildlife Habitat" (SWH) to protect elk winter concentration areas; however, none of the Site is mapped as a "Restricted Surface Occupancy" (RSO) area. These areas are defined and regulated by the COGCC 1200-Series Rules, which require oil & gas operators to consult with Colorado Parks and Wildlife, the surface owner, and the COGCC Director whenever a new oil & gas location is proposed in a SWH or RSO area. Coal Resources No on -Site or nearby coal mines, coal fields, or coalbed methane operations were identified in the CGS, DRMS, or USGS literature. The Site is located more than 6 miles east of the Uinta Coal Region, which includes the Carbondale Coal Field with the historic Coal Basin and Thompson Creek mines. Coal deposits lie in a relatively narrow interval of Map Unit Kmv, known as the Cameo -Fairfield Coal Group and Cameo -Wheeler Coal Zone that extend throughout the subsurface of the Piceance Creek Basin. No mines have operated in the Carbondale Coal Field since the last Coal Basin mine (located west of the community of Redstone, more than 20 miles south-southwest of the Site in neighboring Pitkin County) closed in 1990. Additionally, coalbed methane is not known to occur at or near the Site. Other Leasable Mineral Resources Accumulations of organic marlstone (aka "oil shale") occur exclusively in the Parachute Creek Member of the Tertiary -age Green River Formation, which is not found at or near the Site. No oil shale research, mining, or processing facilities currently operate in the Site vicinity and the nearest geologically prospective commercial oil shale deposits are found more than 30 miles northwest of the Site in the Piceance Creek Basin (to the northwest of the City of Rifle). Additionally, the Site is not located in a known geothermal leasing area, and there are no documented geothermal resources at the Site or adjoining lands according to the CGS and USGS literature. The nearest identified geothermal resources in the regional area are centered around the well -documented Glenwood Springs, Penny/Avalanche, and South Canyon thermal areas. Salable Minerals (Resource Potential = Low): this category includes both nonmetallic and several industrial minerals (e.g., dimension stone, sand & gravel, clay, petrified wood, volcanic cinders, etc.) falling under the purview of the Materials Act of 1947, as amended (30 U.S.C. § 601 et seq.). None of these commodities have been mined historically at the Site or adjoining lands according to the CGS, DRMS, and USGS literature reviewed for this report. According to the DRMS database the nearest salable mineral mine is Oldcastle SW Group, Inc.'s Sievers Pit, located about 3 miles southwest of the Site near the center of Section 18, T7S, R88W, which is an active sand & gravel mine that operates on 123 acres under Permit No. RARE EARTI-I SCIENCE Mineral Assessment Report: Lake Springs Ranch A & R — CE Property (Garfield County, CO) November 5, 2018 Page 7 of 8 M1977-098. A majority of commercial sand & gravel mining in the regional area is performed in floodplains and lower terraces along the Roaring Fork River valley, which provide the source of the best quality gravel for concrete aggregate and road -building materials. Commodities such as sand & gravel generally have a low unit -value (i.e., value per ton), and their exploitation is dependent on easy access to transportation and local markets. No dimension/building stone, fluorite, clay, peat, pumice, perlite, cinder, pegmatite or other salable mineral locales, or historic mining activities, were identified at or near the Site. 4. Opinion and Conclusion Rare Earth reviewed a number of public documents related to current and historic mining operations and the associated mineral -resource potential for the Site and surrounding area. It is our opinion that the resource potential for locatable, leasable, and salable minerals is low at the entire Site. It is also our opinion that the development potential for locatable, leasable, and salable minerals is considered to be low at the entire Site at this time. For purposes of this MAR, the term development potential is used to describe the likelihood that economic extraction of a specific mineral resource is currently or potentially feasible based upon factors such as today's mineral -commodity marketplace, technologic limitations, permitting restrictions, access and terrain, etc. Based upon our review of the aforementioned documents, and given current surface -mining techniques and our understanding of local geologic conditions and technologic & economic constraints, it is our opinion that the probability of extraction or removal of minerals by any surface mining method at the 254-acre Lake Springs Ranch A & R — Conservation Easement property is so remote as to be negligible. Respectfully Submitted, Rare Earth Science, LLC &^^'7 James C. Armstrong Principal Geologist cc: E. Quinn (AVLT) T. Malloy (TGMC) Attachments • Preparer's Qualifications • Figure 1 — Regional & Local Context Maps • Figure 2 — Topographic Map • Figure 3 — Aerial Photograph • Figure 4 — Geologic Map • Figure 5 — Mineral Ownership & Development Status • Legal Description RARE EARTI-I SCIENCE Mineral Assessment Report: Lake Springs Ranch A & R — CE Property (Garfield County, CO) November 5, 2018 Page 8 of 8 Preparer's Qualifications James Armstrong is a geologist and environmental scientist with 25 years of residency in Colorado, who has lived in Grand Junction and Gunnison since 1998. He meets the qualifications of a Professional Geologist as defined by Colorado Revised Statute 34-1-201. Mr. Armstrong received a B.S. degree in Geology from Kansas State University in 1983, and completed additional graduate -level coursework in environmental and natural -resource studies at the University of Alaska in Anchorage. He spent 7 years working in various private -industry technical positions related to oil & gas exploration and production, geophysical consulting, and petroleum refining & marketing operations in the central United States, south Texas, and the Gulf of Mexico. Since 1990, he has been employed as a consulting geologist and environmental scientist serving private -sector, non-profit and government -agency clients primarily in Alaska, Hawaii, and the central and western United States. Mr. Armstrong is accomplished in field studies, mineral evaluations, project management and regulatory compliance, and has prepared numerous Mineral Assessment Reports for conservation -easement and habitat -protection projects in Colorado, Florida, Kansas, Minnesota, Nebraska, New Mexico, Oklahoma, Texas, and Wyoming. He is the founder of (and a partner in) Rare Earth Science, LLC. Mr. Armstrong also co-authored and edited the revised edition of Mineral Development and Land Conservation: A Handbook for Conservation Professionals, published in 2011 by the Colorado Coalition of Land Trusts. RARE EARTI-I SCIENCE USGS Topographic Hillshade Map Sourced from Esri Online Server Effective Scale 1:175,000 All Locations Approximate i-: • Land ownership and conservation status from CQMaP v9: Colorado Ownership. Management . •&••Protection. Glenwood Springs • Grand Junction Denver • Colorado Springs • STATE OF COLORADO Mineral Assessment Report Garfield County, Colorado www.rareearthscience.com Map by D. Reeder I October 2018 Regional & Local Context Maps Site ▪ Conserved land ▪ State Fish Hatchery/Unit ▪ State Habitat Area ▪ State Wildlife Area BLM land ▪ National Forest =County line LAKE SPRINGS RANCHA&RCE 2.5 5 • Miles FIGURE J USGS Hillshade Topographic Map Sourced from Esri Online Server *— Effective Scale 1:24,000 All Locations Approximate . Mineral Assessment Report Garfield County, Colorado www.rareearthscience.com Map by D. Reeder 'October 2018 Topographic Map LAKE SPRINGS RANCH A & R CE FIGURE World Aerial Imagery Sourced from Esri Online Server Effective Scale 1:10,000 All Locations Approximate • Mineral Assessment Report Garfield County, Colorado www.rareearthscience.com Map by D. Reeder I October 2018 Aerial Photograph LAKE SPRINGS RANCHA&RCE FIGURE 3 World Imagery (DigitalGlobe 2017) Sourced from Esri Online Server Effective Scale 1:50,000 All Locations Approximate Data Source: Green, G.N., 1992, The Digital Geologic Map of Colorado in ARC/INFO Format: U.S. Geological Survey Open -File Report 92-0507, 9 p. h ttp: //pubs . u sg s . g ov/of / 1992/ofr-92-050 7 Mineral Assessment Report Garfield County, Colorado www.rareearthscience.com Map by D. Reeder I October 2018 Tb b Geologic Map =Site Generalized (500K Scale) Geology PPm I Maroon Fm PPwm I Weber Sandstone and Maroon Fm ▪ Pe I Eagle Valley Fm Pee I Eagle Valley Fm - evaporitic facies ▪ Qa I Modern alluvium ▪ Qg I Gravels and alluviums Qgo I Older gravels and alluviums ▪ QI I Landslide deposits Tbb I Basalt flows and associated tuff, breccia, and conglomerate of late -volcanic bimodal suite I I LAKE SPRINGS RANCHA&RCE I I QI Tbb 0 1 It I I 1 1 1 1 I Miles Pee FIGURE 4 USGS Topographic Hillshade Map Sourced from Esri Online Server Effective Scale 1:45,000 All Locations Approximate =Site All minerals reserved by the federal government Oil and Gas only reserved by the federal government Ir Other minerals reserved by the federal government Petroleum Wells Plugged & abandoned Permitted Mines ❑ Active IN Terminated Creek..AA- Data Sources: BLM Colorado Federal Mineral Ownership Shapefile June 2018; •SF ers Pit Colorado State Land ❑ Board Mineral Estate Shapefile June 2018; COGCC Wells 1 N Shapefile February 2018; DRMS -. Permitted Mines Shapefile March 13, 2018. Mineral Assessment Report Garfield County, Colorado www.rareearthscience.com Map by D. Reeder I October 2018 Mineral Ownership & Development Status LAKE SPRINGS RANCHA&RCE FIGURE 5 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:ABS63012876-6 Property Address: 4401 COUNTY ROAD 114, GLENWOOD SPRINGS, CO 81601 1. Effective Date: 09/28/2018 at 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "ALTA" Owner's Policy 06-17-06 Conservation Easement Rate Proposed Insured: ASPEN VALLEY LAND TRUST, A COLORADO NON-PROFIT CORPORATION 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: AN EASEMENT FOR CONSERVATION, CREATED BY AND SUBJECT TO THE TERMS, CONDITIONS AND PROVISIONS STATED IN THAT CERTAIN , RECORDED UNDER RECEPTION NO. 4. Title to the estate or interest covered herein is at the effective date hereof vested in: BERKELEY FAMILY, LLLP, A COLORADO LIMITED LIABILITY LIMITED PARTNERSHIP, WHICH ACQUIRED TITLE AS BERKELEY FAMILY LIMITED PARTNERSHIP, A COLORADO LIMITED PARTNERSHIP 5. The Land referred to in this Commitment is described as follows: A PARCEL OF LAND SITUATED IN THE EASTERLY ONE HALF OF SECTION 32,THE SOUTH ONE HALF OF SECTION 33, TOWNSHIP 7 SOUTH, RANGE 88 WEST, AND LOT 2 OF SECTION 4, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN COUNTY OF GARFIELD, STATE OF COLORADO, TO WIT; BEGINNING AT THE SOUTH QUARTER CORNER OF THE SAID SECTION 33, A 3'A INCH BRASS CAP STAMPED PELS 5933 (1996) FROM WHENCE THE SOUTHEAST CORNER THEREOF, A BLM BRASS CAP (1986) BEARS S 89°49'18" E, 2682.73 FEET DISTANT, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE SOUTH BOUNDARY LINE OF THE SOUTHWEST QUARTER OF THE SAID SECTION 33, N 89°40'02" W A DISTANCE OF 2,502.71 FEET TO THE SOUTHWEST CORNER OF THE GOVERNMENT LOT 20, SECTION 33; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE WESTERLY BOUNDARY LINES OF GOVERNMENT LOTS 20 AND 17, N 01 °58'08" E A DISTANCE OF 2,064.02 FEET TO THE NORTHWEST CORNER OF GOVERNMENT LOT 17, SECTION 33; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE SOUTHERLY BOUNDARY LINE OF GOVERNMENT LOTS 9, SECTION 33 AND GOVERNMENT LOT 6, SECTION 32, N 87° 10'45" W A DISTANCE OF 1,382.36 FEET TO THE SOUTHWEST CORNER OF GOVERNMENT LOT 6 THEREOF; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE WESTERLY BOUNDARY LINES OF GOVERNMENT LOTS 6 AND 5, SECTION 32, N 01 °43'36" E A DISTANCE OF 1,260.42 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF SPRING VALLEY ROAD AS DELINEATED ON THE FINAL PLAT OF LAKE SPRINGS RANCH P.U.D. FILING NO. 1; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SPRING VALLEY ROAD, S 89°05'51" E A DISTANCE OF 1,129.94 FEET TO A POINT OF CURVATURE; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SPRING VALLEY ROAD, 259.03 FEET ALONG THE ARC OF A CURVE TURNING TO THE RIGHT ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:ABS63012876-6 WHOSE RADIUS IS 1,320.00 FEET (LONG CHORD BEARS S 83°28'33" E, 258.61 FEET); THENCE, DEPARTING FROM THE AFORESAID COURSE, N 01 °58'08" E A DISTANCE OF 55.34 FEET TO A POINT ON THE NORTHERLY BOUNDARY LINE OF GOVERNMENT LOT 7, SECTION 33; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE NORTHERLY BOUNDARY LINE OF GOVERNMENT LOT 7, SECTION 33, S 89° 13'51" E A DISTANCE OF 1,308.42 FEET TO THE NORTHEAST CORNER THEREOF; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE EASTERLY BOUNDARY LINE OF THE SAID GOVERNMENT LOT 7, S 01 °58'10" W A DISTANCE OF 838.23 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE NORTHERLY BOUNDARY LINES OF GOVERNMENT LOTS 11 AND 12, SECTION 33, S 88°26'04" E A DISTANCE OF 2,367.91 FEET TO THE NORTHEAST CORNER OF GOVERNMENT LOT 12; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SAID SECTION 33, S 88°26'53" E A DISTANCE OF 608.27 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF COUNTY ROAD 114; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE WESTERLY RIGHT OF WAY LINE OF COUNTY ROAD 114 THE FOLLOWING TWENTY (20) COURSES: 1) S 40°45'34" W A DISTANCE OF 208.63 FEET; 2) S 40°46'23" W A DISTANCE OF 60.06 FEET; 3) 209.64 FEET ALONG THE ARC OF A CURVE TURNING TO THE RIGHT WHOSE RADIUS IS 3,960.00 FEET (LONG CHORD BEARS S 42°25'50" W, 209.61 FEET); 4) S 43°56'50" W A DISTANCE OF 184.24 FEET; 5) 31.19 FEET ALONG THE ARC OF A CURVE TURNING TO THE RIGHT WHOSE RADIUS IS 960.00 FEET (LONG CHORD BEARS S 44°52'40" W, 31.19 FEET); 6) S 45°48'31" W A DISTANCE OF 161.63 FEET; 7) 91.60 FEET ALONG THE ARC OF A CURVE TURNING TO THE RIGHT WHOSE RADIUS IS 860.00 FEET (LONG CHORD BEARS S 48°51'36" W, 91.56 FEET); 8) S 51 °54'41" W A DISTANCE OF 50.15 FEET; 9) 215.78 FEET ALONG THE ARC OF A CURVE TURNING TO THE LEFT WHOSE RADIUS IS 690.00 FEET (LONG CHORD BEARS S 42°57'09" W, 214.90 FEET); 10) S 33°59'38" W A DISTANCE OF 136.05 FEET; 11) 267.77 FEET ALONG THE ARC OF A CURVE TURNING TO THE RIGHT WHOSE RADIUS IS 660.00 FEET (LONG CHORD BEARS S 45°37'00" W, 265.94 FEET); 12) S 57°14'22" W A DISTANCE OF 165.99 FEET; 13) 328.00 FEET ALONG THE ARC OF A CURVE TURNING TO THE LEFT WHOSE RADIUS IS 690.00 FEET (LONG CHORD BEARS S 43°37'17" W, 324.92 FEET); 14) S 30°00'13" W A DISTANCE OF 305.97 FEET; 15) 14.36 FEET ALONG THE ARC OF A CURVE TURNING TO THE LEFT WHOSE RADIUS IS 1,040.00 FEET (LONG CHORD BEARS S 29°36'28" W, 14.36 FEET); 16) S 29°12'44" W A DISTANCE OF 230.39 FEET; 17) 385.64 FEET ALONG THE ARC OF A CURVE TURNING TO THE LEFT WHOSE RADIUS IS 650.00 FEET (LONG CHORD BEARS S 12°12'55" W, 380.01 FEET); 18) S 04°46'53" E A DISTANCE OF 109.17 FEET; 19) 20.20 FEET ALONG THE ARC OF A CURVE TURNING TO THE RIGHT WHOSE RADIUS IS 570.00 FEET (LONG CHORD BEARS S 03°45'59" E, 20.20 FEET); 20) 287.77 FEET ALONG THE ARC OF A CURVE TURNING TO THE RIGHT WHOSE RADIUS IS 570.00 FEET (LONG CHORD BEARS S 11 °42'43" W, 284.72 FEET) TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF THE SAID SECTION 4; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE WEST LINE OF THE ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Num ber: ABS63012876-6 NORTHEAST QUARTER OF THE SAID SECTION 4, N 00°13'22" W A DISTANCE OF 278.98 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD, STATE OF COLORADO Copyright 2006-2018 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERI CAN! LAND TITLE ASSOCIATION