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Home My WebLink About1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.qarfield-county.com RECEIVED MAR 1 6 2009 GARFIELD COUNTY BUILDING & PLANNING kA cr_A 5209\ ,,15 MAJOR IMPACT REVIEW ❑ MAJOR IMPACT REVIEW [AMENDMENT] GENERAL INFORMATION (Please print legibly) D. Name of Property Owner: Ertw„y k,,,,ZL,3 ,6,c ➢ Mailing Address: ?C). LI A 1012'-( a oLI Rom Telephone: (q -7o ) sy /29/ D City: 'Oebsa�E State: Co Zip Code: 5zl(,30 Cell: ( ) D E-mail address: FAX: ( ) D Name of Owner's Rnepresentative, if any, (Attorney, Planner, Consultant, etc): >11Mr-i2rCr3✓V (i/✓/c, (7Dr/STILu<7bf5 • _Lye.. NICK '1Lct D Mailing Address: 99o/ S. G40,0n62v, Sr Telephone: (303 ) y/1-3?g 7 D City: Crrr-&r " State: Ca Zip Code: gO/25 Cell: (36 . ) 4//1 2Try D E-mail address: /Y?oacE Bfiacgcfrtr ,cor FAX: (3v3 ) 3cr7. /av4i D Requested Use from Table 3-501 or 3-502: /1 K i c6 c .LL! 7F t 3-6-0 / G/SW• = ei-rget-`T? p7'/ ,€' uR.d1 cr Tit = use-- fe(zn,n&-) $ut �'r t1, tificw 3I -t LT R,v✓Ic=u D Street Address / General Location of Property: /o,a y cw9 2i0 DF3Ecouc CoLo -tAr,o 4:t63a D Legal Description: 5E-; /o>y 33 �vt.„Ns,>,1" G sa,,,./ ?a�,c-,t qg. ttOQ;. D Assessor's Parcel Number: 2 ci / 3 - o e, 2- D b - 0 3 D Existing Use: Al EiCuc 7-142 r ➢ Property Size (in acres) & Aeaz-5 Zone District: Burn-. Last Revised 12/29/08 I. Major Impact Review Process The following section outlines and describes the Major Impact Review process for the variety of uses that are governed by the Board of County Commissioners by the Unified Land Use Resolution of 2008 (ULUR). Please refer to Articles III and VII in the regulations themselves for a higher level of detail. [The following process is required for applications for land use changes that are subject to Major Impact Review as defined in Table 3-501 or 3-502 in Article 111.1 A. Outline of Process. The Major Impact Review process shall consist of the following procedures: 1. Pre -Application Conference (4-103 (A)) 2. Application (4-103 (B)) 3. Determination of Completeness (4-103 (C)) 4. Evaluation by the Director/Staff Review (4-103 (E)) 5. Public Hearing and Recommendation by the Planning Commission (4- 103 (G)) 6. Public Hearing and Decision by the Board of County Commissioners (4-103 (G)) B. Submittal Materials: The following materials shall be submitted with a Limited Impact Review application and are more fully defined in Section 4-502 of Article IV of the ULUR. The Director may waive or alter any of these requirements if they are determined to be inappropriate or unnecessary to determining if the application satisfies applicable standards. 1. Application Form and Fees 2. Site Plan (4-502(C)(3)) 3. Erosion and Sediment Control plan (4-502(C)(4)) 4. Landscape Plan (4-502(C)(5)) 5. Land Suitability Analysis (4-502(D)) 6. Impact Analysis (4-502(E)) 7. Improvements Agreement, if appropriate (4-502(1)) II. Major Impact Review Amendment Process Any proposal to change conditions of approval or a site plan approved under these Regulations as a Major Impact Review permit shall require application to the Director for Amendment of a Major Impact Permit Approval. The Director shall review the application to determine whether the proposed change constitutes a substantial change to the Major Impact Permit approval pursuant to Section 4-107 of Article IV. A. Outline of Process. The review process for a proposed Amendment of an Approved Major Impact Review shall consist of the following procedures. 1. Pre -Application Conference (4-103 (A)) 2. Application (4-103 (B)) 3. Determination of Completeness (4-103 (C)) 4. Evaluation by the Director/Staff Review (4-103 (E)) 5. Decision by Director (4-104(B)(5)) 6. Public Hearing and Decision by the Board of County Commissioners (4-103 (G)) B. Submittal Materials: The following materials shall be submitted with a Major Impact Review Amendment application and are more fully defined in Section 4-502 of Article IV of the ULUR. The Director may waive or alter any of these requirements if they are determined to be inappropriate or unnecessary to determining if the application satisfies applicable standards. 1. Application Form 2. Supporting documents necessary to evaluate the proposed revision(s) 3. Written Statement of proposed amendment(s) which includes how the requested amendment does not result in a substantial change defined here: Substantial Change. A change to and existing approved land use resulting in one or more of the following: 1. A change in land use category. 2. A change in site design which increases a. The number of dwelling units. b. The maximum square footage of structures less than 10,000 sq. ft over 100% and structures over 10,000 sq. ft. by 10%, if a maximum has been specified in a permit or approval. c. Projected traffic such that a highway access permit or an amendment to a highway access permit is required as a result of the change. d. The size of the land which is the subject of the permit or approval 3. A change in land use which creates or increases the incompatibility of the use. ad the statements above and have provided the required attached information correct and act r.te to the best of my knowledge. / (Signature of Property Owner) Date March 23, 2009 Mr. Nick Polce American Civil Contractors, Inc. 4901 S. Windermere St. Littleton, CO 80120 BUILDING & PLANNING DEPARTMENT RE: Erwin Pit - Major Impact Review — Notification of Technical Completeness Dear Nick, The application submitted by American Civil Contractors, Inc. (ACC) for the extraction of materials from the parcel owned by Mr. Erwin Knirlberger has been deemed to be technically complete. At the February 9, 2009 BOCC meeting, the Board determined that ACC could continue with the extraction activities if ACC submits a complete application and agrees to any special conditions. The County has decided not to place special conditions for the extraction from the two Erwin pits. In accordance with the guidance provided by the BOCC, ACC can resume extraction as soon as ACC receives a permit from the Colorado stillDiv lsion of needs oeReclamation, coneMining by the County(P Planning Commission ndeBOCC S). As you are awar, the at ication hearings. Please understand that a determination of technical completeness by this office shall not be deemed a recommendation of approval, finding of adequacy of the application, or a finding of general compliance with any regulations, goal, policy, or objective of the Garfield County Regulations. Do not hesitate to contact this office should you have further questions. Sincerely, Fred A. Jarman, AIC Director, Building & PI&nning Department 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 P175 STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (3031 832-8106 CONSTRUCTION MATERIALS SPECIAL (111) OPERATION RECLAMATION PERMIT APPLICATION FORM COLORADO DIVISION or RECLAMATION MINING — &— SAPETY Bill Ritter, Ir. Governor Harris 0. Sherman Executive Director Ronald W. Canany Division Director Natural Resource Trustee The application for a Construction Materials Special III Operation Reclamation Permit contains four major parts: (t) the application form; (2) Exhibits A -L, Addendum 1, and any sections of Exhibit 6.5 (Geotechnical Stability Exhibit), as required by the Office, and outlined in Rules 6.1, 6.2, 6.3, 6.5, and I.6.2(1)(b); (3) the application fee; (4) the Performance Warranty and if required a Financial Warranty. When you submit your application, be sure to include one (1) completed, signed and notarized ORIGINAL and one (1) copy of the completed application form, two (2) copies of Exhibits A -L, Addendum 1, appropriate sections of Exhibit 6.5 (Geotechnical Stability Exhibit), as required, a check for the application fee described under (4) below, and the fully executed Perfomlance Warranty and Financial Warranty, if required. Exhibits should NOT be bound or in 3 -ring binders; maps should be folded to 8 2" X 11" or 8 2" X 14" size. To expedite processing, please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, all information described below I. Applicant/operator or company name (name to be used on the permit): American Civil Constructors, LLC 1.1 Type of organization (corporation, partnership, etc.): Corporation 2. Operation name (pit, mine or site name): Erwin Pit 3. Permitted acreage: 6 . 84 Permitted Acres 4. New Application: $898.00 Application Fee 5. Primary commoditie(s) to be mined: Fi11 Material 6. Name of owner to the surface of affected land: Erwin Knirlberger 7. Name of owner to the subsurface rights of affected land: Erwin Knirlberger 8. Type of mining operation: X Surface Underground In-siht 9. Location information: The center of the area where the majority of mining will occur: COUNTY: Garfield PRINCIPAL MERIDIAN (check one): X 6th (Colorado) lthh (New Mexico) Lite SECTION (write number): 5 33 TOWNSHIP (write mmnber and check direction): T6 __ ___�, North X South RANGE (write number and check direction): R 9 8 East _ X West QUARTER SECTION (check one): X NE NW SE SW QUARTER/QUA.RTER SECTION (check one): _ NE _ NW SE X Sly GENERAL DESCRIPTION: (the number of utiles and direction from the nearest town and the approximate elevation): __,__ 12 miles northwest of De Beque, CO at elevation 5,570 feet msl. Office of Office of Mined Land Reclamation Denver • Grand junction • Durango Active and Inactive Mines 10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) 39° 44' 12.98" (W) 104° 59' 3.87" Latitude (N): deg min sec Longitude (W): deg min sec OR Example: (N) 39.73691° (W) -104.98449° Latitude (N) Longitude(W) 039,49473 108,34026 OR Universal Tranverse Mercator (UTM) Example: 201336.3 E NAD27 Zone 13 4398351.2 N (5 decimal places) (5 decimal places) UTM Datum (specify NAD27, NAD83 or WGS 84) Basting Northing (2 decimal places) (2 decimal places) Zone 11. Primary Future (Post -mining) Land Use (check only one): Cropland(CR) — Pastureland(PL) _ General Agriculture(GA) _X Rangeland(RL) Forestry(FR) _ Wildlife Habitat(WL) Residentia[(RS) _ Recreation(RC) industrial/Commercial(1C) Developed Water Resources(WR) Solid Waste Disposal(WD) 12. Primary Present Land Use (check only one): Cropland(CR) _ Pastureland(PL) X Rangeland(RL) Forestry(FR) _ Residential(RS) _ Recreation(RC) Developed Water Resources(WR) 13. Estimated Beginning Date of Contract: 13.1 Estimated completion date of contract: General Agriculture(GA) Wildlife Habitat(WL) Industrial/Commereial(JC) Mining(MN) January 2009 December 2009 15. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Contact's Name: Bruce Hammers Tide; Senior Project Manager Company Name: American Civil Constructors, Inc Street/P.O. Box: 4901 South Windermere P.O. Box: City: Littleton State: CO Zip Code: 80120 Telephone Number: (303 )_ 795-2582 Fax Number: (303 )_ 347-1844 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Ryan Ellis Title: Consultant Company Name: Greg Lewicki and Associates Street/P.O. Box: 11541 Warrington Ct P.O. Box: City: Parker State: CO Zip Code: 80138 Telephone Number: (303 ) 880-6690 Fax Number: ( 303 )- 346-6934 INSPECTION CONTACT Contact's Name: Nick Polce Title: Project Engineer Company Name: American Civil Constructors, Inc Street/P.O. Box: 4901 South Windermere P.O. Box: City: Littleton CO 80120 State: Zip Code: Telephone Number: L303 I. 795-2582 Fax Number: ( 303 )_ 347-1844 CC: STATE OR FEDERAL LANDOWNF,RSif any) Agency: Street: City: State: Telephone Number: CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Telephone Number: ( Zip Code: Zip Code: 14. Maps & Exhibits: Submit two (2) complete, unbound copies of the following application exhibits: 6.3.1 EXHIBIT A - Legal Description and Location Map 6.3.2 EXHIBIT B - Site Description 6.3.2 EXHIBIT C - Mining Plan 6.3.4 EXHIBIT D - Reclamation Plan 6.3.5 EXHIBIT E - Maps, to include the location of any recorded easements 6.3.6 EXHIBIT F - List of Other Permits and Licenses Required 6.3.7 EXHIBIT G - Source of Legal Right -to -Enter 6.3.8 EXHIBIT H - Municipalities Within a Two-mile Radius 6.3.9 EXHIBIT I - Proof of Filing with County Clerk 6.3.10 EXHIBIT 1- Proof of Mailing Notices of Permit Application 6.3.11 EXHIBIT K - Terms of Governmental Contract 6.3.12 EXHIBIT L - Permanent Man-made Structures 1.6.2(1)(b) ADDENDUM 1 - Notice Requirements 6.5 Geotechnical Stability Exhibit (as required) Responsibilities as a Permittee: Upon application approval and permit issuance, this application becomes a legally binding document. Therefore, there are a number of important requirements which you, as a permittee, should fully understand. These requirements are listed below. Please read and initial each requirement in the space provided, to acknowledge that you understand your obligations. If you do not understand these obligations then please contact this Office for a full explanation. 1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a fording that the permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the application or ( your permit misrepresent important material facts; 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as permittee can result; 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a new permit application and obtain approval from the Board or Office; vhf_ 5. It is your responsibility to notify the Office of any changes in your address or phone number; 6. Upon permit issuance and prior to beginning on-site mining activity, you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information (Rule 3.1.12); a. the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c. the permit number. 0. 1 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance; L7ft 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Mineral Rules and Regulations in effect at the time the permit is �� ''``__ issued. 2714. 9. Annually, on the anniversary date of permit issuance, you must submit an annual fee ($504), and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example, a permit with the anniversary date ofJuly 1, 1995, the annual fee is for the period of July 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as an operator, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. NOTE TO COMMENTQRS/OBJECTORS: It is likely there will he additions, changes, and deletions to this document prior to final decision by the Office. Therefore, if you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document. The Office is not allowed to consider comments, unless they are written, and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process, you may contact the Office at (303) 866-3567. Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. All necessary approvals from local government have been applied for (Section 34-32.5-11 I(1)(a)(IX)); 2. This entire mining operation will not affect more than 30 acres; 3. This mining operation will not adversely affect the stability of any significant, valuable and permanent man-made structure(s) located within two hundred (200) feet of the affected lands. (However, where there is an agreement between the applicant/operator and the persons having an interest in the structure that damage to the structure is to be compensated for by the applicant/operator (Section 34-32.5-115(4)(e), C.R.S. 1984, as amended), then mining may occur within 200 feet. Proof of an agreement must be submitted to the Office prior to the decision date.) 4. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115(4)(f), C.R.S. 1984, as amended); 5. As the applicant/operator, I do not have any mining/exploration operations in this state of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-32.5-120, C.R.S. 1984, as amended) as determined through a Board finding. 6. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. 1984, as amended. This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-111,C.R.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to section 34-32.5-123, C.R.S. Signed and dated this ' L ` day of 1:: -i8r i .1 s' - /40'4Q -it 1-iVm C.. L-0t4:5-rEicc,t 3 Applicant/Operator By: agtu..Li�.w Ami Title: SErkmoO ��7 State of (I)(�l(�,f/nf) )ss. County of /, / ) Zoo'\ If Corporation Attest (Seal) -1 By: C {{--�� . ll tporate$eCfetary or Equivalent Town/City/County Clerk The foregoing instrument was acknowledged before me this � oa day of ,id rt4o l tJ is 00 by 13111i(a. L ±_/ S as ,��y+um U;,;f t\1tt4 il'Cl- ofa.201/6,il C1v11-.(-20.5112A“..12:'/Li �OTAgy': _ Uh' nw SLilkJ/a/Li _* ,, :,tr=Notary Public PUBLIG PPp� ^NA2fy Commission expires: �Y -da, ,, O"'OpCo'i..9; \�,\ SIGO/4V !� AI BE IN BLUE INK n Notes: Revle)one BY DATE DES RE DRN RE CHK APPD DATE 2/16/09 SCALE 1' = 2000' Greg Lewicki And Associates 11541 WarringIon Caw Phono (303)4465190 Porker, CO USA 80138 E•M03 • inlo5949019491a American Civil Constructors Inc. Map A-1 General Location Map Erwin Pit Book 437 Page 126 11:38 A, October 25 1972 255796 Ella 18telD' , — Reception ... ... • ... , Recorder. TRIS DEED, Made this 2nd day of october 19 72 ,between JAMES L. UPHOFF and ELEANOR A. UPHOFF of the County of Garfield land.State. f Colorado, of the first part, and. RECORDER'S STAMP STATE DOCUMENTARY OCT 2 '5' 1972 $.- E-RWIN P. KNIRLBERGER and ANNA R. KNIIILBERGER of the County d Pi tkin and State of Colorado, of the sectcul. part: WITNESSETH, that the said partje sof the first part, for and in consideration of the gum of en Dollars and othe_r _good andthah1aCnj4atzopz,_ to - to the said part iesof the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, tying ana being in the County of Garfield and State of Colorado, to wit: The NE1/4SW1/4, SW1/4SE1/4, SE1/4SW1/4 of Section 33, T. 6 S . , R. 98 W., 6th P.M. The stimia1/4 , Nwwri3/4 and Lot 3, Section 4, T. 7 S., R. 98 W. of the • 6th P4F-,eq5cept that part of said SW1/41‘TE1/4 lying East of Center of .4ahne,CecciAgan Creek as conveyed out by Document No. 70005. :The 8;1/4 pf"Cagetion 1, T. 6 S., R. 10Q W. of the 6th P.M. containing 16s0natre'sit • r--- -- -AS uf;jeati: to,13212-1. or mineral reservations of record; easements and rights off_way,o,fIlublic record; proviSiOns of agreement as to location of houndmy Ilihes as appears- in the ek-afield County records as Document No. 21-6312 4 , Book 380 at Page 61. Togethor,-with water.-4and-ciStdhanneate.d• tenant to the above described property, including but not limited to the following: 1/4 of 9.7 cubic feet of water per second of time under Priority No. 147AA in the H.V.C. and S. Ditch, together with an -interest in the Arkansas Ditch, Himebaugh Ditch, Franiein glitch No* 1 and the Franklin pitch No. 2. • There is also hereby conveyed the- following Bdroaiii of Land Manage- ment grazing permitdescribed as: -2-7 head from 5/15 to 7/20 and 37 head from 10/1,6 ?to- 11/20, and 59 head ft T421 Page 127 TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances, unto the said parties of the second: part, £heir heirs and assigns forever. And the said parties of the first part, for themselves theiaheirs, executors, and. adtltitdstraton, 40 _. covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance in law, in fee simple, and haV a good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments ,and incumbrances of whatever kind or nature, sorer, Except taxes for 1972 due and payable in 1973 which the grantee assumes to pay. and the above bargained premises in the -quiet -and peaceable possession of the said parties of the second part, their heirs and assigns, against all and every person or persona lawfully claiming or to claim the whole or any part thereof, the said parties of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said parties of the first part have hereunto set their :hands and seal the dayand year first above :written. -- Signed, Sealed and Delivered in. the Presence of m Y'' Llp. a [SEAL], esif a� ..[he SEAL] Eleanor 2/ o U Elea ph [SEAL] County of G R1*S i p g ,fnstrument was acknowledged before tne.this :424441, ET '—, ES L, URHQFF. and FlELANO.R A. UPHOVE t id eTphres;- • , 19 ; Witness nay handkand,offieial seal. day of October er Notary Fublto. 2 -%ilkfttt$l.person or persons here insert name or nalaes1,fi by pP.Tdo'Y13'Sq'EfR°g iu Yepieethi alive or.offieiel capaelty or as attomelein-fact, then inddripe/es of person as executor, ateethey-iiifief or other` c$baeity orrdeeription4-11 by officer of corporation; then insert; natne.of such officer or officers, as the president or other offieers ofsuch corporation, nami g it. GARFIELD COUNTY ASSESSOR JOHN GORMAN 109 8TH STREET, STE 207 GLENWOOD SPRINGS,CO; 81601 2007 REAL ,NA4011 E- OF VALUATION APPEAL FORM RETURN TO ASSESSOR DAT py 1, 2007 SCHEDULE / ACCOUNT NUMBER TAX YEAR TAX AREA CODE PROPERTY DESCRIPTION (MAY NOT BE COMPLETE) R290098 029 KMIRLBERGER, ERWIN P. PO BOX 42 DE•BEQUE'CO`B(690-0042 241304200003 SECT,TWN,RNG:4-7-98 DESC: SEC 33-6-98 N ESW, SWSE, SE&W SEG 437.98, LOT 2 THAT D 'ESC PT W-QI ROAN 68;..( T 3 NW$E,SWNE C 'ONT 32 AC. LYINt DL/SC VII OF ROAN CR:'EX' TYPE OF PROPERTY AGRICULTURAL LAND AGRICULTURAL IMPROVEMENTS AGRICULTURAL RESIDENTIAL PRIOR YEAR ACTUAL VALUE CURRENT YEAR ACTUAL VALUE , OR -CHANGE a sir NE 7i c jz Sr// � C 7v 5\ /Az or Pr c 1i0J3� Ai' 74 SE '/c A "` off ;ia 7s ��ri• OMIT f9 j' t) ch LAND SIZE # OF BUILDINGS ON FILE BUILDING #1 CHARACTERISTICS DISPLAYED VI w cc uJ 0 a. a Architectural Style 1-STRY/BSM Bedroom(S) 3 Type of heat NONE Heated(FinIshed) Sq Etat-Building 1567 Roof Covering COMP SHNGL )of Structure GABLE Actual Year Built 1935 If property has more than one building, please see the Assessor. PLEASE REFER TO THE BACK OF THIS FORM FOR INFORMATION ON HOW TO APPEAL YOUR PROPERTY VALUATION OR ITS CLASSIFICATION. Operator: Operation: Permit Not PERFORMANCE WARRANTY American Civil Constructors, Inc. MAR 0 2 2009 Division of filacIsaaomoteaciscytteli, ie N Mnin9 Mart Erwin Pit This form has been approved by the Mined Land Reclamation Board pursuant to sections 34-32-117, C.R.S., of the Mined Land Reclamation Act and 34-32.5-117, C.R.S., of the Colorado Land Redamation Act for the Extraction of Construction Materials. Any alteration or modification of this form, without approval by the Board shall result in the financial warranty being invalid and result in the voiding of any permit issued in conjunction with such invalid financial warranty and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to sections 34-32-123, C.R.S., ofthe Mined Land Reclamation Act and 34-32.5-123, C.R.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et sem. (the "Act"), as amended, and the Colorado Land Reclamation Act for the Extraction of Construction Materials, C.R.S. 34-32.5-101 et se . (the "Act"), as amended, provides that no permit may be issued under the Act until the Mined Land Reclamation Board (the "Board") receives a performance warranty (or warranties) that is a written promise to comply with all applicable requirements of the Act. WHEREAS, American Civil Constructors (the "Operator"), has applied for a permit to conduct a mining operation known as Erwin Pit (the "Operation") on certain lands in Garf ield County, Colorado. These lands are described in the permit application, as amended and supplemented, and are referred to herein as the "Affected Lands". WHEREAS, in its application for the permit, the Operator has agreed to be bound by all requirements of the Act and all applicable rules and regulations of the Board, as amended from time to time. WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs of reclamation with regard to those affected lands in Garfield County which are now or may become subject to the permit are those amounts for the stated periods of time as set forth in the financial warranty, which may be amended from time to time to reflect revised estimates of said costs of reclamation. WHEREAS, the Operator hereby gives the Board a performance warranty pursuant to Section 34-32-117(2) or Section 34-32.5-117(2) of the Act, and herein promises the Board that it will comply with all applicable requirements of the Act with regard to those Affected Lands. NOW, THEREFORE, the Operator hereby promises the Board that it will comply with all applicable requirements of the Act and rules and regulations of the Board with respect to the Affected Lands. FURTHER, the Operator hereby promises the Board that it will comply with all of the terms of the application for a permit, as amended and supplemented, as well as any conditions attached to the permit by the Board. FURTHER, the Operator promises the Board, pursuant to 34-32-112(2)(d) or 34-32.5-112(1)(c)(iv) of the Act, that it has the lawful authority to enter upon the Affected Lands to conduct mining operations, including, but not limited to, reclamation. The Operator further recognizes the right of the Board to enter to reclaim lands affected by the operation. The description of lands herein is for convenience of-referenee only, amino error in such description, nor any revision of the permitted mining area, nor the disturbance by the Warrantor of lands outside of the permitted mining area shall alter or diminish the Operator's obligation hereunder, which shall extend to the reclamation of all such lands disturbed. The obligation of the Operator hereunder is such that, if the Operator shall successfully comply with the requirements of the Act, applicable rules and regulations, and the permit, then the Board, upon a finding that the Operator has so complied, shall release this performance warranty, and the Operator from its obligation hereunder, to the extent that the Board determines that such compliance has been accomplished. The obligation of the Operator hereunder shall continue until released in whole or in part by the Board in accordance with applicable law. In further satisfaction of the requirements of the Act, the Operator promises to be responsible for the cost of reclamation up to the amount established by the Board and has attached hereto its financial warranty, which may be amended from time to time. The Operator agrees that it will maintain a financial warranty (or warranties) for the estimated costs of reclamation in good standing for the entire life of the permit. Please note that under the provisions of the Colorado Mined Land Reclamation Act and the Colorado Land Reclamation Act for the Extraction of Construction Materials, any Applicant or Operator that submits proof, acceptable to the Board or Division of Reclamation, Mining, and Safety, that an Applicant or Operator is a unit of County or Municipal government, or is a department or division of State government, the Applicant or Operator is not required to submit or post any other instrument of fmancial responsibility but hereby promises to be responsible for the cost of reclamation up to the amount specified by the Board, If the Board determines that the Operator is in default under this performance warranty and has failed to cure such default, although written notice of such default and ample time to cure such default have been given, the Operator's financial warranty shall be subject to forfeiture. This performance warranty maybe executed in multiple copies, each of which shall be treated as an original, but together they constitute only one agreement, the validity and interpretation of which shall be governed by the laws of the State of Colorado. -3 - The provisions hereof shall bind and inure to the benefit of the parties hereto and their successors -and assigns. h SIGNED, SEALED AND DATED this 1 Z i day of M 32v e Y Arnett C4M 00(L. Com Si'eiiC,a`{�# � Operator C , u By: "Tye ✓vv�.w-4. 7! `. Title: 4giaro.L 1:12a.rve.r Mil ts4c:,6z NOTARIZATION OF OPERATOR'S ACKNOWLEDGEMENT STATE OF 6 Ipr((l ) � ) ss. !^ COUNTY OF (il47/Ak)dC ) The foregoing instrument was acknowledged before me this q f day of Ceti (iiCat`l/( 2DO@ , by �CIACC karnMen as .2F04' ff7JCz4 lc3 `IIitni( of Iso271i4n (vit (_rn&VuckorS. a $I( 9i Fla It:*'d ! :w 2v;,PUBLIC ' a y. APPROVED:„ 2 C6.0PP�q�A\ State of Colorado es/onExelteg Mined Land Reclamation Board Division of Reclamation, Mining, and Safety L'(CtC(Lw &t U NOTARY PUBLIC My Commission expires: 6 ` 1 - 0`10 ( a By: Date: Division Director Greg Lewicki And Associates 11541 Warrington Court Phone (303) 346-5196 Fax: (303)-346-6934 Parker, CO USA 80138 E-Mail:infoQlewicki.biz February 20, 2009 Garfield County Clerk and Recorder 108 8th Street, Suite 200 Glenwood Springs, CO 81601 Dear Clerk and Recorder: Please see that the enclosed 111 permit application for the fill material excavation site know as the Erwin Pit. This application needs to be placed on public file. The Colorado Division of Reclamation, Mining, and Safety needs evidence that you received this application. Therefore, please sign and date below and email or fax this signed page. Please call me if there are any questions. Thank you. Sincerely, Ryan Ellis Greg Lewicki and Associates (303) 880-6690 Fax: (303) 346-6934 Email This application was received on the following date: ai\ a, cQ ©(x Q By: IC7cDmQ - 9o' 1 "i 4 ZUL Erwin Pit, February 2009 1-2 G reg Lewicki And Associates February 16, 2009 \%arriugton Court Phone (303) 346-5196 Fax: (303)-346-6934 •r. Co USA 80138 f-::\tliil:infonIeivivki,hiz Colorado Department of Public Health and Environment Air Pollution Control Division 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 (303) 692-3150 RE: Erwin Pit APEN The Included APEN is for the Erwin Pit which is located in Section 33 Township 6 south Range 98 West in Garfield County Colorado. This site has been disturbed by American Civil Constructors for the extraction of fill material for use in the improvement of Roan Creek Road. The road improvement project is permitted through Garfield County. We are currently working on a reclamation permit for this site as well as other permits needed for mining. As stated in the APEN, we are hoping to be back hauling material from this site in the middle of March 2009. I know that this is a fast turn around but we would greatly appreciate a timely review of this APEN. Please give me a call if there are any questions or additional information needed. Sincerely Ryan Ellis, Greg Lewicki and Associates (303) 880-6690 Colorado Department of Public Health and Environment Air Pollution Control Division - MINING OPERATIONS - GENERAL INSTRUCTIONS FOR FUGITIVE PARTICULATE AIR POLLUTANT EMISSION NOTICE / CONTROL PLAN Complete only those sections of this form which are applicable to your operation. All data given, such as production rates, topsoil removal, etc., should be for that period of 12 months that is expected to have the greatest amount of activity, usually for the first year. Emissions will be calculated in terns of pounds per day and tons per year of particulates generated. Also, please submit the following, if available: 1. A map showing site location and boundaries, haul roads, and nearby residences or commercial structures. 2. Production schedule. 3. Schematic of the operation. 4. Engineering or manufacturing data on control equipment. PERMITS REQUIRED Fugitive Particulate Emission Permits are issued for site-specific activities, such as mining, storage of materials, haul road activities, etc. The Division will use the information submitted on this form to estimate emissions from the activity. Any processing equipment, such as a crusher, screen, concrete batch plant, or asphalt plant is considered to be portable and requires a separate permit application, Air Pollution Emission Notice, and filing fee. This aids the applicant by requiring only a revised Air Pollution Emission Notice for Relocation, whenever the equipment is moved to a new site. FEES A filing fee of $152.90 shall accompany each Air Pollution Emission Notice / Control Plan filed with a permit application. Permit processing fees will be charged for the amount of time the Division spends evaluating the permit application. These fees, (currently $59.98 per hour) plus any required public notice fees, must be paid before an Initial Approval Permit will be issued. Once the project has commenced operation, the source has 180 days to certify compliance with the permit conditions. Once the source has self -certified, Final Approval processing will begin. Final Approval Permit processing fees must be paid before the Final Approval Permit is issued. For more information or assistance call: Small Business Assistance Program (303) 692-3148 Small Business Ombudsman (303)692-2135 Revised September 2004 htto://www.cdphe.state.co.us/ap/stationary.html Colorado Department of Public Health and Environment Air Pollution Control Division - MINING OPERATIONS - THIS PAGE INTENTIONALLY LEFT BLANK Revised September 2004 bttn://www.cdphe.state.co.us/ap/stationary.html Colorado Department of Public Health and Environment Air Pollution Control Division Page 1 of 6 - MINING OPERATIONS - Air Pollutant Emission Notice (APEN) — and — Application for Construction Permit - and — Fugitive Particulate Emissions Control Plan N New Facility ❑ Transfer of Ownership * ❑ Change in Production ❑ No Change, APEN Update Only All sections of this APEN and application must be completed prior to submittal to the Division for both new and existing facilities. An application with missing information may be determined incomplete and may result in longer engineer processing times. * Note: For transfer of ownership or company name change of a permit, you must also submit a Construction Permit Application form. Permit Number AIRS Number Company Name: American Civil Constructors Pit/Mine Name: Erwin Pit County: Garfield Pit/Mine Location: 0.5 mile west of Clear Creek Road on CR 204 Billing Address: 4901 South Windermere Zip Code: 80120 Littleton, CO Person to Contact: Nick Polce Phone Number: (970) 283-1081 E -Mail Address: npolce(naccbuilt.com Fax Number: (303) 347-1844 Please provide description of the activity: (Also, please provide a site map) Excavation of fill material with an excavetor and loading 21 ton 18 wheel belly dump trucks. Stockpiling of topsoil and reclamation of the site. Job Duration: Jan 2009 - Dec 2009 If facility is NOT yet constructed: What is the projected start-up date? 03/01/09 Normal Operation of this Source: 10 Hours per day 6 Days per week 52 Weeks per year Seasonal Throughput (% of Annual): Dec - Feb 25 Mar - May 25 June - Aug 25 Sept - Nov 25 Esthnated Maximum Annual Production: 90,000 Tons Per Year Commodity Produced: (Please be consistent with the Division of Minerals and Geology permit) ❑ Aggregate / Sand and Gravel ❑ Stone ❑ Coal ❑ Minerals or Metals Type: N Other: Fill Dirt Revised September 2004 http://www.cduhe.state.co.us/ao/stationary.html Colorado Department of Public Health and Environment Air Pollution Control Division - MINING OPERATIONS - ESTIMATED EMISSIONS IYear For Which Actual Data Applies: Pollutant Estimated Emissions (tons/yr) at throughputs requested Estimation Actual Emissions '. Method From Data Year Controlled Uncontrolled Particulate PM -10 A. TOPSOIL REMOVAL Maximum Tons Removed Per Day: Tons Removed Per Year: 1,000 4,500 Proposed Controls For Topsoil Removal: El Moist Material 0 Water Spray 0 Other (specify) B. TOPSOIL STOCKPILE(S) Maximum Stored At One Tune: 4,500 Tons Proposed Controls For Topsoil Stockpile: 0 Watering Times/Day Page 2 of 6 ❑ Chemical Stabilizer ❑ Compacting Of Piles ❑ Enclosures Type: (Complete or Partial) Revegetation Revegetation Must Occur Within One Year Of Soil Disturbance ❑ Other (specify) C. OVERBURDEN REMOVAL Equipment Used For Removal: Scraper, Dragline, or Both Maximum Tons Removed Per Day By Dragline: N/A Tons Removed Per Year By Dragline: Number Of Scraper Hours Per Day: Number Of Scraper Hours Per Year: Proposed Controls For Overburden Removal: ❑ Moist Material ❑ Water Spray ❑ Other (specify) Revised September 2004 http://www.cdphe.state.co.us/ap/stationary.html Colorado Department of Public Health and Environment Air Pollution Control Division Page 3 of 6 - MINING OPERATIONS - D. OVERBURDEN STOCKPILE(S) Maximum Stored At One Time N/A Tons Proposed Controls For Overburden Stockpile: 0 Watering Times/Day ❑ Chemical Stabilizer ❑ Compacting Of Piles ❑ Enclostves (Complete or Partial) ❑ Revegetation Revegetation Must Occur Within One Year Of Soil Disturbance 0 Other (specify) E. DRILLING Number Of Holes Drilled Per Day: N/A Number Of Holes Drilled Per Year: Proposed Controls For Drilling: ❑ Water Injection 0 Chemical Stabilizer ❑ Bag Collectors ❑ Other (specify) F. BLASTING Number Of Blasts Per Day: Number Of Blasts Per Year: Type of Blasting Material Used: Tons of Blasting Material Used: Hours Of Emissions Per Day: N/A G. RAW MATERIAL REMOVAL Maxi num Tons Removed Per Day: 4,500 Tons Removed Per Year: 90,000 Drop Height: 4 Feet Specify Moisture Content: %, (if known) Proposed Controls For Raw Material Removal: O Moist Material ❑ Water Spray ❑ Other (specify) H. RAW MATERIAL STOCKPILE(S) Maximum Stored At One Time: N/A Proposed Controls For Raw Material Stockpile: ❑ Watering Times/Day ❑ Chemical Stabilizer ❑ Compacting Of Piles O Enclosures Type: ❑ Revegetation ❑ Other (specify) (Complete or Partial) Revegetation Must Occur Within One Year Of Soil Disturbance Revised September 2004 http://www.cdphe.state.co.us/ap/stationary.html Colorado Department of Public Health and Environment Air Pollution Control Division Page 4 of 6 - MINING OPERATIONS - I. PROCESSING Will processing (1.e., crushing, screening, etc.) occur on site? No NOTE: ALL PROCESS EQUIPMENT REQUIRES A SEPARATE PERMIT APPLICATION AND APEN. PRIMARY CRUSHING Maximum tons crushed per year: N/A Maximum tons crushed per hour: Hours of crushing per day: Proposed Controls: ❑ Moist Material ❑ Water Spray ❑ Enclosure Type: ❑ Other (specify) Tons Tons SECONDARY CRUSHING Maximum tons crushed per year: N/A Maximum tons crushed per hour: Hours of crushing per day: Proposed Controls: ❑ Moist Material ❑ Water Spray ❑ Enclosure Type: ❑ Other (specify) J. Tons Tons SCREENING/CLASSIFYING Maximum tons screened per year: N/A Tons Maximum tons screened per hour: Tons Hours of screening per day: Proposed Controls: ❑ Moist Material ❑ Water Spray ❑ Enclosure Type: ❑ Other (specify) RESCREENING/CLASSIFYING Maximum tons screened per year: N/A Maximum tons screened per hour: Hours of screening per day: Proposed Controls: ❑ Moist Material ❑ Water Spray ❑ Enclosure Type: ❑ Other (specify) CONVEYORS/TRANSFER POINTS Tons Of Material Conveyed Per Year Tons Of Material Conveyed Per Day Proposed Controls ❑ Enclosure Type: ❑ Other (specify) Number Of Transfer Points : Proposed Controls ❑ Enclosure Type: ❑ Water Spray ❑ Chemical Stabilizer ❑ Other (specify) N/A (Indicate On A Separate Diagram How Conveyor System Is Set Up) Revised September 2004 Tons. Tons. Tons Tons (Complete or Partial) (Complete or Partial) http://www.cd0he.state.co,us/ap/stationarv.html Colorado Department of Public Health and Environment Air Pollution Control Division Page 5 of 6 - MINING OPERATIONS - K. FINISHED PRODUCT STOCKPILES) Maximum Stored At One Time: N/A Tons Proposed Controls For Finished Product Stockpile: 0 Watering Times/Day ❑ Chemical Stabilizer ❑ Compacting Of Piles ❑ Enclosures Type: (Complete or Partial) ❑ Revegetation Revegetation Must Occur Within One Year Of Soil Disturbance ❑ Other (specify) L. RAW MATERIAL TRANSPORT FROM REMOVAL SITE TO STOCKPILE(S) Haul road distance (one way) N/A Feet Road surface silt content (if known) Posted speed limit on haul road m.p.h. ❑ Watering ❑ Frequent (Watering Frequency of 2 or More Times Per Day) ❑ As Needed O Chemical Stabilizer ❑ Gravelling Other: Vehicle Type Capacity Empty Weight 1 18 -Wheelers Tons Tons 2 10 -Wheelers Tons Tons 3 4 -Wheelers Tons Tons 4 Tons Tons M. FINISHED PRODUCT TRANSPORT (ON SITE) No. Of Trips Per/Day Amount of material for off-site transfer: 90,000 Tons per year On-site haul road distance (one way) 150 Feet Road surface silt content (if known) Posted speed limit on-site: 15 m.p.h. • Watering ❑ Frequent (Watering Frequency of 2 or More Times Per Day) O As Needed ❑ Chemical Stabilizer ❑ Gravelling ❑ Paving Other: Vehicle Type Capacity Empty Weight No. Of Trips Per/Day 1 18 -Wheelers 21 Tons 25 Tons 215 2 10 -Wheelers Tons Tons 3 4 -Wheelers Tons Tons 4 Tons Tons Revised September 2004 http://www.cdphe.state.co.us/ap/stationary.html Colorado Department of Public Health and Environment Air Pollution Control Division - MINING OPERATIONS - N. SITE DISTURBANCE Page 6 of 6 Total Area of Site: 6.84 Acres Total Disturbed Area of Site: 6.84 Acres Proposed Controls: • Watering ® Frequent (Watering Frequency of 2 or More Tunes Per Day) ❑ As Needed ❑ Chemical Stabilizer ❑ Revegetation Revegetation Must Occur Within One Year Of Site Disturbance ❑ Seeding With Mulch ❑ Seeding Without Mulch ❑ Other (specify) Additional Sources of Emissions List any other sources of emissions and related controls (includes fugitive emissions) Signature of Legal y Authorized Person (not a vendor or consultant) Date lis s_- V\d boorAt t":- Stsatr' Name (please print) Title Check the appropriate box if you want: ❑ Copy of Preliminary Analysis conducted by the Division ❑ To review a draft of the permit prior to issuance (Checking any of these boxes may result in an increased fee and/or processing time) This notice is valid for five (5) years unless a significant change is made, such as an increased production, new equipment, change in fuel type, etc. A revised APEN shall be filed no less than 30 days prior to the expiration date of this APEN form. Send this form along with $152.90 to: Telephone: (303) 692-3150 Colorado Department of Public Health and Environment Mr Pollution Control Division APCD-SS-B1 4300 Cherry Creek Drive South Denver, CO 80246-1530 Revised September 2004 http://www.cdphe.state.co.us/ap/stationary.html AMERICAN CIVIL CONSTRUCTORS, INC. 4901 S. WINDERMERE ST. LITTLETON, CO 80120 CHASE 0 A-Ak 1PMorgan Chase Bank. N.A. Denver, Coloredo 80202 www.Cnase.cons v Fr"I Skr\ Th't-1 119 Q. 23=10136 }7ATL -' - o V 1020 $ )S 2.°Io ' 2030(000 L L90 1: LO 200 10171: -qa.`Osi ada as •?e u - '`k 1 s 1 ° `4#:rmit vow " _ 1 Nota: au APPO DATE 2/16/00 SCALE 1' - 2000' GtogLr3MtkiAridAssnc[ to 'W%W4cfz'n ilvn1;151I &f:41 '4R/,G0 (ICA Gib tMid -F` se•ku American Civil Constructors Inc. Map A-1 General Location Map Erwin Pit Ryan Ellis From: Kathleen Rosow[kmrosow@smtpgate.dphe.state.co.us] Sent: Wednesday, February 18, 2009 4:19 PM To: ryan@lewicki.biz Subject: Stormwater Permit requirements - No potential to discharge -Sand/Gravel/borrow pit Ryan, This is in response to your telephone inquiry on 2/17/2009, regarding the need for a stormwater permit for a sand and gravel mining operation. The stormwater regulations apply to mines if runoff contacts overburden, raw material, intermediate or finished product, or waste products, and has a reasonable potentialof reaching state waters. If all runoff from the mine site and any of the disturbed areas is contained on site, with no discharge off-site expected, a stormwater permit is not required. The Clean Water Act does not establish a threshold (e.g., a 100 -year storm event); the potential for any discharge is determined by the site owner/operator. If the owner/operator determines that no permit is needed and so does not apply for one, keep in mind that any change in this situation would require application for a stormwater permit at least 30 days prior to any discharge taking place. Discharging stormwater from the facility once industrial activity has started, without the required stormwater discharge permit coverage, is a violation of the Clean Water Act and is subject to enforcement action by the Division. The Clean Water Act authorizes both civil and criminal penalties for willful non-compliance. Please call with questions, Kathleen Rosow WQCD Industrial Permits Unit Stormwater Program 303/692-3521 E-mail: kathleen.rosow@state.co.us American Civil Constructors, Inc Erwin Property Major Impact Permit Addendum A March 2009 PREPARED BY: Greg Lewicki And Associates 1.1541 Warrington Court Parker, C0 USA 8008 Phone(3113)346-5196 Fax: (303)-346-6934 E- NI ail: i n fn(iFl ee icki.biz 4-502 D Land Suitability Analysis 1. Public Access to Site This site has not had historical public access to or through the site since it is private land used for agricultural purposes. 2. Access to Adjoining Roadways The site access from CR 204 and is directly west of the mining area. American Civil Constructors, Inc. has obtained a Driveway Permit from Garfield County: Permit Number GRB09-D-4 — Attached. The site distance to the west is approximately 50' and to the east is over 1000'. 3. Easements Garfield County operates under County Road 204 easement of 30 feet off center line of the roadway. 4. Topography and Slope The topography and slope of the existing site are shown on Map Attached 5. Natural Features Not Applicable 6. Drainage Features Refer to the attached reclamation map. Drainage of the property is located north west of the mining operation. 7. Water This site is used as rangeland and was not irrigated. After reclamation, this site will be used as rangeland and will not be irrigated. 8. Floodplain It is not expected that a 100 year event will cause flood water to enter the excavation site. 9. Soils Soil information can be found in Exhibit B of the DRMS Permit application. 10. Hazards There are no known geologic hazards near the Erwin Property. 11. Natural Habitat Vegetation and wildlife concerns are addresses in Exhibit B of the DRMS Permit application. There are no wetlands within the disturbed area of the Erwin Property. This site will not block any known migratory routes. 12. Resource Areas Shina DuVall from the Office of Archaeology and Historic Preservation commented on this operation. Her Comment is included in Appendix A. 4-502 E Impact Analysis 1. Adjacent Property Parcel: 2413-042-00-003 Erwin Knirlberger P.O. Box 42 DeBeque, CO 81630 Parcel: 2413-041-00-002, 2413-102-00-015, 2167-212-00-008 Chevron USA Inc. C/O Chevron Texaco Property Tax P.O. Box 285 Houston, TX 77001 Parcel: 2413-092-00-952, 2167-321-00-960, 2167-334-00-961 Bureau of Land Management 50629 Highway 6&24 Glenwood Springs, CO 81601 Parcel: 2167-333-00-018 Gary L and Tammie Lee Crossen 10566 CR 204 DeBeque, CO 81630 2. Adjacent Land Use The adjacent and neighboring land uses are rangeland and rural residential. 3. Site Features The site features are described in Exhibit B — Site Description of the DRMS Permit Application. 4. Soil Characteristics Soil characteristics are shown in Exhibit B of the DRMS Permit Application. 5. Geology and Hazard A geologic hazard is not expected to occur within the land parcel. 6. Effect on Existing Water Supply and Adequacy of Supply. Water for this operation will be trucked to the site from an offsite source. It is estimated that the operation will consume 4,000 gallons per day in dust suppression. The water source is Kimball Creek and Clear Creek, and ACC is approved to use these water sources for the reconstruction project. The location of these sources is 3 miles and 10 miles north of the intersection of Dry Fork Road and CR 204 respectively. 7. Effect on Groundwater and Aquifer Recharge Areas There is not going to be any waste disposal on site. This site is not expected to have any impact on the groundwater or aquifer recharge areas. 8. Environmental Effects a. The seed mix to be used during reclamation is shown below. This seed mix is similar to the existing vegetation and will provide cover and forage for the local wildlife. Dry Rangeland Mix lbs. of PLS/Acre Alkali Sacaton 3.0 Inland Saltgrass 3.0 Indian Ricegrass 2.0 Needle and Thread Grass 1.0 Western Wheargrass 3.5 Rubber Rabbit Brush 0.3 Fourwing Saltbush 0.25 Total 13.05 lbs/acre b. Shina DuVall from the Office of Archaeology and Historic Preservation commented on this operation. Her Comment is included in Appendix A. c. The operations at the Erwin Knirlberger Property are not expected to have any significant impacts on any designated environmental resource. This will be accomplished by reclaiming the site with 3H:11/ slopes at a maximum, revegetating with similar plants to the existing site, and a short operating period of less than 1 year. d. Radiation hazards are not expected for the Erwin property since the material being excavated is fill dirt. e. A Spill Prevention Control and Countermeasure plan is not needed for the site, since there will not be any storage of chemicals or hazardous materials on site. 9. Rezoning Justification Report This site is not being rezoned. 10. Nuisance The operations at the Erwin Property are not expected to have any significant impacts on adjacent land from vapor, dust, smoke, noise, glare or vibration, or other emissions. 11. Reclamation Plan The reclamation plan is shown in Exhibit D of the DRMS permit Application. Appendix A 14AR 0 ; STATE OF COLORADO Bill Ritter, Jr., Governor James B. Marlin, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Denver, Colorado 80246-1530 Phone (303) 692-2000 TDD Line (303) 691-7700 Located in Glendale, Colorado http://www.cdphe.state.co.us February 25, 2009 Mr. Nick Polce American Civil Constructors 4901 S Windermere St Littleton, CO 80120 Re: Permit 09GA0146F Dear Applicant: Laboratory Services Division 8100 Lowry Blvd. Denver, Colorado 80230-6928 (303) 692-3090 Colorado Department of Public Health and Environment The Colorado Air Pollution Control Division received and logged in your construction permit application for mining ..perations at the Erwin Pit in Garfield County. Your application was assigned permit number 09GA0146F. Your application is now ready for initial review. If you should have any questions concerning the status of your permit application, please call me at 303-692-3240. When calling, it would be helpful to reference the permit number listed above. You can also research the status of your application online at http:l/www.cdphe.state.co.us/ap/ss/sspcpt.html. The next step in processing your construction permit application is to determine if all the information we need is contained in your application. If so, we will begin our preliminary engineering analysis. If information is missing, we will contact you in the near future to obtain the needed material. State law requires that the Division determine the completeness of an application within 60 days of receipt. If you do not hear from the Division by 04/20/09, you can assume that your application is complete. Sincerely, Je fifer T.r Constru tion Permit Unit American Civil Constructors, Inc Erwin Property Major Impact Permit March 2009 PREPARED BY: Greg Lewicki And Associates 11541 Warrington Court Phone (303) 346-5196 Fax: (303)-346-6934 Parker, CO USA 80138 E-Mail:info@lewicki.biz DIVISION 1 - GENERAL APPROVAL STANDARDS FOR LAND USE CHANGE PERMITS Section 7-101 Compliance with Zone District Use Restrictions The Erwin property is zoned rural. The land use change of extraction is permitted subject to Major Impact Review. See Table 7-101 Zoning Table for details. Erwin Property, March 2009 1 USE ZONE DISTRICT RURAL RESIDENTIAL - SUBURBAN RESIDENTIAL - URBAN Residential - Manufactured Home Park COMMERCIAL - BUSINESS COMMERCIAL - LIMITED COMMERCIAL -GENERAL INDUSTRIAL PUBLIC LANDS Extraction M ML Fabrication — Equipment, Small Appliances M L L L • Fabrication—Vehicles, Machinery, and Heavy Equipment M M • Fabrication -Assembly of Structures M M • Fabrication—Cabinet Making, Woodworking, Metalworking, Gazing, Machining , welding L L • • • • Fabrication of goods processed from natural resources M M • Feedot, Commercial M M • Fire Station A A A A A A A A • Forestry L • Foster Home • • • • • • • • • Family Child Care Home L L L L L L L L • Fraternal Lodge L • • • • General Service Establishment— Plumbing Contractor, Electrical Contractor, Building Contractor, Blacksmith, Service and Repair of Appliances, Equipment and Machinery L • • • • Gdf Course/Driving Range L L L L L L L L • Group Home Facilities L L L L M • L • Home Office/Business A A A A • • • • Heliport MMML LLL • Hospital M M M M L L L L • Indoor Recreation M M M M • • • . • Kennel L M L L L • Laundromat L L L L • • • • Table 7-101 Zoning Table Erwin Properly, March 2009 2 Section 7-102 Compliance with Comprehensive Plan and Intergovernmental Agreements The extraction of fill material from the Erwin property is consistent with the Garfield County Comprehensive Plan, since it is solely used for the reconstruction of CR 204. The contract between Garfield County and American Civil Constructors is located in Appendix A. No other municipalities apply in the area of the Erwin Pit. Section 7-103 Compatibility The surrounding land is owned by BLM, Chevron USA Inc. and Gary L and Tammie Lee Crossen. The use of this land is rangeland, rural residential and irrigated pasture. The Erwin Pit will have a disturbed area of 7.64 acres. Erwin Knirlberger owns 6.84 acres of the permit area. The remaining 0.80 acres is owned by BLM. The operation of the Erwin Pit is not expected to result in any additional adverse impact to the adjacent land. Section 7-104 Sufficient Legal and Physical Source of Water The only water to be used on site is for dust suppression and will be trucked to the site from a permitted off site source. Section 7-105 Adequate Water Supply The Erwin Pit does not need or have plans for any water supplied to the site from the local utility. Section 7-106 Adequate Water Distribution and Wastewater Systems The Erwin Pit does not need or have plans for water distribution or wasterwater systems. Erwin Property, March 2009 3 Section 7-107 Adequate Public Utilities The Erwin Pit does not require any service from the local public utilities. Section 7-108 Access and Roadways Access for the Erwin Pit is directly from CR 204. This site has a driveway access permit which is included in Appendix A. American Civil Constructors is responsible for the repair and maintenance of the roads used during the reconstruction project. The contract between Garfield County and American Civil Constructors in Appendix A and the Division of Reclamation, Mining and Safety Permit application show this commitment. Section 7-109 No Significant Risk of Natural Hazards No significant natural hazards exist near the Erwin Pit. Erwin Property, March 2009 4 DIVISION 2 — GENERAL RESOURCE PROTECTION STANFDARDS FOR LAND USE CHANGE PERMITS Section 7-201 Protection of Agricultural Lands No agricultural lands are expected to be affected by the operation. The hillside which is being excavated is very steep and not easily usable for agricultural purposes. These lands will be reclaimed to the same land use after mining, although there will be a flat bench at the bottom of the hill which is usable. See Map E-3 for details of the reclamation plan. Section 7-202 Protection of Wildlife Habitat Areas The only wildlife habitat areas to be affected by the operation are owned by Erwin Knirlberger and BLM. These lands will be reclaimed to the same land use after mining. See Map E-3 for details of the reclamation plan. The surrounding area provides cover and forage for wildlife, in particularly, the irrigated pasture to the south of the site. The site itself provides cover but minimal forage for wildlife because the sparse grasses due to the minimal precipitation. Impacts to wildlife will be mitigated through a weed management plan and reseeding the rangeland with a diverse seed mix. The reclamation plan will install 6' wide benches at intervals on the reclaimed slope. These 6' wide catch benches will concentrate the stormwater and will provide better habitat for grasses. The Erwin Pit will be active during the winter months but only for the 2009 season. Long term impacts to winter habitat are not expected at the Erwin Pit. The site is limited to 7.64 acres and will be reclaimed in 2009 and 2010. Section 7-203 Protection of Wetlands and Water bodies There are no wetlands or water bodies within the affected area of the Erwin Pit. The excavation has already occurred at the Erwin property. Sediment will not be allowed to leave the site and affect any water bodies. There will be no adverse impacts to any water bodies due to the operation s of the Erwin Pit. Erwin Property, March 2009 5 Section 7-204 Protection of Water Quality from Pollutants. The only source of pollutants introduced to the Erwin Pit will be fuel and lubricants for the equipment used for excavation and hauling. These pollutants will not be stored on site. They will be brought to the site by a mobile maintenance truck as needed. If there is a spill it will be contained within the pit by the silt fences until it can be cleaned up. See Map E -2B for the location and details of the silt fences. All spills will be cleaned up, the material taken off site and disposed at a permitted site for such material. All spills will be reported to the Division of Reclamation, Mining and Safety as well as Garfield County. Section 7-205 Erosion and Sedimentation The Erwin Pit will be able to contain a 100 year 24 hour storm event. This is accomplished through the use of silt fences. All stormwater encountered within the disturbed area will be collected with the silt fences and allowed to infiltrate or evaporate. Vehicle tracking will be mitigated through tracking pads at the access points to the pit. Sediment will not be allowed to leave the site and cloud any receiving waters. Section 7-206 Drainage The site is currently rangeland. Topography of the site slopes steeply down toward the southwest at a 2H:1 V slope. Hobo Ditch is located directly south of the excavation areas. The Hobo Ditch currently prevents stormwater from directly entering Roan Creek. The topography of the current site is shown on Map E -2A. Stormwater from up gradient of the Erwin Pit is diverted away from the site due to the natural topography of the site consists of ridges. The current site has silt fences installed in Mining Area 1 to prevent water from disturbed areas from leaving the site. These silt fences can be seen on Map E -2A. Additional silt fences will be installed around portions of the disturbed area to prevent sediment from leaving the site. Theses silt fences are shown on Map E -2B. All silt fences Erwin Property, March 2009 6 will be removed once vegetation has satisfactorily controlled erosion. In addition to the silt fences, a small stormwater sump will be placed in Mining Area 1 to control stormwater. See Map E -2B for the location of the stormwater sump. Two diversion ditches will be installed within Mining Area 1 to prevent the existing drainages from mixing with the stormwater captured within the permit area. Section 7-207 Stormwater Run -Off The Erwin Pit will be able to contain a 100 year 24 hour storm event. This is accomplished through the use of silt fences. All stormwater encountered within the disturbed area will be collected with the silt fences and allowed to infiltrate or evaporate. There will be no stormwater run off from the disturbed area. Section 7-208 Air Quality An Air Pollution Emission Notice was submitted to the Colorado Department of Public Health and Environment — Air Quality Control Division. CDPHE will decide if this site needs an air pollution permit. Whether or not a permit is needed, dust will be controlled with the use of a water truck keeping the roads and extraction area damp. Section 7-209 Areas Subject to Wildfire Hazard This site is not subject to wildfire hazards. Section 7-210 Areas Subject to Natural Hazards and Geologic Hazards There are no know natural hazards or geologic hazards that could impact the operation. Section 7-211 Areas with Archeological, Paleontological or Historical Importance This site does not have any known archeological, paleontological or historical importance. Erwin Property, March 2009 7 Section 7-212 Reclamation 1. General Reclamation Plan The total permit area is 7.64 acres. The access points will remain after reclamation to allow the land owner access to the flat ground produced. The combined area of the access points is 0.11 acres. The amount of land that will be reclaimed to rangeland is 7.21 acres. The undisturbed area within the permit is 0.32 acres. Reclamation will be conducted in Mining Area 1 as Mining Area 2 is mined. Reclamation of Mining Area 2 will take place at the end of mining. See Map E-3 for details. This will also help reduce the exposed land, reducing the impact on wildlife. The 0.80 acres of disturbance has already been topsoiled but still needs to be seeded and mulched. 2. Topsoil Replacement The topsoil thickness is expected to range from 4-8 inches and have an approximate average thickness of 6 inches. Soil will be replaced in Mining Area 1 first, which will occur approximately 1-2 months into the operation. This will not happen immediately because the operation needs to excavate fill material as soon as possible. Once a free moment in the production schedule is a valuable, reclamation of Mining Area 1 will take place. All reclaimed areas will be topsoiled from topsoil stockpiles. Mining Area 1 and 2 will receive 4-8 inches and an average of 6 inches on all reclaimed areas. 3. Haul Roads and Access The access points will be left in place after mining to allow access to the reclaimed site. See Map E-3 for details. Erwin Property, March 2009 8 4. Reclamation Timetable The timetable for reclamation is shown below in Table D-1 Reclamation Timetable Reclamation of Mining Area 1 and Mining in Mining Area 2 may take place at the same time. Table D-1 Reclamation Timetable Month Comments Length of time to complete (months) 2/2009 Site preparation, topsoil stripping, stockpile topsoil and seed the stockpile. Install silt fence. al 2/2009 - 3/2009 Mine in Mining Area 2. 0.9 3/2009 - 8/2009 Reclaim Mining Area 1 by finish grading and placing topsoil on the graded areas. Seed and mulch topsoiled areas. 5 3/2009 - 11/2009 Finish mining in Mining Area 2 and install catch benches. 8 12/2009 Place topsoil from topsoil stockpiles on disturbed area remaining to be topsoiled. Seed topsoiled areas. I Total 10 * Some tasks occur concurrently. Erwin Property, March 2009 9 5. Revegetation Plan All areas will be harrowed and drill seeded in the spring and fall with a seed mix consisting of the following in order to control erosion: Rangeland Mix lbs. of PLS/Acre Indian Ricegrass 1.0 Western Wheatgrass 3.0 Six Weeks Fescue 1.0 Quickguard 6.0 Fourwing Saltbush 1.6 Prairie Flax 0.3 Western Yarrow 0.1 Total 13.0 lbs/acre These grasses in the rangeland mix have been shown to do well in the dry lowland environment of western Colorado. Certified weed free hay or straw mulch will also be crimped in place at the rate of 2000 lbs/acre. The entire permit area will be reclaimed to rangeland except for the farm road. 6. Post -Reclamation Site Drainage The site will contain a 100 year 24 hour event. The silt fences will hold back the water producing a shallow pool. This pool will quickly dissipate into the pit floor or evaporate. Stormwater will sheet flow down the side slopes (3H:1 V) and collect on the 6 ` wide benches. Once vegetation is established, the silt fences will be removed and the site will drain to the Hobo Ditch. Minimal up gradient water will enter the permit area. The diversion ditches installed in Mining Area 1 will remain in place after reclamation. Erwin Property, March 2009 10 7. Weed Control Weeds are minimal in the pre -mine site. Measures will be employed for control of any noxious weed species. Control measures will also be used if the growth of weed species on the reclaimed area threatens further spread of the weeds to nearby areas. A Weed Control Plan will be utilized as follows: 1) Each April, a weed survey will be made of the permit area. 2) If any patches or plants have been identified, they will be sprayed by backpack sprayer or 4 -wheeler using chemicals approved for use by the weed control staff of Garfield County. 3) After reclamation, weed surveys and spraying will continue until the perennial cover and production of the site have met DRMS requirements and bond release has been obtained. The Division and Garfield County weed control staff will be consulted regarding any weed infestation area and any control measures prior to their initiation. The plan does not contemplate total weed removal on the property. Past experience has shown that some initial weed cover in the first year following the retopsoiling is beneficial to the reclamation effort in rangeland site. Weeds tend to provide shade for new grasses, are a means of holding snow on the seedbed longer and protect it from wind and water erosion until the planted species have taken hold. During the removal of topsoil, if an area of heavy seed infestation is encountered, it will be buried in the slopes rather than used as a growth medium. During all phases of the mining operation the permit area will be monitored closely every year, through which the operator is active to determine if there are any additional weeds invading the area. If infestations of similar weeds as are present now is experienced, the current weed control plan will continue to be used. If any new species of weeds are found, Garfield County Weed Control Authority and the Division will be consulted in order to formulate the best plan for the new infestation. Erwin Property, March 2009 11 1. Revegetation Success Criteria Revegetation will be deemed adequate when erosion is controlled, and the vegetation is considered satisfactory according to Division standards. 9. Monitoring Reclamation Success Monitoring the reclamation on an ongoing basis will ensure its success. The operator plans to use the local NRCS office to determine the capacity of the reclaimed land to control erosion. If minor changes or modifications are needed to the seeding and reclamation plan, revision plans will be submitted to the Division. It is hoped that the Division will provide assistance in evaluating the success of the ongoing reclamation process. Information on all areas disturbed and reclaimed as well as any other important items regarding the reclamation will be submitted in the annual reports to the Division. 10. Reclamation Bond The bond for the site will be based upon $2,500 per acres. The site is 7.64 acres which will be rounded to 8 acres, therefore the bond will be 8 acres x $2,500 per acre = $20,000. 11. BLM Reclamation Procedures The BLM has provided ACC with reclamation procedures for the 0.80 acres of disturbance. These procedures and right of entry are located in Appendix A and will be followed on the 0.80 acre BLM disturbance as well as the private land. Erwin Property, March 2009 12 Section 7-812 Additional Standards Applicable to Mining and Extractive Uses A. Roads 1. Impact mitigation to the road system that will handle the excavated material is covered under the reconstruction contract between American Civil Constructors and Garfield County. This contract is located in Appendix A. 2. Vehicle weight will comply with the restrictions placed on the roads which will be used for this operation. 3. Seasonal traffic limitations are not expected to be needed since the roads to be used are well constructed roads and will be maintained through out the project by American Civil Constructors on an as needed basis. B. Routing 1. There are no dense residential communities or commercial areas near the extraction site or haul route to the reconstruction project. The road reconstruction project extends to the entrance site. Hauling this material will not significantly impact the community. 2. The timing of the hauling will be during normal operating hours of the reconstruction project and is not expected to have a significant impact on the local community since the area is very remote. 3. All loads of excavated material leaving the site will be covered to prevent fugitive dust created but the haul trucks. The road is paved and any small amounts of tracked mud will be swept on a regular basis. Erwin Property, March 2009 13 C. Wildlife The surrounding area provides cover and forage for wildlife, in particularly, the irrigated pasture to the south of the site. The site itself provides cover but minimal forage for wildlife because the sparse grasses due to the minimal precipitation. Impacts to wildlife will be mitigated through a weed management plan and reseeding the rangeland with a diverse seed mix. The reclamation plan will install 6' wide benches at intervals on the reclaimed slope. These 6' wide catch benches will concentrate the stormwater and will provide better habitat for grasses. The Erwin Pit will be active during the winter months but only for the 2009 season. Long term impacts to winter habitat are not expected at the Erwin Pit. The site is limited to 7.64 acres and will be reclaimed in 2009 and 2010. D. Emergency Preparedness A list of the local emergency response contact information will be kept with the project supervisor as well as in the American Civil Constructors field office which is located approximately 10 miles south of the Erwin property. Erwin Property, March 2009 14 Appendix A - Additional Information SOLICITATION, OFFER MD AWARD (Construction, Alteration, or Repair) 1. SOLICITATION NO. 2. TYPE OF SOLICITATION (X ) SEALED BID (IFB) ( )NEGOTIATED (RFP) 3. DATE ISSUED October 20, 2008 PAGE OF PAGES 1 of 6 IMPORTANT •The "offer" section on the reverse must be fully complet d by the offeror. 4. CONTRACT Na GC -RB -08-C-0002 5. REQUISITION/PURCHASE REQUEST NO. N/A 6. PROJECT NO. 7. ISSUED BY CODE Garfield Country/Purchasing Dep 108 8a St, STE 200 Glenwood Springs, CO 81601 8. ADDRESS OFFER TO See Item 7 9. FOR INFORMATION CALL: A. NAME Matthew Anderson B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS 970-384-5012 SOLICITATION NOTE: In sealed bid solicitations "offer" and offeror" mean "bid" and "bidder" 10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, Identifying no., dale) This is a FIRM FIXED PRICE CONTRACT for the Re -Construction of County Road 204 Located in Garfield County, Co in accordance with all specifications, drawings, terms and conditions, your bid dated 26 September 2008, and all other contract documents. The contract completion date will be on 1 May 2010, unless extended. The date for substantial completion is November 25th, 2009, unless extenned. The Finn Fixed Priced value of this contract is $21,428,999.00. 11. The Contractor shall begin performance proceed. This performance period is within 7 Calendar Days & complete by 31 Dec 2009 after receiving award _j- notice to mandatory, X negotiable. _ I2A. TIIE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE. AND PAYMENT BONDS? (If yes, indicate within how many days after award in Rem 120.) (X) VES ONO 128. CALENDAR DAYS 7 Calendar Days 13. ADDITIONAL SOLICITATION REQUIREMENTS: GC FORM 1442 OFFER (Must be fully completed by offeror) 14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) American Civil Constructors, Inc. 4901 South Windermere St Littleton, CO 80120 15. TELEPHONE NO. )Include area code) (303) 795.2582 16. REMITTANCE ADDRESS (include only if different than item 14) See Item 14 17. The offer agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the County in writing within calendar days after the date offers are due. (In ert any number equal to or greater than the minimum requirements stated in Item 13D. Failure to insert any number means offeror accepts the minimum in Item 13D.) AMOUNT: Not Applicable 18. The offeror agrees to furnish any required performance and payment bonds. 19. ACKNOWLEDGMENT OF AMENDMENTS ( The offeror acknowledges receipt of amendments to the solicitation - gi a number and date of each) AMENDMENT NO. DATE 20A. NAME AND TITLE OF PERSON AUTIIORIZED TO SIGN YOUR OFFER(Type or print) 2011. SIGNATURE 20C. OFFER DATE AWARD (To be completed by government) 21. ant ACCEPTED: 22. AMOUNT $21,428,999.00 23. ACCOUNTING AND APPROPRIATION DATA Addressed in the Joint Participation A. reemcnt 24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 2¢ (1 ORIGINAL UNLESS OTHERWISE SPECIFIED) 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO N/A 26. ADMINISTERED BY CODE: Garfield Country/Engineering 0375 CR 352, Bldg 2060 Rifle, CO 81650 27. PAYMENT WILL BE MADE BY CODE: Garfield Country/Finance 108 8° St, STE 201 Glenwood Springs, CO 81601 CONTRACT ADMINISTRATOR WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE ( ) 28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return to issuing office). Contractor agrees fo furnish & deliver all work, requisitions identified on this form & any continuation sheets for the consideration slated in this contract. The rights & obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitations, & (c) the clauses, representations, certifications, & specifications or incorporated by references in or attached to this contract. (x) 29. AWARD (Contractor is not required to sign this document). Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the County solicitation and your offer and (b) this contract award. No further contractual document is necessary. 30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) PAW 1.— I14Hk•r2 vice:StnruS-- 31A. NAME OF CONTRACT ADMINISTRATOR Matthew L. Anderson 31B. SIGNA URE (Type or Print) 31c. AWARD DATE 3p11. NATURE SIC O 30C. DATE Jtr''30 - CE' % %. 7 V GC FORM 1442 BA K ORDER FOR SUPPLIES OR SERVICES PAGE OF PAGES Re -Construction of County Road 204 — GC -RB -08-C-0002 3 6 Supplies or Services and Prices ITEM NO SUPPLIES/SERVICE QUANTITY UNIT UNIT PRICE 0001 Svs 1 Lump Sum FFP Re -Construction of County Road 204 Located in Garfield County, Co in accordance with all specifications, drawings, tenns and conditions, your bid dated 26 September 2008, and all other attached contract documents. LIQUIDATED DAMAGES Liquidated damages for this project are as follows: Construction Liquidated Damages $21,428,999.00 NET AMT $21,428,999.00 AMOUNT Schedule Approximate Starting Date Duration Liquidated Damages (Per Working Day) 1 Oct 30, 2008 18 Months $6,000 Contract Documents and Attachments Exhibit A Specifications Exhibit B Drawings Exhibit C Bid Schedule #1 Exhibit D Drainage Easement Agreement Exhibit E Staging Area Surface Lease Agreement Exhibit F AIA A201-1997 — General Conditions of the Contract for Construction Exhibit G Amendment to AIA A201-1997 Exhibit H Illegal Alien Affidavit • ORDER FOR SUPPLIES OR SERVICES PAGE OF PAGES Re -Construction of County Road 204 — GC -RB -08-C-0002 4 6 GARFIELD COUNTY Standard Form of Agreement Between Owner and Contractor THIS AGREEMENT made as of the 27r" day of October in the year Two Thousand and Eight BETWEEN the Board of County Commissioners of Garfield County (hereinafter Owner): Board of County Commissioners Garfield County, State of Colorado 108 8'" Street, Suite 219 Glenwood Springs, CO 81601 AND American Civil Constructors, Inc. (hereinafter Contractor): American Civil Constructors, Inc. 4901 South Windermere St Littleton, CO 80120 For the following Project: Re -Construction of County Road 204 ARTICLE 1 THE CONTRACT DOCUMENTS The contract Documents are set forth in the General Conditions. ARTICLE 2 THE WORK The Contractor shall perform all the work required by the Contract Documents for general construction. ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be performed commencing on the date set forth in the contract documents, and concluding within the time limits set forth in the Contract Documents. Time is of the essence in this Agreement. ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by any written modifications as provided in the Contract Documents, the Contract Sum of $21,428,999.00. ARTICLE 5 PROGRESS PAYMENTS Progress payments shall be rendered as set forth in the General and Special Conditions to this Agreement. ORDER FOR SUPPLIES OR SERVICES PAGE OF PAGES Re -Construction of County Road 204 — GC -RB -08-C-0002 5 6 ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the work has been completed, and State and Federal statutory claims have been paid or resolved, all the contract terms have been fully performed, and a final Certificate of Payment has been issued by the Owner. ARTICLE 7 COMPENSATION/APPROPRIATION The amount to be expended pursuant to this Agreement shall not exceed $21,428,999.00. The BOCC has lawfully appropriated an amount that is equal to or in excess of the compensation set forth herein, which amount shall constitute the contract amount. Such amount may be altered by mutual written consent of parties. This appropriation is limited solely to the work to be accomplished during fiscal year ending December 31, 2010. The BOCC is not obligated to make any future apportionment or allocation to this Agreement. Any work performed in excess of amounts appropriated shall be solely the risk of the Contractor. Not withstanding any other terms of this Agreement, it is expressly understood and agreed that: (1) Any BOCC financial obligation, whether direct or contingent, for all or any part of the work under this Agreement, shall extend only to monies duly and lawfully appropriated and budgeted by the BOCC and irrevocably pledged pursuant to the purposes of this Agreement; (2) The BOCC does not by this Agreement irrevocably pledge present cash reserves for payments in this or future fiscal years; (3) This Agreement is not intended to create a multiple/fiscal year direct or indirect financial obligation of the BOCC; (4) The obligation of the BOCC for expenditures, if any, arising during subsequent fiscal years in which this Agreement could be extended and be in effect, shall only extend to utilization of monies appropriated and budgeted and encumbered for the purpose of this Agreement in the fiscal year in which obligations arise; and (5) No change order may be issued requiring compensation for work which causes the aggregate payable amount under this Agreement to exceed the amounts appropriated, budgeted and encumbered for the payment of this Agreement in the fiscal year in which such obligations arise, unless the Contractor receives written assurance by the BOCC that lawful appropriations to cover the cost of the additional work have been made. Any work completed for this Agreement shall be secured from harm until future monies are appropriated so that additional work may commence. In the event any future appropriation is made by the BOCC for the purposes of this Agreement, the BOCC will inform the Contractor in writing of any amounts appropriated for work proposed herein and will tender a renewed or amended Agreement covering the work to be compensated by such appropriation. ARTICLE 8 COMPENSATION/APPROPRIATION 8.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meaning designated in those conditions 8.2 This Agreement, together with all documents forming the entire Contract form the full and complete understanding of the parties. No agreement, statement or representation set forth outside of the written contents of those documents shall be considered a part of this Contract. ORDER FOR SUPPLIES OR SERVICES PAGE OF PAGES Re -Construction of County Road 204 — GC -RB -08-C-0002 6 6 ATTEST: Clerk to the Board ATTEST: STATE OFCATCLAb) COUNTY OFWw-. ) ss. Owner: BOARD OF C • NTY OMMISSIONERS OF GARFIEL, COLORADO Contra �MrDicflt4 LIu:L By:caLMO U P Ra&eLy t_ VV10 S2P (Print Name) Lc'.YS'f2✓:Typ c The foregoing instrument was acknowledged before me thisa0L day of bak / 200X byK u Ir\LhasVtt Sid -14;1- (insert title) of Af- rIC A IAVI1 (cAl'udes IAL. (insert corporation, partnership, etc.) MY COMMISSION EXPIRES: (o I Ct >Da Address of Notary Ryan Ellis From: Bruce Hammers [bhammers@accbuilt.com] Sent: Tuesday, February 17, 2009 2:11 PM To: Ryan Ellis Subject: FW: Reclamation IMG_0979.jpg (967 road.jpg (56 KB) KB) Bruce Hammers Estimating/Project Manager American Civil Constructors 303-730-4526 Original Message From: Nick Polce Sent: Tuesday, February 17, 2009 2:01 PM To: Bruce Hammers Subject: FW: Reclamation Bruce Below are BLM's requirements regarding the Erwin Pit. Should we get with Anema to get with his supplier and send up one of our seed trucks? From: Christina_Stark@blm.gov [Christina Stark@blm.gov] Sent: Tuesday, February 17, 2009 9:13 AM� To: Nick Polce Subject: Reclamation Nick, I am sorry that I was not able to get back to you last week with the seed mix and the photos for the surface roughening. Go ahead and use the seed mix that is in the grants for the CR 204 Right -of -Way and add Quickguard at 3.0 pounds per acre pure live seed. The seed mix should be as follows: Species Pounds/Acre PLS Indian Ricegrass (Rimrock) 0.5 Western Wheatgrass 1.5 Six Weeks Fescue 0.5 Quickguard 3.0 4 -wing Saltbush (Rincon) 0.8 Prairie Flax 0.15 Western Yarrow 0.05 Total 6.5* *This application rate needs to be doubled for broadcast seeding. The following is some of our standard language for surface reclamation using broadcast seeding: As part of the required reclamation, all disturbed areas shall be seeded with a seed mixture suitable to specific site conditions. This mixture shall be approved prior to reclamation by the authorized officer. All seed mixtures must be certified to be weed -free. Application rates are for pure, live seed (PLS). Certification and seed tags must be 1 submitted to the Field Manager within 30 days of seeding. Prepare seedbed by ripping the soil surface to a depth of 2 feet and then spreading the topsoil back on the surface. Scatter removed vegetation and shredded wood back on the surface and broadcast seed with an approved seed mix. Seeding must take place within 24 hours of surface roughening and top soil redistribution to ensure good soil seed contact. Broadcast application shall be used at twice the recommended application rate. Surface rock that was removed during surface scrubbing and clearing shall be scattered back across the ROW to mimic natural conditions. Disturbed portions of the right-of-way surface shall be left rough to help facilitated seed germination and seedling survival. Seeding should be completed after September 15 and prior to December 15 or in the early spring once soils have thawed. I am attaching a few photos that demonstrate fairly good surface roughening. I would like for the surface to be really rough with some of the vegetative debris scatterd on the surface. (See attached file: IMG_0979.jpg) (See attached file: road.jpg) Please call me once you have completed the reclamation or if you have any questions. I would also like to see the plan for the drainage restoration once it is completed. Thanks, Christina Stark Natural Resource Specialist BLM - Grand Junction Field Office, Colorado Phone: (970) 244-3022 Fax: (970) 244-3083 2 Garfield County Application for Driveway Permit Person Obtaining Permit: American Civil Constructors Application Date: 1/27/2009 County Road Number: 204 District: Rifle Permit Number: GRB09-D-4 Termination Date: 1/27/2010 Inspector: Marvin Stephens hereby requests permission and authority from the Board of County Connnissioners to construct a driveway approach (es) on the right-of-way off of County Road, 204 800ft North of CR 204 / Clear Creek, located on the North side of road for the purpose of obtaining access to property. Applicant submits herewith for the consideration and approval of the Board of County Commissioners, a sketch of the proposed installation showing all the necessary specification detail including: 1. Frontage of lot along road. 2. Distance from centerline of road to property line. 3. Number of driveways requested 4. Width of proposed driveways and angle of approach. 5. Distance from driveway to road intersection, if any. 6. Size and shape of area separating driveways if more than one approach. 7. Setback distance of building(s) and other structure improvements. 8. No unloading of equipment on county road, any damage caused to county road will be repaired at subdivision expense. 9. Responsible for two years from the date of completion. General Provisions 1) The applicant represents all parties in interest, and affirms that the driveway approach (es) is to be constructed by him for the bona fide purpose of securing access to his property and not for the purpose of doing business or servicing vehicles on the road right of way. 2) The applicant shall furnish all labor and materials, perform all work, and pay all costs in connection with the construction of the driveway(s). All work shall be completed within thirty (30) days of the permit date. 3) The type of construction shall be as designated and/or approved by the Board of County Commissioners or their representative and all materials used shall be of satisfactory quality and subject to inspection and approval of the Board of County Commissioners or their representative. 4) The traveling public shall be protected during the installation with proper warning signs and signals and the Board of County Commissioners and their duly appointed agents and employee shall be held harmless against any action for personal injury or property damage sustained by any reason of the exercise of the Permit. 5) The Applicant shall assume responsibility for the removal or clearance of snow, ice, or sleet upon any portion of the driveway approach (es) even though deposited on the driveway(s) in the course of the County snow removal operations. In the event it becomes necessar. to :-emo\e any right-of-way fence, the posts on either side of the entrance shall be surely braced before the fence is cut to proem an\ slacking of the remaining fence and all posts and wire removed shall be turned o\ er to the District Road Supervisor ofthe Board of County Commissioners. 7) No revisions or additions shall he made to the drivewa\ts) or its appurtenances on the right-of-way without written permission of the Board of County Commissioners. 8) Provisions and specifications outlined herein shall appy on all roads under the jurisdiction oldie Board of County Commissioners of Garfield County. Colorado. and the Specifications, set forth on the attached hereof and incorporated herein as conditions hereof. 9) Final inspection of driveway will be required upon completion and must be approved by person issuing permit or representative of person issuing permit. The inspection and sign off must be done prior to any CO from the Building and Planning Department being issued. 10) Contractor agrees to all Provisions in Exhibit A. 1. Driveway Width- 100ft 2. Culvert required? True Size: 15 inch by 100ft 3. Asphalt or concrete pad required? False Size of pad: 4. Gravel portion required? True Length: 100ft 5. Trees, brush and/or fence need to be removed for visibility? False 6. Distance and Direction: 7. Certified Traffic Control Required? False 8. Work zone signs required? True 9. Stop sign required at entrance to County Rd In signing this application and upon receiving authorization and permission to install the driveway approach (es) described herein the Applicant signifies that he has read, understands and accepts the foregoing provisions and conditions and agrees to construct the driveway(s) in accordance with the accompanying specification plan reviewed and approved by the Board of County Commissioners. Special Conditions: Signed: A t'erichn Cj tl Constructors Address: `71O/ 55z.e• S r .4-, Pi? -r'.»-(, b So/.2c. Telephone Number: 30 3 . -elS, 2 S0.. Permit granted 1/27/2009, subject to the provisions, specifications and conditions stipulated herein. For Board of County Commissioners' of Garfield County, Colorado: • \)(.�_ :��<.t ) Representative of Garfield County Road and Bridge Signature Specifications 1. A driveway approach is understood to be that portion of the county road right -of way between the pavement edge and the property line that is designed and used for the interchange of traffic between the roadway and abutting property. 2. At any intersection, a driveway shall be restricted for a sufficient distance from the intersection to preserve the normal and safe movement of traffic. (it is recommended for rural residence entrances that a minimum intersection clearance of 50 feet be provided and for rural commercial entrances a minimum of 100 feet be provided.) 3. All entrances and exits shall be so located and constructed that vehicles approaching or using them will be able to obtain adequate sight distance in both directions along the county road in order to maneuver safely and without interfering with county road traffic. 4. The Applicant shall not be permitted to erect any sign or display material, either fixed or movable, on or extending over any portion of the county road right-of-way. 5. Generally, no more than one approach shall be allowed any parcel or property the frontage of which is less than one hundred (100) feet. Additional entrances or exits for parcels having a frontage in excess of one hundred 100) feet shall be permitted only after showing of actual convenience and necessity. 6. All driveways shall be so located that the flared portion adjacent to the traveled way will not encroach upon adjoining property. 7. No commercial driveway shall have a width greater than thirty (30) feet measured at right angles to the centerline of the driveway except as increased by permissible radii. No noncommercial driveway shall have a width greater than twenty (20) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii. 8. The axis of an approach to the road may be at a right angle to the centerline of the county road and of any angle between ninety (90) degrees and sixty (60) degrees but shall not be less than sixty (60) degrees. Adjustment will be made according to the type of traffic to be served and other physical conditions. 9. The constriction of parking or servicing areas on the county road right-of-way is specifically prohibited. Commercial establishments for customer vehicles should provide off -the -road parking facilities. 10. The grade of entrance and exit shall slope downward and away from the road surface at the same rate as the normal shoulder slope and for a distance equal to the width of the shoulder but in no case less than twenty (20) feet from the pavement edge. Approach grades are restricted to not more than ten percent (10%). 11. All driveways and approaches shall be so constructed that they shall not interfere with the drainage system of the street or county road. The Applicant will be required to provide, at his own expense, drainage structures at entrances and exits, which will become an integral part of the existing drainage system. The Board of County Commissioners or their representative, prior to installation, must approve the dimensions and types of all drainage structures. Note: This permit shall be made available at the site where and when work is being done. A work sketch or drawing of the proposed driveway(s) trust accompany application. No permit will be issued without drawing, blueprint, or sketch. BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY CERTIFICATION AND AFFIDAVIT REGARDING ILLEGAL ALIENS The Contractor, whose name and signature appears below, certifies and agrees as follows: 1. The Contractor shall comply with the provisions of C.R.S. 8-17.5-101 et seq. The Contractor shall not knowingly employ or contract with an illegal alien to perform work for the Board of County Commissioners of Garfield County, Colorado ("BOCC") or enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien. 2. The Contractor represents, warrants, and agrees that it has verified that -t does not employ any illegal aliens; that it has participated or attempted to participate in the Basic Pilot Employment Verification Program administered by he Social Security Administration and Department of Homeland Security; and ztherwise shall comply with the requirements of C.R.S. 8-17.5-102(2)(b). 3. The Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If the Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101 et seq., the BOCC may terminate work for breach and the Contractor shall be liable for actual and consequential damages to the State. 4. If the Contractor is a sole proprietor, the undersigned hereby swears or affirms under penalty of perjury under the laws of the State of Colorado that (check one): I am a United States citizen, or I am a Permanent Resident of the United States, or I am lawfully present in the United States pursuant to Federal law. I understand that this sworn statement is required by law because I am a sole proprietor entering into a contract to perform work for the BOCC. I understand that state law requires me to provide proof that I am lawfully present in the United States prior to starting work for the BOCC. I further acknowledge that I will comply with the requirements of C.R.S. 24-76.5-101 et seq. and will produce the required form of identification prior to starting work. I acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under C.R.S. 18-8-503. Al CERTIFIED and AGREED to this day of ),40‘04.&42-y , 200t. CONTRACTOR: �% A iv 2.eC, 74 e ,1.„ - L JNS%%I({G��S, L - (Contractor Full Legal Name) FEIN or Social Security Number By: Ji�c 1 #A -4/4'6i5[. Signature . Au hor.zed Rep Title Permit Number: GRB09-D-4 Exhibit A Feb -26-2000 05:06pm From - In Response Refer To: 9232 (CO -130) COC 73628 OPTIONAL FORM 99 (7-90) T-523 P.001/003 F-144 FAX TRANSMITTAL I.ol`'ag,.. *3 TONT c.k Rex.- 1Fl 1Mv.a SO4 Oep1,Ae.ncT:::.1°0. G , - 3- arid, olW`�. GENERAL SERWICEe ADMINISTRATION NSN 7510-01-9174955 0009-101 240TICE OF TRESPASS CERTIFIED MAIL NO 7007 0710 0001 0618 0318 RETURN:RECEIPT REQUESTED American Civil Constntctors Attn: Nick Polce 4901 South Windermere Littleton, Colorado 80120 Dear Mr. Polce: FEB 2 5 2009 The United States of America, through the Bureau of Land Management, instituted trespass proceeding against American Civil.Constructors (ACC) for unauthorized use of public lands pursuant to Title 43 CFR §2920.1-2 under the authority of the Federal Land Policy and • Management Act of 1976 (43 U.S.C. 1701 et seq.). Case Fie number COC 73628 was assigned to this Notice of Trespass. Surface clearing of vegetation and removal of top soil were not authorized on public land located in Section 33 Track 133 B, Township 6 South, Range 98 West, 6th Principal Meridian. The BLM Grand -function Field Office (GIFO) received a phone call on January 23, 2009 from American Civil Constructors representative inquiring about access across public lands to reach a borrow pit:that would be placed on private land. The borrow pit would provide fill material for the Garfield County 204 Road Project. The application process for an access road was discussed: On February 9, 2009 you ooi3tacted our otfce to rep rt Plat your'conipany had encroached on BLM during construction of th'e`&W$ borrow pr2 The'detfails of the fresp8ss were discussed and you agreed to bring maps and photos to our office for review, On February 11, 2009 you attended a meeting with the BLM GJFO staff to discuss the trespass and determine the exact Ideation. The location of the trespass was confirmed at this meeting and fluter details about the surface clearing activities were provided and a field visit was scheduled. Feb -26-2000 05:00pm From- T-523 P.002/002 F-144 On February 12, 2009 ACC and BLM staff attended a site visit to review the extent of the damage and to discuss required reclamation activities. ACC was directed to roughen the soil surface, scatter shredded vegetation on the surface, and seed with a modified seed mix that was directed to be used on the Garfield County Road 204 Project. ACC was also directed to provided a additional details about their plan for restoration of the outlet of the drainage on the west side of the trespass area. ACC was directed to provide a break in the slash pile of pinyon and juniper to allow for water to keep water from ponding up prior to the completion of reclamation activities. ACC agreed to provide our office with the requested information and to complete the required reclamation on public lands once the required seed mix was determined. ACC is required to perforin the reclamation activities as directed by the BLM by March 16, 2009. Failure to complete these activities and to respond to this notice in a timely manner may result in trespass penalties and a citation for your appearance before a designated United Sates magistrate who may impose a fine of not more than $1,000 or imprisonment of not more than 12 months, or both, under Title 43 CFR §9262.1 Dated this 20th day of February, 2009 arkLek gam 4,, Signature of Authorized Officer Field Manager Title Attachment Trespass Location Map cc: Travis Marshall, Colorado Division of Reclamation Mining and Safety Feb -26-2009 05:09pm From - T-523 P.003/003 F-144 'i l id 17.7 -% d W r,' .! d' }I q 71L ' �I ., j'. t r pr r• • • tire, •W • t4 rf ' . • Grand Junction Field Office — A 6th PM, T. 6 S., R. 98 W., Section 33 TR 133 B Garfield County, Colorado Long Point, CO USGS Quad. A American Civil Constructors Trespass - Erwin Pit COC 73628 0 0.1250.25 0.5 0.75 1 Miles BLM BOR USFS PRIVATE Roan Creek Road ., '''.\-=';',;;.,,.', (CR 204) Pref t \3dr,©R S _,,A2 ' 111/ Permit Ardh : 'ropood ,Mining Ares �r,111,Perrr)n Arc. i' . 4.29 a?„rg 44inlng) r 1; , 5.;‘17 3i''' " oan Crook Rosi Creak Road. .l (CR 204) Town; f DeBecwe' A _ : Chimney Roc, Roan Creek Notes: Revlelone Add BLM Disturbance BY DATE RE 2/20 DES RE DRN RE CHK APPD DATE 2/27/09 SCALE 1" = 3500' Greg Lewicki And Associates I1541WarrivurCool Rwne p.?3046-519,, aykpr. CO UMW:, E-I,'ad-:n'o,�'sarch Ir - American Civil Constructors Inc. Map A-1 General Location Map Erwin Pit STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman 5t., Room 215 Denver, Colorado 80203 Phone: (303) 666-3567 FAX: D031832-8106 April 6, 2009 Mr. Nick Ponce ,American Civil Constructors, Inc. 4901 South Windermere Littleton, CO 80120 Re: Erwin Pit, Permit No. M-2009-017, Permit Issuance - Construction Material Operation Dear Mx. Pelee: COLORADO DIVISION OF RECLAMATION MINING — &— SAFETY Bili Rider, L. Governor Harris D. Sherman Executive Dimrtnt Ronald W. Caoanv Division Director Natural Resource Lostee On April 3, 2009 the Division of Reclamation, Mining and Safety found American Civil Constructors, Inc. to have satisfied the applicable requirements of C.R.S. 34-32.5-101 et seq. for obtaining a mining and reclamation permit. Therefore, a pennit is being issued. Two signed originals of the permit have been executed. We have kept one copy 101 our files and are enclosing one copy for your use. It is your responsibility to comply with all of the terms of the permit. 1. All of the original application materials, as amended and supplemented, are an integral part of your permit. They have been incorporated into the permit by reference. We presume that you have a COpy of all of these materials; therefore, none have been enclosed with this mailing. We suggest that you keep a copy of the permit and the permit application at the mining operation as a reference for operating personnel, to help ensure compliance with the terms of the permit. 2. Changes in the mining and reclamation operations that differ from those described in the pennit may require a modification to the permit. We suggest consulting the Construction Materials Rules and Regulations and/or contacting us to determine if a revision to the permit is necessary. Rule 1.10 pertains to Amendments, Rule 1.910 Technical Revisions, and Rule 1.11 to Conversions. 3. On your permit anniversary date each year, April 3, you must submit an annual fee and an annual report to us. The annual fee for this permit is $504.00. Please consult the Act. Rules and Regulations, and your permit for specific annual report requirements applicable to your mine, lfyou have any questions, please contact the Division. Sincerely, RONALD W. CAITANY Division Director RWCYfl-IM/met Enclosure cc: Ryan Ellis, Greg Lewicki and Associates EARTHWORK CONTRACT This Earthwork Contract (this "Contract") is made on December 30th, 2008 between AMERICAN CIVIL CONSTRUCTORS, INC. ("ACC") and Mr. Erwin Knirlberger. RECITALS A. ACC is a Colorado corporation engaged in heavy construction including road building and earthmoving. 13. Erwin Knirlberger is a property owner which owns real property in Garfield County, Colorado (the "Property"), legally described on Exhibit A attached to and made part of this Contract. C. Erwin Knirlberger estimates he will need to remove at least 40,000.00 cubic yards of dirt ("the Dirt") from the Property for purposes of agricultural improvements i) Upon execution of this Agreement, ACC agrees to haul not less than 40,000.00 cubic yards of Dirt, no more than 160,000.00 cubic yards of Dirt away from the Property. ii) Will pay Erwin Knirlberger fifty cents ($0.50) per cubic yard for the Dirt, invoiced monthly as said dirt is removed based on average 13.0 cubic yards per belly/side/end dump truck and 8.0 cubic yards per tandem truck; and no topsoil will be removed from the Property. iii) This Agreement expressly excludes topsoil. iv) Will clear and grub the site leaving the topsoil and brush in stockpiles, remove/replace fence and include permitting/BMP's for same at no cost to Erwin Knirlberger. ACC — Earthwork Contract 8. Each party shall pay all legal, engineering, and professional fees and costs incurred by each associated with this Contract, including all administrative, and attorney fees and costs incurred. 9. ACC shall and hereby agrees to indemnify and hold Erwin Knirlberger harmless from and against any and all liability, penalties, losses, damages, costs and expenses, causes of action, claims or judgments arising from any injury or injuries to any person or persons or any damage or damages to any property as a result of any accident or other occurrence at the Property during the term of this Contract occasioned by any act or acts, omission or omissions of ACC, its officers, employees, agents, servants, subtenants, concessionaires, licensees, contractors, invitees or permittees. ACC further indemnifies Erwin Knirlberger from and against all legal costs and charges, including reasonable attorneys' fees, incurred in and about such matters, or in the defense of any action arising out of the same. 10. Erwin Knirlberger shall and hereby agrees to indenmify and hold ACC harmless from and against any and all liability, penalties, losses, damages, costs and expenses, causes of action, claims or judgments arising from any injury or injuries to any person or persons or any damage or damages to any property as a result of any accident or other occurrence at the Property during the term of this Contract occasioned by any act or acts, omission or omissions of Erwin Knirlberger his employees, agents, servants, subtenants, concessionaires, licensees, contractors, invitees or pennittees. Erwin Knirlberger further indemnifies ACC from and against all legal costs and charges, including reasonable attorneys' fees, incurred in and about such matters, or in the defense of any action arising out of the same. 11. Insurance. ACC shall maintain in full force and effect liability insurance. i) Each party (the "Indemnifying Party") agrees to indenmify and hold the other party harmless (the "Indemnified Party") from any and all liability created by any action ox inaction of the Indemnifying Party. 12. It is specifically understood and agreed to by and between the parties hereto that they hereby renounce the existence of any form of agency relationship, joint ACC— Earthwork Contract OCnlTCd. fitness fees. All rights concerning remedies and/or attorney's tees ` _ arc, term ination of this Agreement. Each person signing this Agreement represents and warrant that he, she or authorized to enter into and execute this Agreement, and to bind the party represented to the terms and conditions hereof. 21. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which, when taken together, shall be deemed one and the same instrument. 22. This Agreement shall be binding upon and, except as otherwise provided in this Agreement, shall inure to the benefit of the successors in interest or the legal representative of the parties hereto. 23. In the case of any default by a party under the terms of this Agreement, the nondefaulting party, in addition to any other rights or remedies available to said party, shall receive from the defaulting party all reasonable attorney's fees and costs incurred by the nondefaulting party in enforcing the terns of this Agreement. 24. Copies of this Contract may be executed by each party, separately, and when each party has executed a copy hereof, such copies taken together shall be deemed a full and complete Contract between the parties. Signatures obtained by facsimile transmission shall be deemed legal and binding for purposes of this Contract. AMERICAN CIVIL CONSTRUCTORS, Inc. Mr. Erwin Knirlberger By: % % Date: /- ACC — _ ACC— Earthwork Contract Date: Page 1 of 1 John Niewoehner From: Deborah Quinn Sent: Monday, May 04, 2009 4:22 PM To: John Niewoehner Subject: ACC/Erwin John, I didn't see anything in the application that gives ACC permission to do anything on the Knirlberger land, no agreement, no letter of authorization, nothing. Also, the deed shows two owners, Erwin and Anna, and the assessor information shows only Erwin. So, we need evidence that ACC has permission from the property owner (s) to submit this application and conduct the work. On the BLM land, I didn't see any "right of entry," as referenced in para. 11 on page 12 of the narrative, only the BLM Notice of Trespass that requires reclamation to be done by 3/16. Deborah Quinn Assistant Garfield County Attorney 108 8th Street, Suite 219 Glenwood Springs, CO 81601 (970) 945-9150 Fax (970) 384-5005 CONFIDENTIALITY STATEMENT: This message and any attachments are confidential and intended solely for the use of the individual or entity to which it is addressed. The information contained herein may include protected or otherwise privileged information. Unauthorized review, forwarding, printing, copying, distributing, or other use of such information is strictly prohibited and may be unlawful. If you have received this message in error, please notify the sender by replying to this message and delete the email without further disclosure. 5/13/2009 STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (3031 866-3567 FAX: (3031832-8106 FINANCIAL WARRANTY CORPORATE SURETY Operator: American Civil Constructors, Inc. COLORADO D t V i 5 (0 N Or RECLAMATION MINING —5— SAE ETY Iiill R:rep lr. Governor Harris 0. *tern an Executive Director Ronald W. Gann,/ Natural Reaou¢e Trustee Operation: C2t.:n,u PiI Permit No.: I"1 -Z.tt..— (71 7 Bond No.: 929469671 Warrantor: Western Surety Company Street: 10375 Park Meadows Drive City: Littleton State: Colorado Zip Code: 80124 Area Code: 303 - Telephone: 858-4338 771is form has been approved by the Mined Land Reclamation Board pursuant to sections 34-32-117, C.R.S., of the Mined Land Reclamation Act and 34-32.S-117, CRS., of the Colorado Land Reclamation Act for the Extraction ofConstructionMaterials. Any alteration or modification of this form, without approval by the Board shall result in the financial warranty being invalid and result in the voiding of any permit issued in conjunction with such invalid financial warranty and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to sections 34-32-123, C.R.S., of the Mined Land Reclamation Act and 34-32.5-123, C.R.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials, KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 1973, 34-32-101. gt seq. (the "Act"), as amended, provides that no permit may be issued under the Act until the Mined Land Reclamation Board (the "Board") receives a Financial Warranty (or Warranties) as described in the Act. WHEREAS, American Civil Constructors, Inc. (the "Operator"), a Colorado corporation, has applied for a permit to conduct a mining operation known as Erwin Pit (the "Operation"), on certain lands in 61/2,/& y D County, Colorado. These lands are described in the permit application, as amended and supplemented, and are referred to herein as the "Affected Lands". WHEREAS, in the application for the permit, the Operator has agreed to be bound by all requirements of the Act and all applicable rules and regulations of the Board, as amended from time to time. WHEREAS, in the application for the permit, the Operator has agreed with the Board to provide for reclamation of the Affected Lands that are now, or may become, subject to the permit, as required by law. Office of Office of Mined Land Reclamation Denver • Grand junction • Durango Acrve and Inactive Mines In any single year during the life of the pennit, the amount of the Financial Warranty shall not exceed the estimated cost of fully reclaiming all lands to be affected in said year. plus all lands affected in previous permit years and not yet fully reclaimed. Reclamation costs shall be computed with reference to current reclamation costs. The amount of this Financial Warranty is based upon estimates as to the cost of reclamation, and does not operate to liquidate, limit, enlarge or restrict the Operator's obligations to complete reclamation and to comply in all respects with the permit and with applicable laws and regulations governing reclamation, even though the actual costthereof may substantially exceed the amount of this Financial Warranty. The Mined Land Reclamation Board or the Office of Mined Land Reclamation may recover the necessary costs, including attorney's fees or fees incurred in foreclosing on or realizing the collateral used in the event this Financial Warranty is forfeited. The face amount of this Financial Warranty shall be increased by five hundred dollars ($500.00) to cover these costs. The Warrantor shall not be liable under this Financial Warranty for an amount greater than the sum designated herein, unless increased by a later amendment to this Financial Warranty. This Financial Warranty shall be reviewed by the Board from time to time, and the Board may require an increase in the principal sum of this Financial Warranty (and a corresponding increase in the surety amount) to cover increases in the estimated costs of reclamation, but no such increase shall bind the Warrantor unless and until it shall have consented thereto in writing by the issuance of an additional Financial Warranty or by an endorsement to this Financial Warranty. The Warrantor reserves the right to cancel this Financial Warranty, effective only upon an anniversary date, and only by giving written notice to that effect, mailed by Certified Mail, at least ninety (90) days prior to such anniversary date, addressed to both the Operator at its address herein stated, and to the Board at the address herein stated. In the event of such cancellation, this Financial Warranty shall nevertheless remain in full force and effect as respects the reclamation of all areas disturbed prior to the effective date of such cancellation, unless and until the Operator shall file a substitute Financial Warranty which: (1) assumes liability for all reclamation obligations which shall have arisen at any time while this Financial Warranty is in force; and (2) is accepted in writing by the Board. In the event of such cancellation, if the Financial Warranty is not fully released, the amount of the continuing Financial Warranty available for the reclamation of areas disturbed and unreclaimed at the date of cancellation shall be fixed by the Board at the ainount it determines necessary to complete such reclamation (which amount may not exceed the sum designated herein) and the Board shall concurrently identify such areas in writing, and notify the Warrantor and the Operator thereof. Thereafter, the obligation of the Warrantor shall be limited to reclamation of the areas so identified. The consideration for the Warrantor's execution of this agreement is the promise of the Operator to pay the premiums, but failure by the Operator to pay such premiums shall not invalidate or diminish the Warrantor's obligation hereunder. The Board may make demand upon the Warrantor for payment hereunder if the Board determines that reclamation which ought to have been performed by the Operator, or its successors or assigns, remains unperforated, and if Financial Warranty forfeiture procedures required by law have been initiated. No other condition precedent need be fulfilled to entitle the State to receive the amount so demanded. However, if, upon completion of reclamation by the State, the amounts expended for reclamation shall he less than the amount received from the Warrantor, the excess shall be promptly refunded to the Warrantor. If demand is made upon the Warrantor for payment of an amount due to the Board hereunder, and if the Warrantor fails to make payment of such amount within ninety (90) days after the date of receipt of such demand, or if it should thereafter be determined, by agreement of the Warrantor or by final judgment of court, that the amount demanded was properly payable, the Warrantor agrees to pay to the Board, in addition to the amount demanded, interest at the prime rare in effect front time to time at The United Bank of Denver for the period commencing at the end of such ninety -day period and ending on the date of actual payment. that the Operator's obligations to the BLM, for which this Warranty is executed, have been satisfied, and until the financial warranty has been released by the Board. This Financial Warranty may be executed in multiple copies, each of which shall be treated as an original, but together they constitute only one agreement, the validity and interpretation of which shall be governed by the laws of the State of Colorado. The provisions hereof shall bind and inure to the benefit of the parties hereto and their successors and assigns. SIGNED, SEALED AND DATED this 3rd day of April 2009 . Western Surety Company Warrantor By:��® Betty L. 'Tolentino, Attorney -in -Fact American Civil Constructors, Inc. NOTARIZATION OF WARRANTOR'S ACKNOWLEDGEMENT STATE OF California ) ) ss. COUNTY OF San Francisco (SEAL) (SEAL) The foregoing instrument was achtowledged before me this 3rd day of April 2009 by Betty L. Tolentino as Attorne - M. MOODY rar,, 7GOMM,41628658 U NOTARY PUBLtC-CALIFORNK ° SAN FRANCISCO COUNTY a My Comm. Expires Jan, 8, 2010 NOTARY P BLIC My Commission expires: January 8, 2010 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint M Moody, J M Albada, Susan Hecker, Janet C Rojo, Betty L Tolentino, Maureen O'Connell, Brian F Cooper, Robert P Wrixon, Virginia L Black, Individually of San Francisco, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 4th day of March, 2009. State of South Dakota County of Minnehaha ss WESTERN SURETY COMPANY Paul . Bruflat, Senior Vice President On this 4th day of March, 2009, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota;. that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of' said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to he the act and deed of said corporation. My commission expires November 30, 2012 X444444444444444454444444+ D. KRELL r NOTARY PUBLIC SOUTH DAKOTA 144454444544444445544454+ CERTIFICATE D. Krell, Nrory Public 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 3rd day of April 2009 Form F4280-09-06 WESTERN SURETY COMPANY 47cIlitzsrLy L. Nelson, Assistant Secretary DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 DATE: March 17, 2009 TO: FROM: STATE OF COLORADO RECEIVED MAR 1 9 2009 GARFIELD COUNTY BUILDING & PLANNING Notice of Special 111 Construction Materials Reclamation Permit Application Consideration Garfield County Planning Department Planning Director 108 8th Street, Suite 201 Glenwood Springs, CO 81601-3355 Travis H. Marshall, Environmental Protection Specialist +fir C,04- �M RE: American Civil Constructors, Inc., Erwin Pit, File No. M-2009-017 COLORADO DIVISION OF RECLAMATION MINING —&— SAFETY Bill Ritter, Jr. Governor Harris D. Sherman Executive Director Ronald W. Cattany Division Director Natural Resource Trustee Please be advised that American Civil Constructors, Inc., whose address and telephone number are 4901 South Windermere , Littleton, CO 80120; (303) 795-2582, has filed a reclamation permit application to extract construction materials with this office. The operation will be located at or near Section 33, Township 6S, Range 98W, th Prime Meridian, in Garfield County. Please be advised that the permit area may be located in more than one Section, Township, and Range. The applicant proposes to reclaim the site for Rangeland. The decision date for this application is scheduled for March 31, 2009, providing all permit requirements have been met. Any comments or objections must be submitted in writing and be filed with the Division of Reclamation, Mining and Safety no later than 5:00 p.m. on March 23, 2009 to be considered in the application review process. If we do not receive your comments or any objection by the end of the public comment period, the Office will assume you have no objection or comment to the proposed activity. Office of Mined Land Reclamation Denver • Grand Junction • Durango Office of Active and Inactive Mines 0 STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: D031866,3567 FAX: (303) 832.8106 RECEIVED MAR 10 2009 GRAND JUNCTION FIELD OFFICE DMSION OF RECLAMATION MINING & SAFETY Qty6i 0.aw CONSTRUCTION MATERIALS SPECIAL (I11) OPERATION RECLAMATION PERMIT APPLICATION FORM COLORADO DIVISION OF RECLAMATION MINING —6z— SAPETY NI Ritter, Ir. Governor Harris D. Sherman Executive Director Ronald W. Certain Divtskn Director Natural Resource Trustee The application fora Construction Materials Special 111 Operation Reclamation Permit contains fourmajorparts: (1) the application form; (2) Exhibits A -L, Addendum 1, and any sections of Exhibit 6.5 (Geotechnical Stability Exhibit), as required by the Office, and outlined in Rules 6.1, 6.2, 6,3, 6.5, and 1.6.2(1)(6); (3) the application fee; (4) the Performance Warranty and ifrequireda Financial Warranty. When you submit your application, be sure to include one (I) completed. signed and notarized ORIGINAL and one (1) copy of the completed application form, two (2) copies of Exhibits A -L, Addendum 1, appropriate sections of Exhibit 6.5 (Geotechnical Stability Exhibit), as required, a check for the application fee described under (4) below, and the fully executed Performance Warranty and Financial Warranty, if required. Exhibits should be bound or in 3 -ring binders; maps should be folded to 8 2" X 11" or 8 2" X 14" size. To expedite processing, please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, all information described below AnnIIeant/ooerator or company name (name to be used on the permit): American Civil Constructors, Inc 1.1 Type of organization (corporation, partnership etc.): Corporat ion 2. Operation name (pit, mine or site name): Erwin Pit 3. Permitted acreage: 4. New Application: 5. primary commoditie(s)tobemined: Fi11 Material 7 . 64 Permitted Acres S898.00 Application Fee 6. Name of owner to the surface of affected land: Erwin Knirlberger 7. )Name of owner to the subate:race rights of affected land; Erwin Knirlberger 8. Type of minine operation: X Surthce _ Underground ` In-situ 9. Location information: The center of the area where the majority of mining will occur: COUNTY: Garfield PRINCIPAL MERIDIAN (check one): X 6th (Colorado) _ IOth (New Mexico) _ Ute SECTION (write number): S 33 TOWNSHIP (write number and check direction): T 6 North X South RANGE (write number and check direction): R 98 East X West QUARTER SECTION (check one): X NE NW SE SW QUARTER/QUARTER SECTION (cheek one): NE NW SE X SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): 12 miles northwest of De Segue, CO at elevation 5,570 feet msl. Office of Mined Land Reclamation Office of Denver • Grand Junction • Durango Active and Inactive Mines -2- 10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM): Latitude/Lonaitude: Example: (N) 39° 44' 12.98" (W) 104° 59' 3.87" Latitude (N): deg min Longitude (W): deg min OR Example: (N) 39.73691° (W) -104.98449° 039,49473 Latitude (N) 0 sec . (2 decimal places) sec . (2 decimal places) Longitude(W) 108 , 34026 OR Universal Tranverse Mercator (UTM) Example: 201336.3 E NAD27 Zone 13 4398351.214 (5 decimal places) (5 decimal places) UTM Datum (specify NAD27, NAD83 or WGS 84) Fasting Northing Zone 11. Primary Future (Post mining) Land Use (check only one): Cropland(CR) Pastureland(PL) _ General Agriculture(GA) X Rangeland(RL) `Forestry(FR) _ Wildlife Habitat(WL) _ Residential(RS) _ Recreation(RC) Industrial/Commercial(IC) Developed Water Resources(WR) Solid Waste Disposal(WD) 12. Primary Present Land Use (check only ono): _ Cropland(CR) R Rangeland(RL) Residential(RS) _ Pastureland(PL) Forestry(FR) _ Recreation(RC) _Developed Water Resources(WR) 13. Estimated Beginning Date of Contract: 13.1 Estimated completion date of contract _ General Agrlculture(GA) Wildlife Habitat(WL) IndustriaUCommercial(IC) Mining(MN) January 2009 December 2009 -3- 15. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Contact's Name: Bruce Hammers Title: Senior Project Manager Company Name: American Civil Constructors, Inc Street/P.O. Box: 4901 South Windermere P.O. Box: City: Littleton State: CO Zip Code: 80120 Telephone Number: ( 303 )- 795-2582 347-1844 FaxNumber: f303 PERMITTING CONTACT (if different from applicant/operator above) Ryan Ellis Tit)e: Consultant Greg Lewicki and Associates Contact's Name: Company Name: Street/P.O. Box: City. State: Telephone Number. Fax Number. 11541 Warrington Ct Parker P.O. Box: CO Zip Code: 80138 3L 03 )- 880-6690 303 346-6934 INSPECTION CONTACT Contact's Name: Nick Polce Title: Project Engineer Company Name: American Civil Constructors, Inc StreetP.O. Box: 4901 South Windermere P.O. Box: City: Littleton CO 80120 State: Zip Code: Telephone Number. f 303 1- 795-2582 Fax Number: f 303 )- 347-1844 CC: STATE OR FEDERAL LANDOWNER (if anyl Agency: Street: City: State: Zip Code: Telephone Number: ( 1- CC STATE OR FEDERAL LANDOWNER (if any) Agency: Street City: State: - - Zip Code: Telephone Number: ( ) - 14. Maris & Exhibits: Submit two (2) complete, unbound copies of the following application exhibits: 6.3.1 EXHIBIT A - Legal Description and Location Map 6.3.2 EXHIBIT B - Site Description 6.3.2 EXHIBIT C - Mining Plan 6.3.4 EXHIBIT D - Reclamation Plan 6.3.5 EXHIBIT E - Maps, to include the location of any recorded easements 6.3.6 EXHIBIT F - List of Other Permits and Licenses Required 6.3.7 EXHIBIT G - Source of Legal Right -to -Enter 6.3.8 EXHIBIT H - Municipalities Within a Two-mile Radius 6.3.9 EXHIBIT I - Proof of Filing with County Clerk 6.3.10 EXHIBIT 1- Proof of Mailing Notices of Permit Application 6.3.11 EXHIBIT K - Terms of Governmental Contract 6.3.12 EXHIBIT L - Permanent Man-made Structures 1.6.2(1)(b) ADDENDUM 1 - Notice Requirements 6.5 Geotechnical Stability Exhibit (as required) Resmonsiblllties as a Permittee: Upon application approval and permit issuance, this application becomes a legally binding document Therefore, there are a number of important requirements which you, as a pennittee, should fully understand. These requirements are listed below. Please read and initial each requirement in the space provided, to acknowledge that you understand your obligations. If you do notunderstand these obligations en please contact this Office for a WI explanation. 1. Your obligation to reclaim the site is not limited to the amount ofthe financial wananty. You assume legal liability for all reasonable expenses which the Boarder the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; 2. The Board may suspend or revoke this penult, or assess a civil penalty, upon a fording that the permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the application or your permit misrepresent important material facts; . Mo' 3 Ifyour mining andreclamation operations affect areas beyond thoboundaries of anapprovedpennithoundary, substantial civil penalties, to you as permittee can result; 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a new pemdt application and obtain approval from the Board or Office; 5. It is your responsibility to notify the Office of any changes in your address or phone number; 6. Upon permit issusnce and prior to beginnhig on-site mining activity, you must post a sign at the entranceoldie mine site, which shall be clearly visible from the access road, with the following information (Rule 3.1.12): a. the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c. the permit number. -6 - Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: I. All necessary approvals from local government have been applied for (Section 34-32.5-111(I)(a)(IX)); 2. This entire mining operation will not affect more than 30 acres; 3. This mining operation will not adversely affect the stability of any significant, valuable and permanent man-made structure(s) located within two hundred (200) feet of the affected lands. (However, where there is an agreement between the applicant/operator and the persons having an interest in the structure that damage to the structure is to be compensated for by the applicant/operator (Section 34-32.5-115(4)(e), C.R.S. 1984, as amended), then mining may occur within 200 feet. Proof of an agreement must be submitted to the Office prior to the decision date.) 4. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115(4)(f), C.R.S. 1984, as amended); 5. As the applicant/operator, 1 do not have any mining/exploration operations in this state of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-32.5-120, C.R.S. 1984, as amended) as determined through a Board finding. 6. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S.1984, as amended. This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-111,C R.S, of the Colorado Land Reclamation Act for time Extraction of Construction Materials. Any alteration or modification of this formshallresult in voiding any permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to section 34-32.5-123, C.R.S. Signed and dated this .h' h day of MVA -c4-1 , 7.00q ytrtnt`tC1 GAi 1 r It) t 4 LOK,SwucyotS, `.t. c. Applicant/Operator By: Title: Sg'Ma - Pa err MrsvAa4 P State of (0 ( 01744,0 ) ss. County of ASO/14 ) The foregoing instrument was acknowledged before me this byemce �4 MfttC(5 as ..du PN - 4' P` 1\E BI(Bq •NOTARY: G't: *i s•4► s*.s pUBOG e c'o 4:2t k4 `1�g4tIGNATURRS MUST BE LN BLUE INK /veil:goes If Corporation Attest (Seal) By l/ aporate Secretary or Equivalent i Town/City/County Clerk 4ss 1 S-�• day of t-Aat (.h , 200x1 _elt ofAneri(Gln CAvi1 LensSryuctiits,lvc. tkAcacv-.- Pim/out Notary Public My Commission expires: i - k - 20t oZ Mining Area 2 Commencing at the Center -South 1/16 Comer of said Section 33; Thence N 41°54'25" W a distance of 683.64', thence N 59°11'18" W a distance of 524.89'; thence N 4396'58" E a distance of 209.90'; thence N 89°01'36" E a distance of 321.87'; thence S 68°13'56" E a distance of 238.12'; thence S 01°43'09" W a distance of 96.16'; thence S 28°38'09" W a distance of 101.30'; thence S 45°30'53" W a distance of 118.67'; thence S 54°45'16" W a distance of 122.41'; which is the point of beginning, having an area of 4.29 acres Erwin Knirlberger owns 6.84 acres of the permit area. The remaining 0.80 acres is owned by ELM. The total permit area is 7.64 acres. The property described above is to be used for extraction of fill material, roads, berms and topsoil stockpiles. Erwin Pit, February 2009 A-2 Notes: DES NE *PPD DATE 2/16/09 SCALE 1 • 20001 Greg Lewicki And Associates 11541 wairk.p.Ceet 'Van (3031446-51“ Pa%er.00 flAI*I DWI .initIlronlab: American CMI Constructors Inc Map A-1 General Location Map Erwin Pk 1 Associates 303)-346-5196 info@lewicki.biz Parcel Map American Civil Constructors Erwin Pit 30 i.L.M. 8 959 dary )26 99 101 11+ B.L.M. 31 ELEV. 5978 x 10- B.L.M. ustVy5�s8tststseeann_ nnntmb — 1' ,f 13T 14 Awxnw 7 Bouna Tr. 114 Z 1 11 3+ 25 36 4r 5T X ELEV. 8208 A _ ' .1 1 tiNNALL 11 4 Iffm. gm. : T MOUNTAIN Notes: Erwin Pit - Adjacent Property Owner List Parcel: 2413-042-00-003 Erwin Knirlberger P.O. Box 42 DeBeque, CO 81630 Parrcel: 2413-041-00-002, 2413-102-00-015, 2167-212-00-008 Chevron USA Inc. CIO Chevron Texaco Property Tax P.O. Box 285 Houston, TX 77001 Parcel: 2413-092-00-952, 2167-321-00-960, 2167-334-00-961 Bereau of Land Management 50629 Highway 6 & 24 Glenwood Springs, CO 81601 Parcel: 2167-333-00-018 Gary L and Tammie Lee Crossen 10566 CR 204 DeBeque, CO 81630 Garfield County Building & Planning Department 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 Phone (970) 945-8212 Fax (970) 384-3470 merican hill onstructors March 4, 2009 Attn: Fred Jarman RE: Furr Pit — Major Impact Review — Notification of Non Technical Completeness and Conditions for Commencing Extraction Activities Dear Mr. Jarman, American Civil Constructors, Inc. is in receipt of your letter outlining the technical data requirements to complete the application as well as the Special Construction Conditions required to continue extraction activities. Please find the enclosed documentation fulfilling the data requirements to technically complete the application. Additionally, American Civil Constructors, Inc. agrees to adhere to the Special Construction Conditions. Please feel free to contact me should you have any questions or concerns in regards to this matter. Regards, Nick P.lce Project Manager American Civil Constructors 4901 S. Windermere St. Littleton, CO 80120 303.419.2399 npolce(accbuilt.com CC: File 1 -10USE CMP NE1/4 SW1/4 SECTION 11 T.8 S., R.98 W., 6th P.M. GARFIELD COUNTY, CO. , ,, \\\ of— 71'i "0 jU-K6;ERS0-----''' \ Reclarnation Slope SHED 2"0 120 JUN sotzi 'vyE T vaaokiw T.8 S., F08 W. - Access Road 1 2%--Crade 2HigSt Isolation E To Be Re After yeg, ::Is Sufflcie Contra, E 1-2% Grade ... ......... ....... 074e ArAffAWAYAri.$7 4/0"."99/..12" ) :;;• ..... •