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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com Special Use Permit GENERAL INFORMATION (To be completed by the applicant.) ➢ Street Address / General Location of Property: IL S O C- v. u<41 12z 319 kV) ,r fri- rk a.6-(- t( I •2-c ►1'l i k c S 4?4 1/4)l'CvA- 0 v,. 06.04* RA lc.( > Legal Description: 5 Q 4- l{ -e tp e p ,tvv.-- -1).2,s(v a 1,‘ 111 j ➢ Existing Use & Size of Property in acres: \t Ne..4< w1 i.-4 \-. 3S f\C('eS , ➢ Description Special Use Requested: T'-nr A9, A of use_ v-ctlx YZ. h CO 11- d 6, cl b+ to wti —rte- w (-1,---sic t va c - c 1--4,,,L l c- 5 634- .(J co_ 9 i CAV. (A vV. C* - vv�CI- \h 00)1/4.(_4. 6 k,t, > Zone District: A1\ Q.. 17 ➢ Name of Property Owner (Applicant): 1�. A.i.-`P(9 3--i-A. . ➢ Address: J -'7o - \\c)(1Telephone: L .S -iSq - D1` -J3 ➢ City: V rz_,,ok oA State: .kk Zip Code: 84 O1 ' FAX: L6 S-78(1 _q. > Name of Owner's Representative, if any (Attorney, Planner, etc): t (.tom `j2._A CAA t N_t s > Address: 1�` 0 .. 6 1� 1‘M Telephone: x1.- S ^ 7 % - al 3 > City: V w. oa State: .J&* Zip Code: j'R47FAX: Ll3c''7V( - .4 ' 05 -'fie{ - .13 54 - STAFF USE ONLY ➢ Doc. No.: Date Submitted: TC Date: ➢ Planner: Hearing Date: oss •1z- a $ I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all mineral rights owners of the subject property and public and private landowners adjacent to your property (which should be delineated). In additional, submit a list of all property owners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. 6. Submit a copy of the deed and a legal description of the subject property. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 8. Submit an statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; 9. Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.08], Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at http://www.oarfield-countv.com/building and planning/index.htm, or information can be obtained from this office 10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 11. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS (The following steps outline how the Special Use Permit Application review process works in Garfield County.) 1. Submit this completed application form, base fee, and all supplemental information to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. In addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Special Use. (If Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed special use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. 5. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. "Ad (Signture ofAilL applicant/owner) Last Revised: 11/07/2002 I. 1. Dalbo Inc. is a trucking company servicing the oil & gas industry. We are requesting a Special Use Permit to locate a storage yard for vacuum trucks and frac tanks, office, and maintenance shop. The proposed use would include the following; 1. Storage of 30 vacuum trucks. 2. Storage of 200 frac tanks. 3. Office and operations management. 4. Maintenance of trucks inside shop. 5. Washing of trucks. 6. Potassium Chloride storage. ( Potassium Chloride or KCL is a weak salt mixture used in the down hole operation and maintenance of oil and gas wells, it is non-toxic and non- hazardous. Vehicles would access the property on daily basis as needed by the petroleum extraction industry. Hours of operation could include 24 hours per day, however, would generally be during the daylight hours. The 35 acre site is currently vacant land. The proposed use would include the following structures; 1. A 50' X 100' metal frame maintenance shop. 2. An attached 26' X 40' office. 3. A concrete wash bay for the vacuum trucks. 4. 4 Upright metal storage tanks in concrete containment for the KCL water. Electric power is in the front of the property, propane would be used for heating of the structures, a water well will be drilled( if needed a cistern would be used to store water for the facility), a septic system would be used for waste water from the two `/ baths in the office, telephone service would be extended to the property. 2. Water usage would be as follows; 1. Office restrooms and hand washing in the shop. The water for the office and the shop would be from the proposed water well. Any waste water would be put into a septic system on the property. We anticipate that this water usage would be minimal, less than 250 gallons per day. 2. Truck washing facility. The water for the wash bay would also come from the water well. Water usage of this nature is also minimal, less than 500 gallons per day. This waste water would be recycled. Any silt from the wash bay would be collected and hauled to the local landfill. 3. KCL Storage tanks It is anticipated that this water would have to be hauled for a fresh water source. If the water well could produce more water than used by the office and truck washing facility we would use any excess water for the KCL storage tanks. We have contacted the Department of Water Resources in Glenwood Springs. They have indicated that we can drill a water well on the 35 acres. There would be no need for a water allotment or a water augmentation plan. We would have legal right to drill a well for use at the office and shop. 3. Included in this submittal is a site plan. We have contracted the Jake Mall of Garfield County Road and Bridge Department. He indicated that we could get a Garfield County access permit for the our new facility on County Road 319. The access opening could be as large as 100' if desired. 4. See attached topography map. 5. See attached map and property owners. 6. See attached warranty deed and legal descriptions. 7. See attached letter authorizing Nick Richins to act as our representative. 8. (1) Electrical service is in place and available from Public Service Company of Colorado. Propane will be used to heat the shop and office. A water well will be drilled or we will haul our own water and use a cistern. A septic system will be installed to handle waste water from the restrooms. Telephone service will be extended to the property bu Q west. (2) We have been in contact with Jake Mall of Garfield County Road & Bridge Department the only improvements that will be needed is a 15" culvert in the 90' entrance into the property and adequate graveling to our yard, so not to track any mud onto the county road from the property. However, we will comply with any Garfield Road & Bridge Departments requirements. (3) Much of the adjacent land is vacant, no homes or neighborhoods are present. The only nearby structures are natural gas wells and tanks. We feel that we would blend into the surrounding use of this area. 9. Further information will be submitted if needed. 10. & 11. Fees and copies submitted as requested. RECEIVED APR 2 8 20in Follow-up information requested for Dalbo, Inc. Special Use Permit. GARFIELD COUNTY BUILDING & PLANNING 1. a. A frac tank is mobile water storage container most commonly used during the completion stage in the oil and gas extraction process. The frac tank is 45' long, 8' wide, 10' tall. See picture enclosed. The 4 upright metal tanks are the following sizes; 2 tanks - 35' tall, 12' in diameter and both tanks will hold KCl water. (750 bbl. capacity) 1 tank - 16' tall, 22' in diameter and will hold KCl water. (1000 bbl. capacity) 1 tank - 24' tall, 22' in diameter and will hold fresh water. (1500 bbl. capacity) See elevations of tanks in tank farm T-1. 1.b. It is anticipated that there will be two full time office workers and two full time mechanics at the facility. A salesman, a manager, and a truck dispatcher will be at the office from two to three hours each day. Most of the time they will be in their trucks away from the facility. Rarely would any customers come to the facility. Deliveries could be as few as once a week to as many as once per day from UPS or Mail type services. Most parts will be picked up by the salesman, the manger, the dispatcher, or the mechanics in the daily to and from travels to work. 1.c. Hours of operation for the two office workers and the two mechanics will be 5 days a week. The truck drivers could be in and out of the facility as often, once per day, 7 days a week. Most weekends there is fewer hours of operation, however, the use is based on the need of the oil & gas companies. 1.d. The trucks will be washed on a concrete pad. The water and silt will flow to a concrete collection sump. The water will be reused, much like that of a regular car wash. When it becomes necessary to remove the silt from the collection sump, a backhoe and dump truck will be used to collect and haul the silt to a landfill. The truck wash is a concrete self contained unit and there should be no run off or no effect on the ground water. See truck wash detail T-1. 1.e. The 1000 gallon propane tank will be located between the shop and the truck wash. See the site map C-2. 1.f The only chemical to be stored on site will be weak salt solution, known as potassium chloride (KCl) it is non-toxic and non -hazardous. The maximum amount to be held on site would be 2500 bbls. See MSDS sheet enclosed. 1.g. The south property line and the east property line has a field fence or combination wire fence installed now and is 5' in height. The north and west property lines would be a 5' height fence that would be classified as a security fence. See fence picture enclosed. Lighting will be installed to light up the area around the shop and the office. This lighting would be on an electric eye to turn on at dark. The lighting used would be directed to minimize any off premise lighting. As mentioned, the lighting would be attached to the buildings. If possible a 4' X 8' non -lighted sign would be erected to identify the facility. 2. See copy of well permit enclosed. 3. See copy of Garfield County Assessor's map with delineated ownership including mineral rights owners. 4. The subject property is a 35 acre tract that is being split from a 160 acre tract owned by Robert Lazier. A buy -sell agreement has been sign by both parties with a condition that a Special Use Permit could be obtained. If the permit is not granted, the subject property will not be purchased by Dalbo Inc. It was mutually agreed by both parties that Dalbo Inc. would submit all paper work for the Special Use Permit. This was only logical because Mr. Lazier does not know the working operations of Dalbo Inc. Mr. Lazier has given Dalbo Inc. the authorization to submit this application. See authorization letter and buy -sell agreement enclosed. 5. The proposed uses fall under the definition of Industrial Operations Classifications Section 2.02.31. More specifically characterized as (4) Storage. The reasoning behind this characterization is the majority of the operation is the storage of tanks and vacuum trucks for the servicing of oil and gas extraction activities. Under this section we have been asked to respond to 5.03.07 by preparing an Impact Statement. Impact Statement for Dalbo Inc. Garfield County, CO Introduction Dalbo Inc. is currently operating from a leased yard and small shop in Debeque, CO. and a leased yard on the west Rifle I-70 Frontage road in Rifle, CO. Since October, 2002 a property search has been under way to secure a location that would better suit our needs. Great care has been taken to locate a property that would be advantage to us, and not adversely impact any surrounding properties. We are in the process of purchasing 35 acres located 1.25 miles south of the Rifle Airport on County Road 319. See site map enclosed C-2. Background and Operational Characteristics Dalbo Inc. has been in oil and gas service business since 1970. They have been operating in Utah, Colorado, Wyoming, and California. Our home office is in Vernal, Utah. Dalbo Inc. owns and operates vacuum trucks and rents frac tanks to oil & gas companies for the extraction of oil & gas natural resources. Dalbo Inc. primary function is the hauling of fresh water for drilling, renting frac tanks, filling frac tanks with fresh water and KCI water, and hauling of produced water(salt water) to disposal pits. Scope Dalbo Inc. would like to locate a tank storage yard and a vacuum truck maintenance shop in the Rifle, CO area. The area surrounding the proposed yard is currently vacant property except for gas wells located near by and Encanas' evaporation pit and storage yard adjacent to the subject property. No homes, subdivisions, irrigated farmland, corrals, retail operations, or commercial operations are nearby. Surveying the surrounding area from the subject property only oil & gas operations and gas wells are visible. This use would coincide with the current use of the surrounding property. Construction Design and Schedule The largest structure at the facility will be the maintenance shop and office. The shop will be 50' X 100' with two 16' tall bay doors for vacuum truck to access the interior of the shop for light maintenance. Most of the major truck repairs will be done at our Vernal, Utah. This shop will be designated for minor truck repairs and periodic maintenance. The office will be 26' X 40' and will have a main lobby, 3 offices for the secretaries, salesman, and manager. Two restrooms will also be in this office area. Across from the shop and office there will be a tank battery. In the tank battery there will be four tanks enclosed by a concrete containment wall. Three tanks will have KCl water and one tank will have fresh water. Behind the shop is where the truck wash bay will be located. It will consist of a 30' X 50' concrete wash bay and a water and silt collection sump. All of the above structures will be build with new materials. It is our intent to have as attractive a facility as possible in an industrial setting. Vacuum truck and frac tank storage will be south and east of the shop as shown in the site plan. For details of the above structures and site plan see sheets TA and C-2. Some fencing along County Road 319, drilling a water well, and hauling of fill dirt would be necessary to complete the onsite improvements. We hope to start construction as soon as possible. Industrial Operations Impact A. Water Water for the office, shop, and truck wash would be acquired by drilling a water well. A septic system would be designed to accommodate the waste water from the two restrooms in the office/shop. A concrete pad would be constructed to catch the waste water from the truck wash, the water would be reused much like a car wash. No truck wash water would impact the ground water or the surface runoff. Frac tanks and vacuum trucks stored on site will be empty. The tank farm south of the shop will be surrounded by a concrete containment wall with a concrete floor. A 4' diameter culvert would be placed in the wash to allow surface run-off to continue through the property. We do not intend on changing the general topography of the subject property. B. Vapor, Smoke, Noise, Vibration, and Other Emanations The maintenance shop would normally have it's doors closed. Any noise, smoke, dust, vibration, or other emanations from the shop should be minimal. No painting, sandblasting, or manufacture of new equipment would take place at this shop. Storage of maintenance fluids (motor oil, antifreeze, transmission fluid, etc.), would be inside the shop. When a truck is started a minimal amount of smoke and noise would be created. A minimal amount of welding, for minor repair only, would be done in the shop. All manufacture of trucks and tanks is done off site. The yard would be graveled and the property slopes away from County Road 319, so little or no water, dirt, or mud should be carried onto County Road 319 from the storage yard. A used oil containment tank would be placed outside the shop to hold used oil. Used oil would be collected periodically. C. Wildlife and Domestic Animals The subject property has two distinct topographic areas; The first, a flatter or slightly sloping area, consisting of about 15 acres. Intermittent small patches of native grass exist on the property. Sagebrush and other small native plants are sparse due to low annual rainfall. Two sides of the subject property have existing fences. The fence was constructed to keep cattle on the adjacent property by Benzel Livestock Company. This 15 acres will be used for the storage yard and maintenance shop. The second, is a small hill, consisting of about 20 acres. It is sparsely covered by sagebrush, cedar trees and intermittent small patches of grass. The grn7ing of wildlife or domestic animals on this property has been of little benefit to them. The fencing that has already been installed disrupted the migration routes or use patterns by wildlife if they ever existed. D. Traffic Impact County Road 319 is one of the main roads being used by Encana to access their gas extraction activities. However, we feel that here are some distinct advantages to locating this site; 1. Currently, all of Dalbo's vacuum trucks are traveling into the Rifle area via I-70 from Grand Junction and Debeque. This vacuum truck traffic should decease on the freeways and the secondary roads. The truck drivers would drive their own vehicles to the yard each day. Get into their vacuum truck and go to work. 2. Our tank storage yard is currently located in a leased yard on the west Rifle I-70 frontage road. Winch trucks travel to the yard to retrieve our tanks and move them to various oil field locations. If the tanks were located in this new yard the winch truck traffic should also decease, because access to the oil field locations would be closer to the new storage yard. 3 Also, located in the leased yard on the west Rifle I-70 frontage road we have our KCI storage tanks. Vacuum trucks travel on this frontage road to load the KCI water and haul to various oil field locations. This across town traffic on secondary roads should decease. E. Distances from Other Property It is only logical that a sufficient distance separate this use from abutting property which might otherwise be damaged by operations of this proposed use. However, upon a site visit it is evident that oil & gas extraction activities are already taking place on abutting properties. The granting of this Special Use Permit would coincide with current land use. F. Mitigation Measures Mitigation Plan 1. If the County Commissioners feel that a partial rehabilitation of the subject property become necessary; a. All frac tanks could be hauled away. b. All vacuum trucks could be driven away. c. All KCI storage tanks could be moved away. d. Building and structures could stay and be sold for other industrial use. 2. If the County Commissioners feel that a total rehabilitation of the subject property become necessary; a. All frac tanks could be hauled away. b. All vacuum trucks could be driven away. c. All KCl storage tanks could be moved away. d. Propane tank, used oil tank, and new fences could be removed. e. Concrete containment wall and concrete wash bay could be demolished. f. Maintenance shop and office could be demolished. g. 4' culvert could be dug up and removed. Either of the above events seem unlikely. Most property is bought with a particular use in mind. If it is anticipated that the use will change, the buyer would take the subject properties value minus the changes into consideration before purchasing. 3. We will comply with section 5.03.07 (2) (B & C). If any bonds, commitments, or other security is deemed necessary we will comply. G. Industrial Performance Standards as set forth in 5.03.08 Dalbo Inc. is committed to comply with all applicable County, State, and Federal regulations governing water, air, and noise pollution wherever possible. Dalbo Inc. is committed to operating a safe environment for it employees and customers. It is hoped that others who view our operation would find it environmentally desirable. Our current operations in Garfield County does not generated any excessive noises, smoke, vibrations, or emissions of fumes. 1. We will comply with volume of sound generated statues. 2. We will comply with vibration generated statues. 3. We will comply with emissions of smoke statutes. 4. We will comply with air pollution control statutes. 5. (A) Any flammable solids or gases will be stored in accordance with accepted laws and standards. (B) If required we will fence or landscape our facility from adjacent property. (C) No materials or wastes will be deposited on our property. (D) Vacuum trucks and storage tanks can be stored on the subject property the following; 1. Our lot size is 35 acre and is not a platted subdivion. 2. There is no residential dwellings within 300 ft. 3. If deemed necessary we will screen off area for storage equipment. 4. All repairs will be conducted inside a building and the mechanics normal hours of work will be during the daylight hours Mon -Fri. 5. All loading and unloading of equipment will be our property. (E) Our storage area is associated with the extraction of natural resources. (F) We will have our lighting pointed downward and inward to protect from glare onto adjacent property. 6. We do not see that any water pollution hazards exist beyond those we have made allowances for, however, we will comply with any EPA regulations deemed necessary. We have been in contract with the Garfield County Building Department concerning percolation tests and test holes. We will comply with their regulations and standards. 3 CONCRETE CONTAINMENT POND 12' (2) 750 BARREL KCL TANK L 22' KCL TANK FARM DETAIL SCALE: 1" = 10' (1) 1,500 BARREL FRESH WATER TANK 24' 16' (1) 1,000 BARREL KCL TANK NOTE: REINFORCE FLOOR AND WALLS WITH 66 REBAR @ 18" o.c. b.w. L 12' TRUCK WASH SHED 3 f 8' DRAINAGF CONCRETE TRUCK WASH PAD 1' DRAINAGE KEYWAY ORAINAf E —A-11' B DRAINAGE 8 % SLOPE DRAINAGE 1'x1' CONCRETE CURB WATER AND SILT TRAP 20' 10' B 50' PATHWILE: Z:1ProjeclslMISCELLANE0US1Dalbolmiie PlansT-1 KCL Tank Farm and Truck Wash Oelaildwg DATE: 4116/2003 3' CONCRETE CONTAINMENT POND WALL 1' CONCRETE FLOOR 5 A 50' CONCRETE CONTAINMENT POND A CONCRETE CONTAINMENT POND WALL 1' 50' 1' DRAINAGE KEYWAY 8' CONCRETE TRUCK WASH PAD AND SILT TRAP FLOOR TRUCK WASH DETAIL SCALE: 1" = is SECTION B -B NOTE: REINFORCE FLOOR AND WALLS WITH #4 REBAR @ 18" o.c. b.w. TRUCK WASH SILT TRAP 1' CONCRETE CURB 4' CONCRETE WATER AND SILT TRAP SIDEWALL 1' ROADBASE U- O 1n w Z Z ¢ O > W 0 � w 0 0 0 > > a r LO al CO c0Q Z J Q. w o o- o m N —I n 0 _I OZ C.) a Q °-¢ CL0 COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST., RM 818, DENVER, CO 80203 phone - info: (303) 866-3587 main: (303) 866-3581 fax: (303) 866-3589 htip•Jhvww.water.state.co.us GENERAL PURPOSE Water Well Permit Application Review Instructions on reverse side prior to completing form. The form must be completed In black Ink. 1. Applicant Information Office Use Only [Form GWS -45 (3/2003) Name d applicant DAA pyo , rAl Malang tick ass ?.o' 3os. ttea DO Ve`'v\C l Telephonea ( 435) 7?9- 0'7 L(3 IT 2. Type Of Application (check applicable boxes) Construct new well ❑ Replace existing well ❑ Change source (aquifer) ❑ Other. ❑ Use existing well ❑ Change or Increase use ❑ Reapplication (expired permit) 3. Refer To (if applicable) Well permit 9 Designated Basin Delem*utlpl • 6. Use Of Well (check applicable boxes) Attach a detailed description of uses applied for. ErIndustrial ❑ Other (describe): ❑ Municipal ,❑--, /Irrigation L7 Commercial 7. Well Data (proposed) Marcam pumping rate Trial depth gpm Annual amount to be wtth& wn feet acre-feet 8. Land On Which Ground Water Will Be Used Water Court cases Wel name ora 4. Location Of Proposed Well Cowry L'7 Are-li c ...t) Section Township Nor5 2 -co (p ❑19 tler�i ) gp M E 1/4 Range E or W Principal Mandan O3 El r3 Distance W well from section Ines (section Noes are typically not properly Wes) t25' -O' FtlmnIa Nips (g OO' rtbom®E❑w For replacement weds city- thence and drool/on fern rid well to new was feet direction Wen locaum address Of ppE®ble) ) 2 -ego Ceuv`k-t aa_ 3t4 Optional: OPS well location Information In UTM format Required settings for GPS units are as follows: A Legal Description (may be prodded as an auaanatx S Q2 p.%k A t ,le 9 (If used for crop Irrigation, attache scaled map that shows Irrigated area.) B. #Acres I C. oaner -)y %` DaL13-D lc•-lC D. List anyWerwens or Mier NI* used on this lana Forret met be UTM Zane met bets Units must be Meters Datum must be 144D27 (CONUS) Unit mat be set to hue floret Were twins averaged/ OYES ❑ NO Northing Easing 9 Proposed Well Driller License #(optional): l0cl 10. Signature Of Applicant(s) Or Authorized Agent The making of false statements herein constitutes peiuty In the second degree, which is punishable as a class 1 misdemeanor pursuant to C.R.S. 24-4-104 (13Xa). I have read the statements herein, know the contents thereof and state that they are true to my knowledge. Sign here (Must be odglnalsigatae) I Date Prim nand & lige tillUL 17-tL14, NS 5. Parcel On Which Well Will Be Located Office Use Only USGS nap name A. Legal Description (may be Prodded m an atradsremj Oar k.ciekc Eke. 0 B. aofacres In parcel 3S - Riad iii-4 res or , Q1/2 -i C. Owner EYES 'OA L( o, Lr&C D. Wn this be the only thisvie.[E a on parcel? YES ❑NO (k no -1st of ermals) E. State Parcel ION (coma* WE WR CWC# TOPO MYIAR Stu IDWR nap nw I Surface elev. Receipt area only DN_ WD_ BA MD INDIVIDUAL SEWAGE DISPOSAL SYSTEM APPLICATION OWNER 7)At430 , m ADDRESS �'O 3o1- \\tp Nie+(Yia.(,Wf-K`(oipHONE 435-78`(-0743 CONTRACTOR J.I t G IC 2i ADDRESS r1 - J %off \ \." 6.1\Pa ( VAIRPHONE iss - 0-74 3 PERMIT REQUEST FOR (t<NEW INSTALLATION ( ) ALTERATION ( ) REPAIR Attach separate sheets or report showing entire area with respect to surrounding areas, topography of area, habitable building, location of potable water wells, soil percolation test holes, soil profiles in test holes (See page 4). LOCATION OF PROPOSED FACILITY: Near what City of Town • Re— Size of Lot 3S- As cK-C. Legal Description or Address 5 kszct Miro_ f Q 12s- p cokkA-y R+ 31R WASTES TYPE: ( ) DWELLING ( ) TRANSIENT USE ( y' COMMERCIAL OR INDUSTRIAL ( ) NON-DOMESTIC WASTES ( ) OTHER—DESCRIBE BUILDING OR SERVICE TYPE: lAj i beCttm CLIA. Ce IQ Number of Bedrooms HI 4 Number of Persons q far day ( ) Garbage Grinder / ( )Automatic Washer ( ) Dishwasher SOURCE AND TYPE OF WATER SUPPLY: ('WELL ( ) SPRING ( ) STREAM OR CREEK If supplied by Community Water, give name of supplier: DISTANCE TO NEAREST COMMUNITY SEWER SYSTEM: 242_ 2_ w' ; 1c s Was an effort made to connect to the Community System? 0 A site plan is required to be submitted that indicates the following MINIMUM distances: Leach Field to Well: Septic Tank to Well: 100 feet 50 feet Leach Field to Irrigation Ditches, Stream or Water Course: 50 feet Septic System (septic tank & disposal field) to Property Lines: 10 feet YOUR INDIVIDUAL SEWAGE DISPOSAL SYSTEM PERMIT WILL NOT BE ISSUED WITHOUT A SITE PLAN. GROUND CONDITIONS: Depth to first Ground Water Table Percent Ground Slope / - Z tto TYPE OF INDIVIDUAL SEWAGE DISPOSAL SYSTEM PROPOSED: (✓I SEPTIC TANK ( ) ( ) VAULT PRIVY ( ) ( ) PIT PRIVY ( ) ( ) CHEMICAL TOILET( ) OTHER -DESCRIBE AERATION PLANT ( ) COMPOSTING TOILET ( ) INCINERATION TOILET ( ) FINAL DISPOSAL BY: (tic ABSORPTION TRENCH, BED OR PIT ( ) UNDERGROUND DISPERSAL ( ) ABOVE GROUND DISPERSAL ( ) OTHER -DESCRIBE VAULT RECYCLING, POTABLE USE RECYCLING, OTHER USE ( ) EVAPOTRANSPIRATION ( ) SAND FILTER ( ) WASTEWATER POND WILL EFFLUENT BE DISCHARGED DIRECTLY INTO WATERS OF THE STATE? $i 0 PERCOLATION TEST RESULTS: (To be completed by Registered Professional Engineer, if the Engineer does the Percolation Test) Minutes Minutes Name, address and per inch in hole No. 1 Minutes per inch in hole No. 3 per inch in hole No. 2 Minutes per inch in hole No. _ telephone of RPE who made soil absorption tests: Name, address and telephone of RPE responsible for design of the system: Applicant acknowledges that the completeness of the application is conditional upon such further mandatory and additional tests and reports as may be required by the local health department to be made and furnished by the applicant or by the local health department for purposed of the evaluation of the application; and the issuance of the permit is subject to such terms and conditions as deemed necessary to insure compliance with rules and regulations made, information and reports submitted herewith and required to be submitted by the applicant are or will be represented to be true and correct to the best of my knowledge and belief and are designed to be relied on by the local department of health in evaluating the same for purposes of issuing the permit applied for herein. I further understand that any falsification or misrepresentation may result in the denial of the application or revocation of any permit granted based upon said application and in legal action for perjury as provided by law. Signed Ai,,('i1-- Date & 147.ov3 PLEASE DRAW AN ACCURATE MAP TO YOUR PROPERTY!! Form No. OFFICE OF THE S - lTE ENGINEER GWS -25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 APPLICANT DALBO INC PO BOX 1168 VERNAL, UT 84078- (435) 789-0743 PERMIT TO CONSTRUCT A WELL LIC WELL PERMIT NUMBER 249771 DIV. 5 WD 45 DES. BASIN MD APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 NE 1/4 Section 26 Township 6 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 1250 Ft. from North Section Line 1800 Ft. from East Section Line UTM COORDINATES Northing: Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors In accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(I) and the policy of the State Engineer for appropriation of ground water tributary to the Colorado River system. 4) The use of ground water from this well is limited to drinking and sanitary facilities as described in CRS 37-92-602(1)(c), for a commercial business, being further identified as a commercial trucking business. Water from this well shall not be used for lawn or landscape irrigation or for any other purpose outside the business building structure. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The maximum annual amount of ground water to be diverted by this well shall not exceed 1/3 acre-foot (108,600 gallons). 7) Approved as the only well on a tract of land of 35 acre(s) described as that portion of the North 1/2 of the NE 1/4, Sec. 26, Twp. 6 South, Rng. 93 West, 6th P.M., further identified as 1250 County Road 319, Garfield County, reference attached exhibit "A". 8) The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 10) This well shall be constructed not more than 200 feet from the location specified on this permit. NOTICE: This permit has been approved for the use as noted above. This well is limited to drinking and sanitary facilities only. No other type of beneficial use is allowed under this permit. You are hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with this office within sixty (60) days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through 106, C.R.S.) yr. , '7, -- NOTE: Parcel Identification Number (PIN): 23-2177-234-00-160 CV(2,9/1.00_? NOTE: Assessor Tax Schedule Number: R024436 (totaling 160 acres) APPROVED DMW Receipt No. 9501460 4p L� State Engineer DATE ISSUED 04-28-2003 By EXPIRATION DATE 04-28-2005 , 'IHN G! '03 1E; 40 RIR FUBLIC SERVICE CO CO 970 244 2661 TO 8-1-4357899208 R.02 PUBLIC SERVICE COMPANY OF COLORADO' A NEW CENGERY ENERGIES COMPANY Tillmon McSchooler 253R Blinhmann Ave. Grand Junction, CO 81505 E -Mail Address - IlImon.mcschooler©xcelenergy.Com (970) 2442895 / FAX (970) 244.2861 APPLICATION FOR NEW GAS / ELECTRIC SERVICE DATE OF APPLICATION I hereby request gas and I or electric seMee for the site listed below. I uriderstend the following information is required to process my request: APPLICANTS NAME 17 n41,13- (IF BUSINESS) PRIMARY CONTACT 4.41 cit- RIc4 LtS TITLE Covdtr&L w - SERVICE ADDRESS 12 -so G ou IA rj 2'O 311 BLOCK — LOT — ZIP FILING SUBDIVISION CITY TL �L& MAILING ADDRESS CITY V eN'vkca HOME PHONE # — WORK PHONE # ' 35- i-oi,13FAX # OS= 761- r208 PLACE OF EMPLOYMENT — SOCIAL SECURITY # - OR TAX ID # — $POUSE INFORMATION: NAME — SOCIAL SECURITY # — EMPLOYER WORK PHONE# — troac ZIP„ %4oi? HAVE YOU HAD SERVICE WITHOUR COMPANY PREVIOUSLY? 4I -e 5 tD IF SO, WHERE? Q poi.I CONTACT INFORMATION: t*iENERAL CONT CTOR rut CAt- 17-' - 1 1 .u& PHONE # '-/3c- 7/9 - 0 7 ( ELECTRICIAN z -4 4-,- to &rtt PHONE # `✓'i 77 4- Conk, PLUMBER Pi sr s .ccs.,.- -Pt...-.Vj ,v. ( PHONE # 97o - t(33( -534P WILL YOU BE NEEDING A TEMPORARY/ CONSTRUCTION METER? y- 5 (UNDERGROUND TEIv1PORAR4' POWER FEE -6172 / OVERHEHG rtt - feta) IF SO, WILL YOU BE BUILDING MORE THAN ONE HOME WITH THE METER? — PERMANENT POWER UNDERGROUND (✓f OVERHEAD ( ) SCHEDULE INFORMATIO : FOUNDATION & BACKFILL ( DATE) YI+A-4 30, 2403 DATE GRADED (+ OR - 6") 5tavat, t, 1-151,3 ANTICIPATED DATE OF OCCUPANCY --,..(1 30 . 2-003 MODULAR HOME? ANTICIPATED DATE OF ARRIVAL .o r3e Je vn,AO' 0 R L( Etce( SQUARE GENERAL E INFORMAiIoN1.4 0 O SINGLE FAMILY ( ) MULTI -FAMILY ( ) TOTAL NUMBER OF UNITS L COMMERCIAL ('9- Slu-9 'A p(In ck- 69,0 4 0 PINK at'US 1b:41 FR PUBLIC SERVICE CO G7 970 244 2661 TO 8-1-4357899208 P.03 GAS LOAD INFORMATION: TOTAL NUMBER OF METERS FUEL LINE PRESSURE /{- ANTICIPATED NEED DATE SPACE HEATING (IN BTU/HR) 814 WATER HEATING (IN BTU/HR) DRYER ( ) GAS LOG ( ) GRILL ( ) RANGE ( ) SPA / HOT TUB ( ) OTHER GAS LOADS ELECTRIC LOAD INFORMATION; TOTAL NUMBER OF METERS I SERVICE ENTRANCE AMPS Z0-0 no 72-051 ANTICIPATED NEED DATE (TEMPORARY) MA.1 1,1-005 (PERMANENT) m a 7 3c, 2-et3 ELECTRIC HEATING (IN kW) N I4- SPA! HOT TUB,( --)— MOTORS OR PUMPS: SINGLE PHASE ( ) THREE PHASE (✓) VOLTAGE /IC / 1-0 $ LARGEST HORSEPOWER / 0 TOTAL HORSEPOWER 1-5 ATER & SEWER INFORMATID)x: in ANTICIPATED INSTALLATION DATE rf�t? P I i , ZOO 3 (MUST BE INSTALLED PRIOR TO THE INSTALLATION OF PUBLIC SERVICE FACILITIES) THE FOLLOWING STEPS MUST BE COMPLETED IN ORDER TO PROCESS YOUR APPLICATION AND INSTALL SERVICE: 1. Submit a site plan with the following: • Dimensions of the lot • Proposed meter locations (Meters should be located on the same side at the first 1/3 of the structure.) • How the structure sits on the lot • Obstructions • Water & sewer lines • Weil & septic systema • Driveways • Trees • Rocks • Fences • IrdgetIon lines • Other underground facilities • Changes in elevation 2. If the lot Includes elevation changes, submit en elevation sketch showing the side(s) of the building on which the meters will be located, Your signature is required as authorization to begin processing this application. AP 'L ANT'S SIGNATURE TITLE "THE CUSTOMER IS RESPONSIBLE FOR CONTACTING TELEPHONE AND CABLE TV FOR INCLUSION IN TRENCH IN ROADWAYS AND EASEMENTS. (CONSTRUCTION SKETCHES WILL BE AVAILABLE FOR CONVEYANCE TO THE JOINT FACILITIES.) ** TOTAL PAGE.03 *s' MATERIAL SAFETY DATA SHEET - POTASH Revision Issued: April 30, 2002 Section 1 — Product and Company Identification INTNTPIU MINING, (IC / P.O. Box 1208 / Moab, Utah 84532 Office 435-259-7171 reactivity MOAB POTASH Fax 435-259-7100 EMERGENCIES: CALL(800)424-9300(CHEMTREC) HEALTH EMERGENCIES: CONTACT YOUR LOCAL POISON CENTER Common name: Potash Formula: MCI Heal Synonym: Muriate of Potash Specific Hazard NEPA CODE Use: Fertilizer Section II — Composition/Information On Ingredients Chemical Name(s) CAS No. Exposure Limits % by Weight OSHA PEL TLV - 1WA STEL CEIL mg/ma ppm mq/m' ppm mg/m' ppm mq/m' ppm Potassium Chloride 7447-40-7 10* 95-99.8 Sodium Chloride 7647-14-5 10* 0.1-4 May contain up to 0.25% base lubrication oil and/or 0.03% neutralized primary aliphatic amines 'Based on ACGIH nuisance dust limits. Section III — Hazard Identification Potential Acute Health Effects: May cause irritation. Eyes and Skin: Mild irritation, especially in open wounds. Inhalation: Exposure to high dust concentrations may cause irritation of mucous membranes. Ingestion A large body load may cause vomiting, diarrhea, cramps, tingling in hands and feet, weak pulse, and circulatory Disturbances. Potential Chronic Lung Symptoms Health Effects: Carcinogenicity IARC Monograph No NTP: No OSHA: No Lists: Section IV — First Aid Measures Eyes: Flush with water, Including under upper Irritation persists. lower lids, for at least lb minutes. Get medical attention if pain and Skin: Wash thoroughly with water. Obtain advise if rash develops. Ingestion: Administer water if patient is conscious. Ingesting potash will usually cause purging of the stomach by vomiting. Get Medical attention. Inhalation: Remove to fresh air. If discomfort persists, get medical attention. Section V — Fire Fighting Measures Flash Point: Lower Explosive Limit: Unusual Fire and Explosion Hazards: None Not Applicable Auto -ignition Temperature: Not Applicable Upper Explosive Limit: Not Applicable When subjected to extremely high temperatures, it may release small quantities of chlorine gas. Extinguishing Media: As required for surrounding fire. Potash is non -Flammable and does not support combustion. Special Firefighting Procedures and Equipment: Wear full protective clothing and self-contained breathing apparatus. J Product Name: Potash Page 2of4 Section VI — Accidental Release Measures Small Spill: Sweep up and use as fertilizer if non -contaminated. Large Spill: Collect with appropriate equipment. If on a hard surface, sweep up residue with brooms. If on soil, remove and collect the top 5 cm of soil. Release Notes: Potash is highly soluble and can be quickly diluted below the toxic level by relatively large amounts of water. Potash Which has entered a small non -permanent pond should be removed by pumping the pond dry. If spill could potentially enter any waterway, including intermittent dry creeks, contact the local authorities. If in the U.S., contact the US COAST GUARD NATIONAL RESPONSE CENTER toll free number, 800-424-8802. In case of accident or road spill notify: CHEMTREC IN USA AT 800-424-9300; CANUTEC in Canada at 613-996-6666 CHEMTREC in other countries at (International code)+1-703-527-3887. Comments: See Section XIII for disposal information and Section XV for regulatory requirements. Large and small spills may have a broad Definition depending on the users handling system. Therefore, the spill category must be defined at the point of release by technically qualified personnel. [Section VII — Handling and Storage Ventilation: Local exhaust to reduce dust concentrations below recommended levels. Handling: Avoid generating dust by excessive or unnecessary movement. Storage:. Store in a dry location. Avoid contact with aluminum or carbon steel to minimize corrosion Section VIII — Exposure Controls/Personal Protection Engineering Controls: May be necessary to minimize dust levels. Personal Protection: Eye Protection: Use tight -fitting safety goggles in areas of high dust concentration. Protective Clothing: Gloves, long sleeve shirts and long pants. Launder work clothing regularly Respiratory Protection: NIOSH approved dust respirators until engineering controls are implemented. Other Protective Clothing or Equipment: Optional [Section IX — Physical and Chemical Properties Appearance/Color/Odor: White to red solid, fine to 4mm size, granules which may have a slight oily odor. Melting Point/Range: Solubility in Water: 77°C 357 g/L at 25°C Specific Gravity: 2.0 (H2O = 1) Vapor Density: Not Applicable Bulk Density: 1.98 g/ml pH: 8 — 9 (solution) Viscosity: Not applicable Boiling Point: 1500°C(sublimates) Boiling Point/Range: 1420 - 1500°C Vapor Pressure (mmHg): Not Applicable Molecular Weight: 74 % Volatiles: < 0.5 Evaporation Rate: Not Applicable 9 Product Name: Potash Page 3 of 4 Section X — Stability and Reactivity Stability: Stable Hazardous Polymerization: Will not occur Conditions to Avoid: None Materials to Avoid Contact with strong acid may produce hydrogen chlorine gas; contact with hot nitric acid may produce toxic (Incompatibilities): nitrosyl chloride. Hazardous Decomposition Products: None Section XI Toxicological Information Significant Routes: of Exposure Toxicity to Animals: Eyes, skin, inhalation, ingestion Oral LDso (mouse, rat): 1500-2600 mg/kg Special Remarks On Toxicity to animals: Based on toxicity data for another salt compound (i.e. potassium nitrate). Not expected to be toxic by dermal exposure as defined by OSHA Other Effects on Humans: None known. Special Remarks: On Chronic Effects On Humans: Not reported to be carcinogenic mutagenic, teralogenic or allergenic. Special Remarks On other Effects on Humans: None Section XII — Ecolo ical Information Ecotoxicity: 96 hour LC50 (rainbow trout) 201 Omg/L 12 hour TLm (aquatic plants) 1337 mg/L NEOL (aquatic plants) 0.6 g/L 48 hour TLm (daphnia) 337 mg/L 72 hour EC50 (aquatic plants) 2500 mg/L Environmental Fate: Toxicity: Degradation Dissolves in water and disassociates into K and CI ions. Will remain in solution until solubility product (350 g/L)reached. Ions may be absorbed by plants or by animals ingesting water containing potash. Non-toxic to aquatic organisms as defined by USEPA Chloride and potassium ions. Section XIII — Disposal Considerations Product Disposal: General Comments: Uncontaminated product may be used as fertilizer. Otherwise, dispose according to Federal State or Provincial regulations In a landfill approved to receive potash. Because of its solubility, potash should not be disposed of in a location where run-off will escape. IProduct Name: Potash Page 4 of 4 I Section XIV - Transportation Information uthorized Packaging: Notes: European Transportation: P Section XV - Regulato Information UNITED STATES: SARA Hazard This product has been reviewed according to the EPA Hazard Categories promulgated under Section 311 and 312 Category: of the Supertund Amendment and Reauthorization Act of 1986 (SARA Title III) and is considered, under applicable definitions, to meet the following categories: Fire: No Pressure Generating: No Reactivity: No Acute: No Chronic: No . 40 CFR Part 355 — Extremely Hazardous Substances: 40 CFR Part 370 — Hazardous Chemical Reporting: All intentional ingredients listed on the TSCA inventory. SARA Title III This product contains the following substances subject to the reporting requirements of Title III(EPCRA) of the Information: Supertund Amendments and Reauthorization Act of 1986 and 40 CFR Part 372' Chemical USDOT TDG - Canada Proper Shipping Name: Not Regulated Not Regulated Hazard Class: 313 No Potassium Chloride Identification Number: 7647-14-5 0.1-4 Packing Group (Technical Name) No No Labeling/Placarding: uthorized Packaging: Notes: European Transportation: P Section XV - Regulato Information UNITED STATES: SARA Hazard This product has been reviewed according to the EPA Hazard Categories promulgated under Section 311 and 312 Category: of the Supertund Amendment and Reauthorization Act of 1986 (SARA Title III) and is considered, under applicable definitions, to meet the following categories: Fire: No Pressure Generating: No Reactivity: No Acute: No Chronic: No . 40 CFR Part 355 — Extremely Hazardous Substances: 40 CFR Part 370 — Hazardous Chemical Reporting: All intentional ingredients listed on the TSCA inventory. SARA Title III This product contains the following substances subject to the reporting requirements of Title III(EPCRA) of the Information: Supertund Amendments and Reauthorization Act of 1986 and 40 CFR Part 372' Chemical CAS No. 7447-40-7 Percent by Weight 95-99.8 CERCLA RQ (lbs.) NA SARA (1986) Reporting 311 No 312 No 313 No Potassium Chloride Sodium Chloride 7647-14-5 0.1-4 NA No No No CERCLAISuperfund, If this product contains components subject to substances designated a CERCLA Reportable Quantity (RQ) 40 CFR Parts 117,302: Substances, it will be designated in the above table with the RQ value in pounds. If there is a release of RQ Substance to the environment, notification to the National Response Center, Washington D.C. (1-800-424-8802) is required. CANADA: WHMIS Hazard Symbol and Classification: Ingredient Disclosure List: Environmental Protection: Not controlled This product does not contain ingredient(s) on this list. All intentional ingredients are listed on the DSL (Domestic Substance List). Section XVI - Other Information NFPA Hazard Rating: Health Comments: None 1 Fire 0 Reactivity 0 Special Hazards 0 = Insignificant 1 = Slight 2 = Moderate 3 = High 4 = Extreme Section(s) changed since last revision: All, New Format and new ecotoxicity information. Although the information contained is offered in good faith, SUCH INFORMATION IS EXPRESSLY GIVEN WITHOUT ANY WARRANTY (EXPRESS OR IMPLIED) OR ANY GUARANTEE OF ITS ACCURACY OR SUFFICIENCY and is taken at the user's sole risk. User is solely responsible for determining the suitability of use in each particular situation. Moab Potash, LLC specifically DISCLAIMS ANY LIABILITY WHATSOEVER FOR THE USE OF SUCH INFORMATION, including without limitation any recommendation which user may construe and attempt to apply which may infringe or violate valid patents, licenses, and/or copyright. WORD/FORMSMSDS POTASH (b) (Revision Date 4/02) Mineral Rights Owner 1/2 Interest Bob Lazier P. O. Box 1325 Vail, CO 81658-1325 1/4 Interest Keith Johnson 756 County Rd 346 Rifle, CO 81650 1/4 Interest James I. Layne 12011 County Rd 320 Rifle, CO 81650 Account: Tax Year: Parcel: R222033 2002 217726200956 Account Type: Version: Area ID: Mill Levy: 48.442000 APR District: Estimated Tax: 124.98 Status: This Mill Levy is from the most recent tax roll 7. BUREAU OF LAND MANAGEMENT PO BOX 1009 GLENWOOD SPRINGS, CO 81602-1009 Assessment Information 8,880 0 8,880 9a 20020418000 022 A SECT,TWN,RNG:26-6-93 DESC: SEC. 22 E1/2NE, SWNE, S1/2NW, N1/2. DESC: SEC 23. N1/2, E1/2SW, SWSW, NWSE. DESC: SEC. 26. NW, N1/2SW, SESW. DESC: SEC. 27. E1/2NE, NESE,SWSE. DESC: SEC. 34. SENE, E1/2SE. DESC: SEC. 35. W 1/2NW, 51/25W. 2,580 0 2,580 SQUARFEET 0 1,480.000 0 Taxa 0 8,880 0 8,880 2,580 0 2,580 0 1,480.000 0 2,580 Garfield County Account: Tax Year: Parcel: Mill Levy: Tax: R247253 2002 217724300398 54.042000 503.12 AIRPORT LAND PARTNERS LIMITED 312AABCSTEA ASPEN, CO 81611-2568 000545 352 COUNTY RD RIFLE81650 Assns Account Type: Version: Area ID: APR District: Status: 20021232000 024 A SECT,TWN,RNG:24-6-93 DESC: SEC 13: SWSW, N2SW(NET 10.5 AC),SESW(34.27 AC), S2SE(61.99 AC). SEC 14: SESE, N2SE(54.24 AC). SEC 23: NESE. SEC 24: ALL EXCEPT 41.33 AC AS DESC IN 689/602. SEC 25: E2. 6-92, SEC 25: E2. SEC 18: LOT 4(43.42 AC). EXCEPT 12.26 AC AS DESC IN 538/997. EXCEPT A TR CONT 18.17 AC AS DESC IN 960/484. EXCEPT A TR CONT 43.63 AC AS DESC IN 1154/796.EXCEPT A TR OF LAND CONT 1.3 AC DESC IN LAND DONATION AGREEMENT BK1139/604 BK:0755 PG:0542 BK:0453 PG:0505 BK:0453 PG:0501 BK:1028 PG:0019 BK:1028 PG:0008 PRE:R024694 AND/THRU:& TO:R440001 Q ARE_'.E 19,270 40,680 59,950 5,590 3,720 9,310 0 1,169.030 0 9,310 t 19,270 40,680 59,950 5,590 3,720 9,310 0 1,169.030 0 9,310 Garfield County Account: Tax Year: Parcel: Mill Levy: Tax: R024436 2002 217723400160 54.042000 14.04 LAZIER, ROBERT T. PO BOX 1325 VAIL, CO 81658-1325 RIFLE Ass -�i 900 0 900 Account Type: Version: Area ID: APR District: Status: 20021232001 024 A SECT,TWN,RNG:23-6-93 DESC: SEC 23 THE S1/2SE & SEC 26 THE N1/2NE BK:0585 PG:0055 BK:1259 PG:66 RECPT:582197 BK:1259 PG:65 RECPT:582196 BK:0830 PG:0396 BK:0651 PG:0338 260 0 260 8•U EBF 0 160.000 0 260 Garfield County 900 0 900 260 0 260 0 160.000 0 260 Account: Tax Year: Parcel: Mill Levy: Tax: R247156 2002 217736200345 54.042000 587.96 �a} BENZEL LIVESTOCK COMPANY C/O BENZEL GERT 980 E SADDLEHORN ROAD SEDONA, AZ 86351 RIFLE81650 Assccsment Informati ids 37,500 0 37,500 Account Type: Version: Area ID: APR District: Status: 20021017000 024 A SECT,TWN,RNG:36-6-93 DESC: SEC 25 W2, SEC 26 S2NE, SE, SEC 35 E2, SEC 36 ALL DESC: 7-93 SEC 1 LOTS 1 (24AC), LOT 2 (24AC), S2. DESC: SEC 2 LOT 1 (23.65AC), E2SE. BK:0765 PG:0314 BK:1356 PG:667 RECPT:603808 BK:1325 PG:936 RECPT:596720 BK:1325 PG:933 RECPT:596719 BK:1325 PG:930 RECPT:596718 BK:1325 PG:927 RECPT:596717 BK:1270 PG:514 RECPT:584793 BK:1245 PG:865 RECPT:579403 BK:1228 PG:205 RECPT:575193 BK:1172 PG:813 RECPT:559284 BK:0974 PG:0333 BK:0964 PG:0604 BK:0964 PG:0602 SEVERED MINERALS: 8024-307-07-000,8024-310-07-000,8024-308-07-000, 8024-306-07-000 PRE:R024516 AND/THRU:& TO:R024517 10,880 0 10,880 0 1,991.650 0 10,880 tow. 37,500 10,880 10,880 Garfield County - r ,trj tjj 2/ I cAl ►►U DALBO Property Survey SEC. 26, T6S, R93W, 6th P.M. I w — Legend — 14t�rd Suwcye: y (435) 781-2501 180 North Vernal Ave. Vernal, Utah 84078 • W7/ ' / °� 281 ///? D.P.T. �// j/ ..yi rrr:rr:- 23 24 3) Ii N CO w °D z° cc 2 0 Z Z g„0 OoO OXO ce co 030-0 (3980 r»' Y.a o v .k..- UO, u1,[i3XoJa:, AIRPORT LAND PARTNERS LIMITED 312AABCSTEA ASPEN, CO 81611-2568 A, r...IfiL°li• \l°k"..bd'%.UMW (,14151,119 8.� V.S. LAZIER, ROBERT T. i/-/(0 0� I VAIPO L COOX 1325 81 58-1325 342 Y BENZEL LIVESTOCK COMPANY C/O BENZEL GERT ,y 2 u{ 980 E SADDLEHORN ROAD r ✓ SEDONA, AZ 86351 5 //////47,,r/,1%alf(/ ELEV 5915 (40D 488 APR 3 0 1992 Recorded at Reception No. drlock /� a1. .-- I WARRANTY DEED 1111SDEt;it,Made this 24th etar..r April 19 92 . between LAZIER -SILLS PART11 ERSIs I P of IIx • County ut Eagle Colorado. grantor. and IsOIIERT T. LAZIER 1146 Ranson Ranch Read wlnsekgaladshe.sss Vail, Colorado 8l6i7 and Stale of eorder. an. 830 PtcEM'C7 GARFIELD APR 3 0 1992 Slate Doo; Pea $ ?--ti Cii:V",'.nietty Foo of tx County of Eagle and State at Coh.tad!owe:•. !owe: WIT•NESSETB. That the grantor for and in considerationof the sum of - (S529,373.74) FIVE HUNDRED TWENTY NINE THOUSAND THREE HUNDRED SEVENTY THREE & '74/100'S-nciti.ARs. Ilte metlirl and aldflexney 111 which it hen'hy aekocnuidged, has granted. harrained, sold and conveyed. and by thew presents does grant. bargain, sell. convey and etrslirns. unto the grantee. his heirs rid a<signs furever. all thereat pmperry together with impnn•entenw. it any, situate, h he and being in the C"‘"")"4 Garfield and State ofCohn:rb.ksroladssfollow s, As set forth in the attached Exhibits "A" and "R" incorporated herein by this reference a:: if set forth in their entirety. as known by snort ail urnthei as: IOGR1111:H with all mil singular the hereditanynls anti appurtenances thereto Irlsrw•iny. ill in ails wise al'prrtaining. and the resenron and remer%NMS. remainder and Win:mulcts. rents. nave, AM profits therm,. ail all the estate. light. title. intenai, clams and rknlatd *themes r of the grantor. either in law or equity...1', in sod In the about bargained prem{. es. w th the hrrcdilaments and appurtenances_ TO IIAVE AND TO 111)1.1) the said premises alunc bareairted Mol desrnlyd, with the appunena Ys. 1111111 IIe res rr c, his tel,, and know. Anel the granta% far himself. hu heirs, and per anal teprevtaalives. does cmrnnnl. giant. bargain, and vet: nr and ohh the grantee. his heirs and . +signs, that at the line of the ensealing and rklicay of these presents. hr it snail seized ratite premises absne crmsesetl. has tinct. sure .1x11 itci. absolute ald indefeasible edam of inheritance, on how. in fee sinrplc. and has gond right, full paler and laxiul and:m. yloyn.r11, hatpin. sell and [nosey lite saint • in manner ant fano as aforesaid, and that the sante ire free and clear from all finer and other gnno, b:ngahns. sales. liens. lases. assessments. .I encumbrances and restrictions of whatever kind or nature sort.',. eseepl :I for general taxes and assessments for the year 1992 and subsequent years, and subject to easements, reservations, restrictions, covenants and rights of way of record. The glacier shall and will WARRANT ANDisORI'VER 101.E 0the dant •lurgainedprennisea in the quiet and peaceable ps..nessismal the grantee. his heirs and assigns. against .dl.hnd cscty person a pn•om lavelntly clanning lex whole or any pan thereat The srngulat immhe, shall include the plural. she plural the singular. and Cl..' one of any gender sh.h9 he sppbcable In all genders. IN I 'l1 lb:SS R'IIERE' IF, the gnmm has es,ent d ltd deed on the dine set forth abate. Lazier- y H. a General Partner R•h• t T. 1! tacrship� ' jj` l r, n General Partner:: STATE OF C(It.1)HAI)O County .n Eagle I ss. The fon•gning instmnxm osis acknowledged before me this 24th day ur Apr i i . 1+192 by Robert T. Lazier and Jimmy M. Sills as General Partners of Lazier -Sills Partnership. My commission expires ssssss,V n.fnfl::ryl -Jet Expires ` G • 1;' ill ht j� tnit+' S44, 1912 4605ri.,tdb"sup Rd. ``'4f o 6}657 "e,ieyup .1) Wit rttRd-. 19 . Witness my hand ant Oficial scat. No. 9.12A. Rev.? 14, %sok A v rr M 17t Illi I1ia.ar.M•Ir amoral ltr.rCl.ndl'.trin.i..i. hat r' 'ran SI It..rl.errratn7 _.`onto .''r.,_tar SPC- FZHIBIT "A" (ATTACHED TO AND MADE A PART OP WARRANTY DEED DATED APRIL 24, 1992 BETWEEN LAZIER -SILLS PARTNERSHIP AND ROBERT?. LAZIER) BOOK 830 PicE3 7 A parcel of land in the SE1/4SW1/4 of Section 25 and the II1/2NW1/4 ar.1 the S1/2NW1/4 of Section 36. Township 5 South, Range 90 West cf tha 6th P.M., according to the original survey on file in the Surveyor General's Office in Denver, Colorado, dated February 13, 1884, Said Parcel being more particularly described as follows: Beginning at the South one-quarter corner of said Section 25, a bras:; cap set in place by the Garfield County Surveyor in 1954; thence South O1017'28" East 748.11 feet to the North boundary of th._ River View Subdivision as amended; thence along said boundary line North 85°33'17" West 2.18 feet; Soutn 82°07'03" West 44.85 feet; South 59°59'00" West 73.43 feet; Sout: O1°01`00" West 339.22 feet to a point on the South right-of-way line of Old County Road as best evidenced by a fence line existing at tha time of Survey; thence along said fence line the following courses: North 64°38'24" West 161.18 feet; North 73°51'31" West 184.96 feet; South 84°07'34" West 287.53 feet; thence leaving said South right-of-way line South 24°15'15" West 2.6:: feet to a newly constructed fence corner; thence along said new fence line the following courses: South 05°20'13" West 9.98 feet; South 03°30'04" East 250.45 feet; South 06'08'38" East 131.21 feet to the Northerly right-of-w:.y 1Lne o_ U. S. Highway 6; thence South 86°59'54" West 169.42 feet along said Northerly right-of-way line to a point on a newly constructed fence; thence North 06'52'50" West 320.24 feet along said fence to a point; thence North 52°15'09" West 19.63 feet to a point on the Southerly right-of-way line of the Old County Road; thence along said Southerly right-of-way line South 68°23'54" West 78.06 feet to an existing fence line being the best evidence for tin location of the Old County Road Southerly right-of-way; thence along said existing fence line the following courses: South 69°07'27" West'188.97 feet; South 60°56'30" West 134.00 feet; South 63°48'56" West 139.43 feet; South 57°47'57" West 18.57 feet to the Northeast corner of a parcel or land described in Book 354 at Page 119 of the Garfield County Records Office; thence South 57°34'00" West 119.85 feet along the North boundary as described in said book and page to the centerline cf Canyon Creek; thence along the centerline of Canyon Creek the following courses: North 13°58'26" West 206.76 feet; North 13°19'13" East 256.93 feet; North 08°00'17" Wert 233.05 fret; North l4°09'31" East 279.i'9 fc.t; North 01°22'52" (Cast 162.1.7 f'• ^t; North 20'47'54" Fest 92.71 fe..':; CONTINUED Cu PAnE 2 . . BON 830 NcE398 F.XIIIBIT "A" - CON'T thence leaving said Creek centerline along the South boundary line of a parcel of land described in Book 563 at Page 586 of the Garfield County Records Office South 86°31'08" East 230.07 feet; thence along the East boundary line of said Parcel North 00°36'16" West 92.85 feet to a point; thence North 10°45'32" East 104.12 feet to a point; thence North 12°54'49" East 195.09 feet to a point; thence North 01'30'05" West 174.98 feet; thence North 10°59'32" West 351.50 feet to a point on the East boundary line as described in said book and page; thence North 00°36'16" West 40.56 feet along said East boundary line; thence leaving said East boundary line on a bearing of North 78°10'50" East 49.58 feet to a point; thence North 01"05'39" West 460.06 feet to a point on the North line of said SE1/45111/4 of Section 25; thence North 89°24'49" East 1196.97 feet along said North line to the North-South centerline of said Section 25; thence South 01°02'25" West along said centerline 1310.33 feet to the S1/4 corner of said Section 25 being the Point of Beginning. EXCEPT those portions described in the following recorded partial releases: August 24, 1984 in Book 655 at Page 216: 1. A11 of that certain real property described as "Common Open Space", "Public Riparian Area" and "Open Space -Wendy Sue Park", as shown on Final Plat of the Canyon Creek Estates P.U.D., recorded as Reception No. 345425, Garfield County Records. 2. All roads including Shane Lane and Shelljo Final Plat for Canyon Creek Estates P.U.D., 1, supra. 3. Any and all easements, including drainage, well and water easements and general utility the Final Plat for Canyon Creek Estates Paragraph 1, supra. 4. All property, both real and personal, related to the provision of water and sewer service to the Canyon Creek Estates P.U.D., including, without limitation, the "sewage treatment plant site" and "well and water casement" as shown on the Final Plat for Canyon creek Estates P.U.D. described in paragraph 1, supra; further including without limitation, all water and sewer lines, pumps, lite stations, sewer and water treatment faciliti, associatede, storage tanks and any and all other facilities therewith. Drive as shown on the described in paragraph road, access, sewer, easements depicted on P.U.D. described in CONTINUED ON PAGE 3. 3744:3\ Li iJ 3 Ply! US C -c- 37 •�i 3 tuff 830 ?!e:399 EXHTDIT "A" - CON'T August 24, 1984 In Book 655 at Page 218: LOT 43 CANYON CREEK ESTATES A PLANNED UNIT DEVELOPMENT .County of Garfield State of Colorado August 12, 1987 in Book 718 at Page 862: TRACTS C, D AND F THIRD AMENDED PLAT OF CANYON CREEK ESTATES, according to the recorded plat thereof County of Garfield State of Colorado November 3/1987 in BOOk 723 at Page 979: LOT 19 BLOCK 5 • AMENDED PLAT OF CANYON CREEK ESTATES County of Garfield State of Colorado February 2, 1989 in Book 748 at Page 543: LOT 14 BLOCK 4 AMENDED PLAT OF CANYON CREEK ESTATES County of Garfield State of Colorado July 26, 1990 in Book 784 at Page 570: BLOCK 4, BLOCK 1, LOT 2 AND 4; BLOCK 2, LOT 5 AND 7; BLOCK 3, LOT 8; LOT 12 AND 13 AND 16; BLOCK 12, LOT 44; BLOCK 13, LOT 51 AND 56 AND 61; AMENDED PLAT OF CANYON CREEK ESTATES county of Garfield State of Colorado December 12, 1990 in Book 794 at Page 864: LOT 10, BLOCK 3, LOT 48, BLOCK 12, LOT 49, BLOCK 13, LOTS 55 ANO 57, BLOCK 15, AND LOT 63, BLOCK 16 CANYON CREEK ESTATES County of Garfield State of Colorado CONTINUED ON PAGE 4. • • . ' (page 3) September 3, EXHIBIT "A" - CON'T 1991 in Book 812 at Page 681: LOT 45, BLOCK 12; LOT AMENDED PLAT OF CANYON County of Garfield State of Colorado 50, BLOCK 13; LOT.17, CREEK ESTATES March 26, 1992 in Book 826 at Page 895: Boa 830 elez400 • BLOCK 5; LOT 18, BLOCK 5 LOT 3 CANYON CREEK ESTATES A PLANNED UNIT DEVELOPMENT According to the 3rd Amended Plat recorded June 3, 1987 as Reception No. 382480 County of Garfield State of Colorn•10 as known by street and number as: 45855. Highway 16, f3 Glenwood Springs, CO 81601 LOT 47 CANYON CREEK ESTATES 3RD AMENDED County of Garfield State of Colorado LOT 9 CANYON CREEK ESTATES A PLANNED UNIT DEVELOPMENT According to the 3rd Amended Plat recorded June 3, 1987 as Reception No. 382480 County of Garfield State of Colorado as known by street and number as: 9 Shana Lane, Glenwood Springs, .CO 81601 LOT 46 CANYON CREEK ESTATES THIRD AMENDED County of Garfield State of Colorado 88Cx 830 PiCE4G1 EXHIBIT "B" (ATTACHED TO AND MADE A PART OF WARRANTY DEED DATED APRIL 24, 1992 BETWEEN LAZIER -SILLS PARTNERSHIP AND ROBERT T. LAZIER) The South Half of, the Southeast Quarter (S1/2SE1/4) of Section Twenty -Three (23) and the North Half of the Northeast Quarter (N1/2NE1/4) of Section Twenty -Six (26) excepting therefrom that part conveyed to the County of Garfield for road purposes by Warranty Deed recorded June 10, 1910 in Hook 79 at Page 588 at Reception No. 39677, all in Township Six (6) South, Range Ninety -Three (93) West of the Sixth Principal Meridian (6th P.M.). Together with twenty (20) shares of the capital stock of the Loesch-Crann Dilch Company, warranting that said stock is freely assignable for the use of the grantee upon the above-described premises. ®®®®®®®®o ®®® ;1'4 i;•;;;;'ii; i';1 6< 1 Z 6unu!o1py 04/30/2003 07:11 970945072.. BLACK JACK CONSTRI) PAGE 32 April 30, 2003 L Robert T. Lazier, am the owner of a 160 acre parcel of property in Garfield County, CO., also known as Parcel # 217723400160. A contract to Buy and Sell Real Estate has been duly signed on March 24, 2003 to sell to Dalbo 35 acres of the above mentioned parcel. A. condition of the sale tq Dalbo requires them to receive from Garfield County a Special Use Permit on the 35 acres for their business. The request for the Special Use Permit is for the .35 acres Sy. j Upon the granting of the Special Use Permit from Garfield County. Dalbo will purchase the 35 : •. = • arceom me. The 35 acre parcel will then be split out from the 160 acre parcel. See Attached 35 Acre Legal Description April 30, 2003 I, Robert T. Lazier, am the owner of a 160 acre parcel of property in Garfield County, CO., also known as Parcel # 217723400160. A contract to Buy and Sell Real Estate has been duly signed on March 24, 2003 to sell to Dalbo 35 acres of the above mentioned parcel. A condition of the sale to Dalbo requires them to receive from Garfield County a Special Use Permit on the 35 acres for their business. The request for the Special Use Permit is for the 35 acres only. Upon the granting of the Special Use Permit from Garfield County. Dalbo will purchase the 35 acre parcel from me. The 35 acre parcel will then be split out from the 160 acre parcel. Robert T. Lazier See Attached 35 Acre Legal Description DALBD, IJvc' Property Survey Located in the NE 1/4 of Section 26, T6S, R93W, 6th P.M Garfield County, Colorado 0 0 N 0 0 N n. SCALE ORIGINAL DESCRIPTION SECTION, TOWNSHIP, RANGE: 23-6-93 DESC: SECTION 23 THE SOUTH 1/2 SE & SECTION 26 THE NORTH 1/2 NE BK: 0585 PG: 0055 BK 1259 PG: 66 RECPT: 582197 BK: 1259 PG: 65 RECPT: 582196 BK: 0830 PG: 0396 BK: 0651 PG: 0338 SUBJECT PARCEL DESCRIPTION A 35.00 ACRE TRACT OF LAND LOCATED IN THE NORTH 1/2 OF THE NE 1/4 OF SECTION 26, T6S, R93W, 6th P.M. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NE 1/4 NE 1/4 OF SECTION 26, T6S, R93W, 6th P.M. (BEING 1981 BRASS CAP LS 15846) FROM WHICH THE EAST 1/4 CORNER OF SAID SECTION BEARS S00'56'57"E 1316.52' (BEING A 1974 COUNTY SURVEYOR CAP), THENCE 589'40'29"W ALONG THE SOUTH LINE OF THE NORTH 1/2 NE 1/4 OF SAID SECTION 1893.65' TO THE EAST LINE OF COUNTY ROAD #319; THENCE N25'25'05"E ALONG THE SAID ROAD LINE 400.00'; THENCE N89'40'29"E PARALLEL TO THE SAID SOUTH LINE OF THE NORTH 1/2 NE 1/4 395.88' TO THE WEST LINE OF THE SAID NE 1/4 NE 1/4; THENCE NO1'00'11"W ALONG THE SAID WEST LINE OF THE NE 1/4 NE 1/4 661.73'; THENCE N89'40'29"E PARALLEL TO THE SAID SOUTH LINE OF THE NORTH 1/2 NE 1/2 1322.20' TO THE EAST LINE OF THE SAID NE 1/4 NE 1/4; THENCE S00'52'02"E ALONG THE SAID EAST LINE OF THE NE 1/4 NE 1/4 1022.03' TO THE POINT OF BEGINNING. BASIS OF BEARINGS IS THE EAST LINE OF THE SE 1/4 OF SAID SECTION WHICH IS TAKEN FROM A GLOBAL POSITIONING SATELLITE OBSERVATION TO BEAR NO0'47'14"W A DISTANCE OF 2634.01' (THE SOUTHEAST CORNER OF SAID SECTION BEING A 1981 CAP LS 15846). CONTAINS 35.00 ACRES MORE OR LESS. aa$&x. C4. 4UUJ5: 4': U4YMf7r -g XM & CO GLEROOOD 9A'Cp '70. 6522 h ; BR 3ray 6 co. Raaltora/GMAC Real [state 1429 Grand AOtnaa finita 5.01 Glenwood Springs, CO 61601 Phone: 970-915.4426, Dim 970-945.4026 By: Signature Listing Btokevftnn: 8d¢Y 4 Cempanv cnlurpiaa. aNac ase uce 9earlaaa \ ,9 C (Name ofBrak /Fire) By. �-�P•C .tvw signeagre y�fn L'Iatipg Btoker/Fum'a A Mag Ave., G .coq -9p mar CO Llating Bmkar/Fint's Tekphoro No: 970 545lc24 htiMBrokonTi>m'1Fix No: 970, 945 402' ,. .._ 3.7ail1i. 3 nm mammas er MOM Asn LLnpds6 gtaa'Aaasts ORI ces a.aq, cardiac a ay rc SM AS Can Neom VAS- ewe- Ramie Wan tit e e oamnRaM ReilFa1A won Odom. Ywa e,11, sear., Raamsrod w M Onto. ads ACa Pa at4AC RV ISM aaYMq 4 54161 anew FM 6 atI 3477L7-44 Stilled portions of this form have been apprmrod by the Colorado Rd Estate Canouraion, (CSS 3-9494 Barts re, /;;q)5 J.4 ;Ydt9- IHAY 6 Lu GLE111800D Bryn .3rsy i Co. Nesnore/QMAC Real Estate 1429 Grand Avenw Sults 103 Glenwoed Springs, CO 91801 Phone: 9704464825, Fax: 910446-4025 10. 5522 2 e3 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTRER cODNBEL WE7ORE SIGNING. CONTRACT TO BUY AND SELL REAL ESTATE ('VACANT LAND - FARM - RANCH) (CASH AI CLOSING) Date: Hertel 2i 2903 1. AGREEMENT Buyer %gees to buy and the undersigned Seller mem le sell the Proptty defined bets e an the tars end conditions set forth In this contract 2. MEFINED'MEA11ts. • Bever. Buyer, Delbo, Inc. v'UI aka tidete the real property deactlad below as O mat tmub C Team De Camas O rhe WI b. ? nest. The Papery Is the following legally deteribed red estate: A 33 acre parcel to ea taken out oft the SE corner of see. 23 the 81/23f 4 See. 21 the 111. /DIE of Tar, A9311 et the 6th P.N. a oereplete legal to be provided upon receipt of a beeadary survey by Saarrov Surveying. in rho County of Garfield Colorado, commonly !mown u No. tS0 County Road 319, Aisle, CO 11150 Street AddsCilY Sate EIS �sjs eaammr a, ie, bbenefits,lmpevemeom sad amfarce ehed s appsra taam, all 1 of Seller In vacated swim and cams a bank ®luted. c Item No, Rdsteaa: Evora Deo or Deedda 1 (Sts Lora Apptlo®on Damao nae 2 4 Sb Lean Commitment Deadline a/a 3 §5c BuyWFA Credit Informants Deadline nig d 455 Disuproa'aloi Burn CrdftDeadline n/a 5 4 Sd MMus Loan Dxumet Deadline era f 4 Sd 42(dsttlm a Exiting Lan Deadline n/a 7 4 5d Approval of Loan Transfer Danner rats d 4 6a App-aisal Deadline nit 9 17n Title Death= April OS, 2001 10 57a Survey Deadline Mail 24, 2003 11 17h Dooammtt Unions DnAa¢ APIA! Oe, 2003 12 A ,r Le Title Objeanon Demand April 12. 2003 13 4 ab Off -Reread Mesas Dreams mason 21, 2003 14 4 gb Off -Record Maw ObjeetienDea April 04, 2003 15 4 10 Sellers property DuelagDe Deadline :eh 16 110% Objection Deadl s h/a 17ser' 5 1nb Rue Deadline n/a 18 411 Closing Date Jens 24, 2003 19 4 16 Profession late date of closing 20 4 16 Poletaien Time time or elosiny 21 4 28 Annuls= Declass Deas mirth 25. 2003 22 4 26 Amepaau pewee Ti ••• 5:00 p.n. n/a n/e ala are nae n/a nae D/a ;a n/a n/a n/a d. a/a Ataaa:sea The following ahs'bib, ataebmmb and addenda me t pm of Tits contract • ADoo e".111v e(Turaa. A cheek or sbpl)u mark in a box means dui root proyblon Is applicable. the abbreviation 'reA" mane not eppiicabTa 3. INCLUSIONS AND EXCLIjMJGIJGA c a. The Purchase Rha Includes the fofmvlpg Items (Incluaiam): (I) ranee. If attached to the Property OR net dare of this ammam, notion, hating_ p mba& ventilating. and air conditioning fixtures, Inside telephone *king and eanneatlhg blacks/jacks, plots, min floor eovamgs, inlmoom systems, sprinkler systems and aonnb; and 9a4Gaean al mann Lr • i rsect masa a.oaSs CM C8S3.980. COtAs to buraaam AW gab tints Fane. Fre-Roam Cobem SI has Con se Aeue I&e*.n. apes, sten 1.1t Sees Sante Ary assts, bre a ba Rmef'msat earl pass eupdd ZUL41 SIM MGM 111. ___pax. 4. 'A? 2r (30 UNW00D SNYDD ).:5522 ?. j: 30 n/e . — (2) Otte %den p. If on the Prepay when aeuhed or not oo the dabs of this oom.d: atom windows, scam doors, wrodow ud porch ahade4 mamp, blinds, eaeeal, wino* owmieds.p is% rods, &pay rode. Slangs sheds, and all keys. Chale box if Included: 0 9ae►dlfn Paatea41, 0 Smelo 4yemc5 and e/a (3) Inds nate. With mop= to rade 8mrte, Sella ad Stow agem as !igen: n a .— y0 Water Mehra. The&Doerng lewdly described Ana nabs: n/a (S) Grawha Crop-, With respect to the growing sopa Sells =dinner ogee t Conan: nL_ b. losmastals Trsmfao The Imhdions an to be conveyed at Closing tree and dao of all gas, liens end =cumbrance!, except u provided is f 72. Cemngmss stall be by bill of ale or other eppliabie legal bistmmenCs). My water iig1N dull be ceneyedby nL3_ , deed or other eppllable legal Inst mvml(e)- S. Exclusion. he falx log ttaned fiaaaa .: minded .... this one I. pnbaust PRICE AHB3R8h1®. The Madan Price ser -. • ,� bolo. ehaU be • . in US. DelLti by Boys as Moine 1411 714;.— IBdexyee terra I f <... — Recast Rive �_ ----. _A .�4s ._ ITElli Mona 3 : �/b .__ Ncw Lam FT—� A�aOpdm Bahner I .1.4.1°- s14d _.. Sella or Prism Financing �6 — doe at Cloeteg l yAL Anent 225,000.00 16_000.00 a/a o/a _ . - a/e 210,000.00 S 225,000.00 S 225.000.00 • );brat Mamas The Enna Money tat tbtth Inn Sutton, in the Sam of ala fends ispeotpeyment oldie Purchase Price and shall be noble to and had by Inv i Company columbine , to in mist macro: , an behalf of beth Seller and Buyer, The parties authorise delivery of the Earnest Misery decade to the Closing Company, if any, at or berm Closing. b. New Lau. (Omitted . Not Applicable] c. pnea ams. (OJ • Not Applicable] ,,,a� Lumpy 'es applicable wanApplies/del e funds .. at m amounts d by at Glades m g ah t Closing, plus Buyers dosing coca, shall be talkie neck and cable' check (Cloud Font). o ]ave, alt include cash, electronic tttmaL4 Mas, cmtf6d ehadr, savings bed lam S. /INA NC INC CONDITIONS AI9OBIJGATION4 a ]An .nollenoz(Ordee�fi• at Applicable] b. Poen Cgqmmmfsau printed -lax Appllcabi] c. Candi iaAnaatios, [Brained. Na Applicable] 4, Ennio len Reda. [Omitted - Na ApplSW e] 4. AteRAlSpALPROVISIONS. a. aryereta have theAFCanaan, This a W ( S subsection CSled Not apply. (e option MI elation to t ifle this amend if the ?anthem Ayre Gaaads the Propenyt valuation deo:mined by an appals: engaged by n/a The oodtred till terminate by Doer giving Sella written notice of termina too and Ota a copy of such append antes notice fora titer 'hint coafaa the Pnopety'a velotaee is lea than the Pwveyan Price rveaved on a before the Appaabal Donne (4 24 If Sella doss not nfelat ads wttno notice of tuminedea on or before dee Appraised Deadline (g 24 Buyer alias any right to terminate maim this subsection. b. Cost at AsenMal- Cast of any appraisal to be obtained albs the date of Isis oxen shell be timely paid by 11 Sayer l_: Seller_ 7. EVIDENCE OF TITLE. a. Evidence of TIfar Sarvsy. On or balm Tide DadHee (J 24 Seller shall awe to be fimisbd to Buyer, at Spilka expense, a current 00etutmot for oweere this Sona policy in on can equal to the Purchase Price or if ars box is slacked. An Aatnet of title citified to a curiae data, 1f a title insurance cetnmloams u famished, it ® Shag O Shall Net commit to ddde a inmwo ova she easndad eveerwi,w which nue ter (1) parties memulsion, 9) n.eadd Mammta, (3) surrey maesti, (d) toy unrecorded meehmia' Ilett, (5) SR period Whalen due of Oanantmpnt so Sc deed ie teeetdad). and (D unpaid tura aa/eetmenm smi unredeemed to tea pier to the year of Closing. Any additional premium *pude to obtain this additional coverage dell be paid by ® Beyer ❑ sew. M unman not 10 aced S 'sac Aeon—rob". fa S cost of any impae.e>nmt Iaoeino artfieue or survey stall be paid by) Boyar C Seller. If rhe cot neat this mount. nuvor shall pay the ram on or [nae Closing. The imprwaeem loatin certificate of rune/ shall be rseeived by Buyer of or before Serve,. Dendrite (3 2e). Sella shall as gate title hummce policy to he dsltvend to Buryor as soon as practicable at or after Closing. b. Cosies of treetbus. On or before TMs Dante (§ 21, Sellar, et Seeds orponeo, shah furnish to Buyer, (I) a copy of any plats, declarations, conning, conditions and roeaidfoa btcdanag the Freya% and (2) ifs title imam commitment is tequire:Ho be famished, and if this box is checked ® Cop(* shay Other Dunmore (or, if illegible animafim of sect doarames) luted id the schedule of atapdom (8xoeplione). Bva if the box is not chadaad, saw stun have the obligation to knit thea Mallard to this Menial= if regmmd by Buyer soy time on or before the Denman 6gaet Duals (4 2c). This requirement shall pertain only e0 documents as shown of maul in the ghee of the clerk and recmdt(s). The a Sew or di). **most' commimlaa, together wit any copies Of MOMS, of such documaea fished inseam to this Sectio, connione the Una doammb Tele Doommta). 8. TCELE. a. Titre Reye. Buyer shall Bente riyst to ism the This Dmmeea written notice by Buyer of uaonaduntsbfep' of title or of any at,. unuanfactory tide emdhion shown by the Dde Deonaen s shall be signed by or on behalf of Buyer and given to Seller on or before Title Objection Insults (.120, or'ithm fife (1) aNndbr doe ager receipt by Buyer of any Tide Domsmet(s) neeaam BY cath: Jun I. anww, Breen saran 0• Cie nen ewaele buy eed Sell Rete Eerie Memel tans -pen,. Orae} Caeaee mud naw creme ere Rufleetaw 'So��ft�en, moon Name.. net neMaa RaehS t,b: a aversta aICa ReaamaCMRAM at Rtime ee'M.I ir • NAACO *15:50 yawiare • 3314P.a. Ci. CUUJg J: 7CrY.97o',!mmAY & CU G LENROOD 9IVDD NO. 6522 W. 4 35 s endonem=gs) 'adding new E:apeet(s) to dee title comuismos together tab a copy of the Title Deer=e while! new Exee$oo(s) to tide. If Seller does not rtccive Btpeas native by the date(s) spatted theme, Soya accepts the eeodidm of tide a dteeke d by the Title • Dowmene u catlafiamy. • D. Mallard net Shan by the Able Rat. Seller 1511 deliver to Bteg ea or before OSRmord Mesas DedE= (§ 2o) title copies of WI 1-c(e) and ninvy(e) in Seibert pommies pammmg to the RepeIy and toan dholoae m Soya dl ouemettta, Ilene es other dde mem not shown by the public *wards of which Seller hes amid Leasee c. BINr shall have the rigid m mOpsc the Property to determine if any Mind psny(h,$) hes any right In the Property art Mom by the public rerda (eruct u eo eenceded easement. voracoeded Ins; or bounds= lino disaopamy). Weimar pedes of any tmsds9acsy omdi am(O dSload by Seller or revealed by Inch burette. shall be Aped by or on behalf of Buyer end given to St on or befhtt OS -'*sward Neaten Objeadoe Dsadliee (4 2e). If Seller doe net the &gar's notice by said date. Bunt este tide tobjeet to hags tii*t, If eV, at third panda of which Buyerim eaml knowledge e. Spade Tam- DM** SPECIAL TAXING DI$WCTE MAY BE SUBJECT 70 GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON TU TAXABLE PROPERTY WITHIN SUCH DISTRMS. PROPERTY INNERS Di SUCH DISTRICTS MAY fl PLACED AT RISK FOE ' INCREASED MILL LEVIES AND EXCESSIVE TAX RURDINS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE mangy OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYER SHOULD INVESTIGATE THE DELT FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION DNOtBtEDNEHS OF SUCH DIsTRICIS, EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH INDESTIDNEM, AND IRE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES. in the event the Prorate Is loosed within a medal toeing dioMer and Buyer dein to =minus this contract as a reach, if : wrttea nine is remivcd by Seller on or before oeRemrd Man Objects Dmmise (§ 2c], this myna shall thea terminus If Seller data not main Buyers notice by such date; Buyer agape the e}far of the Properys meted= in suet special rig disbiet(s) • and waives the tight to so terminate. d. NEM b Caere If Seller notdnt notice of ormathearahllity of title or my other imudafeotety tie eordni=(s) or commitment terms as pro.idad in § I e orb above, Sao shall use reemable sift to cents said it® and heir prof until expense to coma the same prier to Closing If soch etudrfimoey tide rmdldon(e) ere no corrected em Or before Qedng this consul than then lennmate; provided, however, Bayer may, by Cu notice received by Mier. m or berme Clmgg, waive objection to such tmmat e. Title Adyern. The TMe Documents dal= the MIS wnrn14 and we of lbs Property end should be wined carefully. Addidtasfy, oilier malts not rafltemd to the Title Dement may affect the tide, owoemhip and tee of dui Prapcny, including without 1®itsson boundary Dna aid momelenente, ru, mins, unrecorded easements end claims of sesmsmb, )oases mad other unrecorded agreements, and nits laws and gmvnmenlal ngdSees concreting lend nae, development end m,aonml mmmn. THE SURFACE ESTATE MAY BE OWNED SEPARATELY FROM THE UNDERLYING MINERAL ESTATE, AND TRANSFER OF THE SURFACE ESTATE DOES NOT NECFSSARdY INCLUDE TRANSPER OF THE MINERAL RIGHTS. THIRD PARTIES MAY HOLD INTERESTS IN OIL, GAB, OTHER MINERALS, GEOTHERMAL ENERGY OR WATER ON OR UNDER THE PROPERIY, WHICH INTERESTS MAY GIVE TRIM RIGHTS TO EMIR AND USE THE PROPERTY. Such marten mew be excluded from the nide imam= policy. Buys is advised to timely coma Iv! rtmus with taped to all Ugh roamers as then are mitt Se B=ID provided in this eoneaet (ab. Tide Objection Duna [6 2oj and O&Raee d Mitten Obis/goo Deedless (§ 2e)). 9. LEAD-BASED FAINT. Unice' mann, if the huptyvamam ea the Avert: include =e or more neisModd dwellings) for whltda a bonding permit vote issued prior to Janewy 1. 1971, the Correa shah be veld tmku a eeephpd Lad -Bead Paiol Diselo$n (Salm) farm b signed by Seller end the required real nam !banes(.), wbeb arms acne prior to dee rim Wining this Doom • It t9OFL1(T'y DISCLOSURE VII)1NSfrnoN. on cc before SAsra Pn(eda pernt Dsare Thant (6 2o), Sailor omenta elide 7 era with a wAmm disclman of =vase mamas regndmg the Property completed by Sett bbest the of Senora curknewledge I. Je esdon Objects NimimpeA51()plsyiral =edition of the ,T hyper shall hove the to have t ofe the di crerty and SoyIbela-shall, n orBbefore reema V the physical Daman (of§ the or Iodusiom is tmsi6fict discrete" Buyer shill,=nc�fete fee�erba Objeetsee DusBtas(§2e);A�y aryaBuyar's "objective (I) notify Sett in writing that this owned is terminated or • (2) provide Seller with a wise' description of thy smsfitAaory physical condition ah(dl Boyer ya uh= Seller to sena (Notice to Const). It written notice Is not received by Seiler on a hare l apsedes Objection Duthie (6 2o). the physical condition of the Property and Inclusions dull be deemed to be sedsfaaaym Buyer. b. • E ie adee Deeply If a Nodes to Comas is received by SaDw and if Buyer and Seller have net aged In writing to a setdsmat tend = or before Eno Sea Deadline (g2e), dile e=nact shall tamlnam are cehmdat day following the Resole/km Dndlme, unka before sucLhhab®IDsdon Seller receives Buyda Whim tvhhdated of the Note to Coffee. Try otherwork performed Buyers ladatndp. Buyer is responsible for prams 1tr all i specti ns, smyrys, ennioesmg Mane or for any Etre erfoshalnet � rating and shall pay for dmar VAb oozes to the Property and Iaelmiem. ass result of such acher work uyer send on due Pros r firs of any kind agehfn y for Inspections, surreys, =sintering reports sed kr my any Uabuh)', demons cost or apes.. st tamed by Seller Bunn In commies wit mto yu h "daiim Sellerld from and elude[ 301W4 right to recover all Cosa end indemnity includes The pronlsbm of this subsection shall survive the remsir:on offtbla emit °moo' bre" Sellers naaombk attorney foes • 11. IVO. Ddtvey of daed(s) from Saar to Buyer shall be is Closing (Ckgeg). Closing shall boon the d to specified as the Closing Daa, (6 2e) or by mutual agre neo at in erg= tits The boor and plate of Closing shall be as dedSla d b esss$�s? agriar9y, t ceagsanY Y 12. TRANSFER OF Trym s. Sabin: to tender or mim=e a Carte u rod herein and compliance by Buyer with the other • came end provisions bonen$ Seller shall mecum and deliver a goad ad sniei:t general "arrant, nod to Stye, at Clnetng, convtying the Property free and altar of an mos except the gennal tans for the yew of Closing. Event u provided has*. Berle than be conveyed five and clear of an lieu,mat including Sty govery[ [[m fr special improvrm� Mahn! as of the dee of Buyers luacoo, ~baba assessed root. Tide shall 5 emoted "allot m: a. those "Peat Kvcspdom described by re&nxce to recorded doasads as reflected In the Title Document; accepted by • &rya ib sceordence with § fa (Title Review], b. dotnb®on utility caaamam, e. thine end which were acceptedcc Buyer in eotmd tights tig tsio shit parties bot shows by the public retards of wblh Buyer hes actual knowledge d inclusion of the Property within any th s special [Matters Nat Showlet, a by the Public Retort), and e. da benefits end mudens of &deea i RA taxinge chaplet, f. other so others on ser perry will sgheaeepq If any, and 13. PAYMENT OF ENCUMBRANCES, Any saunbemea required to be paid gall be pild at or belts Clean— proceeds of this nanadion or from say other roves. PRePaal eY EOM Jan 6IeJM balm a.ncea, gat OM a.tr, t5y ac to ever and so saw Ecom Nen lard • Lamm -Rema Wlesa mea ea1Ma carman lieWarre am oreomn Ycus.tin eoasahAvda.ed n Jar tenant mer ■e¢ Rrao&eWG Mtl este Evrw(aj i aa4W W.us.o 1. p.9ain, C9. CuuJO 3.3 irlthieb2Flaf 6 bu 1yLenw(UU SWOD 0. 6522 W. 5 BE 14. LOSInq COSTS: DOCUMENTS ANDSVIC►% Byer and Sells shall pay, In Oen . wads, that respersive Closing coon aul all ata done required to be paid at Gluons, except as dawnse provided bah Bird and Sells shall sign and complete all customary or reaseetby to nird doomnmt at or beton Closing. Pres fix cul estate Closing services shell be paid a Closing by One-HeH by Beyer and One -Half by Seller ® Dyer 0 Seller 0 Odor tire -• The local nansfis to of o,La 7G of that Pathan Price eball k pod at Clang by 0 Bayer O Sailer. Aty sda and ice tax that may segue noun of this tansactioo shall be paid vim data by 0 Byer 0 IS. 15. PRORAnONR. The following Axil be prated to DrabsDate (¢ 2c), acne no etl arise , a jos. Personal propsq' tote, if any, and sosnms V sad arm tate for the year of nein f. basad on C. the Tined for the Calendar Veer Ireadletely Preceding Chehe ® The Mee Recent MIB La'y an Mas Rust Aurgeent L Other Na b.Rhed mResta Rents bas�Anomie Issued 0 Accreted. Swinedamns held by Sella shell be credited to Buys, Seller shall amp all leas m Buya and Buyer shall sane nigh Itasca QS. .,_ a Oahu Plerattons. Weer, Irma &asps, rad 'Mata en condoning loot), if tri red nr__• _ d. inaSeskoua6 Unless otherwise agreed In writing these pneahane tell he fifth 16. PosansioN. Poseaafon of the Property shall be delivaad to Beyer an themesi bet mdPoasnlea Time (¢ 24 subject to the folewieg loath) or aaney(ag non. If Seller, der posing, Stilt to deliver poawglon as specified, Sells shall be sabot to wledou and .ball be additionally liable to Buyer fur payment ofS pr day from the Pecamba Dat (¢ 24) uon7 pesd osaon is delirrad 17. OT ASSIGNABLE: This donate ,hall not be a ignabls by Buys withers Bee's prior mitt tensest Pssupt as so restiwd, this connect 1 more to the beet of sod be bindbg owe the heba, panel opreseatatives, evsa.aas and amps of the pedes. Sf?�fVD Mra�TQ 1TY fj� this tha IFatottyCLsFWdmeOabOoFtb shallshbe {Mimed to cannUm a uag�u MS data off this aooata otherwise in .tori 5. clatiltate In the cost the Property or Shakos shall be dermaad by fin or other mushy prier to Closing. in an amount o ret men than tut pact of the total Purim Price, Sailor shall be obllptd to repair the same before the ClessegD.a (I 24). In the evert reds damage is not repaired within add lute or If the damages acceed sorb scan, this MOMS may be terminated es the option of Bye by delivering to Seller conic, node. of outlet. Should 81gs elect to sassy out this ceaaaa despite Such damage, Dyer shall be flied to a astir, at Clad , for s0 the Manna pnc-da zwddag tans web damage to the Property and IneWainm male to Sells but not the tents aswdaueq if any, plat the cams of any deductible provided far ha such inference policy. such credit not to wad the bed Parhee Prim, b. Ninon Iseloaleac 3snlaes., Should am'' locherion(a) or awvice(s) (Mobdug systems end wmposum of the Property, erg. heating, plumbing, etc.) Thu or be donned between the ate of rids cores and paring or poesaaloo, wbicbeva mall be caths, than Sella shall be liable Aar the repair or r ime:aces of such btdnaita(a) or serried') with a wit of slmlla siva, age and quality, or an equivalent crag, but only to the mos that the meintemtoe or ratacemem of such bhabdoe(s), savies(s) or fbmue(e) is not the responsibility of the owns' association, if eqr, las ay banana proceeds received by Bsgar covering such repels or repuocowat The risk of Ion for my dosage in growing rope, by fire s ours eaaaiy, shall be borne by the pay edified to the growing nope, if mty, a provided M ¢ 3 end taxis pay shall be nodded is etch Manage proceeds or benefits for the growing cops, F any, a wemnreaplYarlBedee otCagdMoa Boys, upon tuemeble nice, mall but the Fla to walk the** the Property prior to Cloahtg to verify that the physical emdllm of the Property and I:Muskrs ratepliee with this contact 19. RECOMMEND t1QN OF LEGAL 4,fD7 By signing this document, Boys and Sella acknowledge dao Inc &Anon Ontsay or the Liana the that dlae .two &cat the examination of dde end ooeawith kin wiend tot or ether counsel befse siestas thiel ami aqumcec and has rsatomwdadexamination 20, rmEntiess NCE AND ppEElaIDlIS, Time is of the eine hereof. If any marc or check received ae thence Money bowmen re coy oa+6peerr yr/Tent due lnseueds is net paid, homed or t edeted when dee, or if eq' eller obligation berahmder is not performed or waived is ha= provided, there shall be the foiowiog tmdis; a Ffaera,lsMDehalt (1) SeaelDa PetfeSeller may elect to teem this contract as tasseled, in which ease all :Hoge of vibe received bared= shall be fafe;ed andp lemma sod retained on behalfid of Seller, and shall may mom ret such donna f may be proper, g Bern may deet to teat this centras as being M fill lata end effect and Sd1q .Aril have the right to specific reformat= or damages, or both. (2) Lioeidetod Das. All payments and duop of vide received haemhda shell be farfeieed by Buyer and retained on behalf of Sailer and both panics mall maeeRa be nand dem all obligadom basewda. D is aged tot sum paymean and things of value en LIQUIDATED DAMAGES and (apps a provided in subsection a) we SE74,IR'S SOLE AND ONLY REMEDY for Buyers Uwe so perform the obligations of this rant Seller egeady waive the remedies of epea&e pefirmame and additional damagee. .slut seated hereunder iSiaIssIn Dtmtlr Buyer may elect m tree mit area as canceled, M which age all payments and things of contras c e Beer they recover mcb derange r they be proper, or & t they elect to tale this being in Full fares and effect and Beyer shall have the right to specific pefammee a damage., or bat e. Cosa and Etnama In the warn of any wbattdaoa, 1pdgelion rand to this enact, the arbitrator or overt shall Freud to the prevailing parryreasonable all cuts and ensa akpe,��.��,s,,,, raatea'y Ac• 21. MEDIATION. If a dMpua uba :Mating to this contract, plus to or after Closing Ind Is ata taaelvd, the parties shell fiat WOOS in good pial: to suhmh the math: to mediation. Mediation ism mxees in which the parties meet with to imprtal person who helps to resolve the dispose Informally and confidentially, Mediates Genas :woo binding decisions. The parks to the dispute must agree before any sstisoat is hireling, The parties will jointly appoint an acceptable mediate tad will share equally in to cost of such mediation, The medjdon, volas otherwise agreed, shod seemisee, in S aver the mitt dispute is not resolved 30 abode, days from the date widen notice ea:msting mediation b amt by one pasty to the othes(e). This Section min not eller any dei in this contact, unless otherwise agreed. 22. Lei NEST MON ITIISPIJT'Ev Notwitszandieg sny ramamdon of this camas, Buyer and Sella wee that, in she evait of any controversy regarding the Eemmt- Money Ind thing of wake held by bet or Closing Cumpmy (atlas mooed 'Rine Seueaons are received by the holder of tie Eames Money and things of value), broke: or Clang Company shell not be requited le take ay action but may await ay proceeding, or at broker's or awing Catawba OVUM end sole disastoq may i te:pled all poria and deposit any moneys or things of value into a oust of compamt)aldjWon sod shall nova coon nose and rasonable attorney fees, 23. TEAMINATtore. In that event this 000nsct Is te®Imrd, all p yromta and things of value raorived he mMr shall be teemed and the pasnes shad be relieved of ad obligations hereunder, subject eo ¢¢ Ik, 21 and 22- 24. ADDITIONAL PROv1SIO7gq, (The language of these additional provisions hog net bet approved by the Colorado Real Peoeaee er riot: ices a ..saw, erre ewrS, ate cora t.r.ee, *rima.( a 8,7 me toe Pea rim (eosin tang -Pane - aeJ'e,a aawaee Reel Etre coves. &war a none mesa, verlon a.v. &aeon ayhrerdef ha Joy gaga My a d. aw,eaeeSwe ad uses note 11 eses Ma/:M • rr UUJn 4:01r1anen0451A1 b LU .11NWUUp =NYUU 10. 6522 l4.g 6 bt Fade Commission.) A. .This contract is expressly conaitionel upon buyers receiving approval from GarfieldAimmtYeas =and Or a Special user Permit to operate an oil end gas service company on the antjeet property. expenses to aotain tbia permit aaaii be pain by the buyer. a. Buyer to pay ALL closing coat, associated with tnie traaancilao including the realter fee,. brokerc. is a l in theaa stateofUtah howevere that she Rill notrb participating in any cnon,iaeionailicensed feel estate due D. Nick Richlna, representative of Dalton, Inc, Shall sign all contrasts and applications necessary to purchase the property and apply for the Special Use permit. the clotting pap Robert B. Militates, owner of Dalbo, Inc. era small all be signed by • a gegilla. AGR;RMENT• SUBSEQ tNT MODVICATIQN: SURVN This costed mhgibites the entire canoes between die rad felaUo3 to the subject hereof, and rat pia arcs= patunaf3 limn, whether oral or wsmee, bloc been mu@ed and guarani Tato this mentsa. No wbeoquem modification of say of the tone of tLu cvnusa shall be ve114 heti*i3 Ms= the or enforceable unless made m a Mty welling end signed by the snlobligelim in this contact ',hi* btei y a mf, is itllend Co be performed Mbar termination r Closing Wall same the utas. 26 FACSIMILE. SI®amv ® May D Mn Net be evidenced by haa®ile. Deana with original sirmares shall be ;ovoidal to the other parry at Closing, or arlier spots semen Many pony. 27. NOTICL Except for the reties srquardng mediation described in 1 21. my wine to Btgvr shun be effective when received by Buyer or by Selling Company and soy notice to Sella ,Full be afrrstiva soba received by Seller or lilting CompenE a sod 33, NOTICE Qt ACCEPTANCE' C UNTERE This proposal shill expire unless aeoepred m wilting, by Buyer SSI,, as .vidmmd by theca sigtuooa below, and >be ofeieg plow receives notice of aocepfma pursuant m § 27 on or biose mantes Dadl[w Due and Aerephaa Deadline Time (y 2e). If accept4 this document shall became a eament between Selly and BUM. A etvappyy of this document may be Imegtsd by ash patty, separately, and when scab patty has aaouted a copy thereof, such capita take togetbe shall be dammed to be a Sill and a splm oceanic bream the parties. Dello, rue. 5.O.11ex 1160, 355 S 1000 L. verbal. tit B4018 Rene a: Ates. 2 928 8801 DOUR By: Nick Blaine (NOT,: It SVLL6R BOB, P. 0. Bos 29. masa, OM de as sip able Moa -est Met so I EPI OATSA yf7403 -1325 This off* is O Cantered C Regemem of parry Moyer or Sao" wbe wooled or sicced offer MND IN CONTRACT C a.S •r, S ., o 'Nose: Glade( Iaatrattleas shoats be Stood es or Wore TM* Deaden BROKER ACKNOWLEDGMENTS The ader,igted Broker(e) admaUIedgss termor of the DIMS Meng depeeh Specified in ¢ 4 and. while net a petty to to contract 'gess to eoopaate can mum with way mediation conducted under 4 21 • The Listing Ember (*, ie the case of a one person llrm, the Lining Firm is a 0 Sakti Aim 0 Traeaeelot4teker in this transaction. The Selling Broker (or, in the ease of a ode person firm, the Selling Firm is s ❑ Bars Agent 0 Side Agent ® Trettsaetforareemr m tide transection. BROKERS' COMPENSATION DISCLOSURE. Selling Banker or Selling Finn's eompemltion or commission is to be paid by: I9 Ayer 0 Sear 0 Lhdng elan ❑Omer a/a go be completed by Listing Firm) Listing Firm's compeealfon or ontorduice is to be paid by: ®Hoye, 0 Siler ❑Odor n/a Selling Blokec'Yirm: peaeaaa0 at L eeyr: yet,, O. Seeder, aebwreeie, ere CRS >aee, Connate e.r — sen Res Rein Man eyed. Fore. R neat Conan nil eat taMlnia, RaWASM &dna CO, Minims ala Duewen Rpbesw to: No ae.eat B,w•a t5 net tnttMsc Rett baa aRaee*3ma! Dalbo, Inc. Oil and Water Service P.O. Box 1168 • Vernal, Utah 84078 • Phone (435) 789-0743 APRIL 3, 2003 TO WHAM IT MAY CONCERN: THIS LETTER AUTHORIZES NICK RICHINS TO SIGN ANY DOCUMENTS FOR DALBO, INC. IN REGARDS TO THE PROPERTIES BEING PURCHASED BY DALBO, INC. IN RIFLE AND DEBEQUE. ZONING AND UTILITY APPLICATIONS CAN BE AUTHORIZED BY MR. RICHINS ALSO. SHOULD YOU HAVE ANY QUESTIONS, PLEASE CONTACT OUR OFFICE. ROBERT H. WILLIAMS PRESIDENT FROM : DALBO/A-1 TANK RENTAL FAX NO. : 435-789-9208 . 11 2003 07:07AM P1 DALBO INC. / A-1 TANK RENTAL P.O. BOX 1168 VERNAL, UT 84078 DEBEQUE UNIT FAX (970) 283-5085 PHONE (970) 283 5012 TO: A4tA A1( -+`t Ci^et_i FROM: t4tC--9—)c.t41mS a7ALt3t DATE: 75-0,‘,--t. I t k 2cry 3 TOTAL PAGES SENT: t /k PLEASE NOTIFY US IF YOU DO OF THE ABOVE PAGES. OUR FAX NUMBER IS (970) 283-5085 ct „,,,,e 2-e J Qe•F t r��c w tiev 7 {-tsrw4 AtLid, ( Clorm,. vs fi-C-K-o- 6+Ftw, ppVy + 1 . , mak 'Pc) o a -L -g)0 mow. ,23,1 - LZS ;,f rage 1 01 1 Tamara Pregl From: Tamara Pregl Sent: Friday, May 02, 2003 8:42 AM To: 'hlrealty@iwworks.com' Subject: Dalbo, Inc./ Lazier Special Use Permit Nick, Attached is a technical compliant letter and a public notice that needs to be used when you send out mailings and post in the paper. The public notice sign will be available for you to pick up Monday am. Also, please do not forget to attach the legal description for the entire 160 acres to the public notice. If you have any question, feel free to call. I will be in a symposium all day today, but will be checking message later this afternoon. Just a heads up, the storage of the trucks and frac tanks is a special use in the A/R/RD zone district. I could not a use that allows for the truck maintenance shop. Not sure how to guide you on this one. You will need to argue with the Board that its and associated use to the storage of the trucks and frac tanks. Have a good weekend. Tamara 5/22/2003 FROM : DALBOtO-1 TANK RENTAL FAX NO. : 435-789-9208 11 2003 10:24AM P1 DALBO I C . / A-1 TANK RENTAL, TO: 4- P. O. BOX 1168 VERNAL, UT 84078 (435) 789-0743 FAX (435) 789-9208 7/0 C�� RECEIVED GARFIELD COUNTY BUILDING & PLANNING FROM: !1( Cie" i/ G &.l i DATE:/%6',3 TOTAL PAGES SENT: t„, PT .RASE NOTIFY US IF YOU DO NOT RECEIVE ALL TEE ABOVE PAGES. OUR FAX NUMBER IS (435) 789-9208. *-cm,gx-t," FROM : DALBO/A-1 TANK RENTAL FAX NO. : 435-789-9208 C 11 2003 10:25R1'l P2 AVM INC Property Star'vey Located in the NE 1/4 of Section 26, 776S, R93W, 6th P. A!l. Garfield County, Colorado 0 0 N 0 0 0 0 N SCALE ORIGINAL DESCRIPTION SECTION, TOWNSHIP, RANGE: 23-6-93 DESC: SECTION 23 THE SOUTH 1/2 SE & SECTION 26 THF NORTH 1/2 NE BK: 0585 PG: 0055 BK 1259 PG: 66 RECPT: 582197 BK: 1259 PC: 65 RECPT: 582195 BK: 0830 PG: 0396 BK: 0651 PG; 0338 SUBJECT PARCEL DESCRIPTION A 35.00 ACRE TRACT OF LAND LOCATED IN THE NORTH I/2 OF THE NE 1/4 OF SECTION' 26, T6S, R93W. 6th P.M. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NE 1/4 NE: 1/4 OF SECTION 26, TOS. R93W, 6th P.M. (BEING 1981 BRASS CAP LS 15846) FROM WHICH THE EAST 1/4 CORNER OF SAID SECTION BEARS 500'56'57"E 1316.52' (BEING A 1974 COUNTY SURVEYOR CAP), THENCE S89'4029"W ALONG )HF SOUTH LINE OF THE NORTH 1/2 NE 1/4 OF SAID SECTION 1893.65' TO THE EAST LINE OF COUNTY ROAD #319; THENCE N25'25'05"E ALONG THE SAID ROAD LINE 40000'; THENCE N89'40'29"E PARALLEL TO THE SAID SOUTH LINE OF THE NORTH 1/2 NE /4 395.88' TO THE WtST LINE OF MC SAID NE 1/4 NE 1/4: THENCE N01'0011"W AI ONG THE SAID WEST LINE OF THE NE 1/4 NE 1/4 661.73'; THENCE N89'40'29"E PARALLEL TO THE SAID SOUTH LINE OF THE NORTH 1/2 NF 1/2 1322,20' TO THE EAST LINE OF THE SAID NE 1/4 NE 1/4; -HENCE SO0'52'02"E ALONG THE SAID FAST LINE OF THE NE 1/4 NE 1/4 1022.03' TO THE POINT OF BEGINNING. BASIS OF BEARINGS IS THE FAST LINE OF THF SE 1/4 OF SAID SECTION WHICH IS TAKEN FROM A GLOBAL POSITIONING SATELtITE OBSERVA PION TO BEAR NOO'47'14°W A DISTANCE OF 2634.01' (THE SOUTHEAST CORNER OF SAID SECTION BEING A 1981 CAP 1.5 15846). CONTAINS 35.00 ACRES MORE OR LESS. U V FQ 00 .QO. 360.,32' W 0 to Ni to la y w No N ti dZi1 N0100'71 "W 661.73' santt 00 SF 1/6 Section Line 296.68' ) acif) 4/adold 7022.03' N0051 w"µ' — u16,75' News. to true Section Con'c(() £d NdS2:0T £00Z IT '-ida 8026-68L-S£P : '0N Xt1d P N 294. 72' tO ti S89 -45'33"4W — 264584' (Meos from true Section Comer) N(7-4 0 C ry Z J 2. n O O o ; -. 3 > n ° n o r o (^ 2 3 o 0 0 -•. al (H n n n 0 n -T o 0 O = u 0 Z o o Ltj C N 3 N 0 • > A to 3L0N 3LL 2:13Na00 1tiJ.N5d JINb.L T -H//08104 : 140213 �f f !' 588 _/".7, Vann IT 1..-A-111.4.11 l8N-1.00 „ 51 VOLUME 79 aorm �,3,�''. t�i.`... WARRANTY DEED. ahts 3DccVr ',Indy this "`^_.'-'`73."-• ../- -,gie.......day n ":'21--.'"1-",/ 1.1 the yenr. i onr herd ono Lhounnml nine hundred end... .. BETWEEN. ,_..(-..----/... - ...6^ ;..�17,nrr�..... -,. _ ......and Stats of Colorado, of the flint port. null r�- � /".C`:'...-......,:".5e.-P...".--/-�.-►rte..:!1�—A.,t./_ of the County of....... /r.,.......7_,:,—e--,..... and State of Colorado, of the Heron.' part: 1C1'1•N ESIETII. That the said pnr1;4...of the first, for mid iii ronsitleralien of the sum of .... ... ..... 0i.yr /.,Y.................._..Dollars, to the unit' part.%of the first part in hand Imid by the said natl./. of the second part tle receipt whereof is hereby confesstd and acknowledged. hnt'�- .grnmbd, barb ed,, Aid 11,110Aon cel, nJntl y� 1 a.,e groat.1, 1 o 1 .. 3uei.rafrun these ,resents du: lone •omni fell, convey and coalman unto the said mel f the sr�� 1 xtrt,-�. 1-�"r✓;s fn acne, all or +lyingg y'./7(,--.--,/,......-e-,aid Siete of Colorado, to.wit; the following described lot parcel. of lend. situate, and Ixiu in the Cynuil of .:(.L.r /1 ¢a,.. e r4 li-r•,. .45.....""(///5) V f�, 4.4-,.r�.�.;/ fjr,. _.-'r- (; . 6-4i , ,,_ p..':.._.` 6 -.,/..-..,i G/ -�y� ,..- - �r_.-fly/ ( --e :./ �7l.:t; .tip., :e.�.s-.yn-7�. p-2. 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TOGETHER with all and singular the hereditaments turd appurtenances thcr•tnlo belonging or in mmywise npperinining, cud the reversion and reversions, remainder and remainders. rents, issues 111141 profits 1110n44; and nil the estate, right, tithe, interest, claim and demand whnlsoevcr of the sold pnrt.. .of the first part, either in law or equity, of, in and to the above bargained premises, with the herwlitnments Hud nppnrlennuces, .:yil� fq TO HAVE AND '1.O HOLD the anti premises above bargained Hud described, with the appurtenances, unto the said part ...of the ,-;...-,•-••••••"`"{" 1 /`� :L`...a,zi--..o•..a.. h• es Vii•...+.,.,«+.!.r'. t4Lf......!✓ck1i! second part,-/ ` �wtrsuudAsttr+w forever. t c the said f7'.. . f'. parl.� of the first part, k... �ft .boirs, exa Mors and administrators, rlo:'c•r..covanntt, grant, bnrgnin null agree to and2i a the said pnrl�._of the second part, J... ... , that at the time of the en:onlin,g, and delivery of these presents, well seized of the premises above conveyed no of good, sure, perfect absolute nut indefeasible estate of inheritnuce, iu Inw, in fan siwpla, !in -.-- good right, full power nal Lawful authority to grant. barniu.sell and convey the snore in manner and form aforesaid, and (lint the saw are free and dear from all former and other grunts, bnr;nins, sales, liens, taxes, nssessmeuta and incumbrances of whntever kiwi or nature soccer. e a. chile kiss., • IN WITNESS WHEREOF, The sold port...?...of_the first part hn/fi hereunto set above written. �" Signed, Sealed and Delivered in Presence of } he;..-nnI ht par .. ire( -part hand..... and seal... Abe day fund year first -67 STATE OF COI,OltADO, -y/> 68. COUNTY OP.I in and for the solei Ooonty, to the Sante aforesaid, dip hereby certify that C...,_...--- personally known to me to be the person whose name euhscrii>gl to the annexed Deed. appeared before me this day in person and ackno edged that 't-•. signed, sealed and delivered the soil instrument of writing as..free and rolnnlnry act, for the uses Had purposes therein act forth. Give under my hand and seal this 5'r day of- — A. D. 1r9 /) \[}• Commission Expires ..... /9 19/ ••••` Filed for record the �G day of,,. :�+^ 5 D� /D .4"Z`,y'a A2' ' Cf.... G...... ., •rff, `''� August 26, 2003 Dalbo Inc. P.O. Box 1168 Vernal, UT 84078 On August 13, 2003 a well test was conducted on a well on Mamm Creek. The following information was obtained; Well Depth 540' Standing water level 130' — 9" Total test time 3 Hours Drawdown to Intake Production is 2 GPM This test was conducted with 5 Hp Test pump. The well recovered back to 422' — 1.25" in 30 Minutes. If you have any questions please call me, Raun Samuelson at 970-945- 6309. Sincerely; Raun E Samuelson Samuelson Pump Co. P.O. Box 297 • Glenwood Springs, CO 81602 • (970) 945-6309 • Fax (970) 947-9448 Water Systems r Soles, Service & Installation MEMORANDUM To: Fred Jarman From: Steve Anthony Re: Comments on the Dalbo Special Use Permit Date: December 23, 2003 Fred, This is a followup to my memo of December 18, 2003. Dalbo has reseeded and mulched the slope area that I had expressed concern about. Steve MEMORANDUM To: Fred Jarman From: Steve Anthony Re: Comments on the Dalbo Special Use Permit Date: December 18, 2003 I visited the Dalbo site today to check on compliance with the vegetation issues addressed in Tamara Pregl's letter to Nick Richins of Aug. 19, 2003. The applicant has addressed the screening concerns of the County. Native trees and shrubs have been planted along the fence in 10 foot intervals. While on-site I noticed that there had been earthwork and recontouring of a slope on a hillside located east of the main building. The disturbance continues for a few hundred yards and it does level out. The disturbance parallels the yard site but does appear to be outside the work area. I estimate (and this is ball -park) that approximately 2 acres of land have had the existing vegetation scrapped off and had some degree of recontouring. I expressed my concerns to Mr. Richins about leaving this area bare. The bare area could adversely impact soil erosion, water quality and runoff and serve as a magnet for weed invasion. I do not feel it would be appropriate to treat the disturbed slope with the same herbicides that will be used within the work site to keep the cheatgrass controlled. On the contrary vegetation should be reestablished in this area. I have suggested to Mr. Richins that Dalbo submit a revegetation plan for the disturbances that starts along the slope and heads to the east. Mr. Richins has agreed to do this and to implement a revegetation program that includes a winter seeding to be followed by a mulching program either this winter or in the spring. This activity may be weather dependent. Mr. Richins will notify me when the revegetation is complete and I will verify at that time. Steve Anthony Garfield County Vegetation Management Dalbo, Inc. Oil and Water Service P.O. Box 1168 • Vernal, Utah 84078 • Phone (435) 789-0743 RE: Seeding of slope on Dalbo Property, 2250 County Road 319, Rifle CO. 81650 Dear Steve; We proposed the following to revegetate the bare ground. 1. It is proposed that we seed the slope of bare ground with a native non -irrigated grass seed mix that can be purchased at the Coop at Silt, CO. All of the bare ground will be seeded. 2. The area to the west, which has caterpillar tracks on it, will then be covered with straw. The indentations from the tracks should hold the seed and the straw on the slope. 3. The slope to the east, which is smooth, will be back -dragged to cover the seed with soil. Then we will cover it with straw. The soil and straw should hold the seed in place. We will start this seeding process December 22, 2003. Sincerely, -)(1 4 Nick Richins MEMORANDUM To: Fred Jarman From: Steve Anthony Re: Comments on the Dalbo Special Use Permit Date: December 23, 2003 Fred, This is a followup to my memo of December 18, 2003. Dalbo has reseeded and mulched the slope area that I had expressed concern about. Steve BEFORE THE CITY COUNCIL OF THE CITY OF RIFLE, COLORADO CONCERNING THE APPLICATION FOR A WATERSHED DISTRICT PERMIT OF DALBO, INC. FINDINGS OF NO IMPACT AND APPROVAL OF WATERSHED DISTRICT PERMIT NO. 2-03 I. BACKGROUND 1. On June 9, 2003, Dalbo, Inc. applied to the City of Rifle (the "City") for a watershed district permit to utilize property shown on the City Watershed District Map and within the City's Watershed District jurisdiction for a truck storage and maintenance operation, which property is described on Exhibit A attached hereto and incorporated herein by this reference (the "Property"). The Property is located southeast of the City within five (5) miles of the City's Colorado River water intake structure and the application was submitted pursuant to City of Rifle Ordinance No. 22, Series of 1994, codified in Chapter 5 of Title 10 of the Rifle Municipal Code. 2. The City received two (2) letters from Paul Bussone, P.E. of Resource Engineering, Inc. dated July 11, 2003 and July 21, 2003 reviewing the Application (the "Bussone Letters"). The Bussone Letters are attached hereto as Exhibit B and incorporated herein by this reference. The Bussone Letters concluded that the activities proposed to be performed on the Property will not negatively impact the City's waterworks or water supply. II. FINDINGS OF FACT 3. The proposed activity is within the defined boundaries of the City's Watershed District as defined in RMC §10.05.020, specifically within five (5) miles of the City's Colorado River municipal water diversion and intake structure. The proposed activities include a truck storage and maintenance operation used to service gas wells in the region 4. The Application filed by Dalbo, Inc. is complete. 5. Dalbo, Inc. must pay the application fee required under RMC §10.05.050(A)(7) prior to the issuance of this Permit. 6. Based on the Bussone Letters, the City finds that the proposed activities on the Property do not pose any risk to the watershed if proper Best Management Practices (BMPs) for drainage control are in place, and therefore makes a finding pursuant to Rifle Municipal Code §10.05.050(B)(4) that the proposed activity will have No Impact on the City's waterworks or 1:\2003\Clients \ Rifle \R-3 (281)Dalbo\WSPermit2-03.wpd -1- City of Rifle, Colorado Watershed District Permit No. 2-03 Dalbo, Inc. water supply so long as BMPs are in place and practiced by the Applicant. III. CONCLUSIONS OF LAW AND ISSUANCE OF PERMIT 7. The foregoing Findings of Facts are incorporated herein by reference. 8. The City has jurisdiction over the proposed activity pursuant to RMC §10 .05.020 of the and City of Rifle Ordinance No. 22, Series of 1994. 9. Based on the Bussone Letters, the City hereby determines that this decision shall constitute a No Impact Watershed District Permit for the proposed truck storage and maintenance operation on the Property pursuant to Rifle Municipal Code §10.05.050(B)(4); provided the Applicant practices BMPs to prevent any silt or other contaminants from reaching the Colorado River. 10. A copy of this Permit shall be sent by certified mail, return receipt requested, to Dalbo, Inc. 11. Pursuant to Rifle Municipal Code §10.05.050(A)(7), GMCO, Inc. shall reimburse the City for all outside professional services, including but not limited to engineering, legal, consulting, publication and copying fees associated with the review of the application prior to the issuance of this Permit. 12. This Permit shall not be effective until approved by the City and agreed to and by Dalbo, Inc. Dated this ato day of / tu.9 L51—, 2003. By CITY OF RIFLE, COLORADO Bill Sappingtor><, .E. , 4sublic Works Director City of Rifle Watershed District Permit No. 1-03 accepted and agreed to this Z 6 day of u y U S 1 ,2003. DALBO, INC. I:\2003\ Clients\ Rife\R-3(281)Dalbo\W SPermit2-03. wpd By: -2- 4 N GOZ� N S Title: �u.,.e�)&( (30.0--/ Page 1 of 1 Mark Bean From: Jake Mall Sent: Tuesday, November 18, 2003 5:04 AM To: Mark Bean Subject: Dalbo SUP Mark: Tamara asked me to let you know where Dalbo is on their SUP. The only thing left that I have seen is the company name sign. I left a call for Nick and when he responds I will let you know what the status of the sign is. I let them place the trucks turning sign on the north bound lane farther to the south to cover the entrance to Encana's evaporation pit as well as their own entrance. This eliminates the need for two signs with the same verbiage so close together. Jake B. Mall 11/18/03 Page 1 of 1 Fred Jarman From: Jake Mall Sent: Wednesday, December 17, 2003 5:48 AM To: Fred Jarman Subject: Dalbo Special Provisions Fred: Dalbo has completed all the requests except the 30 -foot deeded easement that we talked about. The truck turning signs on Cr. 319 I helped them locate where to place them. The driveway permit was issued and all conditions including the stop sign have been completed, The business sign for emergency purposes has been installed on the fence in a highly visible location. All signs were installed as required by the MUTCD traffic control guideline. I would also like to compliment Dalbo-Al Tanks for involving me in all there work as it was being performed. If you need any more help let me know. Thanks, Jake B. Mall 12/17/2003 Rifle Fire Protection District 1850 Railroad Ave. Rifle CO.81650 December 23, 2003 Nick Richins Dalbo Tank 1250 County Rd. 319 Rifle, CO. 81650 Dear Nick Richins, Per our meeting with Chief Morgan on your facility on C.R. 319 the following is agreed upon for your CO: 1) All items from the inspection that FF Alvey and I did have been corrected and addressed. See letter dated 12/11/03 for details. 2) The water supply system is approved with the only stipulation that the tanks be moved to the south side of the property by April 1,2004. There is a correction from the December 11,2003 letter in that the connections for the fire department must be compatible with our 6" hard suction hose Sincerely, Kevin C. Whelan Training Coordinator Rifle Fire Protection District eC.aA LVED UEC 2 4 2003 GARFIELD COUNTY BUILDING & PLANNING Dalbo, Inc. Oil and Water Service P.O. Box 1168 • Vernal, Utah 84078 • Phone (435) 789-0743 Garfield County Planning 108 8th Street, Suite 201 Glenwood Springs, CO. 81601 RE: Dalbo, Inc. Special Use Permit Attn: Mark Bean The following are answers to and clarification of conditions requested by Tamara Pregl for Resolution No. 2003-65. 6. Enclosed please find copy of application from Garfield County Road and Bridge Department. On December 9, 2003, I meet with Jake Mall. He indicated that we had meet all the necessary items on the permit. He said if the Planning Department had any questions concerning the special conditions for you to call him. 8. Enclosed please find copies of Approval Letters from the Colorado Department of Labor and Employment. We have received letters for the Fuel Tank Farm, the 12,000 Gallon LPG tank and the Final Inspection for the 12,000 gallon LPG Tank. We have been working with Rifle Fire Protection District concerning the location of fuel tank farm, the 12,000 Gallon LPG Tank, and any other concerns they may have at out facility. They have been to our facility on December 11, 2003 to complete their final inspection. 9. Water Supply for Maintenance Shop and Office Restrooms. A test was done In August of 2003 on the physical water supply. The water well we drilled will provide 2 gallons per minute, which is only enough to supply the indoor use of the maintenance shop and office restrooms. A 1" water line has been run from the well to the maintenance shop and office. The plumbing for the toilets and sinks in the restrooms is completed. Water Supply for the Wash Bay Building We have secured three sources of water that could be used for this building. A 3" water line has been installed from our 1500 bbl. fresh water tank to the wash bay building. A. We have been to West Divide Water Conservancy District and a revised contract was signed 11/20/2003 for additional water for the wash bay building. This water would be hauled from Grant Bros. Gravel Pits to our 1500 bbl. fresh water tank. B. Dalbo Inc. has leased water stock from Jimmy Sills, 45705 Hwy 6 & 24, Glenwood Springs, CO. 81601.970-947-9511. The 10 shares of water will give us 5 acre feet of water for our use from the Last Chance Ditch. This water can be used for oil field use or for water at the wash bay building. This water would be hauled from Last Chance Ditch to our 1500 bbl. fresh water tank. C. A water well has been drilled on property owned by Jimmy Sills north of our facility at 2250 County Road 319. We have secured the use of this water from the well. A 6" water line has been run to our 1500 bbl. Fresh water tank,and water is currently available to us from this well. An augmentation plan been completed by Balcomb & Green, Glenwood Springs, CO. All the engineering for this well and the water line has been designed by and inspected by Paul Bussone of Resource Engineering, Glenwood Springs, CO. Any one of the above water can be used for our wash bay building 13. Please find a copy of the City of Rifle Watershed Permit. 15. All vegetation and landscaping along County Road 319 has been installed according to the plan approved by Steve Anthony, from Garfield County. On December 9, 2003 I meet with Steve Anthony. I informed him that we had installed Pinion Pine, Serviceberry bushes, and Chokecherry bushes on 10' increments as per plan. I believe that we have completed all necessary requirements for our special use permit. We would like to have the permit issued to us. Should you have any questions please contact me at our Vernal Ut. office at 1-435-789-0743 or my cell phone at 1-435-828-1820. Sincerely, iLdc Nick Richins August 19, 2003 Nick Richins PO Box 1168 Vernal, UT 84078 RE: Special Use Permit for Dalbo, Inc. Dear Nick, As you are aware, at the public hearing on August 18, 2003, the Board of County Commissioners moved to approve the Special Use Permit application for the storage of 30 vacuum tanks and 200 frac trucks, a 50' X 100' office / maintenance shop, 36' X 100' truck wash enclosed structure, 24' X 24' fuel tank pad, 12,000 gallon LP tank, and the storage of Potassium Chloride in 4 tanks, subject to the following conditions: 1. These conditions of approval shall supersede the conditions of approval in Resolution No. 2003-048. 2. All representations of the Applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval, unless specifically altered by the Board. 3. The Applicant shall comply with all applicable requirements of the Garfield County Zoning Resolution of 1978, as amended. 4. The Applicant shall comply with all State and Federal regulations and standards, such as Noise Abatement, Water and Air Quality. 5. The Applicant shall comply with the Plan approved by the Garfield County Vegetation Manager to minimize the spread of cheatgrass through any activity on-site. The Plan includes, but is not limited to, washing items before they leave the site and spraying the yard each year to control cheatgrass. Richins Page 2 6. The Applicant shall comply with the following recommendations from the Garfield County Road and Bridge Department: A. A 30 -foot right-of-way shall be deeded to the County from the centerline of County Road 319, east onto the property. No fences or structures shall be built within this deeded right-of-way. B. The Road and Bridge Department will issue a driveway permit upon approval of the Special Use Permit with provisions specific to the permit. C. A stop sign shall be placed at the exit of the driveway. The stop sign shall be of the size and located as required by the Manual on Uniform Traffic Control Devices. D. Truck turning signs shall be located on County Road 319 on either side of the driveway access for traffic going both north and south. The signs shall be of the size and located as required by the Manual on Uniform Traffic Control Devices. E. A sign showing the name of the company shall be in a visible location for emergency purposes. 7. Vibration, emission of smoke and particulate matter, and the emission of heat or radiation shall comply with applicable Federal, State, and County laws, regulations and standards. 8. The Applicant shall comply with all Local, State and Federal Fire Codes that pertain to the operation of this type of facility, this shall include compliance with the National Fire Protection Association and the Colorado Department of Labor and Employment, Oil Inspection Section for the fuel farm (tank farm on the site plan). The Applicant shall also work with the Rifle Fire Protection District to mitigate any fire protection concerns with regards to the 12,000 gallon LP tank. 9. Prior to the issuance of the Special Use Permit, documentation shall be provided regarding the physical quantity of the well for the proposed uses. Should the physical water supply of the well support the truck wash facilities, as well as the office / maintenance shop, the Applicant shall submit a new well permit allowing all these uses. Should the physical water supply of the well not support the truck wash facilities, as well as the office / maintenance shop, the Applicant shall submit a letter or revised contract with West Divide that allows the Applicant the ability to utilize the contracted water for the truck wash facility. Richins Page 3 10. Any signage installed on-site shall comply with the County's sign regulations. 11. Any changes to the Special Use Permit for the storage of 30 vacuum tanks and 200 frac trucks, a 50' X 100' office / maintenance shop, 36' X 100' truck wash enclosed structure, 24' X 24' fuel tank pad, 12,000 gallon LP tank, and the storage of Potassium Chloride in 4 tanks, will require a new Special Use Permit. 12. Partial rehabilitation of the property, should the use terminate, shall consist, at a minimum, of the following: A. All frac tanks shall be hauled away. B. All vacuum trucks shall be driven away. C. All KCI storage tanks shall be hauled away. D. Building and structures may stay and be sold to other industrial uses. E. Replacement of stockpiled topsoil. F. Compliance with all prevailing COGCC and Garfield County regulations governing final reclamation. 13. Prior to the issuance of the Special Use Permit, the Applicant shall provide a copy of an approved City of Rifle Watershed Permit. 14. Groundwater resources shall be protected at all times. In the event of potential violations with respect to water pollution, the Applicant shall provide proof of compliance with applicable Federal, State and County laws, regulations and standards. 15. Prior to the issuance of the Special Use Permit, the Applicant shall install the screening / vegetation and landscaping along County Road 319 in accordance to the Plan approved by Garfield County Vegetation Manager on August 14, 2003. The Plan includes, but is not limited to, the planting of trees and shrubs placed in approximately 10 foot intervals behind a 6 foot fence. The trees and shrubs will include Utah serviceberry, Gambel oak, Utah juniper, Pinon pine, Mountain chokecherry, Mountain Mahogany, and Roundleaf snowberry. 16. All parking (vacuum tanks) along the south end of the property shall be set back and in line with the office / maintenance shop. 17. In accordance to section 9.03.05 of the Zoning Resolution of 1978, as amended, this Special Use Permit is subject to periodic reviews not less than every six (6) months. The purpose of such review is to determine compliance or noncompliance with any performance requirements associated with granting the Special Use Permit. The periodic review is limited to the performance requirements and conditions, of this Resolution, Richins Page 4 imposed at the time of the original issuance of the Special Use Permit. 18. All lighting on the property shall be inward and downward with limited glare off site. 19. The subject property shall not become a regional parking and maintenance facility. Once condition above has been met, the actual special use permit can be issued. Please do not hesitate to contact me if you have any questions. I have scheduled the Resolution of approval before the Board of County Commissioners on Tuesday, September 2, 2003, at 8:15 a.m. in the Garfield County Plaza Building, Commissioners Hearing Room, Suite 100, 108 8th Street, Glenwood Springs. These items have been placed on the consent agenda for the Chairman's signature. You are not required to attend this meeting. Please do not hesitate to contact me if you have any questions. Sincerely, Tamara Pregl Senior Planner Garfield County I Application for Driveway Permit Application Date: 7/2/2003 Permit Number 74 Termination Date: 8/2/2003 County Road Number: 319 District: 3 Sub -Contractor: Permitee: Dalbo Inspector: Jake Mall hereby requests permission and authority from the Board of County Commissioners to construct a driveway approach (es) on the right-of-way off of County Road, 319, CR 352, adjacent to Applicant's property located on the East 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. 6) In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall be surely braced before the fence is cut to prevent any slacking of the remaining fence, and all posts and wire removed shall be turned over to the District Road Supervisor of the Board of County Commissioners. 7) No revisions or additions shall be made to the driveway(s) or its appurtenances on the right-of-way without written permission of the Board of County Commissioners. 8) Provisions and specifications outlined herein shall apply on all roads under the jurisdiction of the Board of County Commissioners of Garfield County, Colorado, and the Specifications, set forth on the attached hereof and incorporated herein as conditions hereof. Special Conditions: 1. Driveway will be 90ft Wide. 2. 15" by 90ft Culvert required. 3. 100 ft Gravel portion required. 4. Work zone traffic signs required. 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. Signed: w�lbo ��MA�P ff�� Address: '` b 2/y, '\� (( g L�SoV v""� 0- �-�V� t Telephone Number: 43 — l5 Z \c3 Permit granted 7/2/2003 subject to the provisions, specifications and conditions stipulated herein. For Board of County Commissiongrs' of Garfield County, Colorado: 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 construction 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) must accompany application. No permit win be issued without drawing, blueprint, or sketch. Garfield County Road and Bridge Department P.O. Box 426 Rifle, CO 81650 Phone -(970)625-8601 Fax- (970)625-8627 Invoice Invoice Date: 7/2/2003 Invoice Number: 74 Bill To: Dalbo P.O. Box 1168 Vernal , UT 84078 Driveway Permit Number: 74 $75.00 per Driveway Permit. Driveway Permit Fee: $75.00 Total Due: $75.00 Thank You! p „el a 01,Luk) 1 BILL OWENS Governor JEFFREY M. WELLS Executive Director RICHARD O. PIPER Division Director November 24, 2003 Dalbo Inc. 2250 County Rd. 319 Rifle, CO. 81650 970-250-5022 DEPARTMENT OF LABOR AND EMPLOYMENT DIVISION OF OIL AND PUBLIC SAFETY Inspection Section 1515 Arapahoe Street Tower III, Suite 610 Denver, CO 80202-2117 Phone 303-318-8505 E-mail oll.pubiicsafety@state.co.us Re. Dalbo Inc., 2250 County Rd., Rifle, CO. 81650 (OLP 19-04) The attached LPG Installation Application and Drawing for the above site has been approved so that the installation can be started. A copy of the application will be forwarded to Colorado State Oil Inspector, Jesse Gordley, who will inspect the facility upon completion of construction to assure compliance with NFPA 58. Inspector Gordley will leave an approved copy at the above site. A copy of this approved application is to be maintained at the above site. Contact Inspector Gordley at 303-378-6812 to arrange inspection. Rich Holcomb Oil Inspector II DEPARTMENT OF LABOR AND EMPLOYMENT Division of Oil and Public Safety Tower 3, Suite 610 1515 Arapahoe Street Denver, CO 80202-2117 LPG INSTALLATION APPLICATION FOR: _Unattended Motor Fuel Use Motor Fuel Use _Filling Containers X X Bulk Storage over 2,000 Gallons Peek Shaving (standby) Unit Number,Size, Type, and Serial Number of tanks: Nat. BD. No. 25. 1-12,000. TPr(AO), Serial# 114241 ni izki;a, ow.' Ni flit { . J.I, fw' me ataaau6 and hand - hap of i.iyuciicd Pen asunt Gases.' LPG System Owner: Dalbo Inc . LPG System Operator: Dal NI T n r Street 2250 County Road 319 Street Same City&Zip Hi fief, CO 81650 City&Zip canoe Phone No. (9 '70 750-5072 PhoneNo.( ) Same Legal Description of Site: (Not needed if Operator Street Address is shown) (Zoned) AARD Fire Protection District Ri f1 e Fire Dept Site Commonly Known as: Dalbo Truck Yard Tank Built by: Trinity TruinctriPS ASMEStamp: "— YeSXX No Installation Contractor Name and Phone Number Da l tin T n r Installation Contractor Address 2250 Con nty Rnad 31 9 City&Zip Rifle, CO 11 1650 Construction to Start (date) Oct . 1 20 0 3 Est. Completion (date) n ec. 1 7 00 3 Are there any other flammable liquid tanks on site? Yes XX No (If Yes, describe number, size, and type on plot plan) A plot plan sketch showing lot dimensions, distances to buildings, roads, railroads, property lines, overhead electrical lines, other flammable liquid storage, contaiinnment dikes, etc. is to be completed and attached to this application. _?_c_ t� Signature of Applicant: CONDITION OF APPROVAL: "Approved on condition that the construction of tanks and fittings is in full compliance with the standards of the National Fire Protection Association Code 58 for the storage and handling of Liquified Petroleum Gases: APPLICATION NULL AND VOID AFTER 60 DAYS APPLICATION APPROVED: Date: 11-2 Y —n03 By: j&— R,c{taret )-lok mio INSTALLATION APPROVED: Date: By: BILL OW ENS Governor JEFFREY M. WELLS Executive Director RICHARD O. PIPER Division Director DEPARTMENT OF LABOR AND EMPLOYMENT Division of Oil and Public Safety Tower 3, Suite 610 1515 Arapahoe Street Denver CO 80202-2117 (303) 318-8500; Fax (303) 318-8518 E-mail: oil.publicsafety@state.co.us Website: http://oil.cdle.state.co.us Installation and/or Upgrade Permit Dear Owner/Operator and Installation Contractor: The Division of Oil and Public Safety has recently received and approved the attached Installation or Upgrade permit for petroleum storage tanks. Colorado Petroleum Storage Tank Regulations require that an inspection be done on the facility when construction is completed and before operation of the storage facility is started or resumed. Please call the number listed below to arrange for an inspection. Please call at least 72 hours before air is placed in the lines, or the construction is completed to afford time to arrange an inspection. Please use the enclosed registration form to properly register a new facility or amend information concerning an upgraded existing facility. Thank you for your cooperation. Division of Oil and Public Safety (303) 318-8505 NOTE: This permit is automatically revoked SIX MONTHS after the date of issue unless the Division of Oil and Public Safety grants an extension in WRITING. Mail to: NUV 1 0 2003 ABOVEGROUND Sr Division of Oil and Public Safety 1515 Arapahoe Street Tower 3, Suite 610 CO 2-2117 Denver, pu 80sa etWast O!VI ANOp08tIC$AF -mail oil.publicsafetvCcDstate.co.us SIONOFOff E TANK INSTALLATION AND UPGRADE APPLICATION ETy CU r eIgnikiliaPPWORAWURCUreallY this application showing name and address of facility, lot dimensions, distance to buildings, roads, railroads, property lines, other flammables, dikes, containment areas, existing tanks, pipes and dispensers as well as the new equipment being Installed. Facility Name Dalbo Inc. UL Specs or other equivalent listingwaste Owner Name - l�oilbni k Address 2250 County Road 319 Address r_,res. 90 2,0x, 1,Q&a Rifle CO 81650 147 1.9---1-Ckel Cr SUoSO Phone 970-250-5022Phone V eA -10- 50-- 5n2.---2.— Size (Gallons) UL Specs or other equivalent listingwaste Product Stored (gas, diesel, oil, aviation gas, jet fuel, etc.) Single (5) or Double Wall (DW) Horizontal or Vertical Corrosion Protection Used (anode, Impressed current, n/a etc.) 17.000 147 diegel S V N/A Apptuved the ta'ikc with the condrtea tha: the construction of and fir( -.lc L.,. r}:, 11 € cuL is. 1c 4- Underground or Aboveground Single or Double Wall g Material (f.e. steel fiberglass, or other) Corrosion Protection Used Aboveground Single Steel N/A Apptuved the ta'ikc with the condrtea tha: the construction of and fir( -.lc L.,. r}:, FILL IN THE BLANKS BELOW OR CHECK APPLICABLE ITEMS Type(s) or Use of Facility: Service Station — Bulk Plant — Commercial/Industrial/Business X Govt._ If this Is a cardlock system, it is: Attended Unattended Type of Overfill Prevention: 9 0£ A l A rm most tanks must have 90% alarm or 95% shutoff) Fuel delivery system type: Suction x_ Pressurized _ (if pressurized, describe in-line leak detector Distance of Tank(s) from: Nearest building 2 0 Property Line Describe diking or secondary containment system: Concrete Re rm Standards cr the ra.tiartai Fire Prat-etfea As secucimatiun:ne - rN:EPA 11`z 5J ,:! isr . .nil bawd :rr lu1 r n;: L , _' Liquids Cure, andtart Cf.a:` ;0ii OA in accordance, Airpr tth thbtherrom" ed ,eta::r of Installation and applicahlu lary r.nii icn:nation of the Colorirlc of fr,s:ectio,Sur. s.:n.' orcJc6tJy7 04 //-4?-02 (fill tube valve, ball float, etc. - 1 0 7 Dispenser(s) 15 ) Type of vapor recovery system if required: N/ a Fire Protection District Yes x No District Name: Rifle Fi re Department SPCC, spill prevention control & countermeasure plan: Yes x No Comments Additional information you believe the Division of Oil and Public Safety (OPS) may need to approve this application: Wash bay is not an occupied building See Site Plan Any questions about this appliratinn plan rntatact Nick Pie.hins Installers Information: Name: Eaton Sales City: Denver 435-828-1820 Address: 4800 York Street State: ('O Zip: 8121•@ Phone: R00-7nR-7F57 3e9 3 " :91 - 55-62)6" "— DEPARTMENT OF LABOR AND EMPLOYMENT Division of Oil and Public Safety Tower 3, Suite 610 1515 Arapahoe Street Denver, CO 80202-2117 LPG INSTALLATION APPLICATION FOR: Unattended Motor Fuel Use tt . t t:i r 1;':::•, ifr, Motor Fuel Use r Filling Containers t i , c s ar XX Bulk Storage over 2,000 Gallons hl , al iG ficJ Pitr.n,,, lG.,s,,, anu LHn,i Peek Shaving (standby) Unit Number,Size, Type, and Serial Number of tanks: Nat. BD. No. 25. 1-12,000, T,PC(AO) , Seri al# 114241 LPG System Owner: Dalbo Inc. LPG System Operator: Da 1 hn Tnr_ Street 2250 County Road 319 Street Same City&Zip Rifle, CO 81650 City&Zip Same Phone No. (970) 750-5077 PhoneNo.( ) cape Legal Description of Site: (Not needed if Operator Street Address is shown) (Zoned) AARD Fire Protection District Rifle Fire Dept Site Commonly Known as: Dalbo Truck Yard TankBuiltby: Trinity Tnrdustripc ASMEStamp: Installation Contractor Name and Phone Number Da1hn Tnr Yes YX No InstallationContractorAddress 2250 County Road 319 City&Zip Rifle, re) ill 650 Construction to Start (date) Oct . 1 2003 Est. Completion (date) Dec 1 7 00 Are there any other flammable liquid tanks on site? Yes XX No (If Yes, describe number, size, and type on plot plan) A plot plan sketch showing lot dimensions, distances to buildings, roads, railroads, property lines, overhead electrical lines, other flammable liquid storage, containment daces, etc. is to be completed and attached to this application. Signature of Applicant: .tom[ GL_ CONDITION OF APPROVAL: APPLICATION APPROVED: 11-241-03 "Approved on condition that the construction of tanks and fittings is in full compliance with the standards of the National Fire Protection Association Code 58 for the storage and handling of Liquified Petroleum Gases: APPLICATION NULL AND VOID AFTER 60 DAYS Date: By: INSTALLATION APPROVED: Date: / / 1 /p <j By: Current January 2003 APPLICATION TO:MEAD WATER LEASE FROM WEST DIVIDE WATER CONSERVANCY DISTRICT 1. APPLICANT INFORMATION Name: C1.i `i 0 YIL., Mailing address: Q. p P, 42 t i 6, 8 8 \i CSP ns�i i LT-!rx)l. SYoi Telephone: Authorized agent: At 1 ct (st_ 1 L>; throe tr •, 2. COURT CASE #'s: Decree Case No. Augmentation Plan Case No. 3. USE OF WATER Contract #020530DI(a) Map #433 Date Activated 5/30/02 Date Amended 8/7/02 Date Amended 11/20/03 0 RESIDENTIAL (check applicable boxes) ❑ Ordinary household use Number of dwellings:_ D Subdivision: No. constructed units: _ No. vacant lots: _ D Home garden/lawn irrigation of sq. ft. Method of irrigation: 0 flood D sprinkler 0 drip 0 other 0 Non-commercial animal watering of animals 0 Fire Protection ifel/ Sharing : ee:teen:emt fa snbiuhted. dupla• owner wells nmr. ❑ COMMERCIAL (check applicable boxes) Number of units: _Total sq. ft. of commercial units: Description of use: pj INDUSTRIAL ascription of use: 0 I - i el (1 evlVtQ.ncrmettt - Evaporation: Maximum water surface to be exposed: Description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: ❑ MUNICIPAL Description of use: 4. SOURCE OF WATER Structure: Structure Name: Source: DSurface OStorage DGround water Current Permit # (if applicable) Direct Pumping: Tributary: (a n/n tact 6 R 101:r Location: v1 t— Location: C.:. L+ V) roiners C. ra c r / f..:I- 5. LOCATION OF STRUCTURE County Quarter/quarter Quarter Section Township Range Principal Meridian Distance of well from section lines Elevation Well location address: (Attach additional pages for multiple structures) 6. LAND ON WHICH WATER WILL BE USED (Legal description may be provided as an attachment) Number of acres in tract: Inclusion into the District, at Applhvarat•s expense, may be required. 7. TYPE OF SEWAGE SYSTEM 0 Septic tank/absorption leach field DCentral system DOther District name: S. VOLUME OF 41ASED WATER NEEDED IN ACRE FEET: J` (minimum of I acre foot) Protide engineering data ro support "chhele of seater requested. C omrat rchd, nttmh ipat; and irachtstrfat users smut psoPhtc diversion oral consnrnptir'e data on a monthly Posit to aiisiav Boo macer with remote readjust is regttitt'd to be installed and snaps reported to heist Divide. Applicant e..yrrersfy ackrtenv/t ages It hos lead the opportunity ter review the Disirlef!cfmrrtr ?rater Allotment l'(untmct mad agrees this application is in ode pursuant and .subject to the terms and conditions contained therein. Application Date: 1/ - V- 0, 3 Applicant Signature Applicant Signature DATE APPROVED: ; 1 • 2o -. WEST DIVIDE WATER CONSERVANCY DISTRICT r Byt' r- •>-r r 64-0-1 November 18, 2003 Mr. Nick Richins Dalbo P. O. Box 1168 Vernal, Utah 84078 Dear Mr. Richins, Garfield County BUILDING & PLANNING DEPARTMENT Code Compliance Office shackett(a,garfield-countv.com This is in reference to Garfield County Zoning Resolution 2003-65 for Dalbo Inc. This office has received complaints from neighboring property owners concerning several items that appear to out of compliance with the conditions of the Special Use Permit. It is alleged that parking of Dalbo Vehicles has been taking place on the property. Parking is not allowed until the Special Use Permit has been issued. It is further alleged that screening, vegetation and landscaping along County Road 319, as required by condition 15 of the resolution has not been completed. It is a violation of Colorado Revised Statutes 30-28-124 & 124.5, Garfield County zoning resolution of 1978, to fail to comply with the conditions of a Special Use Permit. You are hereby given notice, pursuant to the above statutes and regulations, that you must completely correct the violations within thirty (30) days of the date this notice is received. Please be advised that violation of the above statues is a misdemeanor crime punishable by a fine of not more than $100.00 or imprisonment for not more than ten days, or both, and that each day that the violation continues is deemed to be a separate offense. Garfield County Building and Zoning regulations and permit application forms are available at www.garfield-county.com in the "Building and Planning" directory. If you have any questions regarding what actions are required to achieve compliance, or you wish to report compliance action taken, please contact this office in writing at the address below or by e-mail at the address above. Sincerely, Steve Hackett Compliance Officer 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 DRAFT MEMORANDUM To: Fred Jarman From: Steve Anthony Re: Comments on the Dalbo Special Use Permit Date: December 18, 2003 I visited the Dalbo site today to check on compliance with the vegetation issues addressed in Tamara Pregl's letter to Nick Richins of Aug. 19, 2003. The applicant has addressed the screening concerns of the County. Native trees and shrubs have been planted along the fence in 10 foot intervals. While on-site I noticed that there had been earthwork and recontouring of a slope on a hillside located east of the main building. The disturbance continues for a few hundred yards and it does level out. The disturbance parallels the yard site but does appear to be outside the work area. I estimate (and this is ball -park) that approximately 2 acres of land have had the existing vegetation scrapped off and had some degree of recontouring. I expressed my concems to Mr. Richins about leaving this area bare. The bare area could adversely impact soil erosion, water quality and runoff and serve as a magnet for weed invasion. I do not feel it would be appropriate to treat the disturbed slope with the same herbicides that will be used within the work site to keep the cheatgrass controlled. On the contrary vegetation should be reestablished in this area. I have suggested to Mr. Richins that Dalbo submit a revegetation plan for the disturbances that starts along the slope and heads to the east. Mr. Richins has agreed to do this and to implement a revegetation program that includes a winter seeding to be followed by a mulching program either this winter or in the spring. This activity may be weather dependent. Mr. Richins will notify me when the revegetation is complete and I will verify at that time.