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HomeMy WebLinkAbout1.0 ApplicationRECEIVED MAY 1 JOHN A. THULSON EDWARD MULHALL, JR. SCOTT BALCOMB LAWRENCE R. GREEN TIMOTHY A. THULSON LORI J. M. SATTERFIELD CHRISTOPHER L. GEIGER ANNE MARIE CALLAHAN AMANDA N. MAURER DEBORAH DAVIS* ADMITTED TO PRACTICE IN NEW YORK AND MISSOURI 2002 BALCOMB & GREEN, P.C. ATTORNEYS AT LAW P. 0. DRAWER 790 818 COLORADO AVENUE GLENWOOD SPRINGS, COLORADO 81602 Telephone: 970.945.6546 Facsimile: 970.945.8902 May 14, 2002 Via Hand Delivery: Mark Bean Garfield County Planning Department 109 8t1 Street, Suite 303 Glenwood Springs, CO 81601 Re: Special Use Application by GMCO, Inc. Dear Mark: OF COUNSEL: KENNETH BALCOMB RECEIVED MAY 1 !t 2002 I enclose herewith for filing with your office eight copies of the Special Use Application above referenced with ten copies of the required Impact Statement relevant thereto along with a filing fee of $400.00. I look forward to discussing this matter further with you at our scheduled meeting tomorrow. Very truly yours, BALCOMB & G." EEN, P, By TAT:fa Encls. im E:\WP Docs\Felicia\Tim\Rocks R US.GMCO\ltr to Mark Bean re application. 0514.02.wpd son 0 • BALCOMB & GREEN, P.C. P. 0. DRAWER 790 PH. GLENWOOD SPRINGS, CO 8160246 • RECEIVED MAY 1 4 2002 Alpine Bank / os olein g ^e: C1),ISn o+ 0000 �® (970) 945-2 24 Alpine InlaLlna (970) 945-4433 39436 DATE CHECK NO. -ii d Dollars and no/100 ---------------------- 8 ��Isd';' - PAY tour iiundre ° ALCO : -. GREEN, P.G. 1 05/14/02 39436 82-34011021 $400.00 AMOUNT r TO THE Garfield County Treasurer ORDER OF Special Use ER P00039436o-a1:L021034071: LO L00279360 A APPLICATION Special Use Permit RECEIVED MAY 1 4 2QQ2 GARFIELD COUNTY PLANNING DEPARTMENT 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Telephone: 970-945-8212 Facsimile: 970-384-3470 Submittal Date: day 14, 2002 Base Fee: $400.00 Applicant: GJCO, Inc. c/o Tim Tnulson i alcomb & Green, P.C. Address of Applicant: P.O. Drawer 790 Telephone: 945-6546 Conditional Use Being Requested: See application Zone District: Avriculcural/Industrial Size of Property: See application Application Requirements: These items must be submitted with the application 1.) Plans and specifications for the proposed use including the hours of operation, the amount of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size of any existing or proposed structures that will be utilized in conjunction with the proposed use. Please submit this information in narrative form and 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. 3.) A map drawn to scale portraying your property, all 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.) A vicinity map, showing slope of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. 5.) A copy of the appropriate portion of a Garfield County Assessor's Map showing all public and private landowners adjacent to your property. Include a list of all property owners and their addresses. 6.) Attach a copy of the deed and a legal description of the property. 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. 7.) You must submit an impact statement consistent with the requirements of Sections 5.03, paragraphs 1 thru 3. (on industrial type use applications sections 5.03.07 and 5.03.08 will be necessary to address). The consideration of this proposed Special Use will require at least one (1) public hearing for which public notice must be provided. The Planning Department will mail you information concerning this hearing(s), approximately 45 days prior to the scheduled hearing. You will then be required to notify, by certified return receipt mail, to all owners of record as shown in the Assessor' s Office of lots within 200' of the subject lot and to all owners of mineral interest in the subject property and publish the notice provided by the Planning Department, in a newspaper of general circulation. Both these notices must be mailed/published at least 30 but not more than 60 days prior to the public hearing. The applicant shall bear the cost of mailing and publication and proof of mailing and publication must be submitted at the time of public hearing. /') The information con Attorney si6ning on b Applicant: ***Please „emit : complete sets of application when submitting for e ew. �-4 • • • 5.03 CONDITIONAL AND SPECIAL USES As listed under the Zone District Regulations, conditional and special uses shall conform to all requirements listed thereunder and elsewhere in this Resolution plus the following requirements: Utilities adequate to provide water and sanitation service based on accepted eering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use; (A97-60) del0 Street improvements adequate to accommodate traffic volume generated by the • • posed 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; Design of the proposed use is organized to minimize impact on and from adjacent uses (3)d throughinstallation of screen fences or landscape materials on the periphery of the lot and by locatn of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; Additional specific requirements and prerequisites for certain uses are as follows: (A. 79-132) 01 (1) Mobile Home as Principal Use of the Lot: A mobile hom may be allowed as the principal use of a lot as a special or conditional use, as provid within the zone district provisions of this Resolution, provided that each of the follow' g conditions is satisfied in the situation of a special use and that the first three (3) of the conditions are satisfied in the situation of a conditional use: (A) The mobile home has a minimum of seven hu • red twenty (720) square feet of floor area; mobile home is placed on a perm. • ent concrete or masonry footer; (B) (C) The mo. le home shall be skirted, ith no storage allowed underneath or outside the structure. The : ilding Official may - quire tie -downs in locations subject to high winds; (D) The lot on wh' the mo e home is to be placed shall be posted with a Notice of Intent, fifteen (15) days prior . the public hearing; (E) Written notice oft - p • lic hearing as required by Section 9.03.04 of this Resolution shall be sent by the app : ant to e land owners within two hundred (200) feet of the lot on which the mobile ho . is to be 1 • ated at least fifteen (15) days prior to the public hearing by certified return - ceipt mail. a return receipts, showing receipt of notice by such property owners, : all be given to th. Planning Director at least five (5) days prior to said hearing, unless . e applicant is able to o -rwise show evidence ofreceipt of adequate notice. Notice by pu . ication required by said S - tion 9.03.04 shall be given in a newspaper of general circ , ation once, at least fifteen (15) ays prior to hearing: (2) . ufactured Home as the Principal Use • the Lot: A manufactured home shall be allow - • as the principal use of a lot as a use by rill' t, provided that each of the following con c(i ions is satisfied: A) The manufactured home is at least twenty-four (2 ' feet in width and thirty-six (36) feet in length; 74 • • Introduction/Background Please find enclosed the application, fees, maps and supplemental information for a Special Use Permit for storage and accessory uses instant to the proposed facilities of the Applicant, GMCO, Inc. to be located on that real property located approximately two miles east of the city limits of Rifle, Colorado and more particularly described within Exhibit A hereto (hereinafter "GMCO Site"). In accordance with the requirements of Section 5.03.07(1) an industrial use Impact Statement addressing these proposed facilities is provided separately hereto. Generally speaking, approval of this application will allow Applicant to relocate its chip sealing and magnesium chloride trucking operations from their present location in Carbondale, Colorado to the GMCO Site. Consistent with the general trend experienced in Garfield County, this western move will place operations closer to residences of applicant's work force and as such, obviate the need for their up -valley commute. The entire GMCO site is presently zoned Agricultural/Industrial (A/I) and is isolated and separated from residential/commercial development being bounded on the south by the Colorado River, the north by the Union Pacific railroad right -of way and State Highway 6&24, the east by the United Companies MMM/Chambers sand and gravel pit and the west by the municipal water diversion facilities for the City of Rifle Colorado. Access to the site shall be provided pursuant to existing private roadway connecting to State Highway 6&24 — access over and across the railroad right-of-way is allowed under the Private Roadway Agreement with the Southern Pacific Transportation Company and Denver and Rio Grande Western Roadway, which license shall be assigned to Applicant. Past and present uses of the GMCO site include:: a. sand and gravel pit mining, crushing and load out operations from approximately 1979 to 1998. Applicant is unaware of special use permits that were was issued by the County for such mining operations and has assumed that the same were simply nonconforming uses. All required reclamation work instant to said prior sand and gravel operations have been completed and the prior leaseholder/operator, United Companies MMM is presently in the process of obtaining a pro rata release for the GMCO site with the Division of Minerals and Geology under the reclamation permit. (Reclamation Permit M-1979-205). This release will be forwarded to County staff upon receipt, which Applicant expects to occur within the next month; b. concrete casting plant with associated storage and asphalt batch plant pursuant to Special Use Permit Approval 84-56 (Garfield County 1984). This special use permit approval, recorded in Book 647 at Page 45 of the records of the Clerk and Recorder for Garfield County, Colorado, had a stated duration of five (5) years and, being unaware of any record extension(s) of the same, Applicant has assumed that said special use approval has terminated under its own terms; Special Use Application/GMCO Page 1 E:\WP Docs\Felicia\Tim\Rocks R US.GMCO\Spec.Use.App.GMCO.04.21.02.wpd • • c. associated camper park pursuant to Special Use Permit Approval 97-83 (Garfield County 1997). This special use permit approval, recorded in Book 1034 at Page 243 of the records of the Clerk and Recorder for Garfield County, Colorado, allows the maintenance and use of five (5) camper spaces provided that the occupants of the same are "[1]imited to those individuals working for the property owner and their direct family...". Applicant will make these spaces available to members of its workforce; and d. ongoing office, storage and maintenance facilities for Rocks R Us LLC. Applicant has assumed that said facilities were accessory to the nonconforming and permitted uses hereinabove described. Under the present circumstances Applicant, given the close proximity of its proposed operations to the water diversion and pumping facilities of the City of Rifle, may need to process with and obtain from the City a Watershed District Permit (See Rifle Municipal §§ 10.050.010- 110). However, negotiations for the possible relocation of said diversion and pumping facilities to the pond located on the GMCO site (upstream from Applicant's proposed operations) are presently ongoing between Applicant and the City and which could obviate the need for such permit approval. If Applicant and City are unable to reach an agreement in this regard or if their Agreement leaves any portion of the City's diversion and pumping facilities downstream of Applicant's proposed operations, Applicant will process the application for Watershed District Permit simultaneous with this Application and will agree to condition implementation of the special use permit approval sought herein upon receipt of the same. As set forth more fully below, the uses proposed herein satisfy all relevant regulatory criteria contained within Section 5.03 of the Garfield County Zoning regulations, are highly compatible with the land uses existing and permitted within adjacent and surrounding properties and are in furtherance of the health, safety and welfare of the citizens of Garfield County. Application and Section 5.03 Information Application Information. 1. Plans and specifications for the proposed use including the hours of operation, the number of vehicles accessing the site on a daily, weekly and/or monthly basis and the size of any existing and proposed structures that will be utilized in conjunction with the proposed use. Please submit this information in narrative form and be specific. Response. The plans and specifications for the GMCO Site are set forth within the 11x17 document prepared by High Country Engineering, Inc. entitled GMCO Site Plan and attached hereto as(Ehibit B. The dimensions of all building footprints are set forth within said Exhibit B and consist-of'the following existing and proposed structures: Special Use Application/GMCO Page 2 E:\WP Docs\Felicia\Tim\Rocks R US.GMCO\Spec.Use.App.GMC0.04.21.02.wpd • *Existing - wooden office building, metal building, fuel storage area, power shed, camper pads (2), well houses (2) and appurtenant septic systems. *Proposed - diesel and magnesium chloride storage tanks, sand and gravel storage bays; consolidated maintenance building and office and appurtenant septic system; truck rack washout facility and appurtenant drainage pipes and holding tanks and 2 acre parking lot. All of the above structures will be utilized by Applicant instant to its magnesium chip and seal and roadway maintenance/construction operations conducted under this special use permit which uses shall included: the storage of diesel fuel, storage of magnesium chloride, the storage of sand and gravel and the storage of heavy equipment with accessory uses thereto including, the maintenance and repair heavy equipment, the operation of executive and administrative offices and the housing of Applicant employees pursuant to the terms, conditions and provisions of Garfield County Special Use Permit No. 97-83. The anticipated hours of business operation for the GMCO Site are from 6 A.M. to 8 P.M. Monday through Sunday during the months of March through November and 6 A.M. to 6 P.M. during the months of December through February. Total vehicle trips to and from the GMCO site shall not exceed 30 trips per day, which amount is significantly less than the past number of trips previously permitted for and generated by this site.' 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 approved water augmentation plan. Response. Water use at the GMCO Site will limited to that required for in-house office personnel use and the cleaning of trucks and other heavy equipment via the wash rack depicted within the GMCO Site Plan. All in-house water use for the proposed facilities will be treated pursuant to individual sewage treatment system ("ISDS"), which ISDS shall be constructed in accordance with the plans and specifications prepared by High Country Engineering, Inc. entitled GMCO ISDS Site Design and attached hereto as Exhibit C and the Design Standards contained within the Garfield County Subdivision Regulations at Section 9:60. The water supply for the GMCO Site shall be provided pursuant to existing on-site wells (Porto - Mix Wells Nos 1 and 2), the permits for which are attached hereto as Exhibit D. The Porto- Mix Wells 1 and 2 will be augmented pursuant to water allotment contract with the West Divide Conservancy District. 'Special Use Permit No. 84-56, 45 allowed 45 vehicle trips per day instant to the casting and asphalt batch plants, solely. Consistent with its status as a nonconforming use, no caps were in place as to the number of vehicles generated by the pre-existing sand and gravel pit operations. Special Use Application/GMCO Page 3 E:\WP Docs\Felicia\Tim\Rocks R US.GMCO\Spec.Use.App.GMCO.04.21.02.wpd • 3. A map drawn to scale portraying your property, all structures on the property and the County or State roadways within (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. Response. The GMCO Site Plan sets forth all structures proposed to be located within the property; all County and State highways located within (1) mile of the property are set forth within the vicinity map included with the GMCO Site Plan. Applicant is not proposing any new or expanded access ways onto or from the property — access to the GMCO Site being provided from State Highway 6&24 via the existing access utilized under the previous sand and gravel, asphalt batch plant and concrete casting plant operations previously conducted on the property. 4. A vicinity map, showing slope of your property, for which a US. G. S. 1:240000 scale quadrangle map will suffice. Response. A vicinity map of the appropriate size is included within the GMCO Site Plan. 5. A copy of the appropriate portion of the Garfield County Assessor's map showing all public and private landowners adjacent to your property. Include a list of all property owners and their addresses. Response. Exhibit E, attached hereto is the appropriate portion of the Garfield County Assessors Map showing the parcels adjacent to the subject property. Exhibit F, attached hereto is the list of the mineral rights owners and all property owners lying adjacent to and within 200' of the GMCO Site. 6. Attach a copy of the deed and a legal description of the property. If you are acting as an agent for the property owner, you must attach a acknowledgment from the property owner that you may act on his/her behalf Response. The legal description of the property encompassing the GMCO Site and proof of vesting of title is contained within the Land Title Guarantee Company, Title Commitment No. GW237274-3, attached hereto as Exhibit G. Applicant's president, Richard Stephenson is presently under contract with the owner of the property, Rocks R Us, LLC, a copy of which is attached hereto as Exhibit H. Assignment of this contract from Richard Stephenson to the Applicant shall be effected prior to the consideration of this Application before the Board of County Commissioners. Pursuant to Paragraph 24 of said contract, Rocks R Us, LLC has consented to the filing and processing of this application by Applicant. Section 5.03 Information. Special Use Application/GMCO Page 4 E:\WP Docs\Felicia\Tim\Rocks R US.GMCO\Spec.Use.App.GMCO.04.21.02.wpd • • Section 5.03. (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. Response. See Applicant's response to 2., hereinabove. Section 5.03(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. Response. See Applicant's responses to 1 and 3, hereinabove and Applicant's response to Section 5.03.07(1)(D) under the Impact Statement attached hereto. Section 5.03(3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation offences and landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such manner as to protect established neighborhood character. Response. The GMCO Site is located in an area chiefly characterized by industrial/mining uses. As stated above, the GMCO site is bounded on the north by the Union Pacific railroad lines and a State Highway 6&24, on the south by the Colorado River, on the west by the municipal water diversion works for the City of Rifle and on the East by on-going sand and gravel mining operations. The nearest residential neighborhood is located north of said railroad lines and highway and approximately one mile from the GMCO Site. This isolated location combined with the natural topography, surrounding flora and low intensity of uses proposed for and instant to the GMCO Site ensure the minimization of adverse impacts on or from adjacent uses of land and as such, obviate the need for any and all artificial screening or landscaping. Lighting will be placed only as necessary for night time safety and security purposes and will be directed downward and inward to the property. Signage will be used as required to comply with safety standards for the proposed operations and trade signage will be placed at the entry location. All storage tanks shall be painted in natural earth tones. All of the above described aspects of the GMCO Site are consistent with the established character of the surrounding neighborhood. Section 5.03.07(1) 5.) -,vi -z4,7 07 . Response. See Applicant's Impact Statement attached hereto. Section 5.03.07(2) Permits may be granted for those uses with provisions that provide adequate mitigation for the following. Special Use Application/GMCO Page 5 E:\WP Docs\Felicia\Tim\Rocks R US.GMCO\Spec.Use.App.GMCO.04.21.02.wpd • • (A) A plan for site rehabilitation must be approved by the County Commissioners before a permit for a conditional or special use will be issued. Response. In the event Applicant, terminates the uses sought herein, applicant shall remove all stored materials from the GMCO Site. Given that the facilities to be constructed within the GMCO Site constitute permanent improvements which could be used in connection with other "allowed uses" under the zoning text, rehabilitation of the same is non sequitur and of no purpose. (B) The County Commissioners may require security before a permit for special or conditional use is issued, if required. The applicant shall furnish evidence of a bank commitment of credit, bond, certified check or other security acceptable by the County Commissioners to secure the execution of the site rehabilitation plan in workmanlike manner and in accordance with the specifications and construction schedule established or approved by the County Commissioners. Such commitments, bonds or check shall be payable to and held by the County Commissioners (Emphasis Added). Response. Given the nature of the facilities to be constructed and because all the goods, materials and equipment to be contained within the GMCO Site are fungible, marketable and/or in and of themselves mobile, applicant would request that any and all security requirements as to the rehabilitation of the GMCO Site be waived. (C) Impacts set forth in the impact statement and compliance with the standards contained in Section 5.03.08 of this Resolution. Response. See Applicants Impact Statement and responses set forth hereinbelow. Section 5.03.0 Industrial Operations. All industrial operations in the County shall comp& with applicable County, State and Federal regulations regulating water, air and noise pollution and shall not be conducted in a manner constituting a public nuisance or hazard. Operations shall be conducted in such a manner as to minimize heat, dust, smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the property in which such uses are located, in accord with the following standards: (1) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. Response. The sounds generated under the uses sought herein or accessory thereto will pertain solely to the operation, movement, loading and maintenance of heavy Special Use Application/GMCO Page 6 E:\WP Docs\Felicia\Tim\Rocks R US.GMCO\Spec.Use.App.GMCO.04.21.02.wpd • • equipment and the travel of trucks and passenger vehicles to and from the GMCO Site, all of which activities fall well within the allowed minimum standard for industrial zones of 75dba(A). Colo. Rev. Stat. § 25-12-103 (2001). Given that the GMCO Site is over 43 acres in size and will have all facilities centrally located, that it is bounded on three sides by the Colorado River, railroad tracks and a State Highway 6&24, and an active gravel mining operation, respectively, it is highly unlikely that under the statutory criteria that any sounds emanating from the GMCO Site would even be detectable. (2) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located. Response. None of the uses sought herein or accessory thereto will generate on a recurring basis, vibrations which would be perceptible in the absence of instruments. (3) Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards. Response. The GMCO Site will contain no point sources subject to regulation under the Colorado Air Pollution Prevention and Control Act, Colo. Rev. Stat. §§ 25-7- 101 et. seq., and as such no permits (APEN) or other approvals from Division of Administration (CDOH&E)/Air Quality Control Commission/Colorado Department of Health and Environment shall be required as a condition precedent to the special use permit sought herein. (4) Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks or other operations which may be required by law as safety or air pollution control measures shall be exempted from this provision. Response. See, Applicant's response to 5.03.08(3), hereinabove. Other than the exhaust emitted from the sporadic operation of heavy equipment and normal passenger vehicle travel, the GMCO Site will not emit any heat, glare, radiation or flumes. (5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas: Special Use Application/GMCO Page 7 E:\WP Docs\Felicia\Tim\Rocks R US.GMCO\Spec.Use.App.GMCO.04.21.02.wpd • (A) Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and local fire codes and written recommendations/comments from the appropriate local protection district regarding compliance with the appropriate codes. Response. No flammable or explosive solids or gases shall be stored within the GMCO Site. (B) At the discretion of the County Commissioners, all outdoor storage facilities may be required to be enclosed by fence, landscaping or wall adequate to conceal such facilities from adjacent property. Response. See, Applicant's response to 5.03(3), hereinabove. (C) No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any foreseeable natural causes for forces. Response. The area incorporating the GMCO Site has not been incorporated within a Flood Insurance Rate Map adopted by the Federal Emergency Management Agency. A flood plain study commissioned and _.._ prepared in part by Applicant however, did reveal the GMCO Site to be located within the Flood Fringe of the Colorado river (Area of Shallow Flooding). In accordance with this finding, all proposed structures, including diesel fuel storage tanks and sand and gravel loading bays, within the GMCO Site shall be raised, by fill, to an elevation above the 100 year Flood plain. Given the shallowness of the flood plain in this area, such fill will not be extensive. (D) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards: 1. The minimum lot size is five (5) acres and is not a platted subdivision. Response. The GMCO Site is in excess of 43 acres in size and is not contained within a platted subdivision. 2. The equipment storage area is not placed any closer than 300 feet from any existing residential dwelling. Response. No equipment shall be stored within 300 feet of any Special Use Application/GMCO Page 8 E:\WP Docs\Felicia\Tim\Rocks R US.GMCO\Spec.Use.App.GMC0.04.21.02.wpd • • existing residential structure. 3. All equipment storage will be enclosed in an area with screening at least (8) feet in height and obscured from view at the same elevation or lower. Screening may include berming, landscaping, sight obscuring fencing or a combination of any of these methods. Response. As discussed above, the natural topography of the site, obviates the need for any and all man-made berming, landscaping or screening. 4. Any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a.m. to 6 p.m., Mon -Fri. Response. All maintenance and repair activities will be conducted in accordance with the requirements of this section. S. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of- way. Response. All loading and unloading of vehicles will be conducted within the GMCO Site. (E) Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in sized Response. The storage area within the GMCO Site for non -natural resources (approximately 4 acres) does not exceed ten(10) acres in size. (F) Any lighting of storage areas shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. Response. See, Applicant's response to 5.03(3), hereinabove. (6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. Special Use Application/GMCO Page 9 E:\WP Docs\Felicia\Tim\Rocks R US.GMCO\Spec.Use.App.GMCO.04.21.02.wpd • All percolation tests or groundwater resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin. Response. See, Applicant's Impact Statement, response to 5.03.07(1)(A). Prior to installation of septic system, Applicant will have representative soil absorption tests performed in accordance with Section 9:61 of the Garfield County Subdivision Regulations and the Guidelines on Individual Sewage Disposal Systems promulgated by the Colorado Department of Health and Environment. If required, Applicant will process an application for watershed district permit with the City of Rifle, Colorado. Special Use Application/GMCO Page 10 E:\WP Docs\Felicia\Tim\Rocks R US.GMCO\Spec.Use.App.GMC0.04.21.02.wpd • • Exhibit A Or Order No. GW237274-3 LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN LOTS 1 AND 2 OF SECTION 15, AND THE SE1/4 OF SECTION 10, ALL IN TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 15; THENCE S. 00 DEGREES 05'29" W. 716.76 FEET TO THE SOUTH LINE OF SAID LOTS 1 AND 2; THENCE S. 77 DEGREES 00'00" W. 1386.00 FEET ALONG SAID SOUTH LINE; THENCE S. 75 DEGREES 00'00" W. 262.91 FEET ALONG SAID SOUTH LINE TO THE EASTERLY LINE OF A TRACT OF LAND DESCRIBED IN BOOK 490 AT PAGE 716 OF THE RECORDS OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO; THENCE ALONG SAID EASTERLY LINE THE FOLLOWING 2 COURSES: (1) N. 63 DEGREES 13'39" W. 392.47 FEET;THENCE (2) N. 24 DEGREES 28'39" W. 220.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF THE DENVER AND RIO GRANDE WESTERN RAILROAD; THENCE N. 63 DEGREES 35'34" E. 2285.62 FEET ALONG SAID RIGHT OF WAY LINE TO THE EAST LINE OF SAID SECTION 10; THENCE S. 00 DEGREES 00'00" E. 296.95 FEET ALONG SAID EAST LINE OF SECTION 10 TO THE POINT OF BEGINNING. TOGETHER WITH A TRACT OF LAND SITUATE IN THE NE1/4 OF SECTION 15, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 OF SAID SECTION 15 WHENCE THE NORTHEAST CORNER OF SECTION 15 BEARS N. 00 DEGREES 05'29" E. 716.76 FEET; THENCE S. 00 DEGREES 05'29" W. 232.73 FEET ALONG THE EAST LINE OF SAID SECTION 15 TO THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED AS PARCEL NO. 2 RECORDED IN BOOK 666 AT PAGE 296; THENCE ALONG THE NORTH LINE DESCRIBED IN PARCEL 2, BOOK 666 AT PAGE 296 THE FOLLOWING 2 COURSES; (1) S. 72 DEGREES 07'26" W. 1385.10 FEET;THENCE (2) S. 87 DEGREES 18'26" W. 114.55 FEET TO THE EASTERLY LINE OF A TRACT OF LAND DESCRIBED IN BOOK 490 AT PAGE 716; THENCE N. 25 DEGREES 43'39" W. 288.87 FEET ALONG SAID EASTERLY LINE; THENCE N. 63 DEGREES 13'39" W. 51.53 FEET ALONG SAID EASTERLY LINE TO THE SOUTH LINE OF LOTS 1 AND 2 OF SAID SECTION 15; THENCE N. 75 DEGREES 00'00" E. 262.91 FEET ALONG SAID SOUTH LINE; THENCE N. 77 DEGREES 00'00" E. 1386.00 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO • • Exhibit B • • Exhibit C • • Exhibit D Apr 11 02 04:04p ED Companies 9725-5605 • IN THE DI: TI;ICT VOMIT II: AND WATLA UIVISIOK no, 5 3TC` D1 OP COLO^? )O CA3C N0, W- 2503 IN r "1''I'TEf oro THO APPLICATION *FOR F: A'[•,^, R n.i„U T S c ' Pc4rC._MIa CONCRETE, INC !N TISfi CO')LO.AR.IVI:3 Tyyn�/lv//��yy� (tyyy,y ) TN GARFIELDt Ci.UNS.' 1N 1V,VI'Isit (:C)UIC•1• )Jv'ioi1A: Jar,. S 4411,:j 1 197;7 I'.L'LIfl APSCLU E DCCREi Article 92 ef Chaotor 37, And the Referee havinz made the Investinatio-a reeuired by Folic+laic ruling, to-wi : C'fi,5. 1973. does he:Qyy make ';he Natehis application was referred t t„_ Division eo. 5 on the 9t- day he '•a_._ Referee of • y of Lece�3er , 1y74 1. Name of Applicant address Porto -)rix Concrete Inc. 8t. !, Lox 164• Glenwood Springs, Colorado 2, The name of the stractare is Porto -Mix rel.). No. 1. 3. The Legal description ofthe structure is: Tt,e well is located in Lot 1, Section 1: T, 6 S. et a point whence :he horteetsr C , 93 1.r, o-' the 15 P rs N. 59'35, L. 1,343,27 Leec, Corner of said Section 15 Leo;;; L. The depth of the well la 21 feet, 5. The date or tho initiation ot the appropriation is 'November 22, 1c 6. Thearncun: of nate: . claimed is 0,022 cubic foot per second of :i:r 7, The use of the water Ss domestic. 8. The State Engineer's number 10 none. . 9. The priority date is Sovertber 22, 1965, ).C.The date of the application was December 4, 1974. It Is the ruling or the Referee that the statements Sr. the application ere true an. that the above descrined water r1ght is approved. The above described underground water right oo.eets the criteria for an e4emo t dorrea` ,;7-�2_f•0?y)ic_ _,� 3-, -, 'c well -ars..>.::: C.11-0. ro: the .ur,peasant. f;.,-62(4). so ion? as 119Ti, tF h,n e_.. �? s used • It is accordir.,�J. ,RP'r7ED 7. lime CDC.: !'!, it this r { �Jii:ai ❑^:Care • . ?vied 3: line with the Water er' ul_nL provided b, law. %u ,lett to td±alai Don& at the City of Glenwood Springs, Colorado / day Of /J r tJ 1.�, 197,57 d'- r rlc tree 141tor Givisior. No, 5 State o. Colorado prctcst g.'•3 f t161.1 Sn thin r']t'cr. ^+ t':re.zeis4 r:117..F 11 cont'reed A:.'• c'prored, And is aures the Jue&poot nod Doctor o: this (mart. ra t oa: '2V,444 i 3 ) Q73i lies 0 p.5 . .— JJ7 ?.. <1.1 -t....l.r,—C C444NEL'aIKA 973 scs ,7 III/1 ..-__ / S., ,E C3 W OF T. 6T H.Pil LOT/ ($c. • 0,P7-0 —A-7/ X WELL /VO. / i pA= OF • 1 PORO-miX WE'..1 ,IC.. I I • •• ORFLD Cowry ;. S5td wel. 11 sl%ated 1", Lar 1 of Secli:n t5, 7o..Isnip 5 Sout7, i la7se 91 ,Y(..st 0. the 5!,(Tn Prinzipt1 !0-11:'... ;(..4-..N.,! ?0. ., 001,-, 4 019nSt rt,) ,N,f-'!,137 COrnkr Of *,.ail :w.;'.5r 1 94:0 E. ;343.27 P.C. 20x-40 aftWCOD S;P;71SE, COLCR.;00 Ed SO9S—Sa9-0L6 saTuedwo3 G3liwn zo II Jolid Apr 11 02 04: 04p LVED Companies 9725-5605 IN Tlll; DI GTRICT COU::'^ IW AND 1'OR WAT1iH )1VISION NO. 5 STAT OP COLORADO CASE no. 'I- 25c4 IN TPr. MA7T1;R 0r, TN% APPLICATION ) FOR 4A'1'4P •r.IOH'rS O? ) PORTA-?11X COXC.C%, INC. RULIN:C OF TUE Rz?'L•'RErl I1' T::F, COLORADO RIVER Eft°`O'C?N3,7=X411:.'0:,30Cf.fX �•$50i L: DECY.EL POR ra �Uv: hATL'R RIGHTS tOZEZVA,MITX(XVOLV ) IN GARFIELD CCUh•TY ) ) And the Referee having made the lnvesti�ations repaired by y'_Artiruling2 , or Chanter 37, C.R.S. 1973, does `:ereo, na::e the R - ng, to wit: ' This application was referred to the :Tatar Rererea o: Water Division No. 5 on the 90h day cf Ceeer,p 1974 1. :large of Applicant Forto-Mia Conc:ace Inc. v '. Address Rt.. 1, 9v'.1:14; Glenwood SprinDs, Colored 2. The nacre of the structure. is Porto -Mix well No. 2. 3. Toe Legal description of the str,,cture is: T'r.s .el ie located 1n Lot 1, Section 15, T. r S., R. 93 W. of :he 6th P.M. at a point whence the Northeast Cerner o1 said Sec=.o:1 15 bears t1. 57432/30" E. 1,497.90 feet. 4. The depth of the well is 21 fee:. 5. The date cf initiation or apPrc;-rf.Ctior. Is Novemloe6. The amount oZf�'ater claimed is second off pine. 0.11 cubic �aot per 7.• The use ort.`.3 wa;tr 1.a industrial, for the opera:ion of a ready mix concrete operation. 3. The State Eniti peer's number la 10485-F. 9. The i'rtori`v date is November 22, 1965. 10. The date o' the application was F !1_ cer.+har w, 1974. It _. the rullav or the Pe:'eree thYlt the statements au!licatlbn aro true dr:� that th,. above a 1.^. :is and .ascribed water riryt is s?^`.OveC R.^ar:tvd he i�dc�t9dr'ori ull earlier priority ri.;nts cf others. v; tub`;ect, however, to of:ectItot is_ accordlr.g1rORCE'tED that this .-•:ling shall become re:ect as rev Miry: with the C!c: v, NuDJecc to Judicial ped by law. ' Done a: the': ^.1`.y of Glenwood S rine Colorado this 191 • Sa pretc;t r:15 filed Ir, tb'.; me ter. r-, torOn'OIDg L::nc conti:ztd c;?rOvsd. n.^.d I3 :ode the arti r" .49 0: this cu:rt. Iul,;o rater f.cfcroe Water Division No. 5 Stagy: of Colorado p. 4 • • Exhibit E Adjoining 2177 co a) u�� of Na_ O W W M v D 0 RIFLE N 2—HC N 0 0 v m COUNTY ROAD NO., 291 m 0) W W -113 0 N 396 Co W 0 CD w • (.1 1 Exhibit F Land Title GUARANTEE COMPANY May 8, 2002 Timothy A. Thulson Balcomb & Green, P.C. PO Box Drawer 700 Glenwood Springs, CO 81602 Re: Rocks R Us, LLC and Richard K. Stephenson/Land Title Commitment Order GW237274-3. Dear Tim: Enclosed please find the mailing list for property owners within 200 feet of the boundaries of the above -referenced property. Please note that the last three owners are technically more than 200 feet from the boundaries of this property. They are approximately 205 to 210 feet from the boundary. I included them since they are very close. Mineral interests in the property are as follows: 1. The United States Government as reserved in the Patent. 2. Edna M. Donna 2755 D. Road Grand Junction, CO 81501-2779 and 3. Rocks R Us, LLC If you need further information, please let me know. Sincerely, C c c i Susan J. Ohlson, Title Examiner 1317 Grand Avenue Suite 200 Glenwood Springs, CO 81601 970-945-2610 fax 970-945-4784 -#- DONALD SCOTT 1 COUNTY ROAD 315 SILT CO 81652 :ITY OF RIFLE PO BOX 1908 RIFLE CO 81650-1908 GOLDEN BUFF ENTERPRISES PO BOX 2104 GLENWOOD SPRINGS CO 81602-2104 COLORADO RIVERS EDGE LLC PO BOX 1556 RIFLE CO 81650 GYPSUM RANCH CO LLC PO BOX 1220 CARBONDALE CO 81623-1220 DENVER & RIO GRANDE WESTERN RR 1700 FARNAM STREET FL 10 OMAHA NE 68102-2002 CONESTOGA STORAGE PARNTERS 55 COUNTY ROAD 317 RIFLE CO 81650-8455 DAVID JOHNSON 55 COUNTY ROAD 317 RIFLE CO 81650-8455 KENNETH & MARY SPANGLER 27955 HIGHWAY 6 RIFLE CO 81650-9451 • • • Exhibit G • • Land Title Guarantee Company CUSTOMER DISTRIBUTION Date: 02-21-2002 Property Address: 27346 HIGHWAY 6 & 24 RIFLE, CO 81650 ROCKS R US LLC P.O. BOX 1556 RIFLE, CO 81650 Attn: OLIVIA A. FAWCETT Copies: 1 Sent Via US Postal Service BALCOMB & GREEN PO DRAWER 790 818 COLORADO AVE GLENWOOD SPRINGS, CO 81602 Attn: TIMOTHY THULSON Phone: 970-945-6546 Fax: 970-945-8902 Copies: 1 Sent Via US Postal Service Form DELIVERY Our Order Number: RICHARD K. STEPHENSON P.O. BOX 1220 CARBONDALE, CO 81623 Phone: 970-963-3578 Fax: 970-963-1311 Copies: 1 Sent Via US Postal Service GW237274-3 SCHENK, KERST & DEWINTER, LLP 302 EIGHTH STREET SUITE 310 GLENWOOD SPRINGS, CO 81601 Attn: JOHN SCHENK Phone: 970-945-2447 Fax: 970-945-4767 Copies: 1 Sent Via US Postal Service Land Title Guarantee Company YOUR CONTACTS Date: 02-21-2002 Property Address: 27346 HIGHWAY 6 & 24 RIFLE, CO 81650 Buyer/Borrower: RICHARD K. STEPHENSON Seller/Owner: ROCKS R US LLC If you have any inquiries or require further assistance, For Closing Assistance: Margaret Joy 1317 GRAND AVE #200 GLENWOOD SPRINGS, CO 81601 Phone: 970 945-2610 Fax: 970 945-4784 EMail: glenwood@ltgc.com Our Order Number: GW237274-3 please contact one of the numbers below: For Title Assistance: Glenwood Springs "GW" Unit 1317 GRAND AVE #200 GLENWOOD SPRINGS, CO 81601 Phone: 970-945-2610 Fax: 970-945-4784 Need a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com for directions to anv of our 40 office locations. ESTIMATE OF TITLE FEES Alta Owners Policy 10-17-92 Deletion of Standard Exception(s) (Owner) Tax Certificate $1,259.00 $20.00 $15.00 TOTAL $1,294.00 Form CONTACT THANK YOU FOR YOUR ORDER! • • Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. GW237274-3 Schedule A Cust. Ref.: Property Address: 27346 HIGHWAY 6 & 24 RIFLE, CO 81650 1. Effective Date: January 25, 2002 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 10-17-92 $500,000.00 Proposed Insured: RICHARD K. STEPHENSON 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: ROCKS R US LLC 5. The land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION Our Order No. GW237274-3 LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN LOTS 1 AND 2 OF SECTION 15, AND THE SE1/4 OF SECTION 10, ALL IN TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 15; THENCE S. 00 DEGREES 05'29" W. 716.76 FEET TO THE SOUTH LINE OF SAID LOTS 1 AND 2; THENCE S. 77 DEGREES 00'00" W. 1386.00 FEET ALONG SAID SOUTH LINE; THENCE S. 75 DEGREES 00'00" W. 262.91 FEET ALONG SAID SOUTH LINE TO THE EASTERLY LINE OF A TRACT OF LAND DESCRIBED IN BOOK 490 AT PAGE 716 OF THE RECORDS OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO; THENCE ALONG SAID EASTERLY LINE THE FOLLOWING 2 COURSES: (1) N. 63 DEGREES 13'39" W. 392.47 FEET;THENCE (2) N. 24 DEGREES 28'39" W. 220.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF THE DENVER AND RIO GRANDE WESTERN RAILROAD; THENCE N. 63 DEGREES 35'34" E. 2285.62 FEET ALONG SAID RIGHT OF WAY LINE TO THE EAST LINE OF SAID SECTION 10; THENCE S. 00 DEGREES 00'00" E. 296.95 FEET ALONG SAID EAST LINE OF SECTION 10 TO THE POINT OF BEGINNING. TOGETHER WITH A TRACT OF LAND SITUATE IN THE NE1/4 OF SECTION 15, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 OF SAID SECTION 15 WHENCE THE NORTHEAST CORNER OF SECTION 15 BEARS N. 00 DEGREES 05'29" E. 716.76 FEET; THENCE S. 00 DEGREES 05'29" W. 232.73 FEET ALONG THE EAST LINE OF SAID SECTION 15 TO THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED AS PARCEL NO. 2 RECORDED IN BOOK 666 AT PAGE 296; THENCE ALONG THE NORTH LINE DESCRIBED IN PARCEL 2, BOOK 666 AT PAGE 296 THE FOLLOWING 2 COURSES; (1) S. 72 DEGREES 07'26" W. 1385.10 FEET;THENCE (2) S. 87 DEGREES 18'26" W. 114.55 FEET TO THE EASTERLY LINE OF A TRACT OF LAND DESCRIBED IN BOOK 490 AT PAGE 716; THENCE N. 25 DEGREES 43'39" W. 288.87 FEET ALONG SAID EASTERLY LINE; THENCE N. 63 DEGREES 13'39" W. 51.53 FEET ALONG SAID EASTERLY LINE TO THE SOUTH LINE OF LOTS 1 AND 2 OF SAID SECTION 15; THENCE N. 75 DEGREES 00'00" E. 262.91 FEET ALONG SAID SOUTH LINE; THENCE N. 77 DEGREES 00'00" E. 1386.00 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO ALTA COMMITMENT Schedule B-1 (Requirements) The following are the requirements to be complied with: Our Order No. GW237274-3 Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: 1. AN ASSIGNMENT OF THE PRIVATE ROADWAY AGREEMENT BETWEEN PACIFIC TRANSPORTATION COMPANY, THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY AND CUSTOM CRUSHING, INC TO RICHARD K. STEPHENSON MUST BE RECORDED WITH THE GARFIELD COUNTY CLERK AND RECORDER. 2. RELEASE OF MEMORANDUM OF LEASE RECORDED NOVEMBER 22, 1999 IN BOOK 1161 AT PAGE 451 UNDER RECEPTION NO. 555639. 3. RELEASE OF DEED OF TRUST DATED MAY 01, 1996, FROM OLIVIA A. FAWCETT TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF CENTRAL AGGREGATES, INC. TO SECURE THE SUM OF $20,000.00 RECORDED MAY 02, 1996, IN BOOK 976 AT PAGE 558, UNDER RECEPTION NO. 492424. 4. WARRANTY DEED FROM ROCKS R US LLC TO RICHARD K. STEPHENSON CONVEYING SUBJECT PROPERTY. NOTE: ITEMS 1-3 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED. UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE STANDARD EXCEPTIONS WILL BE AMENDED AS FOLLOWS: ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF ROCKS R US LLC. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF ROCKS R US LLC. NOTE: ITEM 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED IF LAND TITLE RECORDS THE DOCUMENTS REQUIRED UNDER SCHEDULE B-1. NOTE: UPON PROOF OF PAYMENT OF 2001 TAXES, ITEM 7 UNDER SCHEDULE B-2 WILL BE DELETED AND ITEM 6 WILL BE AMENDED TO READ: ALTA COMMITMENT Schedule B-1 (Requirements) Continued: Our Order No. GW237274-3 TAXES AND ASSESSMENTS FOR THE YEAR 2002 AND SUBSEQUENT YEARS. ITEM 8 UNDER SCHEDULE B-2 WILL BE DELETED UPON PROOF THAT THE WATER AND SEWER CHARGES ARE PAID UP TO DATE. • • ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. GW237274-3 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights of claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessments against said land. 8. Liens for unpaid water and sewer charges, if any. 9. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMENT AREA. 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE CI UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 28, 1912, IN BOOK 73 AT PAGE 63. 11. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES l./ AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 28, 1912, IN BOOK 73 AT PAGE 63. 12 UNDIVIDED ONE-HALF INTEREST IN ALL OIL, GAS AND OTHER MINERAL RIGHTS AS RESERVED IN DEED RECORDED MAY 9, 1960 IN BOOK 325 AT PAGE 534. 13. EASEMENTS AND RIGHTS OF WAY AS DESCRIBED IN QUIT CLAIM DEED RECORDED NOVEMBER 15, 1979 IN BOOK 539 AT PAGE 581. ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. GW237274-3 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 14. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 84-56 RECORDED MARCH 27, 1984 IN BOOK 647 AT PAGE 45. 15. UNDIVIDED ONE-HALF INTEREST TO ALL OIL, GAS, ROCK AND MINERAL RIGHTS AS RESERVED IN DEED RECORDED MAY 2, 1996 IN BOOK 976 AT PAGE 550 16. ANY QUESTION, DISPUTE OR ADVERSE CLAIMS AS TO ANY LOSS OR GAIN OF LAND AS A RESULT OF ANY CHANGE IN THE RIVER BED LOCATION BY NATURAL OR OTHER THAN NATURAL CAUSES, OR ALTERATION THROUGH ANY CAUSE, NATURAL OR UNNATURAL, OF THE CENTER THREAD, BANK, CHANNEL OR FLOW OF WATERS IN THE COLORADO RIVER LYING WITHIN SUBJECT LAND; AND ANY QUESTION AS TO THE LOCATION OF SUCH CENTER THREAD, BED, BANK OR CHANNEL AS A LEGAL DESCRIPTION MONUMENT OR MARKER FOR PURPOSES OF DESCRIBING OR LOCATING SUBJECT LANDS. 17. EASEMENTS AND RIGHT OF WAY FOR DENVER AND RIO GRANDE WESTERN RAILROAD. 18. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SHOWN ON ALTA SURVEY PREPARED BY SCHMUESER GORDON MEYER DATED OCTOBER 31, 2001 AS JOB NO. 92172C. 19. ENROACHMENT OF FENCE ONTO RIGHT OF WAY FOR DENVER AND RIO GRANDE WESTERN RAILROAD AS SHOWN ON ALTA SURVEY PREPARED BY SCHMUESER GORDON MEYER DATED OCTOBER 31, 2001 AS JOB NO. 92172C. 20. EASEMENTS AND RIGHTS OF WAY FOR OVERHEAD POWERLINES AS SHOWN ON ALTA SURVEY PREPARED BY SCHMUESER GORDON MEYER DATED OCTOBER 31, 2001 AS JOB NO. 92172C. 21. TERMS, CONDITIONS AND PROVISIONS OF PRIVATE ROADWAY AGREEMENT RECORDED _ _ IN BOOK AT PAGE • 410 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un -filed mechanic's and material -men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Form DISCLOSURE JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY AND LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Land Title Guarantee Company and Land Title Insurance Corporation and Old Republic National Title Insurance Company. We may collect nonpublic personal information about you from the following sources: Information we receive from you such as on applications or other forms. Information about your transactions we secure from our files, or from our affiliates or others. Information we receive from a consumer reporting agency. Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: * Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. * Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Form PRIV.POL.ORT • • Exhibit H • • CONTRACT To BUY AND SELL REAL ESTATE (VACANT LAND/FARM AND RANCH) Date: January 25, 2002 1. AGREEMENT. Buyer agrees to buy and the undersigned Seller agrees to sell the Property defined below on the terms and conditions set forth in this contract. 2. DEFINED TERMS. a. Buyer. Buyer, RICHARD K. STEPHENSON or his assigns, will take title to the real property described below. b. Property. The Property is the following legally described real estate: A tract of land situate in Lots 1 and 2 of Section 15, and the SE'/< of Section 10, all in Township 6 South, Range 93 West of the 6th P.M., being more particularly described as follows: Beginning at the Northeast corner of said Section 15; thence S. 00°05'29" W. 716.76 feet to the South line of said Lots 1 and 2; thence S. 77°00'00" W. 1386.00 feet along said South line; thence S. 75°00'00" W. 262.91 feet along said South line to the Easterly line of a tract of land described in Book 490 at Page 716 of the records of the Clerk and Recorder of Garfield County, Colorado; thence along said Easterly line the following 2 courses: (1) N. 63°13'39" W. 392.47 feet; thence (2) N. 24°28'39" W. 220.00 feet to the South right of way line of the Denver and Rio Grand Western Railroad; thence N. 63°35'34" E. 2285.62 feet along said right of way line to the East line of said Section 10; thence S. 00°00'00" E. 296.95 feet along said East line of Section 10 to the Point of Beginning. TOGETHER WITH a tract of land situate in the NE'/ of Section 15, Township 6 South, Range 93 West of the 6th P.M., being more particularly described as follows: Beginning at the Southeast corner of Lot 1 of said Section 15 whence the Northeast corner of Section 15 bears N. 00°05'29" E. 716.76 feet; thence S. 00°05'29" W. 232.73 feet along the east line of said Section 15 to the Northeast corner of a tract of land described as Parcel No. 2 recorded in Book 666 at Page 296; thence along the North line described in Parcel 2, Book 666 at Page 296 the following 2 courses: (1) S. 72°07'26" W. 1385.10 feet; thence (2) S. 87°18'26" W. 114.55 feet to the Easterly line of a tract of land described in Book 490 at Page 716; thence N. 25°43'39" W. 288.87 feet along said Easterly line; thence N. 63°13'39" W. 51.53 feet along said Easterly line to the South line of Lots 1 and 2 of said Section 15; thence N. 75°00'00" E. 262.91 feet along said South line; thence N. 77°00'00" E. 1386.00 feet along said South line to the Point of Beginning; in the County of Garfield, Colorado, commonly known as 27346 Highway 6 & 24, Rifle, CO 81650 together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto, all interest of Seller in vacated streets and alleys adjacent thereto, except as herein excluded. c. Dates and Deadlines. Item No. Reference Event Date or Deadline 1 § 5.a Loan Application Deadline N/A 2 § 5.b Loan Commitment Deadline N/A 3 § 5.c Buyer's Credit Information Deadline N/A 4 § 5.c Disapproval of Buyer's Credit Deadline N/A § 5.d Existing Loan Documents Deadline N/A § 5.d Objection to Existing Loan Deadline N/A § 5.d Approval of Loan Transfer Deadline N/A Contract to Buy and Sell Real Estate (Vacant Land/Farm and Ranch) Rocks R Us LLC (Seller) /Stephenson (Buyer) L: IB B BlRocks R Us LLCIContract to Buy and Sell Real Estate v3.2 - Stephenson.wpd Page 1 of S 8 § 6.a Appraisal Deadline N/A 9 § 7.a Title Deadline N/A 10 ' § 7.a Survey Deadline N/A 11 § 7.b Document Request Deadline N/A 12 § 8.a Title Objection Deadline N/A 13 § 8.b Off -Record Matters Deadline N/A 14 § 8.b Off -Record Matters Objection Deadline N/A 15 § 10 Seller's Property Disclosure Deadline N/A 16 § 10.a Inspection Objection Deadline N/A 17 § 10.b Resolution Deadline February 28, 2002 18 § 11 ' Closing Date May 1, 2002 19 § 16 Possession Date - May 1, 2002 20 § 16 , Possession Time U. on Delive of Deed 21 § 28 ' Acceptance Deadline Date January 28, 2002 22 § 28 _ Acceptance Deadline Time 5:00 P.M. M.D.T. d. Attachments. The following exhibits, attachments and addenda are a part of this contract: NONE e. Applicability of Terms. A check or similar mark in a box means that such provision is applicable. The abbreviation "N/A" means not applicable. 3. INCLUSIONS/EXCLUSIONS. a. The Purchase Price includes the following items (Inclusions): (1) Fixtures. If attached to the Property on the date of this contract, lighting, heating, plumbing, ventilating, and air conditioning fixtures, inside telephone wiring and connecting blocks/jacks, plants, mirrors, floor coverings, intercom systems, sprinkler systems and controls, and (2) Other Inclusions. If on the Property whether attached or not on the date of this contract: storm windows, storm doors, window and porch shades, awnings, blinds, screens, window coverings, curtain rods, drapery rods, storage sheds and all keys. Check applicable box(es) if included: 0 SMOKE/FIRE DETECTORS 111 SECURITY SYSTEMS; NOTHING ELSE and (3) Trade Fixtures. With respect to trade fixtures, Seller and Buyer agree as follows: N/A (4) Water Rights. The following legally described water rights: Any and all surface and groundwater rights and ditch and ditch rights, whether adjudicated or not, used upon or appurtenant to the Property, (5) Growing Crops. With respect to the growing crops, Seller and Buyer agree as follows: N -A b. Instruments of Transfer. The Inclusions are to be conveyed at Closing free and clear of all taxes, liens and encumbrances, except as provided in § 12. Conveyance shall be by bill of sale or other applicable legal instrument(s). Any water rights shall be conveyed by quit claim deed or other applicable legal instrument(s). c. Exclusions. The following attached fixtures are excluded from this sale: Fuel Tank and Truck Scale. 4. PURCHASE PRICE AND TERMS. The Purchase Price set forth below shall be payable in U.S. Dollars by Buyer as follows: Item No._ Reference Item Amount Amount 1 A 4 Purchase Price $500,000.00 Contract to Buy and Sell Real Estate (Vacant Land/Farm and Ranch) Rocks R Us LLC (Seller) / Stephenson (Buyer) LIB B BIRocks R Us LLCIContract to Buy and Sell Real Estate v3.2 - Stephenson.wpd Page 2 of 8 2 § 4.a Earnest Money $50,000.00 3 § 4.b New Loan $0.00 4 § 4.c Assumption Balance $0.00 5 § 4.d Seller or Private Financing $0.00 6 § 4.e Cash at Closing $450.000.00 7 TOTAL $500,000.00 $500,000.00 a. Earnest Money. The Earnest Money set forth in this Section, in the form of a personal check, is part payment of the Purchase Price and shall be payable to and held by Land Title Guarantee Company, in its trust account, on behalf of both Seller and Buyer. Said Earnest Money shall be delivered to Land Title Guarantee Company within three (3) days after execution of this Contract by all parties. The parties authorize delivery of the Earnest Money deposit to the Closing Company, if any, at or before Closing b. New Loan. N/A c. Assumption. N/A d. Seller or Private Financing. N/A e. Cash at Closing. All amounts paid by Buyer at Closing including Cash at Closing, plus Buyer's closing costs, shall be in funds which comply with all applicable Colorado laws, which include cash, electronic transfer funds, certified check, savings and loan teller's check and cashier's check (Good Funds). 5. FINANCING CONDITIONS AND OBLIGATIONS. N/A 6. APPRAISAL PROVISION. N/A 7. EVIDENCE OF TITLE. a. Evidence of Title; Survey. Seller has caused to be furnished to Buyer, at Seller's expense, a current commitment for owner's title insurance policy in an amount equal to the Purchase Price. If a title insurance commitment is furnished, it SHALL commit to delete or insure over the standard exceptions which relate to: (1) parties in possession, (2) unrecorded easements, (3) survey matters, (4) any unrecorded mechanics' liens, (5) gap period (effective date of commitment to date deed is recorded), and (6) unpaid taxes, assessments and unredeemed tax sales prior to the year of Closing. Any additional premium expense to obtain this additional coverage shall be paid by Seller. Seller has incurred charges in the amount of $3,043.15 for preparation of an improvement location survey of the Property. At closing, Buyer shall reimburse Seller the sum of $1,043.15 for the cost of that survey. Seller shall cause the title insurance policy to be delivered to Buyer as soon as practicable at or after Closing. b. Copies of Exceptions. Seller, has furnished to Buyer, (1) a copy of any plats, declarations, covenants, conditions and restrictions burdening the Property, and (2) if a title insurance commitment is required to be furnished, COPIES OF ANY OTHER DOCUMENTS (or, if illegible, summaries of such documents) listed in the schedule of exceptions (Exceptions). This requirement shall pertain only to documents as shown of record in the office of the clerk and recorder(s). The title insurance commitment, together with any copies or summaries of such documents furnished pursuant to this Section, constitute the title documents (Title Documents). 8. TITLE. a. Title Review. Buyer has inspected the Title Documents and has given notice of objection to certain exceptions to title in a letter from Buyer's attorneys dated November 12, 2001. Such exceptions shall be resolved to Buyer's satisfaction on or before February 28, 2002. If Seller receives Buyer's notice of satisfactory resolution of title objections by February 28, 2002, this Contract shall continue in full force and effect and if not, this Contract shall terminate. b. Matters Not Shown By The Public Records. Seller has delivered to Buyer true copies of all lease(s) and survey(s) in Seller's possession pertaining to the Property and has disclosed to Buyer all easements, liens or other title matters not shown by the public Contract to Buy and Sell Real Estate (Vacant Land/Farm and Ranch) Rocks R Us LLC (Seller) / Stephenson (Buyer) L:IB B B\Rocks R Us LLCIContract to Buy and Sell Real Estate v3.2 - Stephenson.wpd Page 3 of 8 records of which Seller has actual knowledge. Buyer has inspected such materials and has given notice of objections in letters fromBuyer's attorneys dated November 12, 2001 and November 19, 2001. Such objections shall be resolved to Buyer's satisfaction on or before February 28, 2002. If Seller receives Buyer's notice of satisfactory resolution of objections by February 28, 2002, this Contract shall continue in full force and effect and if not, this Contract shall terminate. c. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYER SHOULD INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION INDEBTEDNESS OF SUCH DISTRICTS, EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH INDEBTEDNESS, AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES. In the event the Property is located within a special taxing district and Buyer desires to terminate this contract as a result, if written notice is received by Seller on or before OFF -RECORD MATTERS OBJECTION DEADLINE (§ 2.C), this contract shall then terminate. If Seller does not receive Buyer's notice by such date, Buyer accepts the effect of the Property's inclusion in such special taxing district(s) and waives the right to so terminate. d. Right To Cure. If Seller receives notice of unmerchantability of title or any other unsatisfactory title condition(s) or commitment terms as provided in Sections 8.a or 8.b above, Seller shall use reasonable effort to correct said items and bear any nominal expense to correct the same prior to the date of Closing. If such unsatisfactory title condition(s) are not corrected on or before Closing, this contract shall then terminate; provided, however, Buyer may, by written notice received by Seller, on or before Closing, waive objection to such items. e. Title Advisory. The Title Documents affect the title, ownership and use of the Property and should be reviewed carefully. Additionally, other matters not reflected in the Title Documents may affect the title, ownership and use of the Property, including without limitation boundary lines and encroachments, area, zoning, unrecorded easements and claims of easements, leases and other unrecorded agreements, and various laws and governmental regulations concerning land use, development and environmental matters. The surface estate may be owned separately from the underlying mineral estate, and transfer of the surface estate does not necessarily include transfer of the mineral rights. Third parties may hold interests in oil, gas, other minerals, geothermal energy or water on or under the Property, which interests may give them rights to enter and use the Property. Such matters may be excluded from the title insurance policy. Buyer is advised to timely consult legal counsel with respect to all such matters as there are strict time limits provided in this contract (e.g., TITLE OBJECTION DEADLINE [§ 2.c] and OFF -RECORD MATTERS OBJECTION DEADLINE [§ 2.c]). 9. LEAD-BASED PAINT. Unless exempt, if the improvements on the Property include one or more residential dwelling(s) for which a building permit was issued prior to January 1, 1978, this contract shall be void unless a complete Lead -Based Paint Disclosure (Sales) form is signed by Seller and the required real estate licensee(s), which must occur prior to the parties signing this contract. 10. PROPERTY DISCLOSURE AND INSPECTION. Seller shall disclose any changes in the condition ofthe Property to Buyer in writing, as they occur. a. Inspection Objection Deadline. (1) Buyer has inspected the physical condition ofthe Property and Inclusions, at Buyer's expense and has obtained a Phase I Environmental Site Assessment. Subject to Seller's removal and disposal off-site of: (a) all debris in buildings and surface areas on site, (b) all drums, batteries, cans and 5 gallon buckets on site, (c) all cans of paint and unidentified containers on site, (d) old fuel dispenser, (e) all storage tanks on site, and (f) diesel above ground storage tank, Buyer accepts the condition of the Property as determined by said Assessment. Buyer acknowledges that Buyer will be responsible for any further site remediation including removal of any soil from the Property. b. Resolution Deadline. Seller shall have until closing to remove and dispose of the items specified in Section 10.a.(1). c. Damages; Liens; Indemnity. Buyer is responsible for payment for all inspections, surveys, engineering reports or for any other work performed at Buyer's request and shall pay for any damage which occurs to the Property and Inclusions as a result of such activities. Buyer shall not permit claims or liens of any kind against the Property for inspections, surveys, engineering reports and Contract to Buy and Sell Real Estate (Vacant Land/Farm and Ranch) Rocks R Us LLC (Seller) /Stephenson (Buyer) L:IBB B\Rocks R Us LLCIContract to Buy and Sell Real Estate v3.2 - Stephenson.wpd Page 4 of 8 for any other work performed on the Property at Buyer's request. Buyer agrees to indemnify, protect and hold Seller harmless from and against any liability, damage, cost or expense incurred by Seller in connection with any such inspection, claim, or lien. This indemnity includes Seller's right to recover all costs and expenses incurred by Seller to enforce this subsection, including Seller's reasonable attorney fees. The provisions of this subsection shall survive the termination of this contract. 11. CLOSING. Delivery of deed(s) from Seller to Buyer shall be at Closing (Closing). Closing shall be on the date specified as the CLOSING DATE (§ 2.C) or by mutual agreement at an earlier date. The hour and place of Closing shall be as designated by mutual agreement of the parties hereto. 12. TRANSFER OF TITLE. Subject to tender or payment at Closing as required herein and compliance by Buyer with the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient GENERAL WARRANTY deed to Buyer, at Closing, conveying the Property free and clear of all taxes except the general taxes for the year of Closing. Except as herein provided, title shall be conveyed free and clear of all liens, including any governmental liens for special improvements installed as of the date of Buyer's signature hereon, whether assessed or not. Title shall be conveyed subject to: a. those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with Section 8_a [Title Review], b. distribution utility easements, c. those specifically described rights of third parties not shown by the public records of which Buyer has actual knowledge and which were accepted by Buyer in accordance with Section 8.b [Matters Not Shown by the Public Records], and d. inclusion of the Property within any special taxing district, and e. the benefits and burdens of any declaration and party wall agreements, if any, and f. other NONE 13. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before Closing from the proceeds of this transaction or from any other source. 14. CLOSING COSTS; DOCUMENTS AND SERVICES. Buyer and Seller shall pay, in Good Funds, their respective Closing costs and all other items required to be paid at Closing, except as otherwise provided herein. Buyer and Seller shall sign and complete all customary or reasonably required documents at or before Closing. Fees for real estate Closing services shall be paid at Closing by ONE- HALF BY BUYER AND ONE-HALF BY SELLER. Any local transfer tax shall be paid at Closing by SELLER. Any sales and use tax that may accrue because of this transaction shall be paid when due by SELLER. 15. PRORATIONS. The following shall be prorated to Closing Date, except as otherwise provided: a. Taxes. Personal property taxes, if any, and general real estate taxes for the year of Closing, based on THE MOST RECENT MILL LEVY AND MOST RECENT ASSESSMENT. b. Rents. Rents based on RENTS ACTUALLY RECEIVED. Security deposits held by Seller shall be credited to Buyer. Seller shall assign all leases to Buyer and Buyer shall assume such leases. c. Other Prorations. Water, sewer charges; and interest on continuing loan(s), if any; and NONE d. Final Settlement. Unless otherwise agreed in writing, these prorations shall be final. 16. POSSESSION. Possession of the Property shall be delivered to Buyer on POSSESSION DATE AND POSSESSION TIME (§ 2.C), subject to the following lease(s) or tenancy(s): NONE If Seller, after Closing, fails to deliver possession as specified, Seller shall be subject to eviction and shall be additionally liable to Buyer for payment of $100.00 per day from POSSESSION DATE (§ 2.c) until possession is delivered. 17. ASSIGNABLE. This contract shall be assignable by Buyer without Seller's prior written consent. This contract shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties. 18. CONDITION OF AND DAMAGE TO PROPERTY. Except as otherwise provided in this contract, the Property, Inclusions or both shall be delivered in the condition existing as of the date of this contract, ordinary wear and tear excepted. a. Casualty; Insurance. In the event the Property or Inclusions shall be damaged by fire or other casualty prior to Closing, in an amount of not more than ten percent (10%) of the total Purchase Price, Seller shall be obligated to repair the same before Contract to Buy and Sell Real Estate (Vacant Land/Farm and Ranch) Rocks R Us LLC (Seller) / Stephenson (Buyer) L:1B B BIRocks R Us LLCIContract to Buy and Sell Real Estate v3.2 - Stephenson.upd Page 5 of 8 • • the CLOSING DATE (§ 2.C). In the event such damage is not repaired within said time or if the damages exceed such sum, this contract may be terminated at the option of Buyer by delivering to Seller written notice of termination. Should Buyer elect to carry out this contract despite such damage, Buyer shall be entitled to a credit, at Closing, for the insurance proceeds resulting from such damage to the Property and Inclusions payable to Seller but not the owners' association, if any, plus the amount of any deductible provided for in such insurance policy, such credit not to exceed the total Purchase Price. b. Damage; Inclusions; Services. Should any Inclusion(s) or service(s) (including systems and components of the Property, e.g. heating, plumbing, etc.) fail or be damaged between the date of this contract and Closing or possession, whichever shall be earlier, then Seller shall be liable for the repair or replacement of such Inclusion(s) or service(s) with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the maintenance or replacement of such Inclusion(s), service(s) or fixture(s) is not the responsibility of the owners' association, if any, less any insurance proceeds received by Buyer covering such repair or replacement. c. Walk -Through; Verification of Condition. Buyer, upon reasonable notice, shall have the right to walk through the Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this contract. 19. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document, Buyer and Seller acknowledge that they have been advised that this document has important legal consequences, that title to the Property should be examined, and that they should consult with legal and tax or other counsel before signing this contract. 20. TIME OF ESSENCE/REMEDIES. Time is of the essence hereof. If any note or check received as Earnest Money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed or waived as herein provided, there shall be the following remedies: a. If Buyer Is In Default. All payments and things of value received hereunder shall be forfeited by Buyer and retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES and (except as provided in subsection 20.c) are SELLER'S SOLE AND ONLY REMEDY for Buyer's failure to perform the obligations of this contract. Seller expressly waives the remedies of specific performance and additional damages. b. If Seller Is In Default. Buyer may elect to treat this contract as canceled, in which case, all payments and things of value received hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect to treat this contract as being in full force and effect and Buyer shall have the right to specific performance or damages, or both. c. Costs And Expenses. In the event of any arbitration or litigation relating to this contract, the arbitrator or court shall award to the prevailing party all reasonable costs and expenses, including attorney fees. 21. MEDIATION. If a dispute arises relating to this contract, prior to or after Closing, and is not resolved, the parties shall first proceed in good faith to submit the matter to mediation. Mediation is a process in which the parties meet with an impartial person who helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. The parties to the dispute must agree before any settlement is binding. The parties shall jointly appoint an acceptable mediator and will share equally in the cost of such mediation. The mediation, unless otherwise agreed, shall terminate in the event the entire dispute is not resolved thirty (30) calendar days from the date written notice requesting mediation is sent by one party to the other(s). This Section shall not alter any date in this contract, unless otherwise agreed. 22. EARNEST MONEY DISPUTE. Notwithstanding any termination of this contract, Buyer and Seller agree that, in the event of any controversy regarding the Earnest Money and things of value held by Closing Company (unless mutual written instructions are received by the holder of the Earnest Money and things of value), Closing Company shall not be required to take any action but may await any proceeding, or at Closing Company's option and sole discretion, may interplead all parties and deposit any moneys or things of value into a court of competent jurisdiction and shall recover court costs and reasonable attorney fees. 23. TERMINATION. In the event this contract is terminated, all payments and things of value received hereunder shall be returned and the parties shall be relieved of all obligations hereunder, subject to Sections 10.c, 21 and 22. 24. ADDITIONAL PROVISIONS. a. Additions to Contract Terms. To the extent the provisions contained in this Section conflict with provisions contained in the balance of this contract, the provisions in this Section shall control. This Section has not been approved by the Colorado Real Estate Commission. b. Title Objections. Notwithstanding the provisions of Section 8.d. of this contract, in the event Buyer gives Seller written notice of unmerchantibility of title or any other unsatisfactory title condition, Seller shall have the option of either making a Contract to Buy and Sell Real Estate (Vacant Land/Farm and Ranch) Rocks R Us LLC (Seller) / Stephenson (Buyer) L: IB B BIRocks R Us LLCIContract to Buy and Sell Real Estate v3.2 - Stephenson.wpd Page 6 of 8 • • reasonable effort to correct such unsatisfactory title condition or electing to terminate this contract. In the event of Seller's election to so terminate, Seller shall give Buyer seven (7) days prior written notice of such election and upon expiration of said seven (7) days, all earnest money deposited by Buyer and accrued interest, if any, shall be returned to Buyer and this contract shall terminate, unless before such termination date, Seller receives Buyer's written withdrawal of the objection to title. c. Access to Property Prior to Closing. At reasonable times prior to closing, if this contract shall not first have been terminated, Buyer shall have the right to enter the Property subject to the following provisions: (1) Buyer and Buyer's agents shall give 24 hours' advance telephonic notice to Seller and entry shall be between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday; (2) Buyer's entry and Buyer's activities on the Property shall not interfere with any of Seller's or Seller's Tenant's activities or operations on the Property; no road, building or construction of any type shall be allowed; no activities shall be conducted that could Lead to or cause erosion, permanent harm, damage or littering to or of the Property or the foliage thereon; there shall be no camping, hunting, fishing, discharge of firearms or recreational activities whatsoever on the Property by Buyer or Buyer's agents; (3) Surveys, inspections and test bores shall be permitted, provided that following any such activity, the Property shall be restored to its prior condition; Buyer shall at all times comply with all applicable laws and shall indemnify and hold Seller harmless from any and all claims and liability on account of Buyer's activities upon the Property; the Property and all gates and fences thereon shall be left in the same condition as when such entrance occurred; (4) Buyer shall cause Buyer's employees, agents, contractors and guests to comply fully with the letter and spirit of these provisions. At least twenty four (24) hours prior to the commencement of any entry, investigation or other activity by any third party performing any due diligence work on the Property for or on behalf of Buyer, such third party shall provide written confirmation to Seller that no mechanic's lien shall be claimed by such person on account of such effort. Buyer shall notify Seller of the names and addresses of the persons performing such due diligence services for Buyer; and (5) Buyer shall indemnify and hold Seller absolutely blameless and harmless from and against any and all loss, injury, damage to person or property, claim, demand, liability or obligation of whatsoever nature resulting from, occasioned by or arising in connection with any such entry, including costs and reasonable attorney's fees, which may be incurred by Seller in defending any action for damages brought against Seller and arising out of Buyer's entry or in seeking to remove any liens filed against Seller's interest in and to the Property by reason of any acts or omissions of Buyer. d. Reclamation Bond. The closing of the purchase of the Property shall be contingent upon the release of all bonds for any mined land reclamation obligations on the Property. Seller shall be responsible for obtaining such releases. In the event Seller is unable to obtain such a release prior to the Closing, Seller shall give Buyer seven (7) days prior written notice of such inability and upon expiration of said seven (7) days, all earnest money deposited by Buyer and accrued interest, if any, shall be returned to Buyer and this contract shall terminate, unless before such termination date, Seller receives Buyer's written acceptance of the Property with the reclamation obligation remaining in place. e. Prohibition against Future Mining. Buyer agrees that a restrictive covenant prohibiting future mining or extraction of minerals, including sand and gravel, from the Property shall be included in the deed to be executed and delivered by Seller. f. Removal of Remaining Gravel Aggregates. Seller may have a period of six months following closing within which time to remove any sand, gravel or other aggregates which have been processed and are stored on the Property. g. Reports and Related Documents. Within seven (7) days after Buyer's receipt of any report or related document as described hereafter, Buyer shall furnish to Seller, at Buyer's sole cost, copies of all engineering or technical analyses, environmental assessments, soil test reports, and all other documents of a similar nature which are obtained by Buyer in respect to the Property subsequent to the execution of this contract, or in the possession of third parties and available to Buyer and which pertain to the Property. h. Disclaimer. Buyer acknowledges and agrees that Seller has not made, does not make and specifically negates and disclaims any representations, warranties, promises, covenants, agreements or guaranties of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, concerning (A) the value, nature, quality or condition of the Property, including, without limitation, its improvements, structures, soil and geology, (B) the income to be derived from the Property, (C) the suitability of the Property for any activities or uses which Buyer may contemplate, (D) the compliance of the Property with any governmental law, rule, ordinance or regulation including safety, disability, environmental protection or land use, (E) the habitability, merchantability, financibility, marketability, profitability or fitness for a particular purpose of the Property or (F) the presence of any endangered species. Buyer further acknowledges and agrees that: (i) Seller has advised Buyer to obtain an expert third party inspection of the physical condition of the Property, (ii) Buyer will rely solely on Buyer's own investigation of the Property, (iii) Seller is not liable or bound in any manner by any oral or written statements, representations or information pertaining to the Property furnished by any real estate broker, agent, employee, or other person, and (iv) Seller shall have no liability by virtue of this sale for consequential, exemplary, special, indirect or incidental damages even if Seller has been advised of the possibility of such damages. Buyer further acknowledges and agrees that to the maximum extent permitted by law, the sale of the Property is made on an "AS IS" condition and basis with all faults. i. Seller's Like -Kind Exchange. It is understood and agreed that Seller desires to exchange the Property that is the subject of this contract as a "tax free" exchange of the Property under Section 1031 of the Internal Revenue Code of 1986, as amended. Buyer will cooperate with such exchange if Buyer is not required to incur any additional expense or risk. Buyer shall not be required to take title to any property other than the Property that is the subject of this contract. j. Watershed District Permit and Special Use Permit for Industrial Operations. This contract, and Buyer's obligation to close hereunder, is conditioned upon Buyer's acquisition of a Watershed District Permit from the City of Rifle and a Special Contract to Buy and Sell Real Estate (Vacant Land/Farm and Ranch) Rocks R Us LLC (Seller) /Stephenson (Buyer) LIB B B\Rocks R Us LLCIContract to Buy and Sell Real Estate v3.2 - Stephenson.wpd Page 7 of Use Permit for Industrial Operations from the County of Garfield. From and after the date of this Contract and to and including the closing or any sooner termination of the Contract, Seller shall, at no cost to Seller, cooperate fully with Buyer in the acquisition of such permits by Buyer, including but not limited to, the execution of consents and applications in connection with Buyer's efforts and to pursue any other matter reasonably related to Buyer's intended use of the Property as an industrial equipment storage and maintenance facility for Buyer's company, GMCO, Inc., including offices, wash racks and scales. Buyer will provide Seller with copies of all such applications and other documentation and keep Seller fully advised as to the times of any hearings or other proceedings for such permits. In the event Buyer is unable to obtain such permits prior to closing, Buyer may obtain a further extension of the closing date to May 31, 2002, provided that the earnest money on deposit under the terms of this Contract shall be immediately payable to Seller and nonrefundable to Buyer in any event and shall be deemed option payments made in consideration of the extension of the closing date and right to purchase the Property. 25. ENTIRE AGREEMENT; SUBSEQUENT MODIFICATION; SURVIVAL. This contract constitutes the entire contract between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or written, have been merged and integrated into this contract. No subsequent modification of any of the terms of this contract shall be valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. Any obligation in this contract which, by its terms, is intended to be performed after termination or Closing shall survive the same. 26. FACSIMILE. Signatures MAY be evidenced by facsimile. Documents with original signatures shall be provided to the other party at Closing, or earlier upon request of any party. 27. NOTICE. Except for the notice requesting mediation described in Section 21, any notice to Buyer shall be effective when received by Buyer and any notice to Seller shall be effective when received by Seller. 28. NOTICE OF ACCEPTANCE: COUNTERPARTS. This proposal shall expire unless accepted in writing, by Buyer and Seller, as evidenced by their signatures below, and the offering party receives notice of such acceptance pursuant to Section 26 on or before ACCEPTANCE DEADLINE DATE and ACCEPTANCE DEADLINE TIME (§ 2,C). If accepted, this document shall become a contract between Seller and Buyer. A copy of this document may be executed by each party, separately, and when each party has executed a copy thereof, such copies taken together shall be deemed to be a full and complete contract between the parties. RICHARD K. STEPHENSON Date of Buyer's Signature: Buyer's Address: P.O. Box 1220 Carbondale, CO 81623 Telephone: (970) 963-3578 Fax No.: (970) 963-1311 [NOTE: IF THIS OFFER IS BEING COUNTERED OR REJECTED, DO NOT SIGN THIS DOCUMENTS. REFER TO SECTION 28] ROCKS R US LLC Seller's Address: By Date of Seller's Signature: Seller's Telephone No. Seller's Fax No. Contract to Buy and Sell Real Estate (Vacant Land/Farm and Ranch) Rocks R Us LLC (Seller) /Stephenson (Buyer) L:IB B BRRocks R Us LLCIContract to Buy and Sell Real Estate v3.2 - Stephenson.wpd Page 8 of 8 ;JAN -25-02 SAT 9:11 PM DICK STEPHENSON 01/25/2002 17:38 FAX 1870045071111 LARRY GREEN FAX NO, 197 631695 P. 10 WMuaa Use Permit for Industrial Operations from the county of Garfield. Frapd after the date of tliia Contract wad to and including the closing OT any sooner termination oldie Contract, Sell shall, om shall, at AO COSI to Seiler, cooperate fully with Buyer in the acquisition of such permits by Buyer, including but not limited to, the execution of coaaents and applications in cormection wife Band eamefforts andt facilrs pursue vyotherr Matter reasonably related to Buyers intended use of the Property as an industrial equipment company, GMCO, Inc., including oillces, wash racks and scales. Buyer will provide Seller with copies of all such applications and other documentation and beep Seller fully edvieed as tO the times of any hearings or other proceedings for such permits. In the event Buyer y iha Buyer in unable to obtain such permits prior to closing. Buyy obtain a further extension of the closing date to May 31, 2002, Pr the earnest money on deposit under the terms 4f this Contract shall be ittzaredietely payable to Seller end nonrefundable to Bayer in any event and shall be deemed option payments made in consideration of the extension of the closing date and right to purchase the Property. 25. ENTIRE AGREEMENT; SUBSEQYJENT MODIFICATION; SURVIVAL. This contract couatitn1ea the entire contract between the parties relating to the subject hereof, and any prior agreements pat, fining thereto, whether oral or written, have been the ar merged and integrated into this contract No aabsequent modification of any of the tem of this contract shall be valid, binding uponD e Sr or enforceable unless made in writing and signed by the parties. Any obligation in this contract which, by its terms, is intended to be performed after termination or Closing shall survive the Sarre - 26_ FACSIMILE. Signatures MAY be evidenced by facsimile. Documents with original signatures shall be provided to the other party at Closing, or earlier upon request of any,party. 27. NOTICE. Excepttifor t tk b be effective When receivbe in y Seller. ctin any notice to Buyer shall be effective where received by Buyer and any 28- NOTICE OF ACCEPTANCE! COUNTERPARTS. Tina proposal shall expire unless pecepted in writing, by Buyer and Seiler, as evidenced by their signatures below, and the offering party motives notice of such acceptance pb outs a Seccontion nt between and S OI before ee ACCeP•rANe-e t ursEDATEandACCEPTANCEDEADt.1tr5Teee(§2,C)-Ifaccept�ed,thr� executedthereof,Mkr and Buyer. A copy of this document may be executed by each party, separately, and when itch party copy such copies Una together shall be deemed to be a Hill and complete contract between the K. STEPHENSON Date of Buyer's Si mems: f Bvyer's Addlesr P,O. Box 1220 Carbondale, CO 81623 Telephone; (970) 963-3578 Fax No.: (970) 963-1311 [NOTE; IF THIS OFFER 1S BEING COUN1ERED,OR REJECTED, DO NOT SIGN THIS DOCUMENTS. REFER TO SECTION 2,111 ROCKS k US LLC Seller's Address: Seller's Telephone No. By Date of Seller's Signature: Seller's Fax No. Conrrect ro Buy and Sell Real Evens (Vacant La d/Farnt and Ranch) Rocks R Ui LEC (Salle') /Sl pkcRrOo (BOW) LAE 8 .13 {Rocks R tJr LLCICOntracr to Bo w!d Sall ltee! Fatah 0.2 - Steppduon,wpd Pose 8 of Jan 28 02 09:06a APED Companies 9725-5605 p.2 Use Permit for Industrial Operations from the County of Garfield. From and after the date of this Contract and to and including the closing or any sooner termination of the Contract, Seller shall, at no cost to Seller, cooperate fully with Buyer in the acquisition of such permits by Buyer, including but not limited to, the execution of consents and applications in connection with Buyer's efforts and to pursue any other matter reasonably related to Buyer's intended use of the Property as an industrial equipment storage and maintenance facility for Buyer's company, GMCO, Inc., including offices, wash racks and scales. Buyer will provide Seller with copies of all such applications and other documentation and keep Seller fully advised as to the times of any hearings or other proceedings for such permits. In the event Buyer is unable to obtain such permits prior to closing, Buyer may obtain a further extension of the closing date to May 31, 2002, provided that the earnest money on deposit under the terms of this Contract shall be immediately payable to Seller and nonrefundable to Buyer in any event and shall be deemed option payments made in consideration of the extension of the closing date and right to purchase the Property. 25. ENTIRE AGREEMENT; SUBSEQUENT MODIFICATION; SURVIVAL. This contract constitutes the entire contract between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or written, have been merged and integrated into this contract. No subsequent modification of any of the terms of this contract shall be valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. Any obligation in this contract which, by its terms, is intended to be performed after termination or Closing shall survive the same. 26. FACSIMILE. Signatures MAY be evidenced by facsimile. Documents with original signatures shall be provided to the other party at Closing, or earlier upon request of any party. 27. NOTICE. Except for the notice requesting mediation described in Section 21, any notice to Buyer shall be effective when received by Buyer and any notice to Seller shall be effective when received by Seller. 28. NOTICE OF ACCEPTANCE: COUNTERPARTS. This proposal shall expire unless accepted in writing, by Buyer and Seller, as evidenced by their signatures below, and the offering party receives notice of such acceptance pursuant to Section 26 on or before ACCEPTANCE DEADLINE DATE and ACCEPTANCE DEADLINETIME (§ 2,C). If accepted, this document shall become a contract between Seller and Buyer. A copy of this document may be executed by each party, separately, and when each party has executed a copy thereof, such copies taken together shall be deemed to be a full and complete contract between the parties. RICHARD K. STEPHENSON Date of Buyer's Signature: Buyer's Address: P.O. Box 1220 Carbondale, CO 81623 Telephone: (970) 963-3578 Fax No.: (970) 963-1311 [NOTE: IF THIS OFFER IS BEING COUNTERED OR REJECTED, DO NOT SIGN THIS DOCUMENTS. REFER TO SECTION 28] ROCKS R US LLC Date of Seller's Signature: Seller's Address: ,% )C F j r : l',. �, Seller's Telephone No. (;- %(' ; .. ; - 7 , Seller's Fax No. 9. - :. - (..(T Contract to Buy and Sell Real Estate (Vacant Land/Farm and Ranch) Rocks R Us LLC (Seller) / Stephenson (Buyer) L:18 B BIRocks R Us LLCtContract to Buy and Sell Real Estate 0.2 - Stephensan.wpd Page 8 of 8 // // / / ID N1 ro a -- 11. /'v o Y i 40 \ \ .1 \t, \\\ ; \* \ 1 \\\ 0\\ \ \\ \\\ \\` '\ • \ \\ \ \ \; \\\ \ ;\ \ \ \ \\\ \\\ I`. \0 \ \ \\)\ ‘i \ \ 1\� \\\ \ \\`\ \� \ \ (\ \\ , \` \ \ '\ \\� \ t \\\ \\ \1\ \ \ \ \ 1 \ ,\ ; \\ \\I ;� };V-�\ \ \\ ,\\ \\ \ 1-1—LA \ \, ‘;‘\\\ \ ;\ \\\\\\\ . \IV \ \ v \ \\ y yvvAV y \ J v \\ \''A\ \ I \ .0 \ °;lt\\ v \\ as)� \ 2'"v ;\ y ,--, s.s \ \ \. O 2 (i• ..a • -1 _,)›-o N x�ozr NN x oOD`r o O9221.) Z (n I mm 1° CI Z ZZDT.D 410 41 C110 N -io- nl ON Tcnmm I 01 I O Dm J CS J NOI oZD+co NI rt _ -S-4"..- ii>., \ ▪ - - - tf:4 - - - - -- - - -K.:". ----' 0 (.1; "1 \ it N• — --mo o N 0 ,_____m -o 4,-/ z,o / V' \\\ \ \ 1 \43 I in o m 1 Z F_O I` \ N 3 n 0 4- 4 4 DICK STEPHENSON GARFIELD COUNTY, COLORADO GAACO SITE PLAN rn 1-1101-1 COUNTRY ENGNEERINQ INC. 1517 BLAKE AVENUE - SUITE 101 GLENWOOD SPRINGS, CO 81601 PH(970) 945-8676 FX.(970) 945-2555 / DES. MRL DR. MRL + V01 O \ w (4' ci • CA \'' -Co-,- acn N) / / / / 7 NO. DATE REVISION BY CK. DRC DATE 5/6/02 FILE: ISDS H ^z l J NOI103S SSOeiO 31321ON00 ISN0-38d >INV1 OI1d3S 00 DZ m D Oy O A c2 .0 H m A2 < -4 -z �T ym 00 N0 >0 210 22 m ➢ D O A 0 A Z y0 vm O -4 01 D x 0 o> 4" MIN. -› 0a A0 0. 0 C A 00 my DD -4 r 2w 0 A D x O rn O 0 O MIN. DEPTH OF COVER N Z N ),-;86 Cy-06o m281 r g).0 mr010(0. DH m D n m m T 0 0 mozv mg -EE Z A<� ;;ZZc,T00 44 yDy m D m 0 y i D y~ D 1Ao� rmmZA 2y% 22ANDO 11z--m0(A0 S�NON 00 D Oo'1 P°n zyo mm>po yo O 0D< ZAD oQ( 000TH AE OO o 0-1 IT/ „S -.9 `apim u9 -,9 Buol ,Zi 01 N 0 } Ca m 2 zm mm — Z 0 -z .2 O= 0r -4 88 -4 m H 201 H O y A m N v 0 O A O 12Tl'lO O - H — m T T y V 0)00 D 2-0/mN0)0 ppy D 0- 0 2— 920 0>0 i -AA -mH • Htio • A m m 0D A 006 mcv O y O _ym OZ1' yD yA-4 1D 0 � A ? O{ ti m .0 VT1 D DICK STEPHENSON GARFIELD COUNTY, COLORADO GMCO ISDS SITE DESIGN r22-1 O -D0 tZ— >mzo TN MO or 60 0T <� 2 0 z z A O -Di 2 0 oda 313e1ON00 ISVO—ald 311302id 113M oam 12 <HZ --2D -40 z00 >2D -Diyr 000 z- m >m AO -4 N 0- 0 x01 NA V N H -4 D 2r D> D 11 G m m D A D 0 o> 0 Fc 020 0141 .7 7; D z a O V3i1V NOI1d21OSBV 27,1 HON COUNTRY ENGINEERING, INC. 1517 BLAKE AVENUE - SUITE 101 GLENWOOD SPRINGS, CO 81601 P144970) 945-8676 FX(970) 945-2555 DES. MRL 01011 r 001 m0000 Z 0 H Z 0-4 A A O H 0100)00 m 0 m y 0 0-10n Oc_OH OAATO ym-z 2D192001 12100 Or 0D0 001mrm m2001Z KZ 01((110 000 00101010 Om --0 '4M OKI D 0101 ~01-1-42 200(0 ?TS > mA n H < T o mzm -40-10 y - 0 0 Z S y (0)110)1 { cn m m 0 r m D 0 - -I 0 m D 1 gR <g At 14, I n cn 0 J_ 0 NO. DATE REVISION DR. MRL BY CK. DRC DATE 2/19/02 FILE: ISDS REC•ED MAY 1 4 2002 IMPACT STATEMENT 5.03.07 Industrial Operations. Industrial Operations, including extraction, processing, fabrication, industrial support facilities, mineral waste disposal, storage, landfill, salvage yard, access routes and utility lines, shall be permitted provided: (1) The applicant for permit for industrial operations shall prepare and submit t the Planning Director ten (10) copies of an impact statement on the proposed use describing its location, scope, design and construction schedule, including and explanation of its operational characteristics. One (1) copy of the impact statement shall be filed with the County Commissioners by the Planning Director. The impact statement shall address the following: (A) Existing lawful use of water through depletion or pollution of surface runoff stream flow or groundwater. Response. (Water Use) Water use at the GMCO Site will limited to that required for in- house office personnel use and the cleaning of trucks and other heavy equipment via the wash rack depicted within the GMCO Site Plan, attached within Applicant's Special Use applications as Exhibit A. The water supply for the GMCO Site shall be provided pursuant to existing on-site wells; copies of which are contained within Applicant's special use application as Exhibit D. Water depletions pursuant to use of said wells will be augmented pursuant to water allotment contract with the West Divide Water Conservancy District. (Water Pollution) All in-house water use for the proposed facilities will be treated pursuant to individual sewage treatment system ("ISDS"), which ISDS shall be constructed in accordance with the plans and specifications prepared by High Country Engineering, Inc. entitled GMCO ISDS Site Design, a copy of which is contained within Applicant's special use application as Exhibit C and the Design Standards contained within the Garfield County Subdivision Regulations at Section 9:60. The addition of the proposed GMCO Site facilities and uses will not measurably increase the surface run-off beyond that historically generated on the property and such will not cause any water flow to escape the boundaries of the property. All effluent generated during the process of equipment washing shall be caught and stored in the holding tanks appurtenant to the wash rack, more particularly described within the GMCO Site Plan contained within Applicant's special use application as exhibit B, and then transported off-site to an appropriate disposal facility. The only hazardous products to be contained within the GMCO Site — diesel fuel and used oil -- shall be stored, used, Impact Statement/GMCO Page 1 E:\WP Docs\Felicia\Tim\Rocks R US.GMCO\Impact Statement.GMC0.04.21.02.wpd • • maintained and disposed of in accordance with the Spill Prevention, Control and Countermeasure Plan for Rifle GMCO Site, prepared by High Country Engineering, Inc., which plan complies with all applicable requirements set forth within 40 CFR Part 112. A copy of the aforementioned spill plan is attached hereto as Exhibit A The GMCO Site will not contain "point sources" as defined under the Water Quality Control Act (Colo. Rev. Stat. §§25-8-101 et. seq.) or other potential water pollution sources and as such, Applicant is not required to obtain, as a precondition to the issuance of this sought afer special use permit, any water quality based permits (NPDES) or other approvals from the Colorado Water Quality Control Division/Colorado Water Quality Control Commission/Colorado Department of Health and Environment. (B) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration or other emanation. Response. (Vapor, dust, smoke/other emanations) The GMCO Site will contain no sources subject to regulation under the Colorado Air Pollution Prevention and Control Act, Colo. Rev. Stat. §§ 25-7-101 et. seq., and as such no permits (APEN) or other approvals from Division of Administration (CDOH&E)/Air Quality Control Commission/Colorado Department of Health and Environment shall be required as a condition precedent to the special use permit sought herein. Other than the exhaust emitted from the sporadic operation of heavy equipment and normal passenger vehicle travel, the GMCO Site will not emit any heat, glare, radiation or flumes. (Vibration) None of the uses sought herein or accessory thereto will generate on a recurring basis, vibrations which would be perceptible in the absence of instruments. (Noise) The sounds generated under the uses sought herein or accessory thereto will pertain solely to the operation, movement, loading and maintenance of heavy equipment and the travel of trucks and passenger vehicles to and from the GMCO Site, all of which activities fall well within the allowed minimum standard for industrial zones of 75dba(A). Colo. Rev. Stat. § 25-12-103 (2001). Given that the GMCO Site is over 43 acres in size and will have all facilities centrally located, that it is bounded on three sides by the Colorado River, railroad tracks and a State Highway 6&24, and an active gravel mining operation, respectively, it is highly unlikely that under the statutory criteria that any sounds emanating from the GMCO Site would even be detectable. (Light/Glare) Lighting will be placed only as is necessary for night time safety and security purposes and will be directed downward and inward to the property. Signage will be used as required to comply with safety standards for the proposed operations and trade signage will be placed at the entry location. All storage tanks shall be painted in natural Impact Statement/GMCO Page 2 E:\WP Docs\Felicia\Tim\Rocks R US.GMCO\Impact Statement.GMC0.04.21.02.wpd • • earth tones. All of the above described aspects of the GMCO Site are consistent with the established character of the surrounding neighborhood. (Impacts on Adjacent Properties/General) The GMCO Site is located in an area chiefly characterized by heavy industrial/mining uses. The GMCO Site itself is quite isolated, being bounded on the north by the Union Pacific railroad lines and a State Highway 6&24, on the south by the Colorado River, on the west by the municipal water diversion works for the City of Rifle and on the East by on-going sand and gravel mining operations. The nearest residential neighborhood is located north of said railroad lines and highway and approximately one mile from the GMCO Site. The surrounding land uses which, under the criteria above outlined present impacts considerably greater than those proposed herein, combined with the buffers provided by the natural topography of the site ensure that the adverse impacts upon adjacent properties, if any, will be minimal. (C) Impacts on wildlife and domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions. Response. Initially it should be noted that given the prior heavy industrial/mining use uses made of the GMCO Site itself and such on-going heavy industrial operations within its general vicinity , there is very little existing wildlife habit for the uses proposed herein to impact or otherwise alter. Combined with the additional fact that the majority of acreage incorporating the GMCO Site will not be actively used or occupied, Applicant would submit that the wildlife impacts instant to its proposed operations are negligible. (D) Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to the County. Response. As noted in Applicant's Special Use Application, approval of the uses proposed herein, generally speaking, will reduce the number of employee vehicles which will be required make a daily "up -valley" commute. Specific to the GMCO Site, Applicant has stipulated and will agree as a permit condition, that vehicle trips to and from the site will not exceed a daily average of 30 trips — a number which if far less than that previously generated at this site. (E) That sufficient distances shall separate such use from abutting property, which might otherwise be damaged by operations of the proposed use(s). Response. See, Applicant's response to 5.03.07(1)(B), hereinabove. 5 ©,313) Impact Statement/GMCO Page 3 E:\WP Docs\Felicia\Tim\Rocks R US.GMCO\Impact Statement.GMC0.04.21.02.wpd • • (F) Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section 5.03.08 of this Resolution. Response. See, Applicant's responses to 5.03.07(1)(A) - (E), hereinabove. Impact Statement/GMCO Page 4 E:\WP Docs\Felicia\Tim\Rocks R US.GMCO\Impact Statement.GMCO.04.21.02.wpd • i Exhibit A • • Spill Prevention, Control, and Countermeasure Plan For Rifle GMCO Site Prepared For: GMCO SITE Dick Stephenson P.O. Box 1220 Carbondale, Colorado 81623 HCE #2011111.52 March 5, 2002 Prepared by: High Country Engineering, Inc. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 Page 1 • • TABLE OF CONTENTS 1.0 GENERAL INFORMATION AND PLAN APPROVAL 3 1.1 INTRODUCTION 4 1.2 SPILL HISTORY 4 1.3 GENERAL FACILITY DESCRIPTION 4 1.4 SPILL PREDICTION 5 1.5 PLAN ORGANIZATION 5 1.6 PROVISIONS OF THE PLAN 5 2 FACILITY DISCUSSION 6 2.1 ON SITE FUEL AND USED OIL FACILITIES 6 2.1.1 Information Required by 40 CFR Part 112 7 2.1.2 TRUCK LOADING/UNLOADING AREA 8 2.2 VEHICLE MAINTENANCE SHOP 11 2.2.1 Information Required By 40 CFR Part 112 11 2.2.2 USED OIL TANKS 12 2.3 TRUCK WASHING FACILITY 13 2.3.1 Information Required By 40 CFR Part 112 13 3 SECURITY MEASURES 14 4 PERSONNEL TRAINING 14 5 INSPECTIONS AND RECORDS 15 APPENDIX A - INSPECTION PROCEDURES A-1 APPENDIX B - PLAN AMENDMENTS B-1 APPENDIX C - SPILL RESPONSE PROCEDURES C-1 Page 2 • SPILL PREVENTION CONTROL AND COUNTERMEASURE PLAN 1.0 GENERAL INFORMATION AND PLAN APPROVAL Facility: GMCO Site Permit Rifle, CO 81650 Owner: Dick Stephenson P.O. Box 1220 Carbondale, CO 81623 (970) 963-1110 Management Approval: This SPCC Plan is prepared to satisfy the requirements of 40 CFR Part 112 and will be implemented as described. Dick Stephenson Date Certification: I hereby certify that I have examined the facility and being familiar with the provisions of 40 CFR Part 112, attest that the SPCC Plan has been prepared in accordance with good engineering practices. Leslie A Hope, P.E. Registration No. 32981, State of Colorado Page 3 Date • • 1.1 INTRODUCTION GMCO proposes to construct a Maintenance Truck service site approximately 1.8 miles east of Rifle, Colorado adjacent to the Colorado River. The project site is located in a portion of Sections 15 of Township 6 South and Range 93 West and contains approximately 11.33 acres. The proposed site will disturb approximately 5.0 acres. GMCO proposes to provide fuel, truck washing facility, and a truck maintenance facility. The proposed site is bounded on the north by the State Highway 6; on the south by the Colorado River and on the west by a government lot with open water and on the east by an existing Gravel Pit. Access to the lot will be provided by an existing entrance onto State Highway 6. (See attached Vicinity Map — Figure 1.) This plan has been prepared in accordance with 40 CFR Part 112 and focuses on prevention and containment of possible spills of petroleum products used and stored at the facility. 1.2 SPILL HISTORY There is no known spill history at this site. 1.3 GENERAL FACILITY DESCRIPTION The GMCO site will contain the following facilities: • Truck Fueling Facility • Truck Maintenance Facility • Truck Wash Facility • Office Building Access to the site is via an existing driveway entrance on the south side of S.H. 6. The layout of the site is shown on Figure 2. This plan addresses the three areas on the proposed facility that are relevant to SPCC requirements. 1. On site fuel storage 2. Vehicle maintenance shop 3. Truck wash facility This plan is written to establish procedures for the installation of on site fueling stations, used oil storage and for the prevention and containment of possible spills of petroleum products used in the maintenance of vehicles. These tanks provide fuel for on road operational equipment. Typically, the fuel storage tanks and pumps are placed in a steel containment vessel that has an open top. The containment vessel is a minimum of 110 percent of the tank capacity. The procedures described in this plan will be implemented when the on site fueling and used oil storage facilities are installed, and used. Page 4 ! • The site will contain one above ground tank 10,000 -gallon fuel tank. The fuel will be dispensed to a fleet of trucks used for highway construction. The pumps are located within the containment vessel. The capacity of this tank exceeds the minimum of 1320 gallons for a facility and each tank individually exceeds the minimum of 660 gallons for any single aboveground tank. Thus, as stated in 40 CFR Part 112.1 (d)(2)(ii), the entire facility is subject to SPCC regulations. Other on-site facilities which are used for the storage and handling of petroleum-based products is the vehicle maintenance shop, and the two water tight 2500 gallon concrete storage tanks used for the truck wash facility. The shop building handles vehicle motor oil, lubricants, hydraulic oil, and used oil in 55 -gallon drums and other metal containers with capacities ranging from 5 to 110 gallons each. These containers are stored indoors on a concrete floor. The truck wash facility will be storing effluents that may be washed off the vehicles using the washing facility. 1.4 SPILL PREDICTION This plan considers two spill scenarios for the on site fuel tank: 1) failure of the tank, and 2) spills which could occur during truck and/or equipment loading or unloading. Section 2.1 addresses these scenarios. This plan also considers one spill scenario for the vehicle maintenance shop: 1) a spill indoors from one of the vehicle fluid storage containers. Section 2.2 addresses this scenario. This plan considers two spill scenarios for the truck wash facility: 1) a spill from the over flowing of the storage tanks and 2) spills which could occur during emptying the tanks. Section 2.3 addresses these scenarios. 1.5 PLAN ORGANIZATION The remainder of this plan is organized as follows. Section 2.0 discusses each of the three areas individually, including the information required by 40 CFR Part 112.7. Section 3.0 discusses security measures for the facility, Section 4.0 discusses the personnel -training program, and Section 5.0 discusses inspections and records keeping for the facility. Appendix A includes sample inspection forms. Amendments and updates to the plan will be listed chronologically on the Title page and discussed in Appendix B. Appendix C will include spill response procedures. 1.6 PROVISIONS OF THE PLAN The following statements declare the intention of the facility management to comply with the applicable regulations as signified by management approval shown in Section 1.0 of this plan. The facility will, in accordance with 40 CFR 112.3, maintain a copy of this plan at the facility. The plan will be available for review during regular business hours upon request of the regional EPA administrator for Region VIII. The plan will be reviewed every 3 years as required by 40 Page 5 • • CFR Part 112.5. The plan will be revised as necessary under 40 CFR Parts 112.4 and 112.5. The plan will be recertified by a Registered Professional Engineer after each revision. Discussion of revisions, amendments or updates are attached as Appendix B. The plan has been certified by a Registered Professional Engineer as required by 40 CFR Part 112.3 and as shown by the signature and stamp in Section 1.0 of this plan. Dick Stephenson is the person at the facility who has been named as responsible for the plan as required by 40 CFR Part 112.3. As required by 40 CFR Part 112.7, facility personnel are briefed on the plan at least annually. Records are maintained of plan briefings and are available for review at the facility. Records are retained for 3 years. During the annual plan review, personnel are instructed on spill response procedures and other safety related issues. Daily inspections are conducted for all of the areas described in this plan and the inspection records are kept on file in the facility records for three years. Appendix A contains blank copies of the inspection forms for each of the areas described in this plan. There are no internal heating coils employed at the facility, thus, monitoring and inspection controls are not necessary. All other sites can be inspected visually. This facility does not discharge effluent into navigable waters. Yard lights will be installed adjacent to the buildings to provide adequate lighting for nighttime security purposes. A fence along the north property line separates the project area from the S.H. 6. The entrance to the site will be locked nightly. 2 FACILITY DISCUSSION This section discusses the three areas relevant to SPCC requirements at the GMCO site: the on site fuel storage, truck maintenance shop, and truck wash. 2.1 ON SITE FUEL AND USED OIL FACILITIES This section discusses the potential spill scenarios for the on site fueling area, used oil storage facilities, and truck washing area. This plan will be implemented prior to the completion of the on site construction of the fuel, used oil storage facilities, and truck wash area. Fuel storage is provided for the following application: Description Capacity (Gallons) Contents On Road Trucks 10,000 # 2 Diesel Page 6 • This storage tank is above ground and is a single -walled steel tank made specifically for the storage of fuel. The tanks are eight (8) feet in diameter and twenty-seven (27) feet in length and manufactured by Eaton Metal. The tanks are filled through a screened opening on the top. A second aperture on the top of the tanks is used as a vent and as an opening for a stick gage. The diesel tank is surrounded by a steel container that is 5 feet high, 10 feet wide, and 30 feet long. The volume inside of the wall is 11,220 gallons. This vessel is constructed out of steel plate, H beams and tubular sections. The components are welded together. The joints on the inside of the tank are continuously welded, thereby providing a leak proof seal. The containment vessel has an open top. A valve is located in the bottom of one corner to drain the containment vessel of storm water or spilled diesel fuel. 2.1.1 Information Required by 40 CFR Part 112 1. The tank is contained within a steel containment vessel that is designed to contain a maximum spill from the tank. The capacity of the tank is 10,000 gallons and the capacity of the steel containment vessel is 11,220 gallons. Thus, no prediction of direction, rate of flow, or total quantity of oil is necessary, as a maximum spill would be fully contained. 2. There are no underground pipes or tanks installed on this site. 3. There have been no reportable fuel oil spills at this facility from the time of installation. 4. The facility will be inspected monthly and inspections documented and kept on file as required. The inspections will check the to see if there is any deterioration in the tank, containment vessel or component materials. Additionally, informal visual inspections are performed daily by workers in the area. 5. Fail safe engineering: The tank will be dipped to determine the level of fuel in the tank prior to beginning to fill the tank. The tank level will be checked periodically during filling to prevent a spill. 6. Sufficient lighting will be available to observe the tank. 7. A valve is provided to manually drain the containment vessel if needed. 8. Listed below are possible spill scenarios: Storage tanks - a. Overfilling by supplier. Maximum reasonable quantity of expected spill is 100 gallons due to the automatic shut off on the vendor's tank trucks. This quantity would be contained within the steel containment vessel. Page 7 • • b. Tank failure, vandalism, or valve failure. Maximum spill of 10,000 gallons. This quantity would be contained within the steel containment vessel. The containment vessel has a capacity of 11,220 gallons with the tank in place. If the steel containment vessel were to ever accumulate sufficient water to make drainage of the area necessary, the vessel could be drained using the valve in the lower corner. Careful observation of the water surface prior to draining and discharge into the storm water drainage system will ensure that no discharge of oil occurs as prohibited by 40 CFR Part 110.3. If the water in the steel containment vessel has an oily sheen, it will be drained and disposed of in accordance with the appropriate Local, State, and Federal regulations. If drainage of the steel containment area should ever be necessary, documentation of inspection or sampling of the water prior to discharge or disposal will be kept on file at the facility. 2.1.2 TRUCK LOADING/UNLOADING AREA The truck loading/unloading addresses the procedures used to fill the fuel storage tanks and the mobile equipment whether on or off road. The following procedures are to be used for these activities. Vendor loading procedures are as follows: 1. No smoking or use of any other flammable materials in the vicinity of the containment area. 2. Check to confirm that appropriate spill response equipment is available prior to vendor loading. 3. Measure liquid level in tank by gage or stick. 4. Fuel truck hooks up to the tank at the fill port. The grounding wire is attached to discharge static electricity buildup. 5. A visual indicator is within sight of the driver. 6. Drains and outlets on tank trucks are checked for leakage before unloading or departure. Their employers will train the delivery drivers in this procedure before they are allowed to deliver fuel to the site. When the storage tanks are loaded, the driver chocks the truck wheels prior to off-loading and removes the chocks only after ascertaining that no lines are left connected to the unloading apparatus. Off and on road equipment/vehicle fueling procedures are: 1. No Smoking. 2. Stop on loading area. Page 8 • 3. Stop motor. 4. Unlock fuel hose by key control. 5. Place fuel hose in vehicle. 6. Turn pump handle on. 7. Do not leave hose unattended while dispensing fuel. 8. Dispense fuel. 9. Turn pump handle off. 10. Drain hose into vehicle tank. 11. Replace fuel hose to dispenser and lock nozzle 12. Remove key and lock key controls. The fuel and used oil storage areas will be marked and labeled as follows: • Fuel tanks and waste oil tanks should be labeled and numbered as to tank contents. • Spill control kits will be clearly marked, and placed in highly visible locations. • "No Smoking" signs will be posted so as to be readily visible to those using the facility. 2.1.2.1 Information Required by 40 CFR Part 112 1. Piping from the storage tanks to the dispensing pumps is above ground within the steel containment vessel. 2. Pipeline terminal connections are capped or blank flanged and marked if the pipeline is not in service or on standby service for extended periods. 3. The facility is inspected monthly and inspections are documented and kept on file as required. Additionally, workers in the area will perform informal visual inspections daily. 4. Loading/unloading procedures meet the minimum requirements of the Department of Transportation as specified in 49 CFR Parts 171, 173, 174, 177, and 179. Page 9 • • 5. The unloading area does not have a quick -drain system. Any spilled fuel is expected to be absorbed into the site area. If any diesel fuel should try to run off, sufficient blotting material is available on site to absorb spills and facilitate cleanup. The blotting material is sand that is stockpiled on site. 6. Listed below are possible spill scenarios: Tank loading area - a. Transfer hose failure or tanker valve failure. Maximum spillage estimated at 100 gallons. Spill would flow along grade of the site or be absorbed into the sites ground area. Sufficient absorbent materials are available on site to handle spills of this size that occur outside of the steel containment vessel wall. b. Maximum tank truck single compartment capacity failure. Maximum spillage is 3,500 gallons, which would be discharged through a 3 inch valve opening. The average flow rate would be 175 gal/min, and the tank would empty in about 20 minutes. Since deliveries are made only during business hours and there are always personnel in the pit area within sight of the fuel storage area, it is likely that the spillage would be noticed very quickly. Sufficient personnel, equipment, and absorbent materials are available on site to quickly absorb this spill. This response procedure is included in personnel training. Dispensing pumps - a. Overfill of fleet vehicles. Maximum estimated spillage 5 gallons. Pumps are equipped with automatic shutoff nozzles. b. Rupture of dispensing hose. Maximum spillage estimated at 5 gallons. The electrical power to the pumps can be shut off at the pumps. c. Dislocation of the pump by vandalism or accident. Maximum estimated spillage 100 gallons. The pump stations are equipped with breakaway valves that would shut off the flow from the supply pipe automatically. If these valves were to fail, there are valves at the base of the tanks that can be used to shut off flow to the pump supply lines. d. After-hours major vandalism. The pumps are shut off electrically from a locked switch box. Destruction of property would be the only cause of a spill. Maximum estimated spill is 10,000 gallons. The pump is located in the steel containment vessel. For a spill caused by a vehicle overfill or rupture of dispensing hose related to the dispensing pumps sufficient blotting materials are available to quickly contain or absorb any spill. If the pump were dislocated by vandalism or accident or an after-hours major vandalism incident were to occur, the steel containment vessel around the storage tank would contain the spill. The steel Page 10 • • containment vessel has a capacity of 11,220 gallons and it could contain a rupture of the fuel tank, 10,000 gallons. 2.2 VEHICLE MAINTENANCE SHOP The shop building handles vehicle motor oil, lubricants, and hydraulic oil in 55 -gallon drums and other metal containers with capacities ranging from 5 to 110 gallons each. These containers are stored indoors on a concrete floor. The shop is constructed slab on grade with curbs along the perimeter of the building and has four (4) large doors, two (2) on each end of the building. The ground surface around the outside of the building is native soil. It is unlikely that the maximum spill of 110 gallons could reach the outside of the building through a doorway prior to being contained by absorbent materials. 2.2.1 Information Required By 40 CFR Part 112 1. No containment or controls are required for this site. 2. The building is locked except during business hours to prevent acts of vandalism. 3. The facility is inspected monthly and inspections are documented and kept on file as required. Additionally, workers in the area perform informal visual inspections daily. 4. Listed below are possible spill scenarios: Vehicle Maintenance Shop fluid storage area - a. Transfer of liquid from 55 -gallon drums or larger containers to 5 -gallon bucket. Maximum spillage estimated at 5 gallons. The spill would spread out on the concrete floor of the shop. Sufficient absorbent materials are available on site to handle spills of this size. b. Transfer of liquid from 55 -gallon drums or larger containers to vehicles. Maximum spillage estimated at 5 gallons. The spill would spread out on the concrete floor of the shop. Sufficient absorbent materials are available on site to handle spills of this size. c. Maximum capacity spill by container rupture. Maximum spillage is 110 gallons. All or most of the spill would be contained by the concrete floor and service pit inside of the building. A portion of the spill might exit through the door of the building onto the paved surface. However, it is unlikely that the spill could reach the road borrow ditch located 50 feet away from large door. Sufficient absorbent materials are available on site to handle spills of this size. Page 11 s • 2.2.2 USED OIL TANKS Used oil is handled and stored at the vehicle maintenance shop. The used oil containers vary in size but generally are 1,000 or 2,000 gallon. These used oil containers are stored in a steel containment vessel that has a minimum storage capacity of 110 percent of the total capacity of the used oil containers. The steel containment vessels are welded in a manner similar to the fuel storage containment vessels to provide a leak proof container. Oil is pumped from a pan or other container into the tank using an air pump through a fill port in the top of the tank. When the tank is nearly full, which is readily observable during filling, the oil is loaded onto a truck and hauled to an off-site location where it is utilized in a used -oil burner or disposed of according to State and EPA regulations. 2.2.2.1 Information Required By 40 CFR Part 112 1. The used oil tank is contained within a steel containment vessel, which has a capacity of 110 percent of the used oil tank. Thus, no prediction of direction, rate of flow, or total quantity of oil is necessary, as a maximum spill would be fully contained. 2. There have been no reportable oil spills at this facility since the time of installation. 3. Fail safe engineering: as described above, the level of the tank is easily observed during filling, and very small quantities of oil (5 gallons) are added to the tank at any one time. These factors effectively prevent overfilling of the tank. 4. Yard lights on the shop will provide facility lighting. 5. The area is fenced and the gate is kept locked (except during business hours) to prevent vandalism. 6. The facility is inspected monthly and inspections are documented and kept on file as required. Additionally, workers in the area perform informal visual inspections daily. 7. The tank terminal connections are capped or blank flanged and marked if the tank is not in service. 8. Loading/unloading procedures meet the minimum requirements of the Department of Transportation as specified in 49 CFR Parts 171, 173, 174, 177 and 179. 9. Drains and outlets on tank trucks are checked for leakage before departure. The employer will train the drivers in this procedure. When the storage tank is unloaded, the driver chocks the truck wheels prior to loading and removes the chocks only after ascertaining that no lines are left connected to the unloading apparatus. 10. Listed below are possible spill scenarios: Page 12 • • Vehicle Maintenance Shop used oil tank - a. Transfer of liquid from collection pan or similar container to the tank using an air pump. Maximum spillage estimated at 5 gallons. The spill would spread out on the gravel surface and be absorbed by the gravel. Sufficient absorbent materials are available on site to handle spills of this size. b. Transfer of tank contents to tanker for off-site use. Maximum spillage estimated at 50 gallons. Spill would spread out on gravel surface and be absorbed. Sufficient absorbent materials are available on site to handle spills of this size. c. Maximum capacity spill by container rupture. Maximum spillage is 2,000 gallons. This quantity would be contained within the steel containment vessel, which has a minimum capacity of 110 percent of the tank. If the steel containment vessel were to ever accumulate sufficient water to make drainage of the area necessary, a portable pump would be utilized to remove the water. Careful observation of the water surface prior to pumping and discharge into the storm water drainage system will ensure that no discharge of oil occurs as prohibited by 40 CFR Part 110.3. If drainage of the containment area should ever be necessary, documentation of inspection or sampling of the water prior to discharge will be kept on file at the facility. 2.3 TRUCK WASHING FACILITY The truck wash facility will be handling any effluent that is attached to or leaking from vehicles that enter the wash area. These effluents could be anything from a leaking fuel tank, oils from the engine, oil from the road, dirt or salt (magnesium chloride) from the roads, gravel and salt from the haul trucks. The two -2,500 gallon below ground storage tanks will be collecting the wash water and the materials cleaned from the trucks. The tanks each have manhole lids to allow for easy visual inspections of the tanks. A vacuum truck will empty the tanks when they are deemed full by on site workers. 2.3.1 Information Required By 40 CFR Part 112 1. No containment or controls are required for this site. 2. The tanks will be sealed concrete, water tight and connected together with a 4" PVC drainage pipe system. 3. The facility is inspected weekly and inspections are documented and kept on file as required. Additionally, workers in the area perform informal visual inspections daily. 4. Listed below is a possible spill scenario: Page 13 • • a. Transfer of tank contents to tanker for disposal. Maximum spillage estimated at 50 gallons. Spill would spread out on gravel surface and be absorbed. Sufficient absorbent materials are available on site to handle spills of this size. When the tanks are nearly full, which is readily observable after washing the vehicles, the wash water is loaded onto a truck and hauled to an off-site location where it is disposed of according to State and EPA regulations. 3 SECURITY MEASURES 1. The proposed site is separated from S.H. 6 by a fence. Gates will be installed across the entrance access. These entrance gates and other facility buildings will be locked after hours. 2. All employees will be asked to question and identify all unknown individuals in or near fuel storage locations. 3. Yard lights will be provided on the buildings, and adjacent to the above ground fuel tank within the facility area. These yard lights will provide sufficient lighting for security purposes. 4. Starter controls on all fuel pumps at the loading/unloading area are locked in the off position when in non-operating or standby status. Furthermore, the starter controls are located at a site accessible only to authorized personnel, and the power is turned off and locked out when the facility is unattended. 4 PERSONNEL TRAINING Personnel are properly instructed in the following: 1. Operation and maintenance of equipment to prevent spills, 2. Spill control measures for each area in the SPCC Plan, and 3. Applicable pollution control laws and regulations. This course includes a tour of the facility, a discussion of the procedures to be used when operating the facility, an explanation of the purpose of the plan, and a discussion on various responsibilities and activities required in the event of a spill or release. The person responsible for the plan conducts a walk-thru with discussion and demonstration of all the oil dispensing systems, including valves, pumps, shutoff switches, and security measures. Standard and emergency procedures for the operation of the facility are also reviewed. Contingency plans for spill control are discussed, and the location of absorbent materials, tools, equipment, and emergency phone numbers are reviewed. Page 14 Such training will be the responsibility of the facility manager and will be conducted not only when an employee starts their job, but also on a regular basis through such means as on-the-job training, regularly scheduled operations/safety meetings, when regulations and/or procedures change, semiannual spill prevention briefings, and annual refresher training. The spill prevention briefings highlight and describe any known spill events or failures, malfunctioning components, and recently developed precautionary measures to prevent spills. The spill response procedure that is part of the employee training is attached in Appendix C. All employees will be given an annual one (1) hour refresher course. New employees are trained within their first four weeks on the job. Records of employee training and sign-up sheets for spill -prevention briefings for personnel are kept on file at the facility for a minimum of three years. 5 INSPECTIONS AND RECORDS The required inspections are performed monthly following written procedures (Appendix A). The written procedures have been reviewed and approved by the appropriate supervisor. The procedures describe the required inspection and provide for sign -off by the inspector. The inspection records are kept on file at the facility for a minimum of 3 years. Informal daily walk-thru inspections are conducted of the in pit fueling facilities. Since this inspection is informal it is not documented. However, if a problem is observed during an inspection, which requires any repair or other action, this action or repair will be documented and the documentation will be kept on file. Similarly, all spill responses and cleanups will be documented and the documentation will be kept on file. These records are to include any removal or drainage of liquid from secondary containment areas. The fuel levels in the tanks are also recorded on a daily basis. Page 15 • • APPENDIX A - INSPECTION PROCEDURES Page 16 • • APPENDIX B - PLAN AMENDMENTS Page 17 • • APPENDIX C - SPILL RESPONSE PROCEDURES Page 18