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Home My WebLink About4.0 CorrespondenceJuly 21, 2006 Brian Gray Colorado Division of Wildlife West Regional Office 711 Independence Avenue Grand Junction, CO 81501 Garfield County BUILDING & PLANNING DEPARTMENT Dear Brian: As one of the conditions of approval includedGarfield County required the applicant to n the Resolution of approval for the United Companies of Mesa County Glen Pit, adhere to recommendations made by the DivisionWildlife of your February lt ry with t2006 t letter. One of the conditions of approval required Division regarding reclamation plan modifications to eliminate the likelihood of the ponds supporting non-native fish populations. n meet Based on this requirement, Garfield County o determinew hat themodifvisiications to withthe applicant or his authorized representatives reclamation plan will be needed to eliminate the possibility of non-nativefish and once surviving in the ponds. At your convenience, please meet with the applicantandncewith a modifications have been determined ineeded. provide this department or theapplicant letter or memo identifying the modifications Thank for your assistance in the review of the original reclamation acation and plan your mocooperation in assisting the County in establishing the appropriate If you have any questions or concerns about this request, feel free to call or email me at your convenience. Sincerely, Mark L. Bean, Co -Director Garfield County Building & Planning Department Xc: Ben Miller Greg Lewicki & Associates, PLLC 11541 Warrington Court Parker, CO 80138 108 8th Street, Suite 201, Glenwood Springs, Colorado 6070 (970) 945-8212 (970) 285-7972 Fax: (970) COMPANIES • • July 7, 2006 Mark Bean Garfield County Planning Department 108 - 8th. Street, Ste. 401 Glenwood Springs, Colorado 81601 Re: Glen's Pit Garfield County Bond P.O. Box 3609 2273 River Road Grand Junction, CO 81502 (970)243 4900 P.O. Box 1909 21830 Hwy. 550 South Montrose, CO 81402 (970) 249-1815 Fax: (970) 243-5945 FAX: (970) 240-8497 RECEIVED JUL 0 7 2006 GARFIELD COUNTY BUILDING & PLANNING P.O. Box 103 931 East Highway 92 Delta, CO 81416 (970) 874-9759 Fax: (970) 874-8326 P.O. Box 1556 27858 Hwy 6&24 Rifle, CO 81650 (970) 625-3738 FAX: (970) 625-5605 Dear Mr. Bean, tional Enclosed is the bond Garfield County requestedcart of the 'D-SPit of the d Use Permit. The 21.85 acres used to calculate the bond came from page Companies Glen's Pit application. This acreage figure any quest$1,000/acre results in a bond amount of $21,850. Please call me if y ou Sincerely, Brent W. Kerr Resource Manager Enclosure :::::RESOURCE . MUMCEIVED ■■■■■ E N G I N E E R I N G I N APR 0 6 2006 Mark Bean Garfield County Building and Planning Department 108 Eighth Street, Suite 401 Glenwood Springs CO 81601 RE: United Companies — Glen's Pit — Special Use Permit Application April 5, 2006 GARFIELD C=OUNTY BUILDING & PLANNING Dear Mark: At the request of Garfield County, Resource Engineering, Inc. (RESOURCE) has reviewed the Special Use Permit Application submittal by United Companies of Mesa County for the Glen's Pit project located along the Colorado River near Rifle. The submittal includes a three ring binder entitled, United Companies Glen's Pit 112 Permit Application to the Colorado Division of Minerals and Geology dated November 7, 2005. The submittal has a County Special Use Addendum. Our comments are outlined below. SUMMARY The proposed Special Use Permit application appears to meet the technical criteria for the Use general requirements Sec onin tlon 5.03, the 5 03 08 of thespecific Garfieldrequirements in Cou County Zoning Sectionion 5.03.07, and the standards regulations, except as noted below. SPECIAL USE GENERAL REQUIREMENTS The general requirements for any special use permit include providing adequate water and wastewater service and adequate road improvements and/or access for the proposed use. The application proposes an office but has not discussion on potable water and wastewater service for this facility. Greg Lewicki and Associates indicated that the office would have bottled water for drinking and either portable toilets or a non - potable water bathroom with wastewater collected in a holding Platank. (SWSP)he application does not appear to show that the Substitute Water Supply for augmentation allow for any domestic water use for the project. The State approvedd SWSP should be submitted to the County prior to issuing a permit. Any app permits for potable toilets and/or a non -discharging sewage holding tank must be obtained prior to installation of such facilities on site. The project site will be accessed from Highway 6 & 25 using the existing Chambers Pit entrance, which includes a railroadev review and/or letters fromCDOT and the ing erailroad OT and mustabe oad permits must be submitted fo submitted to confirm adequacy of the permits. INDUSTRIAL OPERATIONS REQUIREMENTS Section 5.03.07 of the County Zoning Regulation outlines additional specific criteria for industrial operations. These criteria require that theapplicant prepare a apdsubmit ragraph byn impact statement of the proposed use. The application Consulting Engineers and Hydrologists 909 Colorado Avenue IN Glenwood Springs, CO 81 601 41 (970) 945-6777 ! Fax (970) 945-1137 • Mark Bean Page 2 paragraph response to Section 5.03.07 which addresses impacts and mitigation measures. The response primarily relies on the requirements of CDMG to meet County regulations. Comments on specific subparagraphs of the regulation are given below. 5.03.07.1(A) — The application does not show adequate legal and physical water supply for an office, if a bathroom is provided. 5.03.07.1(D) - The application does not address off-site road and traffic impacts. The application infers that the project will not impact traffic or roads in the area because it is an extension of the existing Chambers Pit operations. Applicant should be more specific on traffic volume for the project and any off-site impacts. 05.03.07.1(E) - Applicant should describe the setbacks to adjacent properties, adjacent property uses, fencing, screening, lighting, etc and affirmatively state that sufficient separation from abutting property are provided. 5.03.07.2(A) - Applicant shall comply with applicable County Noxious weed regulations. 5.03.07.2(B) - The County should be a named beneficiary of the reclamation bond and the amount of the bond should meet or exceed County criteria. INDUSTRIAL PERFORMANCE STANDARDS The submittal indicates that the project will comply with the Industrial Performance Standards set forth in Section 5.03.08. Please call if you have any questions or need additional information. April 5, 2006 Sincerely, RESOURCE ` G,> - ING, INC. Michael J. Water Re on, P.E. urce Engineer MJE/mmm 885-36.1 E:\Client\885\36.0 Glen's Pit\mb special use permit app 885.doc RESOURCE ■MMM■ E N G I N E E R I N G I N C. Liberty Mutual NOTICE OF CANCELLATION AND/OR TERMINATION CERTIFIED MAIL -RETURN RECEIPT REQUESTED 7005 2570 0001 5976 5012 May 2, 2007 Garfield County 108 8th Street, Suite 401 Glenwood Springs, CO 91601 Bond Number: 14-040-531 Principal: Oldcastle SW Group, Inc. DBA United Companies of Mesa County Present Penal Sum: $21,850.00 Bond Description: Conditional use permit for Glen's Pit Original Effective Date: June 29, 2006 Cancel Date: June 29, 2007 We hereby cancel the above referenced bond in accordance with the cancellation/termination provisions contained in the bond. If, for any reason, the effective date of this Notice does not fully comply with the cancellation/termination provisions contained in the bond, then this Notice shall be deemed amended to contain the earliest effective date which is in compliance with the provisions of the bond. Reason: Bond being replaced by other surety. LIBERTY MUTUAL INSURANCE COMPANY By: i! Ar"/in-Fact Mary leem. , Attorney - REPLY TO: Liberty Mutual Surety 8044 Montgomery Road, Suite 150E Cincinnati, OH 45236 800-759-0559, Ext 323 Fax: 513-984-3165 ACKNOWLEDGEMENTQCLOSD D. PLEASE SIGN AND RETURN A COPY IN SELF ADDRESSED ENVELOPE ACKNOWLEDGED BY: MAY 0 7 2007 DATE: Cont/ El Obligee ® Principal ® Producer ® Home Office ® Underwriting Office Liberty Mutual, NOTICE OF CANCELLATION AND/OR TERMINATION CERTIFIED MAIL -RETURN RECEIPT REQUESTED 7005 2570 0001 5976 5012 May 2, 2007 Garfield County 108 8`1' Street, Suite 401 Glenwood Springs, CO 91601 Bond Number: 14-040-531 Principal: Oldcastle SW Group, Inc. DBA United Companies of Mesa County Present Penal Sum: $21,850.00 Bond Description: Conditional use permit for Glen's Pit Original Effective Date: June 29, 2006 Cancel Date: June 29, 2007 with he hereby cancel theIf, above referenced reason, the effective dateeof thistNotice does cancellation/termination complprovisionswith the contained in the bond. If, for any cancellation/termination provisions contained in the bond, then this Notice shall be deemed amended to contain the earliest effective date which is in compliance with the provisions of the bond. Reason: Bond being replaced by other surety. LIBERTY MUTUAL INSURANCE COMPANY By: se r Mary r Teem , Attorney -in -Fact REPLY TO: Liberty Mutual Surety 8044 Montgomery Road, Suite 150E Cincinnati, OH 45236 800-759-0559, Ext 323 Fax: 513-984-3165 ACKNOWLEDGEMENTS REQUIRED — PLEASE SIGN AND RETURN A COPY IN SELF ADDRESSED ENVELOP DATE: ACKNOWLEDGED BY: Conv ® Obligee ® Principal ® Producer ® Home Office ® Underwriting Office STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY .epartment of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 April 25, 2006 Mr. Brent W. Kerr Oldcastle SW Group, Inc. dba United Companies e'gun ` ty P.O. Box 3609 Grand Junction, CO 81502 Re: Glen's Pit, Permit No. M-2005-075, Financial Warranty Acceptance COLORADO DIVISION OF MINERALS GEOLOGY R E C LA M ATIO N•MI NI NG SAFETY•SCIENCE Bill Owens Governor Russell George Executive Director Ronald W. Cattany Division Director Natural Resource Trustee Dear Mr. Kerr: On April 24, 2006, the Division of Minerals and Geology accepted Liberty Mutual Insurance Company Corporate Surety Bond No. 14-039-381, in the amount of $54,060.00 for Glen's Pit, Permit No. M-2005-075. If you have any questions, please do not hesitate to contact me at 303-866-4084. gSincerely, 7, J �g/ ` l l�'• l Elizabeth Shelton Program Assistant Office of A. --,J 1 -. -.A PnrlamatIOn Office of Active and Inactive Mines Colorado Geological Survey J,J ti lX ,yy, , t t_tuJ - `i-" J. FINANCIAL WARRANTY CORPORATE SURETY , IJ 6 BOND NO. 14-039-381 Operator: OLDCASTLE SW GROUP, INC. DBA UNITED COMPANIES OF MESA COUNTY Operation: GLEN' S PIT Permit No.: M-2005-075 Bond No.: 14-039-381 Warrantor: LIBERTY MUTUAL INSURANCE COMPANY Street: 175 BERKELEY ST. City: BOSTON State: MASSACHUSETTS Zip Code: 02117 Area Code: 801 Telephone: 533-3624 This form has been approved by the Mined Land Reclamation Board pursuant to sections 34-32-117, C.R.S., of the Mined Land Reclamation Act and 34-32.5-117, C.R.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form, without approval by the Board shall result in the financial warranty being invalid and result in the voiding of any permit issued in conjunction with such invalid financial warranty and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to sections 34-32-123, C.R.S., of the Mined Land Reclamation Act and 34-32.5-123, C.R.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials . KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 1973, 34-32-101 et se_c . (the "Act"), as amended, provides that no permit may be issued under the Act until the Mined Land Reclamation Board (the "Board") receives a Financial Warranty (or Warranties) as described in the Act. OLDCASTLE SW GROUP, INC. WHEREAS, DBA UNITED COMPANIES OF MESA COUNTY (the "Operator"), a COLORADO corporation, has applied for a permit to conduct a mining operation known as GLEN' S PIT (the " peration"), on certain lands in GARFIELD County, Colorado. These lands are described in the rmit application, as amended and supplemented, and are referred to herein as the "Affected Lands". 2 WHEREAS, in the application for the permit, the Operator has agreed to be bound by all requirements of the Act and all applicable rules and regulations of the Board, as amended from time to time. WHEREAS, in the application for the permit, the Operator has agreed with the Board to provide for reclamation of the Affected Lands that are now, or may become, subject to the permit, as required by law. WHEREAS, the Operator and LIBERTY MUTUAL INSURANCE COMPANY — (the "Warrantor"), a corporation organized and existing under the laws of the State of MASSACHUSETTS and duly authorized to transact a bonding and surety business in the State of Colorado are hereby and firmly bound unto the State in the sum of FIFTY-FOUR THOUSAND Dollars ($ 54.060.00 ) for the life of mine or until such time as SIXTY AND NO 10 replacement is received, for the payment of which sum, well and truly made, we hereby bind ourselves and our personal representatives, successors and assigns, jointly and severally, firmly by these presents. 'WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs of reclamation of the Affected Lands are those amounts for the stated periods of time as set forth herein. Said amount may be amended from time to time to reflect revised estimates of said costs of reclamation. WHEREAS, the Operator and the Warrantor, in accordance with the Act, has promised and hereby promises the Board 0 that it will be responsible for all the estimated costs of reclamation with regard to the Affected Lands. WHEREAS, the Board has determined that this Financial Warranty by the Warrantor equals the estimated costs of reclamation, as approved by the Board, with regard to the Affected Lands. NOW, THEREFORE, the Operator and the Warrantor are held hereby firmly unto the State of Colorado in the amount of those sums for those periods of time as set forth herein, until this Financial Warranty is amended or released in accordance with applicable law. The Board may, for good cause shown, increase or decrease the amount and duration of this Financial Warranty. The Operator shall have sixty (60) days after the date of notice of any such adjustment to increase the surety amount, but no such increase shall bind the Warrantor unless and until it shall have consented thereto in writing by the issuance of an additional Financial Warranty or by an endorsement to this Financial Warranty. The Operator and the Warrantor shall notify the Board immediately of any event which may impair this Financial Warranty. If the Board receives such notice, or otherwise has reason to believe that this Financial Warranty has been materially impaired, it may convene a hearing in accordance with the Act for the purpose of determining whether impairment has occurred. The obligation of the Operator and the Warrantor shall continue until the Board has released this Financial Warranty or has ordered it forfeited in accordance with applicable provisions of the Act. It is understood that periods of years may necessarily be required before determination can be made that reclamation of the Affected Lands has been satisfactorily completed. It is also recognized that, as reclamation is accomplished, the amount of this Financial Warranty may be reduced with the approval of the Board so that it reflects the then current estimated cost of the remaining reclamation of the Affected Lands. No revision, extension, or renewal of the permit, or of the time allowed to complete reclamation, shall diminish the Operator's or Warrantor's obligation under this Financial Warranty. No misrepresentation by the Operator which may have induced the Warrantor to execute this Financial Warranty shall be any defense to demand by the State under this agreement. 3 In any single year during the life of the permit, the amount of the Financial Warranty shall not exceed the estimated cost of fully reclaiming all lands to be affected in said year, plus all lands affected in previous permit years and not yet fully reclaimed. Reclamation costs shall be computed with reference to current reclamation costs. The amount of this Financial Warranty is based upon estimates as to the cost of reclamation, and does not operate to liquidate, limit, enlarge or restrict the Operator's obligations to complete reclamation and to comply in all respects with the permit and with applicable laws and regulations governing reclamation, even though the actual cost thereof may substantially exceed the amount of this Financial Warranty. The Warrantor shall not be liable under this Financial Warranty for an amount greater than the sum designated herein, unless increased by a later amendment to this Financial Warranty. This Financial Warranty shall be reviewed by the Board from time to time, and the Board may require an increase in the principal sum of this Financial Warranty (and a corresponding increase in the surety amount) to cover increases in the estimated costs of reclamation, but no such increase shall bind the Warrantor unless and until it shall have consented thereto in writing by the issuance of an additional Financial Warranty or by an endorsement to this Financial Warranty. The Warrantor reserves the right to cancel this Financial Warranty, effective only upon an anniversary date, and only by giving written notice to that effect, mailed by Certified Mail, at least ninety (90) days prior to such anniversary date, addressed to both the Operator at its address herein stated, and to the Board at the address herein stated. In the event of such cancellation, this Financial Warranty shall nevertheless remain in full force and effect as respects the reclamation of all areas disturbed prior to the effective date of such cancellation, unless and until the Operator shall file a substitute 0 Financial Warranty which: (1) assumes liability for all reclamation obligations which shall have arisen at any time while this Financial Warranty is in force; and (2) is accepted in writing by the Board. In the event of such cancellation, if the Financial Warranty is not fully released, the amount of the continuing Financial Warranty available for the reclamation of areas disturbed and unreclaimed at the date of cancellation shall be fixed by the Board at the amount it determines necessary to complete such reclamation (which amount may not exceed the sum designated herein) and the Board shall concurrently identify such areas in writing, and notify the Warrantor and the Operator thereof. Thereafter, the obligation of the Warrantor shall be limited to reclamation of the areas so identified. The consideration for the Warrantor's execution of this agreement is the promise of the Operator to pay the premiums, but failure by the Operator to pay such premiums shall not invalidate or diminish the Warrantor's obligation hereunder. The Board may make demand upon the Warrantor for payment hereunder if the Board determines that reclamation which ought to have been performed by the Operator, or its successors or assigns, remains unperformed, and if Financial Warranty forfeiture procedures required by law have been initiated. No other condition precedent need be fulfilled to entitle the State to receive the amount so demanded. However, if, upon completion of reclamation by the State, the amounts expended for reclamation shall be less than the amount received from the Warrantor, the excess shall be promptly refunded to the Warrantor. If demand is made upon the Warrantor for payment of an amount due to the Board hereunder, and if the Warrantor fails to make payment of such amount within ninety (90) days after the date of receipt of such demand, or if it should thereafter be determined, by agreement of the Warrantor or by final judgment of court, that the amount demanded was properly payable, the Warrantor agrees to pay to the Board, in addition to the amount demanded, interest at the prime rate in effect from time to time at The United Bank of Denver for the period commencing at the end of such ninety -day period and ending on the date of actual payment. • 4 If the Board shall notify the Warrantor that the Operator is in default, and if the Board shall initiate any Financial Warranty forfeiture procedures required by law or regulation, the Warrantor may, in lieu of making payment to the Board of the amount due hereunder, cause the reclamation to be timely performed in accordance with all requirements of the Act and all applicable rules and regulations. In such event, when and if the reclamation has been timely performed to the satisfaction of the Board or Division, this Financial Warranty shall be released. If the reclamation shall not be so performed to the satisfaction of the Board or Division, this Financial Warranty shall remain in full force and effect. This Financial Warranty shall be subject to forfeiture whenever the Board determines that any one or more of the following circumstances exist: 1. A Cease and Desist Order entered pursuant to Section 34-32-124 of the Act has been violated, and the corrective action proposed in such Order has not been completed, although ample time to have done so has elapsed; or 2. The Operator is in default under its Performance Warranty, and such default has not been cured, although written notice and ample time to cure such default has been given; or 3. The Operator and/or the Warrantor has failed to maintain its Financial Warranty in good standing as required by the Act; or 4. The Warrantor no longer has the financial ability to carry out its obligations in accordance with the Act. •The description of lands herein is for convenience of reference only, and no error in such description, nor any revision of the permitted mining area, nor the disturbance by the Operator of lands outside of the permitted mining area shall alter or diminish the obligations of the Operator and/or Warrantor hereunder, which shall extend to the reclamation of all such lands disturbed. If this Financial Warranty applies to National Forest System lands, and if this Financial Warranty is accepted by the United States Forest Service ("U.S.F.S.") as the bond required under 36 C.F.R. 228.13, then the Operator, having requested that the Board and the U.S.F.S. accept this single Financial Warranty in lieu of the separate bonds which would otherwise be required by applicable law, hereby agrees that, notwithstanding any other provision hereof, or of law, this Financial Warranty shall remain in full force and effect until U.S.F.S. has advised the Board by written notice that the Operator's obligations to U.S.F.S., for which this Warranty is executed, have been satisfied, and until the financial warranty has been released by the Board. If this Financial Warranty applies to lands under the jurisdiction of the State Board of Land Commissioners ("Land Board"), and if this Financial Warranty, in whole or in part, is accepted by the Land Board as the bond required under its applicable law and procedures, then the Operator, having requested that the State accept this Financial Warranty in lieu of the separate bonds which would otherwise be required by the Colorado Mined Land Reclamation Board or Division of Minerals and Geology and by the Land Board, hereby agrees that, notwithstanding any other provision hereof, or of law, this Financial Warranty shall remain in full force and effect until the Board is notified in writing by the Land Board that the Operator's obligations to the Land Board, for which this Warranty is executed, have been satisfied, and until the financial warranty has been released by the Board. If all or any part of the Affected Lands are under the jurisdiction of the Bureau of Land Management, United States Department of the Interior (the "BLM"), and if, at the request of the Operator on this Financial Warranty, the BLM has, Spursuant to 43 C.F.R. 3809.1-9, accepted this Financial Warranty in lieu of requiring a separate reclamation bond payable to the United States, then, notwithstanding any other provision of this Financial Warranty, or of law, the Operator and Warrantor hereby agree that this Financial Warranty shall not be released until the Board is advised in writing by the BLM that the Operator's obligations to the BLM, for which this Warranty is executed, have been satisfied, and until the financial warranty has been released by the Board. 5 This Financial Warranty may be executed in multiple copies, each of which shall be treated as an original, but together they constitute only one agreement, the validity and interpretation of which shall be governed by the laws of the State of Colorado. The provisions hereof shall bind and inure to the benefit of the parties hereto and their successors and assigns. SIGNED, SEALED AND DATED this 16TH day of MARCH 2006 LIBERTY MUTUAL ISURANCE COMPANY Warrantor 1110s -- TI ' • ' S,._.AT. • ' EY—IN—FACT (SEAL) DBACUNITEDSCOMPANIESIOF.MESA COUNTY (SEAL) Operat. r By: WELL L •f', ASSISTANT SECRETARY NOTARIZATION OF WARRANTOR'S ACKNOWLEDGEMENT STATE OF UTAH ) ) ss. COUNTY OF SALT LAKE ) The foregoing instrument was acknowledged before me this 16TH day of MARCH , 2006 by TINA DAVIS as ATTORNEY—IN—FACT of LIBERTY MUTUAL INSURANCE COMPANY 1/11/7API OIt Nr'rd-AAJ NOTARY PUBT'IC My Commission expires: 08/30/08 • NOTARY PUBLIC MARCINDA DRYSDALE 277 East 1150 North Layton. Utah 84041 My Commission Expires August 30, 2008 STATE OF UTAH 6 NOTARIZATION OF OPERATOR'S ACKNOWLEDGEMENT STATE OF C 0\05Q.&D ) ) ss. COUNTY OF 'M Soy ) —t8N The foregoing instrument was acknowledged before me this l l day of YY 0, rC`r , ZCXD by L 4 UJ t\ L eui c d c \Z as (SSS �S-ktganA- ecctkQcy of p t ct► c ck,S4-V4e. %coup:lw�, APPROVED: State of Colorado Mined Land Reclamation Boar 4 Division o inerals d Geology By: Divisio • irector M:\min\share\bondforms\CorpSurety.bnd REVISED 05/26/04 mss,,,,. �.' ,� � • �w,�,.,....._. NOTARY PUBLIC My Cornmission expires: 3 - -`t-0 7 Date: each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sure not exceeding SEVENTY FIVE MILLION AND 00/100***** *** * **** ******* DOLLARS ($ 75,000,000.00***** ) each, and the execution of such undertakings, bonds, recognizances and: other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the .following Bylaw and Authorization:. ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of erty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 23rd day of January 2006 COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY LIBERTY MUTUAL INSURANCE COMPANY By�.. /✓_ Garnet W. Elliott, Assistant Secretary On this 23rd day of January , 2006 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WHs. unto subscribed my name and affixed my notarial seal at Plymouth. Meeting, Pennsylvania, on the day and year first above written.itt-t-C140 COMMONWEALTH OF PENNSYLVANIA 1875054 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to Oe extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company'), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint TINA DAVIS, MARCINDADRYSDALE,DERIK STEVENSON, -ALL OF THE CITY OF SALT LAKE CITY, STATE OF UTAH.. • N 'O N Y • d � C ca as criv d O H ca cu 03 O i d C fli cc • i 41;•+ O L 73 c>) � O, Z0 CERTIFICATE Teems Postage, Notaaty Pubic Rya .01Txm.M0rX00(001Yraurgr MjOarK>Mesiat Expires Mac 2$, 2009 Memtser.: Pln,04 iyan1a As*adatW0 of Notatiee By Teresa Pastella, Notary Public. I, the undersigned, Assistan • ecretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and1 do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF�1 have hereunto subscribed my name and affixed the corporate seal of the said company, this 16TH day of MARCH 6 / n By David M. Carey, Assi tit Secretary LICENSE & PERMIT BOND LIBERTY BOND SERVICES Bond Number: 14-040-531 KNOW ALL MEN BY THESE PRESENTS, that we OLDCASTLE SW GROUP, INC. DBA UNITED COMPANIES OF MESA COUNTY as Principal, (the "Principal"), and LIBERTY MUTUAL INSURANCE COMPANY, a mutual company duly organized under the laws of the Commonwealth of Massachusetts, as Surety, (the "Surety"), are held and firmly bound unto GARFIELD COUNTY, 108 8TH STREET, STE. 401, GLENWOOD SPRINGS, CO 81601 as Obligee, (the "Obligee"), in the penal sum of TWENTY-ONE THOUSAND EIGHT HUNDRED FIFTY AND NO/100 Dollars ($21,850.00), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has been granted a CONDITIONAL USE PERMIT FOR GLEN'S PIT (description of license or permit) NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall indemnify and save harmless the Obligee against loss to which the Obligee may be subject by reason of the Principal's breach of any ordinance, rule or regulation relating to the above described license or permit, then this obligation shall be null and void; otherwise to remain in full force and effect. PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT: 1. The liability of the Surety hereunder shall in no event exceed the penal sum of this bond as stated above, regardless of the number of years this bond shall continue in force. 2. This obligation may be canceled by the Surety by giving thirty (30) days notice in writing of its intention to do so to the Obligee, and the Surety shall be relieved of any further liability under this bond thirty (30) days after receipt of said notice by the Obligee, except for defaults occurring prior thereto. 3. Any claims must be presented in writing to Liberty Mutual Insurance Company to the attention of Liberty Bond Services, Claim Department, 450 Plymouth Road, Ste. 400, Plymouth Meeting, PA 19462-1644. DATED as of this 29TH day of JUNE, 2006. WITNESS/ EST: LBS -6500 OLDCASTLE SW GROUP, INC. DBA UNITED COMPIIE t..'A COUNTY (Seal) Principal ��. By: itle: e: LIBERTY MUTUAL IIS,SURANCE COMPANY Surety �� (Seal) Rev. 3! S COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 12th day of May , 2006 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WHET t 2 unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year By( em,-, 4✓- Garnet W. Elliott, Assistant Secretary THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint TINA DAVIS, MARCINDA DRYSDALE, DERIK STEVENSON, ALL OF THE CITY OF SALT LAKE CITY, STATE OF UTAH .. 1945084 , each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety ooligions inn the penal sum) not each, exceedingSthe EVENTY FIVE MILLION AND 00/100******************** DOLLARS ($75,000,.00***** execution of such undertakings, bonds; recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their o signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be d as binding as if signed by the president and attested by the secretary. a• dBy the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: 03 C Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby L. authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and 'p g deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. 0 0 That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. d> IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of , '•.iberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 12th day of May (1) 2006 Z' as LIBERTY MUTUAL INSURANCE COMPANY ' O i first above written. CERTIFICATE I, the undersigned, Assistan ecretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This y ced res r and by certificate and the above of the board of directors of Liberty Muof attorney t al Iay nsurance ee dby facsimile or Company at a meeting duly called and uheld on the 12th dayeof March, 19authority of the VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. COMMONWEALTH OF PENNSYLVANIA uotarisl Seal Teresa?a„sts5a, Notary PublIc Plymouth To., Montgomery CoLgAy 1 My Cornrnissinn Expires Ma. 28, 20E9 t�igr.tor, Fsnnsytania Assccatlon of Notaasa By Ter sa Pastella, Notary Public 29TH da of IN TESTIMONY WHEREOF, Ihrave6hereunto subscribed my name and affixed the corporate seal of the said company, this y JUNE LUUU By David M. Carey, Assi fit Secretary • • Greg Lewicki And Associates 11541 Warrington Court Phone: (303) 346-5196 Fax (303)-346-6934 Parker, CO USA 80138 E -Mail: lewicki7@comcast.net November 9, 2005 Fred Jarman Garfield County Building and Planning Department 108 8`h Street, Suite 201 Glenwood Springs, CO 81601 Dear Mr. Jarman: As we discussed on the phone, Oldcastle SW Group, Inc. dba United Companies of Mesa County is proposing a new gravel pit east of Rifle. This pit is located just to the east of the Chambers Pit. There is also a currently submitted filing for the Scott expansion to the Chambers Pit. The proposed pit is on land that is zoned Al with an active special use permit on a portion of Yvonne Chambers property. The enclosed Colorado Division of Minerals and Geology Permit Application includes a Special Use Addendum specifically addressing county special use permit application concerns. Please do not hesitate to call me at (720) 842-5321 if you have any questions. Thank you. Ben Miller Greg Lewicki and Associates PLLC V Mining Areas Gravel Raw Topsoil Topsoil Overburden Overburden Tons* (t) Thickness (ft) Tonnage* (t) Thickness (ft) Tonnage*(t) Area (acres) 0 Phase 1 4.65 203,808 1.00 8,252 0.00 Phase 2 4.67 219,386 1.00 8,288 2.50 20,719 Phase 3 3.96 137,207 1.00 7,028 5.00 35,138 Phase 4 5.93 135,340 1.00 10,524 9.00 94,714 Phase 5 2.64 43,996 1.00 4,685 10.00 46,851 Total** 21.85 739,736 38,776 197,423 * Topsoil and OB tonnage is based on the assumption that 1.0 CYD weighs 1.1 t. Raw gravel assumes 1.5 t. ** Note: Total area is less than the permitted acreage. The remainder exists as undisturbed areas, roads, and stockpiles. Facilities and Mobile Equipment All facilities for the site will be located in or around the pit Portable crushing, screening, washing, cement, and asphalt plants will be brought onsite. A portable office trailer may be used for the scale house and offices onsite. An alternative office plan may use the existing structures until mining progresses into those aminin . It is sof thelpn tial phase.ated that ocessinProce� ing facilof the ities will be kept in the pit bottom except during theg initial phase's gravel will occur on the existing surface of Phase 2. The topsoil will be stripped to provide sufficient space for processing. On -Site Facilities Type Portable Notes Crusher/Screen Asphalt Plant Cement Plant Office Wash Plant Scales Fuel Fane LI The expected equipment used for this site can be seen below. 11/7/2005 Page D-5 Mining Areas Gravel Raw Topsoil Topsoil Area (acres) Tons* (t) Thickness (ft) Tonnage* (t) Phase 1 4.65 203,808 1.00 Phase 2 4.67 219,386 1.00 Phase 3 3.96 137,207 1.00 Phase 4 5.93 135,340 1.00 Phase 5 2.64 43,996 1.00 Overburden Overburden Thickness (ft) Tonnage*(t) 8,252 8,288 7,028 10,524 4,685 Total** 21.85 739,736 0.00 2.50 5.00 9.00 10.00 0 20,719 35,138 94,714 46,851 38,776 197,423 * Topsoil and OB tonnage is based on the assumption that 1.0 CYD weighs 1.1 t. Raw gravel assumes 1.5 t. ** Note: Total area is less than the permitted acreage. The remainder exists as undisturbed areas, roads, and stockpiles. Facilities and Mobile Equipment All facilities for the site will be located in or around the pit, Portable crushing, screening, washing, cement, and asphalt plants will be brought onsite: A portable office trailer may be used for the scale house and offices onsite. An alternative office plan may use the existing structures until mining progresses into those areas. It is anticipated that processing facilities will be kept in the pit bottom except during the mining of the initial phase. Processing of the initial phase's gravel will occur on the existing surface of Phase 2. The topsoil will be stripped to provide sufficient space for processing. On -Site Facilities Type Portable Notes Crusher/Screen 0 Asphalt Plant El Cement Plant Office Wash Plant 0 Scales Fuel Farm El The expected equipment used for this site can be seen below. 11/7/2005 Page D-6 1 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 CONSTRUCTION MATERIALS FAX: (303)hone: (3 832-8106 866-3567 REGULAR (112) OPERATION FAX: RECLAMATION PERMIT APPLICATION FORM CHECK ONE: There is a File Number Already Assigned to this Operation (Please reference the file number currently assigned to this operation) Permit # M - � New Application (Rule 1.4.5) Amendment Application (Rule1.10) Conversion Application (Rule 1.11) Permit # M - - - (provide for Amendments and Conversions of existing permits) application form; thea application parts: see. the you submit your The application for a Construction Materials Regular112 OP ��Reclamation . Permit ��3�� pp major p arts. (1) a app (2) Exhibits A -S, Addendum 1, any sections of of the completed application form. �'O (2) application, be sure to include one (1) com Tete si ed and notarized ORIGINAL and one (1) copy, of check for the application fee described copies of Exhibits A -S, Addendum 1, appropriate sections of 6.5 (Geotechnical Stability under Section (4) below. Exhibits should NOT be bound or in a 3-ring orderbinder de� bed in this form to 8 1/2" X 11" or 81/2" X 14" size. To expedite processing, please provide the information in the format an GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, ALL information requested below. COLORADO DIVISION Of MINERALS GEOLOGY RECLAMATION•MINING SAfETY•SCIE N CE Bill Owens Governor Russell George Executive Director Ronald W. Cattany Division Director Natural Resource Trustee 1. A licant/o r erator or com r an name name to be used on 1.1 Type of organisation (corporation, partnership, etc.): 2. Operation name (pit. mine or site name1: 3. Permittedacreage (new or eaistin site : 3.1 Change in acreage (+) 3.2 Total acreage in Permit area 4. Fees: 4.1 New Application 4.2 New Quarry Application 4.4 Amendment Fee 4.5 Conversion to 112 operation (set by statute) s to be mined: 5. Prima eommoditie 5.1 Incidental commoditie(s) to be mined: 3. / 1bslTons�r/ 35.x{ '35. 51 permitted acres acres acres $2 344.00 application fee $2.906.00 quarry application $1 938.00 amendment fee $2 32 44.00 conversion fee o6r4 ► 2" I / w / 1bs/Ton 4. / lbs/Tons/vr 5. 5.2 Anticipated end use of primary commoditie(s) to be mined: 5.3 Anticipated end use of incidental commoditie(s) to be mined: Colorado Offic^F • 6. Name of owner of subsurface rights of affected land: If 2 or more owners, "refer to Exhibit 0". 7, Name of owner of surface of affected land: re. PLr 0 8. Type of minine operation: >< Surface Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: 6orcc 11 PRINCIPAL MERIDIAN (check one): i` 6th (Colorado) 10th (New Mexico) Ute SECTION (write number): S 1 TOWNSHIP (write number and check direction): T 6 North X South RANGE (write number and check direction): R 611 East I< West QUARTER SECTION (check one): NE NW ) SE SW QUARTER/QUARTER SECTION (check one): NE NW SE SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): - 2 - re, -Per- .‘x 4;-t 0 2 1_ 4- 0-P e1- e) C 0 Seo 10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) 39° 44' 12.98" (W) 104° 59' 3.87" Latitude (N): deg 31 min 3 2 sec ZS- . '5 (2 decimal places) Longitude (W): deg % Q min di y sec 1 0 . 0 S (2 decimal places) OR Example: (N) 39.73691° (W) -104.98449° Latitude (N) (5 decimal places) Longitude(W) (5 decimal places) OR Universal Tranverse Mercator (UTM) Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Datum (specify NAD27, NAD83 or WGS 84) Zone Easting Northing • • -3- 11. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) n M Contact's Name: ak 6,r- Title: Company Name: VA vt.e.JkpCc 1'` o..v t- Street/P.O. Box: /2 27 r5 6`\- d P.O. Box: City: G f o,,G State: GO Zip Code: SU2 Telephone Number: (C v ) - ZZ3 — 9100 Fax Number: (617o )- Zi3- 5`�y PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: iSg6 / / N M / t, Title: � 1 l � Company Name: L. ') e,L; As -6 L IL Street/P.O. Box: // („farn �v� rov P.O. Box: City: /a-4-er State: Zip Code: Telephone Number: (-Z V ) - 1y Z '5 3 Z Fax Number: (3)3 ) - 3c/6 61321 INSPECTION CONTACT Contact's Name: why °`5) 010 Title: Company Name: Street/P.O. Box: P.O. Box: City: State: Zip Code: Telephone Number: ( ) - Fax Number: ( ) - CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Telephone Number: ( ) - CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: _ Telephone Number: ( ) - i 12. Primary future (Post -mining) land use (check one): Pastureland(PL) Forestry(FR) Recreation(RC) Cropland(CR) Rangeland(RL) Residential(RS) Developed Water Resources(WR) 13. Primary present land use (check one): Pastureland(PL) Forestry(FR) Recreation(RC) Cropland(CR) Rangeland(RL) Residential(RS) Developed Water Resources(WR) -4- - General Agriculture(GA) y Wildlife Habitat(WL) Industrial/Commercial(IC) Solid Waste Disposal(WD) General Agriculture(GA) Wildlife Habitat(WL) Industrial/Commercial(IC) G� 1�►�r 14. Method of Mining: Briefly explain mining method (e.g. truck/shovel): I el— 4'' GCt^s 15. On Site Processing: X Crushing/Screening (e.g.truck/shovel): S e ,e. A ave./ 13.1 Briefly explain mining method List any designated chemicals or acid -producing materials to be used or stored within permit area: 16. Description of Amendment or Conversion: If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s). • • -5- Maps and Exhibits: Two tocomplete,fmaunbound referenced nn packages must bi A -S, Addendum 1,,submitted. One lete and the Geotechnical Stability Exhibit Each exhibit within the ication package consists of a signed application form and the set of maps and exhibits referenced below as application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of reference. If separate documents are used as appendices, please reference these by name in the exhibit. With each of the two (2) signed application forms, you must submit a corresponding set of the maps and exhibits as described in the following references to Rule 6.4, 6.5, and 1.6.2(1)(b): EXHIBIT A Legal Description EXHIBIT B Index Map EXHIBIT C Pre -Mining and Mining Plan Map(s) of Affected Lands EXHIBIT D Mining Plan EXHIBIT E Reclamation Plan EXHIBIT F Reclamation Plan Map EXHIBIT G Water Information EXHIBIT H Wildlife Information EXHIBIT I Soils Information EXHIBIT J Vegetation Information EXHIBIT K Climate Information EXHIBIT L Reclamation Costs EXHIBIT M Other Permits and Licenses EXHIBIT N Source of Legal Right -To -Enter EXHIBIT 0 Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined EXHIBIT P Municipalities Within Two Miles EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Conservation District EXHIBIT R Proof of Filing with County Clerk or Recorder EXHIBIT S Permanent Man Made Structures Rule 1.6.2(1)(b) ADDENDUM 1 - Notice Requirements (sample enclosed) Rule 6.5 Geotechnical Stability Exhibit (any required sections) d The instructions for preparing Exhibits A -S, Addendum 1, and Geotechnical Stability Exhibit Exhibits eocontento the inpecified under RoRule 6.4 required, 6.5 5d, d r Rule 1 .6.2(1)(b) of the Rules and Regulations. If you have any questions on preparing would like to schedule a pre -application meeting you may contact the Office at 303-866-3567. Responsibilities as a Permittee: Upon application approval and permit issuance, this application becomes a legally binding document. Therefore, there are a number of important requirements which you, as a permittee, should fuly unstand�dThstand yo obligations. Iements are f you do not ed below. Please read and initial each requirement, in the space provided, to acknowledgeyou understand these obligations then please contact this Office for a full explanation. 1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; -6 - LU k 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a fording that the permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the application or your permit misrepresent important material facts; (3 W 1. 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as permittee can result; )3 tt.) i•<; 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; •, tk 5. It is your responsibility to notify the Office of any changes in your address or phone number; 6. Upon permit issuance and prior to beginning on-site mining activity, you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information (Rule 3.1.12): 3 W 1 tok, WFC a. the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c. the permit number. 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance. 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Construction Material Rules and Regulations in effect at the time the permit is issued. 9. Annually, on the anniversary date of permit issuance, you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval Annual fees are for the previous year a permit is held. For example, a permit with the anniversary date of July 1, 1995, the annual fee is for the period of July 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the permittee, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. 10. For joint venture/partnership operators: the signing representative is authorized to sign this document and a power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application. Permit Condition: A reportable spill is a spill of any toxic or hazardous substance (including spills of petroleum products) within the mined land permit area reportable to any Division of the Colorado Department of Public Health and the Environment, the National Response Center, the Colorado Emergency Planning Commission, any local Emergency Planning Commission, local Emergency Planning Committee, or the State Oil Inspector. The Mine Operator shall notify the Division of Minerals and Geology (DMG) of a reportable spill within the mined land permit area using the same timeframe required by the permit, license, notice, statute, rule or regulation governing the reporting of the spill to the other appropriate agency. Notice of a reportable spill shall be FAXed to: Minerals Program Supervisor, Division of Minerals and Geology, FAX (303) 832-8106. The FAX shall include a call-back number of a responsible company official for DMG staff to use as a contact. -7 - NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office. Therefore, if you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document. The Office is not allowed to consider comments, unless they are written, and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process, you may contact the Office at (303) 866-3567. • • -8- Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. To the best of my knowledge, all significant, valuable and permanent man-made structure(s) in existence at the time this application is filed, and located within 200 feet of the proposed affected area have been identified in this application (Section 34-32.5-115(4)(e), C.R.S.). 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115(4)(f), C.RS.; 3. As the applicant/operator, I do not have any extraction/exploration operations in the State of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-32.5-120, C.RS.) as determined through a Board finding. 4. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. This form has been approved by the Mined Land Reclamation Board pursuant to section 34 32.5-112,CRS., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to section 34-32.5-123, C.R.S. Signed and dated this a 1.-1=1 day of MO O / C - , Otdc +I. SW —1- r, (\ T� 1+,,,b,Co p� v i P� v� 1� 1 t 6 Applicant/Operator or Company Name Signed: Title: t?ceS%aen�- State of a v\ 0c4 6,13 County of 'Mesa ) ss. If Corporation Attest (Seal) Signed• Corporate S - etary or Equivalent Town/City/County Clerk The foregoing instrument was acknowledged before me this l loth day of Nolle-mb t f z oo S by Cr-n.i q _ C rr,be,c-1as of O . c\ c risA e S liJ Ca couT,s'PC . . U,rrC.ovnearitsrrieoae.ou,. A Wolin \share\vsfomss\Construction 1 12.doc (Approved 05/11/2005) N.J.1�J.t lk -laa, Notary Public My Commission expires: 3-?. • 07 S MUST BE IN BLUE INK APR. 5. 2006 9:07AM UNITED COVIPANIES MBE Brent W. IC= Estimator /Project Mager • 2273 River Rnad P.O. Box 9609 Grand Juncdna, CO 81502 phone (970) 243-4900 - Cell M4,16-9547 Fax (970) 243-5945 Qhs also in Montrose, Norwood, Gunnison & Rifle NO. 750 U!30 Hag. 550 5wl61 P.O. Bon 2.969 CO 41402 (g70) 2494315 PAX% p7o) 2404497 Camay Raw 441141. P.O. 92E Nomad, CO 11429 pvo)-M5a4 1X5 (970) =4113 TO: NAME: COMPANY: FAX NUMBER: REGARDING: FACSIMILE, MESSAGE SHEET EDEIMMEDAMDELLTM DATA' -s'roh TIME 1,. ,U"'t pe.tY = cel �-tl g.b FROM: NAME• /6Jo WE ARE SENDING _..PAGES (INCLUDING THIS COVER PAGE). r114. REMARXS: 4 IF YOU DO NOT RECEIVE ALL PAGES IN THIS TRANSACTION, PLEASE CALL. ,AT(970)243- 900 AS SOON AS POSSIBLE. THANK YOU. .. APR. 5. 2006_ 9:08AMI—UNITEC COMPANIES 1 11111111111 111111 111131 11111111 11VI1111111111 1 of42 2 R311.00006 D 00028GARFI779 P610 M ELD COUNTY �SDORF MINERAL DEED NO. 150 P 2 Grantor, FLINT L. CHAMBERS, whose address is 28584, Highway 6 and 24, Rifle, County of Garfield, and State of Colorado, for the consideration of Ten Dollars ($10.00) and Other Good and Valuable Consideration, in hand paid, hereby grants, bargains, sells, conveys, transfers, assigns and delivers to Grantee, OLDCASTLE SW GROUP, INC., a Colorado corporation, whose address is Post Office Box 3609, Grand Junction, County of Mesa, State of Colorado (81502-3609), all gravel and gravel products that may be located in and under the following real property in the County of Garfield, and State of Colorado, to wit: See Exhibit "A" attached hereto and by this reference incorporated herein; TOGETHER with all and singular the rights, privileges, hereditaments and appurtenances thereto belonging, or in anywise appertaining; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its heirs and assigns forever. The Grantor, for himself, his heirs and personal representatives or successors, does covenant and agree that he shall and will WARRANT AND FOREVER DEFEND stthe eiabove the e - bargained premises in the quiet and peaceable possession or 0 Grantee, its heirs and assigns, against all and every p persons claiming the whole or any part thereof. Signed this day of March, 2006. STATE OF COLORADO ) S8. COUNTY OF MSrA. ) (aa cc;too` Fl nt L. Chambers The foregoing instrument was acknowlleeddged d before me this day of March, 2006, by FLINT seal. WITNESS my hand and official My commission expires: DENNA ROOF NOTARY PUBLIC STATE OF COLORADO My Commission Exoires 09/27/2009 � �c� �c�'• 6. die Ge41. ,4�iv,C b YaOyC 3t_oq ea Si SC) -312.01 0 0 H 0 z APR. 5.2006 9:08AM UNITED COMPANIES 1 11111111111 1111111 111 illllll 11111 11111 111 11111 1111 1111 693942 03/13/2006 03:28P 81779 P611 M ALSDORF 2 of 2 R 11.00 D 0.00 GARFIELD COUNTY CO EXHIBIT "A" NO.750 P. 3 A parcel of land contained in Lot 1 (NES( SEU) of Section 11, Township 6 South, Range 93 West of the 6th P.M., lying southerly of the Denver and Rio Grande Western Railroad, described as follows: Beginning on the southeasterly right-of-way line of said railroad, whence the East corner of said Section 11 bears N 80042121" E 843.63 feet; thence along a line 30 feet easterly of and parallel to the East boundary of that land described in Book 689 at Page 484, S 12°38'00" E 53.20 feet and S 16°41'29" W 256.93 feet; thence leaving said parallel line,.S 79039'28" E 245.70 feet; thence S 04°54'41" W 382.00 feet; thence West 365.44 feet; thence along the East boundary of that land described in Book 704 at Page 435, North 59.10 and North 84.51 feet; thence along the East boundary of that land described in Book 689 at Page 484, N 31°44'00" E 150.73 feet N 16°41'29" E 417.69 feet and N 12°38'00" W 37.78 feet to the Southeast right-of-way line of said railroad; thence along said right of way, N 63°11'41" E 30.94 feet to the point of beginning; County of Garfield, State of Colorado. e • • • APR. 5,2006_ 9:08AM UNITED COMPANIES 11111111111111111111 1111111 IIIA IIIA III 111111111 1111 693941 03/13/2006 0327P 61779 P609 M RLSDORF 1 of 1 R 6.00 0 32.50 GRRFIELD COUNTY CO NO. 150 P. Recorded at o'clock M. Reception No. Recorder_ WARRANTY DEED THIS DEED, made this 9th day of March, 2006 Between FLINT L. CHAMBERS of the County of Garfield, and State of CO, grantor, and OLDCASTLE SW GROUP, INC., A COLORADO CORPORATION whose legal address is . P.O. Box 3609,Grand ,unction CO, 81502 .of the County of Mesa and State of CO, grantee: WITNESSETH, That the grantor for and in consideration of the stmt of 5325,000.00 DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell�andecoconvey and dconnfirm unto thhe grantee, his heirs and assigns forever, all the real property together with improvements, if any, lying $ County of Garfield and State of Colorado described as follows: A parcel of land contained in Lot 1 (NE1/4SE1/4) Section 11, Township 6 South, Range 93 West of the 6th P.M., in Garfield County, Colorado, lying Southerly of the Denver and Rio Grande Western Railroad, described as follows: Beginning on the Southeasterly right of way line of said Railroad, whence the East 1/4 Corner of said Section 11 bears North 80°42'21" East 843.63 feet; thence along a line 30 feet Easterly of and parallel to the East boundary of the land described in Book 689 at Page 484 South 12°38'00" East 53.20 feet and South 16°41'29" West 256.93 feet thence leaving said parallel line South 79°39'38" East 245.70 feet; thence South 04°54'41" West 182.00 feet; thence West 365.44 feet; thence along the East boundary of that land described in Book 704 at Page 435, North 59.10 feet and North 84.51 feet; thence along the East boundary of that land described in Book 689 at Page 484 North 31°44'00" East 150.73 feet, North 16°41'29" East 417.69 feet and North 12°38'00" West 37.78 feet to the Southeast right of way line of said Railroad; thence along said right of way North 63°11'41" East 30.94 feet to the POINT OF BEGINNING. Grantor -hereby reserves full mineral rights to-tbe property. as known by street and number as: 28584 Highway 6 & 24 Rifle CO TOGETEIER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to the above bargainedpremiscs, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, bargain, and athe ecgrraanand with the Gtee, his heirs nd assi hsiers forever. And the Grantor, for himself, his heirs, and personal representatives, does covenant, grant heirs and assigns, that at the time of the cnsealing and delivery of these presents, he is well seized of the premises above conveyed, has goosure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant,bargain, arg e, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes and assessments for the year 2006 and subsequent years and all those specific exceptions described by reference to recorded documents as reflected in Commonwealth Title Company's Commitment No. 0504067 of The grantor shall and will WARRANT AND FOREVER DEFEND the above bargainedd wholes oranythe t quietthand peaceable. The posularsnumberession shall the grantee, his heirs and assigns, against all and every person or persons lawfully claiming P include the plural, the plural the singular, and the use of gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. X01& -/a Flinn . Chambers — STATE OF COLORADO COUNTY OF GARFIELD ss. The foregoing instrument was acknowledged before me on March 9, 2006, by Flint L. Chambers. My commission expires: Commonwealth rile No. 0504067 DEN NA ROOF NOTA)"; PUBLIC STATE 01:' COLORADO My togxplrrs 091271200g Return w: 01°canic Sw G+wp Inc.. 'Colorado Curyaaden P.O. as, 5609 Grand homer CO 85502 S my han 12'7 East 5th Street Rifle, CO 81650 so �� 3aso APR. 5. 2006 9:09AMUNITED COMPANIES^ • =flIll 11(11 1111111 Ill hill 1111111111 Ill 11111 llll III 693940 03/13/2006 03:25P 31779 P607 M ALSDOR 1 of 2 R 11.00 D 0.00 GRRFIELD COUNTY CO STATEMENT OF AUTHORITY 1. This statement of Authority relates to an entity named: Oldcastle SW Group, Inc., a Colorado Corporation • 2. The type of entity is a: Z corporation D nonprofit corporation ❑ limited liability company • general partnership ❑ limited partnership 0 registered limited liability partnership_ O O. 750 P registered limited liability limited partnersbip limited partnership association unincorporated nonprofit association ❑ government or governmental subdivision of agency • business trust ❑ trust 3. The entity is formed under the laws of: The State of Colorado 5 4. The mailing address for the entity is: P.O. Box 3609. Grand Junction CO 81502 5. The El name(s), or ® position(s) of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is (are): Craig Lamberty, Vice President 6. (Optional) The authority of the foregoing person(s) to bind the entity is El not Limited limited as follows: n/a n/a 7. (Optional) Other matters concerning the manner in which the entity deals with interests in real property: 8. This statement of Authority is executed on behalf of the entity pursuant to the provisions of Section, 38-30-172, C.R.S. (--APR. 5. 2006- 9: 09AY1-0 ITED HUB COMPANIES '1 01111111111111111111111111 Ili 11111 111 11111 ii I I rJ 29 of 2 03/13/2006 0.00 2ALSDORF GARFIELD COUNTY CO Oldcastle SW Group, Inc., a Colorado Co or By: Craig berty, Vice President State of Colorado 4 ofd NO. 750 P 6 Executed this 29th day of December 2005 The foregoing instrument was acknowledged before me this 9th day of March, 2006 by Craig Lamberty, Vice President of Oldcastle SW Group, Inc., a Colorado Corporation. Witness my hand and official seal. My Commission Expires: 3.1.8.O 7 Notary Public • APR. 5.2006 9:09AM UNITED COMPANIES y ` I 1E11 11111111111 III 1111111 1111 IIIIiR III 11111 1111 1111 693939 03/13/2006 03:25P 81779 P605 M PLSDORF 1 of 2 R 11.00 D 0.00 GARFIELD COUNTY CO MINERAL DEED O. 150 P. 7 FIZtri Grantor, KENNETH CHAMBERS and PATRICIA CHAMBERS, as joint tenants, whose address is 28588, Highway 6 and 24, Rifle, County of Garfield, and State of Colorado, for the consideration. of Ten Dollars ($10.00) and Other Good and Valuable Consideration, in hand paid, hereby grants, bargains, sells, conveys, transfers, assigns and delivers to Grantee, OLDCASTLE SW GROUP, INC., a Colorado corporation, whose address is Post Office Box 3609, Grand Junction, County of Mesa, State of Colorado (81502-3609), all gravel and gravel products that may be located in and under the following real property in the County of Garfield, and State of Colorado, to wit: See Exhibit "A" attached hereto and by this reference incorporated herein; TOGETHER with all and singular the rights, privileges, hereditaments and appurtenances thereto belonging, or in anywise appertaining; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its heirs and assigns forever. The Grantor, for themselves, their heirs and personal representatives or successors, does covenant and agree that they shall and will WARRANT AND FOREVER DEEDthe bove- bargained premises in the quiet and peaceable possession Grantee, its heirs and assigns, against all and every person or persons claiming the whole or any part thereof. Signed this' day of March, 2006. KA w /1 Jrc enneth Chambers P tricia Ch STATE OF COLORADO ) ss. COUNTY OF'jk 1;4K-- ) ci,),ens /„.7-11„ Q,,.� The foregoing instrumentwasacknoH �edgedabefore e me this -i•"' day of March, 2006, by A CHAMBERS. WITNESS my hand and official seal. My commission expires: Notary Public DENNA.ROOF NOTARY PUBLIC STATE OF COLORADO My Commission Fires 09/27/2009 . ,.. \a"'. () L k< => Carco.CS3vic . ?4 k7o,a 31a0A L-,rco d "S& Ccs cf15tr3 0 H CJ O APR. 5.2006 9:09AM UNITED COMPANIES 1111111111111111111 III 1111111 III 111111 111 11111 1111 III 693939 03/13/2006 03 25P 81779 P606 M ALSDORF 2 of 2 R 11.00 D 0.00 GRRFIELD COUNTY CO EXHIBIT "A" NO.750 P. 8 A parcel of land contained in the SU of the NE3, Lot 1, Lot 2 and Colorado River Meander Land, lying southeasterly of the Denver and Rio Grande Western Railroad and northerly of the northerly line described on Reception No. 270744 in the Garfield County Records, all in Section 11, Township 6 South, Range 93 West of the 6th P.M., described as follows: Beginning at the East :4 corner of said Section 11; thence S 00°05'56" E 1722=32 feet along. said Section line;_thence N 87009'00" W 441.82 feet; thence N 56055'00" W 300.00 feet; thence S 47°45'00" W 300.00 feet; thence S 79°00'00" W 142.04 feet to the East boundary of that land described in Book 704 at Page 435; thence along said East boundary North 906.44 feet; thence East 365.44 feet; thence N 04°54'41" E 382.00 feet; thence N 79°39'38" W 245.70 feet; thence along a line 30 feet East of and parallel to the East boundary of that land described in Book 689 at Page 484, N 16°41'29" E 256.93 feet and N 12°38'00" W 53.20 feet to the southeasterly right-of-way line of said railroad; thence along said right-of-way line, N 63°11'41" E 931.06 feet to the East line of said Section 11; thence along said East line, S 00°18'46" E 283.63 feet to the point of beginning, containing 36.32 acres, more or less; County of Garfield, State of Colorado. • APR. 5.2006 9:10AM UNITED COMPANIES t 1111111 IIIII 11 11111 111 1111111 1111 111111III 1111111111111 693938 03/13/2006 03.24P B1779 P604 M ALSDORF 1 of 1 R 6.00 D 100.00 GARFIELD COUNTY CO Recorded at o'clock M. Reception No. Recorder. WARRANTY DEED THIS DEED, made this 9th day of March, 2006 Between KENNETH CHAMBERS AND PATRICIA CHAMBERS of the * County of Garfield, and State of CO, grantor, and OLDCASTLE SW GROUP, INC., A COLORADO CORPORATION whose legal addreasis : P.O_ Box 3609,F,tand3 nekierk-41502— of the County of Mesa and State of Co, grantee: NO. /50 P. 9 WITNESSETH, That the grantor for and in consideration of the sum of SI ,000,000.00 DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: A parcel of and contained in the SE1/4 of the NE1/4, Lot 1, Lot 2 and Colorado River Meander Land, lying Southeasterly of the Denver and Rio Grande Western Railroad and Northerly of the Northerly line described on Reception No. 270744 in the Garfield County Records, all in Section 11, Township 6 South, Range 93 West of the 6th P.M., in Garfield County, Colorado, described as follows: Beginning at the East 1/4 Corner of said Section 11, thence South 00°05'56" East 1722.32 feet along said Section Line; thence North 87°09'00" West 441.82 feet; thence North 56055'00" West 300.00 feet; thence South 47°45'00" West 300.00 feet; thence South 79°00'00" West 142.04 feet to the East boundary of that land described in Book 704 at Page 435; thence along said East boundary North 906.44 feet; thence East 365.44 feet; thence North 04°54'41" East 382.00 feet; thence North 79°39'38" West 245.70 feet; thence along a line 30 feet East of and parallel to the East boundary of that land described in Book 689 at Page 484, North 16°41'29" East 256.93 feet and North 12°38'00" West 53.20 feet to the Southeasterly right of way line of said Railroad; thence along said right of way line North 63°11'41" East 931.06 feet to the East line of said Section 11; thence along said East line South 00°18'46" East 283.63 feet to the POINT OF BEGINNING. Grantor hereby reserves full mineral rights to the property. as lmown by street and number as: 28588 Highway 6 & 24 Rifle CO TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity, ol, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the Grantor, for himself, his heirs, and personal representatives, docs covenant, grant, bargain, and agree to and with the Grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes and assessments for the year 2006 and subsequent years and all those specific exceptions described by reference to recorded documents as reflected in Commonwealth Title Company's Commitment No. 0504066 The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. IN WITNE S REOIt the grantor has executed this decd on the date set forth above. Kenneth Chambers STATE OF COLORADO COUNTY OF GARFIELD ss. The foregoing instrument was acknowledgedbefore me on March 9, 2006, by Kenneth Chambers and Pa>riciTrItambers. My commission expires: DENNA ROOF NOTARY PUBLIC STATE OF COLORADO Comnnomvealth File No. 050406i ��y 09/2712008 Reim to: Oldocule SW Onwp, Ing., a Wpm& Cotpwadon PCO. Box 3609 QuMe]unction Co Sitot 127 Bast 5th Street Rifle, CO 81650 " 5� otfl 7)91 • Greg Lewicki And Associates 11541 Warrington Court Phone: (303) 346-5196 Fax (303)-346-6934 Parker, CO USA 80138 E -Mail: lewicki7@comcast.net March 2, 2006 Mark Bean Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 RE: Glen's Pit Alternative Access Dear Mr. Bean: During the CDOT and Railroad access design and permitting process for the proposed access, we became concerned about the site distance and safety h�s accessf the railroad would crossing. tay withins land which a result, we would like to include an alternate access for the is owned or leased by United Companies and would be exclusively located bable to usen actithe veeDivision of Minerals and Geology permits. Car and truck traffic wouldting access at the Chambers Pit. An added benefit of this alternate access is that there will be no net traffic impact since the access is currently in use for gravel production. The Chambers Pit is nearly mined out. As soon as Glen's Pit begins production, it is expected that thmining operations will be complete at the Chambers Pit and Glen's e 18 ills of l solely supplyp and thethe aterial that is shipped out of the alternate access. I have incop additional agent letters for the Chambers it surface and mineral rights owners. If you have any further questions please call me at (720)842-5321. Cc: Brent Kerr, Bill Bailey, United Companies Sincerely, Ben Miller Greg Lewicki and Associates PLLC [INT@ COMPANIES P.O. Box 3609 2273 River Road Grand Junction, CO 81502 (970) 243-4900 Fax: (970) 243-5945 February 17, 2006 P.O. Box 1909 21830 Hwy. 550 South Montrose, CO 81402 (970) 249-1815 FAX: (970) 240-8497 P.O. Box 103 931 East Highway 92 Delta, CO 81416 (970) 874-9759 Fax: (970) 874-8326 P.O. Box 1556 27858 Hwy 6&24 Rifle, CO 81650 (970) 625-3738 FAX: (970) 625-5605 Gentlemen, United Companies uses Greg Lewicki and Associates, 11541W United Companies Court, Parker, CO. 80138, as a consultant on mining and permitting authorizes Greg Lewicki and Associates to act as our agents on mining and permitting issues. Sincerely, Brent W. Kerr Resource Manager • • • Greg Lewicki And Associates 11541 Warrington Court Phone: (303) 346-5196 Fax (303)-316-6931 Parker, CO USA 80138 E -Mail: lewicki7@comcast.net RECEI\ Ennuary 6, 2006 JAN 0 9 2006 GARI: , L Lb Go : v TY ILDING & PI INNING Mark Bean Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 RE: Special Use Permit for Gravel Pit known as Glen's Dear Mr. Bean: This letter is in response to your technical complianceincluded documents are replacement page using s the same numbering as presented in you letter. The and Maps representing the changes requested in your letter. 1. The Schedule of Operations subsection of Exhlbti D has been updated to reflect the ion has been updated and a copy of the predicted days of operation. Also the traffic CDOT access permit application and associated traffic study (as a PDF) has been included. 2. An approved Gravel Well Permit and Substitute Water Supply Plan exifrom g water rg t have been included. The water used at this site is being supplied by 3. All existing structures are shown on Map C-1, thiswhich reflects pre -mine operation1OA1 No new permanent structures will be built on site as part of the mining plants and associated facilities will be portable and their locations will vary based on operational efficiencies. The remaining structures shown on Map F-1 reflect the structures to be left after mining is complete.V has 4. An additional copy of the County Assessor's h arailroad.has en include. Properties to he of been updated to reflect the addition of CDOT and t Highway 6 are more than 200' from the property boundary. 5. Because this site lies below the surrounding be left were possible to prop iewshed it is exempt from the de natuneed �al r visual screening. However, mature trees will visual screening. Additionally, most surrounding properties other than CDOT and the railroad have existing or previous gravel pits locatedon them. e neighborhood. Therefore character.conversionof the land to gravel extraction more accurately matches 6. All application files including text and mapnts wets haveland nd species around the perimeen included as PDF formt lter of a 7. As standard practice United Companies p pond to provide high quality wetland vegetation for environmental and visual purposes. No wetlands were located during a wetland survey. disturbanceTherefore will leaveghe s te. Thisred. 8. The CDMG requires geotechnical proof that n proof is supplied by only allowing slopes which are milder than the angle of repose of the material to approach the permit and property boundary. In layman's terms this means that no excavation may approach the property boundary with a slope steeper than the angle that the material would settle to in the event of a failure. This operational technique dictates that in the event of a slope failure, the failure will not leave the site. • • If you have any further questions or request please do not hesitate to call me at (720) 842-5321. Cc: Brent Kerr, Bill Bailey, United Companies Sincerely, Ben Miller Greg Lewicki and Associates PLLC STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 Notice of 112 Construction Materials COLORADO DIVtIsil A LSIOlN O M I S GEOLOGY R EC LA M ATIO N• MI NI NG SAFETY•SCIENCE Bill Owens Govemor Reclamation Permit Application Consideration Russell George Executive Director Ronald W. Cattany Division Director Natural Resource Trustee DATE: December 21, 2005 TO: Garfield County Planning Department Planning Director 108 8th St Ste 201 Glenwood Springs, CO 81601-3355 FROM: G. Russell Means, Environmental Protection Specialist L1' RE: Oldcastle SW Group, Inc. dba United Companies of Mesa County, Glen's Pit, File No. M-2005-075 Please be advised that on December 21, 2005, Oldcastle SW Group, Inc. dba United Companies of Mesa County, whose address and telephone number are 2273 River Rd., Grand Junction, CO 81502; (970) 243-4900, filed an application to conduct Surface extraction of construction materials and reclamation, at or near Section 11, Township 6S, Range 93W, 6th Prime Meridian, in Garfield County. Please be advised that the permit area may be located in more than one Section, Township, and Range. The application decision is scheduled for March 21, 2006. A copy of the application is available for review at the Garfield County Clerk & Recorder's office and at the office of the Division of Minerals and Geology, Room 215, 1313 Sherman Street, Denver, Colorado 80203. If you desire to make comments or objections, they must be submitted within twenty (20) days of the date of the last newspaper public notice to be considered in the application review process by the Division. You should contact the applicant for the newspaper publication date. If we do not receive your comments or any objection by the end of the public comment period, the Office will assume you have no objection or comment to the proposed activity. Office of Office of Colorado Active and Inactive Mines Geological Survey Mined Land Reclamation M ❑ rl Kimley-Horn and Associates, Inc. December 12, 2005 CDOT Region 3 — Traffic and Safety 222 South 6`h Street, Room 100 Grand Junction, Colorado 81501 Attn: Daniel Roussin Re: Glen's Gravel Pit Auxiliary Tum Lane Assessment Access Road along SH -6 between Rifle and Silt, Colorado Dear Mr. Roussin: This letter presents the results of a Level Two Traffic Engineering Evaluation for an auxiliary turn lane assessment for the proposed Glen's Gravel Pit. The project is to be located along the south side of SH -6 east of County Road 210 (CR 210) between Rifle and Silt. SH -6 access to the proposed project is anticipated to be from an existing gravel road. The General Area Map and Figure 1 attached identify the project location. According to the State of Colorado State Highway Access Category Assignment Schedule, SH -6 is a category R -A roadway east of CR 210 to First Street in Silt, Colorado. SH -6 has a posted speed limit of 55 miles per hour through the study intersection. The existing gravel road approach to SH -6 operates with stop control. The existing intersection laneage and control is shown in attached Figure 2. Site -generated traffic estimates are determined through a process known as trip generation. For this study, Kimley-Horn used information provided by the client to determine the number of vehicles anticipated to enter and exit the site during the AM and PM peak hours, as well as the number of vehicles anticipated to access the site per day. The following table identifies the anticipated trip generation for the project. ■ TEL 303 228 2300 FAX 303 446 8678 ■ Suite 1050 950 Seventeenth Street Denver, Cobrado 80202 09 Kimley-Horn and Associates, Inc. Mr. Daniel Roussin, December 12, 2005, Page 2 Glen's Gravel Pit Traffic Generation Distribution of site generated traffic on the street system was based on anticipated travel patterns to and from the site provided by the client. The directional distribution of traffic is a means to quantify the percentage of site -generated traffic that approaches the site from a given direction and departs the site in the same direction. Figure 3 illustrates the expected project trip distribution for the site. Traffic assignment was obtained by applying the distributions to the estimated traffic generation of the development. Traffic assignment is shown in Figure 4. According to the State Highway Access Code, a left turn deceleration lane with taper and storage length is required for any access with a projected peak hour left ingress turning volume greater than 10 vph with the taper length included within the required deceleration length. According to the State Highway Access Code, a right tum deceleration lane and taper length is required for any access with a projected peak hour right turning volume greater than 25 vph with the taper length included within the required deceleration length. Based on warrants, right and left tum deceleration lanes are not required at the proposed access road intersection along SH -6. The intersection of SH -6 and the proposed access road location is in close proximity to existing railroad tracks. Based upon information provided by United Companies, we believe that there is sufficient distance (approximately 95 feet) for a single truck to queue between the existing railroad tracks and the eastbound through lane of the highway. Based upon the length of the trucks (approximately 62 feet), it is anticipated that they would not extend into the through travel lane. The Manual on Uniform Traffic Control Devices (MUTCD) recommends that Storage Space Warning Signs be installed since the distance from the edge of the track to the edge of the parallel roadway is less than 100 feet. Due to the highway and railroad tracks being separated by less than 100 feet, the MUTCD states that "Highway -Rail Grade Crossing Advance Warning" (W10-11) signs shall be installed on each approach of the parallel highway to warn road users making a turn that they will encounter a highway -rail grade crossing soon after making a turn. These signs should exist today due to this being the existing condition. It is recommended that these signs be verified for their existence. Otherwise, new "Highway -Rail Grade Crossing Advance Warning" signs should be placed in accordance with the guidelines of Intersection Warning signs in Table 2C-4 of the MUTCD. The placement and identification of these additional signs due to the Vehicles Trips Daily AM Peak Hour PM Peak Hour In Out Total In Out Total Glen's Gravel Pit 400 13 12 25 12 13 25 Distribution of site generated traffic on the street system was based on anticipated travel patterns to and from the site provided by the client. The directional distribution of traffic is a means to quantify the percentage of site -generated traffic that approaches the site from a given direction and departs the site in the same direction. Figure 3 illustrates the expected project trip distribution for the site. Traffic assignment was obtained by applying the distributions to the estimated traffic generation of the development. Traffic assignment is shown in Figure 4. According to the State Highway Access Code, a left turn deceleration lane with taper and storage length is required for any access with a projected peak hour left ingress turning volume greater than 10 vph with the taper length included within the required deceleration length. According to the State Highway Access Code, a right tum deceleration lane and taper length is required for any access with a projected peak hour right turning volume greater than 25 vph with the taper length included within the required deceleration length. Based on warrants, right and left tum deceleration lanes are not required at the proposed access road intersection along SH -6. The intersection of SH -6 and the proposed access road location is in close proximity to existing railroad tracks. Based upon information provided by United Companies, we believe that there is sufficient distance (approximately 95 feet) for a single truck to queue between the existing railroad tracks and the eastbound through lane of the highway. Based upon the length of the trucks (approximately 62 feet), it is anticipated that they would not extend into the through travel lane. The Manual on Uniform Traffic Control Devices (MUTCD) recommends that Storage Space Warning Signs be installed since the distance from the edge of the track to the edge of the parallel roadway is less than 100 feet. Due to the highway and railroad tracks being separated by less than 100 feet, the MUTCD states that "Highway -Rail Grade Crossing Advance Warning" (W10-11) signs shall be installed on each approach of the parallel highway to warn road users making a turn that they will encounter a highway -rail grade crossing soon after making a turn. These signs should exist today due to this being the existing condition. It is recommended that these signs be verified for their existence. Otherwise, new "Highway -Rail Grade Crossing Advance Warning" signs should be placed in accordance with the guidelines of Intersection Warning signs in Table 2C-4 of the MUTCD. The placement and identification of these additional signs due to the ❑ EN F1 Kimley-Horn and Associates, Inc. Mr. Daniel Roussin, December 12, 2005, Page 3 close highway and railroad proximity are clarification. If you have any questions relating to this 2304. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. shown in Figure 5 to provide further analysis, please call me at (303) 228- ,4„ Y ,,,,,, Curtis D. Rowe, P.E., PTOE Associate Attachments COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS PERMIT APPLICATION Issuing authority application acceptance date: Instructions: - Contact the Colorado Department of Transportation (CDOT) or your local government to determine your issuing authority. - Contact the issuing authority to determine what plans and other documents are required to be submitted with your application. - Complete this form (some questions may not apply to you) and attach all necessary documents and Submit it to the issuing authority. Please print - Submit an application for each access affected. or type - If you have any questions contact the issuing authority. For information see CDOT's Access Management website at http://www,dot.state.co.us/AccessPermits/index.htm - additional 1) Property owner (Permittee) Rivers Edge, LLC - Bill Bailey 2) Agent for permittee (if different from property owner) United Companies - Brent Kerr Street address Mailing address P.O. Box 1556 2273 River Road/P.O. Box 3609 City, state & zip Rifle, CO 81650 Phone# City, state & zip Phone#(required) (970) 243-4900 (970) 625-3738 Grand Junction, CO 81502 E-mail E-mail address if available address brent.kerr@united-gj.com 3) Address of property to be served by permit (required) 4) Legal description of property: If within jurisdictional limits of Municipality, city and/or County, which one? county yld N/Asision block lot section township range 1 I 111 16S 1 93W 5) What State Highway are you requesting access from? SH -6 6) What side of the hi hway? �N XX S E W 7) How many feet is the 3,168 feet proposed U N • access S ©E from the nearest mile post? ❑W) from: 94 How many feet is the proposed 5,417 feet ON • access S ©E from the nearest cross street? M W) from: CO RD 210 8) What is the approximate date you intend to begin construction? 2006 9 Check here if you are requesting a: new access temporary access (duration anticipated: ) improvement to existing access 1 change in access use removal of access elocation of an existing access (provide detail) 0) Provide existing property use Vacant land Do have knowledge of any State Highway access serving this property, or adjacent properties in which you have a property interest? 11) you X permits no yes, if yes - what are the permit number(s) and provide copies: and/or, permit date: 12) Does the owner own or have any interests in any adjacent property? propert no yes, if yes please describe: Please see attachments. 13) Are there X other existing or dedicated public streets, roads, highways or access easements bordering or within the property? no yes, if yes - list them on your plans and indicate the proposed and existing access points. 14) If you are requesting agricultural field access - how many acres will the access serve? 15) If you are requesting commercial or industrial access please indicate the types and number of businesses and provide the floor area square footage of each. business/land use square footage business square footage Gravel Extraction 1 16) If you are requesting residential developement access, what is the type (single family, apartment, townhouse) and number of units? type number of units type number of units I I I I 17) Provide the following vehicle count estimates for vehicles that will use the access. Leaving the property then returning is two counts. 5 of cars and light trucks at peak hour volumes # of multi unit trucks at peak hour volumes .irate if your counts are daily passenger 6 7 4•eak hour volumes or average volumes. • of single unit vehicles in excess of 30 ft. # of farm vehicles (field equipment) Total count of all vehicles 12 0 25 Previous editions are obsolete and may not be used age 1 of 1 GUV I I-orm 18) Check with the issuing authority to determine which of the following documents are required to complete the review of your application. a) Property map indicating other access, bordering roads and streets. e) Subdivision, zoning, or development plan. b) Highway and driveway plan profile. f) Proposed access design. c) Drainage plan showing impact to the highway right-of-way. g) Parcel and ownership maps including easements. d) Map and letters detailing utility locations before and after h) Traffic studies. development in and along the right-of-way. i) Proof of ownership. 1- It is the applicant's responsibility to contact appropriate to their activities. Such clearances may include Corps of permits, or ecological, archeological, historical or cultural Information Summary presents contact information for agencies prohibited discharges, and may be obtained from Regional CDOT Planning/Construction-Environmental-Guidance webpage 2- All workers within the State Highway right of way shall procedures, and all applicable U.S. Occupational Safety and limited to the applicable sections of 29 CFR Part 1910 - Occupational - Safety and Health Regulations for Construction. Personal protective equipment (e.g. head protection, footwear, respirators, gloves, etc.) shall be worn as appropriate for minimum, all workers in the State Highway right of way, except protective equipment: High visibility apparel as specified in accompanying the Notice to Proceed related to this permit protection that complies with the ANSI Z89.1-1997 standard; injury to feet, workers shall comply with OSHA's PPE requirements and 1926.96. If required, such footwear shall meet the requirements Where any of the above -referenced ANSI standards have apply. 3- The Permittee is responsible for complying with the Revised under the American Disabilities Act (ADA). These guidelines use of a defined pattern of truncated domes as detectable can be found on the Design and Construction Project Support <http://www.dot.state.co.us/DesignSupport/>, then click agencies and obtain all environmental clearances that apply Engineers 404 Permits or Colorado Discharge Permit System resource clearances. The CDOT Environmental Clearances administering certain clearances, information about CDOT Utility/Special Use Permit offices or accessed via the http://www.dot.state.co.us/environmental/Forms.asp. comply with their employer's safety and health policies/ Health Administration (OSHA) regulations - including, but not Safety and Health Standards and 29 CFR Part 1926 high visibility apparel, safety glasses, hearing protection, the work being performed, and as specified in regulation. At a when in their vehicles, shall wear the following personal the Traffic Control provisions of the documentation (at a minimum, ANSI/ISEA 107-1999, class 2); head and at all construction sites or whenever there is danger of for foot protection per 29 CFR 1910.136, 1926.95, of ANSI Z41-1999. been revised, the most recent version of the standard shall Guidelines that have been adopted by the Access Board define traversable slope requirements and prescribe the warnings at street crossings. The new Standards Plans and web page at: on Design Bulletins. If an access permit is issued to you, it will state the terms and conditions for its use. Any changes in the use of the permitted access not consistent with the terms and conditions listed on the permit may be considered a violation of the permit. The applicant declares under penalty of perjury in the second degree, and any other applicable state or federal laws, that all information provided on this form and submitted attachments are to the best of their knowledge true and complete. I understand receipt of an access permit does not constitute permission to start access construction work. Applicant's signature Print name Date If the applicant is not the owner of the property, we require this application also to be signed by the property owner or their legally authorized representative (or other acceptable written evidence). This signature shall constitute agreement with this application by all owners -of -interest unless stated in writing. If a permit is issued, the property owner, in most cases, will be listed as the permittee. Property owner signature Print name Date Previous editions are obsolete and may not be used Page 2 of 2 CDOT Form #137 12/04 • 1 SEF 9, 2005 3:55N VI,.,.'.TEU CO AN1EPeo, LLC Grand River Ditch Company 1615 Main street Silt, Colorado 81652 United Companies of Mesa Courcy P, 0, Box 3609 Grand Junction, Colorado 81502 'NJ, 751} September 8, 2005 Tc Whom It May Concern; Ken Chambers and Flint Chambers together own 4.5 shares of the Grand River Ditch Company, The Grand River Ditch Company has a total of 270 shares. It is my understanding that bath Ken and Film will be transferring their 4.5 shares to United Companies at this sale of their properties. The ditch 'company has no problem with the transfer. When and if the water will be needed for augmentation, then an augmentation plan must be submitted to the board of directors and reviewed by our attorney. If there are attorney's fees, they will be the responsibility of the United Companies, Sincerely, Ne11a D. Barker Secretary Ken Chambers P. 0. Box 1092 Rifle, CO. 81650 I, Kenneth Chambers, do authorize the use of my water rights from the Grand River Ditch Company for the Substitute Water Supply Plan and Augmentation Plan for Glen's Pit by Oldcastle SW Group, Inc. dba United Companies of Mesa County. /, fr4e Kenneth Chambers Date • • • • • Accounting Sheet for Glen's Pit Rifle, CO Oldcastle SW Group, Inc. dba United Companies of Mesa County Fill in Gray Cells Year By January 15, submit to: Division of Water Resources P.O. Box 396 Glenwood Springs, CO 81602 Total Annual Depletions Total Tonnage Mined Total Tonnage Mined Below Water table 1 4% of material mined below water table 2 Estimated at 3,000 gallons per day 3 Estimated at 500 gallons per day 4 Estimated at 500 gallons per day 5 Estimated at 3,000 gallons per day 6 Conversion from gallons to acre-feet 0.000 Acre-feet 0 Tons 0 Tons Tonnage Mined Road Watering Gravel Washing Asphalt Operations Concrete Operations Water Diverted Tons Days Days Days Days Gallons January Acre-feet January 0.000 0.000 0.000 0.000 February 0.000 0.000 February 0.000 0.000 0.000 March 0.000 0.000 0.000 March 0.000 0.000 April 0.000 0.000 0.000 0.000 April 0.000 May 0.000 0.000 0.000 0.000 0.000 May June 0.000 0.000 0.000 0.000 0.000 0.000 July 0.000 0.000 0.000 0.000 0.000 0.000 August July 0.000 0.000 0.000 0.000 0.000 September 0.000 August 0.000 0.000 0.000 0.000 October 0.000 0.000 September 0.000 0.000 0.000 November 0.000 0.000 0.000 October 0.000 0.000 December 0.000 0.000 0.000 0.000 November 0.000 Total Annual Depletions Total Tonnage Mined Total Tonnage Mined Below Water table 1 4% of material mined below water table 2 Estimated at 3,000 gallons per day 3 Estimated at 500 gallons per day 4 Estimated at 500 gallons per day 5 Estimated at 3,000 gallons per day 6 Conversion from gallons to acre-feet 0.000 Acre-feet 0 Tons 0 Tons Moisture Loss' Road Watering2 Gravel Washing3 Asphalt Operations4 Concrete Operations Water Diverted Total Depletions Acre-feet Acre-feet Acre-feet Acre-feet Acre-feet Acre-feet Acre-feet January 0.000 0.000 0.000 0.000 0.000 0.000 0.000 February 0.000 0.000 0.000 0.000 0.000 0.000 0.000 March 0.000 0.000 0.000 0.000 0.000 0.000 0.000 April 0.000 0.000 0.000 0.000 0.000 0.000 0.000 May 0.000 0.000 0.000 0.000 0.000 0.000 0.000 June 0.000 0.000 0.000 0.000 0.000 0.000 0.000 July 0.000 0.000 0.000 0.000 0.000 0.000 0.000 August 0.000 0.000 0.000 0.000 0.000 0.000 0.000 September 0.000 0.000 0.000 0.000 0.000 0.000 0.000 October 0.000 0.000 0.000 0.000 0.000 0.000 0.000 November 0.000 0.000 0.000 0.000 0.000 0.000 0.000 December 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total I 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Annual Depletions Total Tonnage Mined Total Tonnage Mined Below Water table 1 4% of material mined below water table 2 Estimated at 3,000 gallons per day 3 Estimated at 500 gallons per day 4 Estimated at 500 gallons per day 5 Estimated at 3,000 gallons per day 6 Conversion from gallons to acre-feet 0.000 Acre-feet 0 Tons 0 Tons • Flint Chambers P. O. Box 1092 Rifle, CO. 81650 I, Flint Chambers, do authorize the use of my water rights from the Grand River Ditch Company for the Substitute Water Supply Plan and Augmentation Plan for Glen's Pit by Oldcastle SW Group, Inc. dba United Companies of Mesa County. Flint Chambers Date • Form No. GWS -27 6/2003 COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 Sherman St., Rm 818, Denver, Colorado 80203 Phone: (303) 866-3581 For Office Use only ikREVIEW INSTRUCTIONS PRIOR TO COMPLETING FORM RAVEL PIT WELL PERMIT APPLICATION 1. TYPEPE�OF PERMIT Pi< NEW PIT(S) ❑ PIT(S) EXIST, CONSTRUCTED AFTER DEC. 31, 1980 2. APPLICANT INFORMATION NAME(S) Oldcastle SW Group, Inc. dba United Companies Mailing Address 2273 River Road PO Box 3609 City, St. Zip Grand Junction, Colorado 81502 Phone ( 970 ) 243-4900 3. CONSULTANT/ATTORNEY/OPERATOR CONTACT (If different than #2) PIT NAME Glen's Pit NAME(S) Greg Lewicki and Associates DMG NO. Unknown Mailing Address 11541 Warrington Court City, St. Zip Parker, Colorado 80138 Phone ( 303 ) 346-5196 4. GENERAL LOCATION OF PIT(S): COUNTY Garfield SE 1/4 NE 1/4, Sec. 11 Twp. 6 ❑ N X S , Range 93 ❑ E X W. 6th P.M. 5. Estimated maximum water surface to be exposed: 17.52 Acres. Number of Pits 1 . Estimated depth of pit(s) 25 Ft. Estimated depth to groundwater 10-12 Ft. Estimated date to expose groundwater March 2006 ; to complete mining 2009 8. ATTACHMENTS: (Check which have been attached.) (a) (b) (c) (d) (e) R ❑n I X ❑ Scaled map of pit area with range, township, & section clearly identified (REQUIRED). Copy of the reclamation permit, if applicable. 1 Copy of pre 1/15/89 water conservancy dist. or water user assoc. augmentation agreement, if applicable. Copy of proposed substitute water plan or augmentation plan application, if applicable. Copy of court approved augmentation plan, if applicable. Case No. (f) ❑ Other 9. Detailed description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond. See SWSP Plan 10. I (we) have read the statements made herein and know the contents thereof, and that they are true to my (our) knowledge. [Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury in the second degree and is punishable as a class 1 misdemeanor.] Name/Title (Please type or print) Signature Date For Office Use only III Court Case No. Div. Co. WD Basin MD Use • • • Jun Cl 04 03:02p Bill Bailed Legal Right -to -Enter B70-625-5605 P.3 Colorado Rivers Edge. LLC, owns a certain parcel of real property in the County of Garfield and State of Colorado. The properly was acquired by Warranty Deed dated March 16, 1998 from Yvonne D. Chambers and is recorded in book 1058 at page 8 in the real property records of Garfield County. Colorado Rivers Edge, LLC hereby grants to Old Castle SW Group, dba United Companies of Mesa County, the right -to -enter the subject property for the purposes of surveying, exploring, drilling, mining by any method. washing, crushing, processing, extracting, storing, shipping, removing and marketing therefrom any or all of the sand, gravel and construction materials and any other activities reasonably incident thereto. Old Castle SW Group, dba United Companies of Mesa County, is further granted the right to enter into and to immediately exercise dominant possession and control of the subject property, including the use of the water rights associated with the property, for a period of 20 years from the date of this agreement. Colorado Rivers Edge, LLC State of Colorado ) )SS. County of Garfield ) Sr The foregoing instrument was acknowledged before me this I — day alone, 2004. by Bill B. Bailey as member manager of Colorado Rivers Edge, LLC. a Colorado limited liability company, on behalf of the LLC. Witness my hand and sial seal. 4/00 s (0, 1'4. : %V Notary Public 3 I My commission expires: '►4,,, ,6C„O-r,,"�! Jun 01 04 03:03p Bill Bailey • • • Legal Right -to -Enter 870-625-5605 p•4 Rocks R Us, T.T.C, owns a certain parcel of real property in the County of Garfield and State of Colorado. The property was acquired by Special Warranty Deed dated April 20, 1998 from Olivia A. Fawcet and is recorded in book 976 at page 548 in the real property records of Garfield County. Rocks R Us, LLC hereby grants to Old Castle SW Group. dba United Companies of Mesa County, the right -to -enter the subject property for the purposes of surveying, exploring, drilling, mining by any method, washing, crushing, processing, extracting, storing, shipping, removing and marketing therefrom any or all of the sand, gravel and construction materials and any other activities reasonably incident thereto. Old Castle SW Group, dba United Companies of Mesa County, is further granted the right to enter into and to immediately exercise dominant possession and control of the subject property, including the use of the water rights associated with the property, for a period of 20 years frorn the date of this agreement. Rocks R Us, LLC 7 % Olivia A. Fawce t, N ember -Manager State of Colorado ) )SS. County of Garfield ) The foregoing instrument was acknowledged before me this I si day of June, 2004, by Olivia A. Fawcett as member manager of Rocks R Us, LLC, a Colorado limited liability company, on behalf of the LLC. Witness my hand mo od .ofi'ciaLl seal. al. N isi.„4(....... :1 My commission expir ,:4 CC1.64' fh» C,orrimisnicm Expltes dune 115, OW Notary 1]'�blic FROM : www. Ne 1 1 aGreg. com May 31, 2006 FAX NO. :970 625 9627 May. 31 2006 01:26PM P2 Lee and Darlene Estes 29979 Highway 6 Rifle, CO 81650 Garfield County Commissioners Tresi Houpt John Martin Larry McCown Dear Commissioners, RECEIVED MAY 3 1 2006 BUILDING & PLANNING We have some concerns about the developments happening in our valley between Rifle and Silt, especially where we live between Rifle and Antlers. I don't have to tell you what they are, as I'm sure you're aware of them also. The first concern is the approval by the P & Z of the Special Use Permit, "With Conditions', added. I called Mark Bean to find out what the conditions were, and he wasn't sure. He did tell me it had to do with United's asphalt operation. We feel you should not give your approval until everything and everyone knows exactly what the permittee will be allowed to do. Don't you feel like P & Z gave their approval too hastily? Another problem we have with P & Z is allowing Shawn Marten to have a vote in matters concerning gravel pits. Not only did he vote, he also seconded the motion for approval. As we all know, Shawn's father, John, has been a partner with Dick Stephenson for years, Shawn grew up working for them and has done many favors for Dick, as I have also, but I'm not sitting on the P & Z Commission where one vote could possibly mean millions of dollars. As you may or may notknow, the Northbank Holdings Co., LLC, is owned by Scott Baleomb, Dick Stephenson, John Martin, and I'm not sure who else, but it doesn't matter. They have leased that property to Lafarge to do the mining and crushing. The special use permit will be applied for by Lafarge also. I'm sure Lafarge will be filing an application for a permit to mine in the very near future because they already have a permit from the CO State Division of Minerals & Geology of which I have a copy. Shawn Martin should not be able to sit on the Garfield County P & Z for any application concerning permits to mine gravel, especially any of Scott Balcomb's LLC companies. The attorney I spoke with regarding Shawn sitting on the commission advised me to ask Mark Bean and the Commissioners to simply talk to Shawn and ask him if he or any family members could have any financial gain by him sitting on the P & Z Commission. FROM : www. Ne 1 1 aGreg. com • FAX NO. :970 625 9627 May. 31 2006 01:27PM P3 Page two May 31, 2006 Letter to Garfield County Commissioners Our next concern is Scott Balcomb and Dick Stephenson have never revealed their complete and long-range plan to the public. it's time they do this as they are the big players in this high-stakes permitting process. Then maybe the three of you as commissioners and Mark Bean as planner could consider Alan Lambert's and Jennifer Firmin's suggestion made at last Wednesday's P & Z hearing to form a roundtable discussion group, such as that formed into the Community Development Plan to work with Antero. That group is already in place, and I'm sure it would help to ease people's anxiousness about what else can happen next. It's working well for Antero, and I'm sure it would work in this situation also, Please consider putting a moratorium on any new permits at this time. We feel this situation should be resolved by more than two commissioners' votes. I'm sure that no one from the P & Z office, or any member of the P & Z commission, or any of the county commissioners, has taken the time to check the noise level that a drilling rig, or a gravel crusher or other large equipment, creates. We didn't realize how much noise was created until Antero started drilling the Northbank property adjacent to Highway 6 and next to our properties. About 10 days ago they moved in to the eastern pad on Northbank's property, and started drilling the first hole of possibly a total of eight. After r dark and through the night the noise magnifies to the point of just about being unbearable making it impossible to sleep. Another impact we will have in the near future will be the pipeline from the Mamm Creek interchange on 1-70 across the river bottom, under the river and to the wells along the railroad tracks. Also, don't forget about all the additional truck traffic on Highway 6. When they move a rig, they don't quit at dark. It goes on until the rig is up and running. The same applies when they move in to frac the wells. An additional impact to us is the increased rail traffic, We estimate within the past 3 years that the rail traffic has increased about 300%. With all the increased vehicle traffic at the four crossings, the trains use their horns a lot more at every crossing. This goes on 24/7, day and night, and we hear them at every crossing. The air traffic at the County Airport has also increased. Most of the big noisy jets will circle right over our properties before landing or take off. We hear all of them. In closing, let me go back to the approval of the permit by 1' & Z with that seemingly insignificant addendum, "Conditions to allow around the clock operation for special nighttime projects." Please hear us. We cannot bear anymore nighttime noise. Some days it's hard to tolerate. FROM :www. Ne 1 1 aGreg. com FAX NO. :970 625 9627 May. 31 2006 01:27PM P4 Page 3 May 31, 2006 Letter to Garfield County Commissioners Sincerely, alba '01..t2) Lee Estes Darlene Estes PS: 1 have permission :From my neighbors and landowners below to add their names to this letter: James and Joan Carnahan 29641 Highway 6 Rifle Robert and Jeannie Hofmeister 29416 highway 6 Dile 't -r. All three of us border the Glen's Pit and Northbank Holdings' property. • / 47' / ) / 27-f _ ,, ,..,,,, ,., , ..-...d,-;y ,;,-/ .,;."--4 ' ..,.....o.'e-----'<•' ....P.I.,..-24r<ij ''' STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) »ft, Acknowledged, subscribed and sworn to before me this 1 - day of 2006, by rd i A. re e..11 WITNESS my hand and official seal. My Commission Expires: 06/21/2009 f STATE OF COLORADO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT co ' AIR POLLUTION CONTROL DIVISION TELEPHONE: (303) 692-3150 CONSTRUCTION PERMIT PERMIT NO: DATE ISSUED: ISSUED TO: 02P00224 MARCH 19, 2004 OldcastIP e\N Group, Inc. FINAL APPROVAL THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Portable aggregate processing plant No. ten, home-based at 2273 River Road, Grand Junction, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: One (1) Pioneer, CS3042, 403414, crusher, design rated at 350 tons per hour, One (1) Kolberg, K400, 403418, cone crusher, design rated at 350 tons per hour, One (1) JCI, 8X20, 403416, screen, design rated at 350 tons per hour, One (1) Caterpillar, C12-370, diesel fired engine, One (1) Caterpillar, C-16-500, diesel fired engine, and One (1) Caterpillar, C-12, diesel fired engine. Particulate matter shall be controlled with water spray bars. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND CONTROL ACT C.R.S. (25-7-101 et seq), TO THOSE GENERAL TERMS AND CONDITIONS INCLUDED IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. Visible emissions from processing equipment and transfer points shall not exceed twenty percent (20%) opacity during normal operation of the source. During periods of startup, process modification, or adjustment of control equipment visible emissions shall not exceed 30% opacity for more than six minutes in any sixty consecutive minutes. Opacity shall be measured by EPA Method 9. (Reference: Regulation 1, Section II.A.1.& 4.) 2. The permit number shall be marked on the subject equipment for ease of identification. (Reference: Reg. 3, Part B, IV.E.) (State only enforceable) 3. Emissions of point -source air pollutants shall not exceed the following limitations (as calculated in the Division's preliminary analysis): (Reference: Regulation 3, Part B, III.A.4) Particulate Matter (TSP): 3.55 tons per year PM10 (Particulate Matter<10 microns): 2.47 tons per year Sulfur Dioxide: 7.40 tons per year Nitrogen Oxides: 46.90 tons per year Volatile Organic Compounds 1.20 tons per year Carbon Monoxide: 12.46 tons per year. 777/1918/001 - 006 ver. 2/00 • • Page 2 Colorado Department of Public Health and Environment Air Pollution Control Division Oldcastle SW Group, Inc. Permit No. 02P00224 FINAL APPROVAL 4. Fugitive emissions from crusher hopper loading are estimated based upon the production rate listed below. Particulate emissions shall not exceed the following limitations (as calculated in the Division's preliminary analysis): Fugitive Particulate Matter (TSP): 0.20 tons per year Fugitive PM10 (Particulate Matter<10 microns): 0.09 tons per year. 5. This source shall be limited to a maximum production rate as listed below and all other activities, operational rates and numbers of equipment as stated in the application. Compliance with the production rate listed below shall be demonstrated by maintaining annual records of the actual production rate, or by maintaining annual records of the actual hours of operation, and then multiplying the annual hours of operation by the design rate (in tons per hour) of the equipment. Annual records of either the actual production rate or actual hours of operation shall be maintained by the applicant and made available to the Division for inspection upon request. (Reference: Regulation 3, Part B, III.A.4) Aggregate processing shall not exceed 1,000,000 tons per year. 6. This source shall be limited to a maximum fuel use rate as listed below and all other activities, operational rates and numbers of equipment as stated in the application. Annual records of the actual consumption rate shall be maintained by the applicant and made available to the Division for inspection upon request. (Reference: Regulation 3, Part B,III.A.4) Consumption of diesel fuel shall not exceed 212,400 gallons per year. 7. Each time this equipment is moved to a new location within the State of Colorado the owner or operator shall file a Relocation Notice. Such notice shall be received by the Division at least ten (10) days prior to the change in location. The Relocation Notice shall include a facility emission inventory of all emission units at the site. (Reference: Regulation 3, Part A,II.C.1.f and Part B.IV.E.) 8. Spray bars shall be used if material moisture content is insufficient to control particulate emissions. 9. A revised Air Pollutant Emission Notice (APEN) shall be filed: (Reference: Reg.3, Part A,II.C) a. Annually whenever a significant increase in emissions occurs as follows: For any criteria pollutant: For sources emitting less than 100 tons per year, a change in actual emissions of five tons per year or more, above the level reported on the last APEN; or b. Whenever there is a change in the owner or operator of any facility, process, or activity; or c. Whenever new control equipment is installed, or whenever a different type of control equipment replaces an existing type of control equipment; or d. Whenever a permit limitation must be modified; or e. No later than 30 days before the existing APEN expires. 11. This source is subject to the New Source Performance Standards requirements of Regulation No. 6, Part A, Subpart 000, Standards of Performance for Nonmetallic Mineral Processing Plants, when used at a site with initial crushing capacity of greater than 150 tons per hour (portable sources) or 25 tons per hour (fixed sources) including, but not limited to, the following: 777/1918/001 - 006 ver. 2/00 • Page 3 Colorado Department of Public Health and Environment Air Pollution Control Division Oldcastle SW Group, Inc. Permit No. 02P00224 FINAL APPROVAL a. Visible emissions from crushers shall not exceed fifteen percent (15%) opacity. b. Visible emissions from screens and each transfer point shall not exceed ten percent (10%) opacity. In addition, the following requirements of Regulation No. 6, Part A, Subpart A, General Provisions, apply. a. At all times, including periods of start-up, shutdown, and malfunction, the facility and control equipment shall, to the extent practicable, be maintained and operated in a manner consistent with good air pollution control practices for minimizing emissions. Determination of whether or not acceptable operating and maintenance procedures are being used will be based on information available to the Division, which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source. (Reference: Regulation 6, Part A. General Provisions from 40CFR60.11) b. No article, machine, equipment or process shall be used to conceal an emission, which would otherwise constitute a violation of an applicable standard. Such concealment includes, but is not limited to, the use of gaseous diluents to achieve compliance with an opacity standard or with a standard which is based on the concentration of a pollutant in the gases discharged to the atmosphere. (§ 60.12) c. Records of startups, shutdowns, and malfunctions shall be maintained, as required under § 60.7. d. Compliance with opacity standards shall be demonstrated according to § 60.11. 12. When relocated, all of the equipment shall be moved as a unit only. Prior to moving pieces of equipment individually, a revised Air Pollutant Emission Notice (APEN) shall be filed and separate construction permits obtained for each piece of equipment to be moved separately. By: Sunday . Fadeyi Permit Engineer Initial Approval: Issued on August 29, 2002. By: i Roland C. Hea P.E. Unit Leader 777/19181001 - 006 ver. 2/00 • • Page 4 Colorado Department of Public Health and Environment Air Pollution Control Division Oldcastle SW Group, Inc. Permit No. 02P00224 FINAL APPROVAL Notes to permit holder: 1. The production or raw material processing limits and emission limits contained in this permit are based on the production/processing rates requested in the permit application. These limits may be revised upon request of the permittee providing there is no exceedance of any specific emission control regulation or any ambient air quality standard. A revised air pollution emission notice (APEN) and application form must be submitted with a request for a permit revision. 2. This source is subject to the Common Provisions Regulation Part II, Subpart E, Upset Conditions and Breakdowns. The permittee shall notify the Division of any upset condition which causes a violation of any emission limit or limits stated in this permit as soon as possible, but no later than two (2) hours after the start of the next working day, followed by written notice to the Division explaining the cause of the occurrence and that proper action has been or is being taken to correct the conditions causing said violation and to prevent such excess emission in the future. 3. The emission levels contained in this permit are based on the following uncontrolled emission factors (any change in operations may change these factors): Crushers: Particulate Matter: 0.0050 pounds per ton of aggregate processed PM10 (particles less than 10 microns): 0.0024 pounds per ton of aggregate processed Fugitive Particulate Matter: 0.0004 pounds per ton of aggregate processed Fugitive PM10 (particles less than 10 microns): 0.0002 pounds per ton of aggregate processed (76.0% control applies for water spray bars.) Screens: Particulate Matter: PM10 (particles less than 10 microns): (94.4% control applies for water spray bars.) 0.0315 pounds per ton of aggregate processed 0.0150 pounds per ton of aggregate processed Engines: Particulate Matter. 0.10 pounds per million Btu of heat input 0.10 pounds per million Btu of heat input 0.51 pounds per million Btu of heat input 3.20 pounds per million Btu of heat input Volatile Organic Compounds: 0.08 pounds per million Btu of heat input Carbon Monoxide: 0.85 pounds per million Btu of heat input PM10 (Particulate Matter < 10 microns): Sulfur Dioxide: Nitrogen Oxides: 4. This source is classified as a: Minor source 777/1918/001 - 006 ver. 2/00 • • Page 5 Colorado Department of Public Health and Environment Air Pollution Control Division Oldcastle SW Group, Inc. Permit No. 02P00224 FINAL APPROVAL GENERAL TERMS AND CONDITIONS: IMPORTANTI READ ITEMS 5,6,7 AND >� 1. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon conduct of the activity, or construction, installation and operation of the source, in accordance with this information and with representations made by the applicant or applicant's agents. It is valid only for the equipment and operations or activity specifically identified on the permit. 2. Unless specifically stated otherwise, the general and specific conditions contained in this permit have been determined by the APCD to be necessary to assure compliance with the provisions of Section 25-7-114.5(7)(a), C.R.S. 3. Each and every condition of this permit is a material part hereof and is not severable. Any challenge to or appeal of, a condition hereof shall constitute a rejection of the entire permit and upon such occurrence, this permit shall be deemed denied ab initio. This permit may be revoked at any time prior to final approval by the Air Pollution Control Division (APCD) on grounds set forth in the Colorado Air Quality Control Act and regulations of the Air Quality Control Commission (AQCC), including failure to meet any express term or condition of the permit. If the Division denies a permit, conditions imposed upon a permit are contested by the applicant, or the Division revokes a permit, the applicant or owner or operator of a source may request a hearing before the AQCC for review of the Division's action. 4. This permit and any required attachments must be retained and made available for inspection upon request at the location set forth herein. With respect to a portable source which is moved to a new location, a copy of the Relocation Notice (required by law to be submitted to the APCD whenever a portable source is relocated) should be attached to this permit. The permit may be reissued to a new owner by the APCD as provided in AQCC Regulation No. 3, Part B, Section III.B. upon a request for transfer of ownership and the submittal of a revised APEN and the required fee. 5. Issuance (initial approval) of an emission permit does not provide "final" authority for this activity or operation of this source. Final approval of the permit must be secured from the APCD in writing in accordance with the provisions of 25-7-114.5(12)(a) C.R.S. and AQCC Regulation No. 3, Part B, Section IV.H. Final approval cannot be granted until the operation or activity commences and has been verified by the APCD as conforming in all respects with the conditions of the permit. If the APCD so determines, it will provide written documentation of such final approval, which does constitute "final" authority to operate. Compliance with the permit conditions must be demonstrated within 180 days after commencement of operation. 6. THIS PERMIT AUTOMATICALLY EXPIRES IF you (1) do not commence construction or operation within 18 months after either the date of issuance of this permit or the date on which such construction or activity was scheduled to commence as set forth in the permit, whichever is later; (2) discontinue construction for a period of 18 months or more; or (3) do not complete construction within a reasonable time of the estimated completion date. Extensions of the expiration date may be granted by the APCD upon a showing of good cause by the permittee prior to the expiration date. 7. YOU MUST notify the APCD at least thirty days (fifteen days for portable sources) prior to commencement of the permitted operation or activity. Failure to do so is a violation of Section 25-7-114.5(12)(a), C.R.S. and AQCC Regulation No. 3, Part B, Section IV.H.1., and can result in the revocation of the permit. You must demonstrate compliance with the permit conditions within 180 days after commencement of operation as stated in condition 5. 8. Section 25-7-114.7(2)(a), C.R.S. requires that all sources required to file an Air Pollution Emission Notice (APEN) must pay an annual fee to cover the costs of inspections and administration. If a source or activity is to be discontinued, the owner must notify the Division in writing requesting a cancellation of the permit. Upon notification, annual fee billing will terminate. 9. Violation of the terms of a permit or of the provisions of the Colorado Air Pollution Prevention and Control Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under Sections 25-7-115 (enforcement), -121 (injunctions), -122 (civil penalties), -122.1 (criminal penalties), C.R.S. 777/1918/001 - 006 ver. 2/00 s • STATE OF COLORADO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AIR POLLUTION CONTROL DIVISION TELEPHONE: (303) 692-3150 CONSTRUCTION PERMIT PERMIT NO: DATE ISSUED: ISSUED TO: 02P00225 MARCH 19, 2004 Oldcastle SW Group, Inc. FINAL APPROVAL THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Portable aggregate processing plant No. some -based at 2273 River Road, Grand Junction, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TFC THIS PERMIT INCLUDES THE FOLLOWING: One (1) Kolberg-Pioneer, K400, 403421, crusher, design rated at 200 tons per hour; One (1) JCI, 8X20, 403420, screen, design rated at 200 tons per hour One (1) Caterpillar, C16-500, diesel fired engine; and One (1) Caterpillar, C-12, diesel fired engine. Particulate matter shall be controlled with water spray bars. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND CONTROL ACT C.R.S. (25-7-101 et seq), TO THOSE GENERAL TERMS AND CONDITIONS INCLUDED IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. Visible emissions from processing equipment and transfer points shall not exceed twenty percent (20%) opacity during normal operation of the source. During periods of startup, process modification, or adjustment of control equipment visible emissions shall not exceed 30% opacity for more than six minutes in any sixty consecutive minutes. Opacity shall be measured by EPA Method 9. (Reference: Regulation 1, Section II.A.1.& 4.) 2. The permit number shall be marked on the subject equipment for ease of identification. (Reference: Reg. 3, Part B, IV.E.) (State only enforceable) 3. Emissions of point -source air pollutants shall not exceed the following limitations (as calculated in the Division's preliminary analysis): (Reference: Regulation 3, Part B, III.A.4) Particulate Matter (TSP): 2.10 tons per year PM10 (Particulate Matter<10 microns): 1.54 tons per year Sulfur Dioxide: 5.14 tons per year Nitrogen Oxides: 32.59 tons per year Carbon Monoxide: 8.60 tons per year 77711919/001 - 004 ver. 2/00 Page 2 Colorado Department of Public Health and Environment Air Pollution Control Division Oldcastle SW Group, Inc. S Permit No. 02P00225 FINAL APPROVAL 1 4. Fugitive emissions from crusher hopper loading are estimated based upon the production rate listed below. Particulate emissions shall not exceed the following limitations (as calculated in the Division's preliminary analysis): Fugitive Particulate Matter (TSP): 0.13 tons per year Fugitive PKo (Particulate Matter<10 microns):0.06 tons per year. 5. This source shall be limited to a maximum production rate as listed below and all other activities, operational rates and numbers of equipment as stated in the application. Compliance with the production rate listed below shall be demonstrated by maintaining annual records of the actual production rate, or by maintaining annual records of the actual hours of operation, and then multiplying the annual hours of operation by the design rate (in tons per hour) of the equipment. Annual records of either the actual production rate or actual hours of operation shall be maintained by the applicant and made available to the Division for inspection upon request. (Reference: Regulation 3, Part B, III.A.4) Aggregate processing shall not exceed 650,000 tons per year. 6. This source shall be limited to a maximum fuel use rate as listed below and all other activities, operational rates and numbers of equipment as stated in the application. Annual records of the actual consumption rate shall be maintained by the applicant and made available to the Division for inspection upon request. (Reference: Regulation 3, Part B,III.A.4) Consumption of diesel fuel shall not exceed 147,600 gallons per year. 7. Each time this equipment is moved to a new location within the State of Colorado the owner or operator shall file a Relocation Notice. Such notice shall be received by the Division at least ten (10) days prior to the change in location. The Relocation Notice shall include a facility emission inventory of all emission units at the site. (Reference: Regulation 3, Part A,II.C.1.f and Part B.IV.E.) 8. When relocated, all of the equipment shall be moved as a unit only. Prior to moving pieces of equipment individually, a revised Air Pollutant Emission Notice (APEN) shall be filed and separate construction permits obtained for each piece of equipment to be moved separately. 9. Spray bars shall be used if material moisture content is insufficient to control particulate emissions. 10. A revised Air Pollutant Emission Notice (APEN) shall be filed: (Reference: Reg.3, Part A,II.C) a. Annually whenever a significant increase in emissions occurs as follows: For any criteria pollutant: For sources emitting less than 100 tons per year, a change in actual emissions of five tons per year or more, above the level reported on the last APEN; or b. Whenever there is a change in the owner or operator of any facility, process, or activity; or c. Whenever new control equipment is installed, or whenever a different type of control equipment replaces an existing type of control equipment; or d. Whenever a permit limitation must be modified; or e. No later than 30 days before the existing APEN expires. 777/1919/001 - 004 ver. 2/00 1 Page 3 Colorado Department of Public Health and Environment Air Pollution Control Division Oldcastle SW Group, Inc. Permit No. 02P00225 FINAL APPROVAL 11. This source is subject to the New Source Performance Standards requirements of Regulation No. 6, Part A, Subpart 000, Standards of Performance for Nonmetallic Mineral Processing Plants, when used at a site with initial crushing capacity of greater than 150 tons per hour (portable sources) or 25 tons per hour (fixed sources) including, but not limited to, the following: Visible emissions from crushers shall not exceed fifteen percent (15%) opacity. a. b. Visible emissions from screens and each transfer point shall not exceed ten percent (10%) opacity. In addition, the following requirements of Regulation No. 6, Part A, Subpart A, General Provisions, apply. a. At all times, including periods of start-up, shutdown, and malfunction, the facility and control equipment shall, to the extent practicable, be maintained and operated in a manner consistent with good air pollution control practices for minimizing emissions. Determination of whether or not acceptable operating and maintenance procedures are being used will be based on information available to the Division, which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source. (Reference: Regulation 6, Part A. General Provisions from 40CFR60.11) b. No article, machine, equipment or process shall be used to conceal an emission which would otherwise constitute a violation of an applicable standard. Such concealment includes, but is not limited to, the use of gaseous diluents to achieve compliance with an opacity standard or with a standard which is based on the concentration of a pollutant in the gases discharged to the atmosphere. (§ 60.12) c. Records of startups, shutdowns, and malfunctions shall be maintained, as required under § 60.7. d. Compliance with opacity standards shall be demonstrated according to § 60.11 By: Sunday A.-F-adeyi, P.E. Permit Engineer initial Approval: Issued on August 29, 2002. By: r Roland C. Hea, P.E. Unit Leader 777/1919/001 - 004 ver. 2/00 • • Page 4 Colorado Department of Public Health and Environment Air Pollution Control Division Oldcastle SW Group, Inc. 1111 Permit No. 02P00225 FINAL APPROVAL • Notes to permit holder: 1. The production or raw material processing limits and emission limits contained in this permit are based on the production/processing rates requested in the permit application. These limits may be revised upon request of the permittee providing there is no exceedance of any specific emission control regulation or any ambient air quality standard. A revised air pollution emission notice (APEN) and application form must be submitted with a request for a permit revision. 2. This source is subject to the Common Provisions Regulation Part II, Subpart E, Upset Conditions and Breakdowns. The permittee shall notify the Division of any upset condition which causes a violation of any emission limit or limits stated in this permit as soon as possible, but no later than two (2) hours after the start of the next working day, followed by written notice to the Division explaining the cause of the occurrence and that proper action has been or is being taken to correct the conditions causing said violation and to prevent such excess emission in the future. 3. The emission levels contained in this permit are based on the following uncontrolled emission factors (any change in operations may change these factors): Crushers: Particulate Matter: 0.0050 pounds per ton of aggregate processed PK() (particles less than 10 microns): 0.0024 pounds per ton of aggregate processed Fugitive Particulate Matter: 0.0005 pounds per ton of aggregate processed Fugitive PM,o (particles less than 10 microns): 0.0002 pounds per ton of aggregate processed (76.0% control applies for water spray bars.) Screens: Particulate Matter: PM10 (particles less than 10 microns): (94.4% control applies for water spray bars.) Engines: Particulate Matter 0.0315 pounds per ton of aggregate processed 0.0150 pounds per ton of aggregate processed 0.10 pounds per million Btu of heat input PM10 (Particulate Matter < 10microns): 0.10 pounds per million Btu of heat input Sulfur Dioxide: 0.51 pounds per million Btu of heat input Nitrogen Oxides: 3.20 pounds per million Btu of heat input Volatile Organic Compounds: 0.08 pounds per million Btu of heat input Carbon Monoxide: 0.85 pounds per million Btu of heat input 4. This source is classified as a: Minor source 777/1919/001 - 004 ver. 2/00 • s t Page 5 Colorado Department of Public Health and Environment Air Pollution Control Division Oldcastle SW Group, Inc. Permit No. 02P00225 FINAL APPROVAL GENERAL TERMS AND CONDITIONS: (IMPORTANT! READ ITEMS 5,6,7 AND >� 1. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon conduct of the activity, or construction, installation and operation of the source, in accordance with this information and with representations made by the applicant or applicant's agents. It is valid only for the equipment and operations or activity specifically identified on the permit. 2. Unless specifically stated otherwise, the general and specific conditions contained in this permit have been determined by the APCD to be necessary to assure compliance with the provisions of Section 25-7-114.5(7)(a), C.R.S. 3. Each and every condition of this permit is a material part hereof and is not severable. Any challenge to or appeal of, a condition hereof shall constitute a rejection of the entire permit and upon such occurrence, this permit shall be deemed denied ab initio. This permit may be revoked at any time prior to final approval by the Air Pollution Control Division (APCD) on grounds set forth in the Colorado Air Quality Control Act and regulations of the Air Quality Control Commission (AQCC), including failure to meet any express term or condition of the permit. If the Division denies a permit, conditions imposed upon a permit are contested by the applicant, or the Division revokes a permit, the applicant or owner or operator of a source may request a hearing before the AQCC for review of the Division's action. 4. This permit and any required attachments must be retained and made available for inspection upon request at the location set forth herein. With respect to a portable source which is moved to a new location, a copy of the Relocation Notice (required by law to be submitted to the APCD whenever a portable source is relocated) should be attached to this permit. The permit may be reissued to a new owner by the APCD as provided in AQCC Regulation No. 3, Part B, Section III.B. upon a request for transfer of ownership and the submittal of a revised APEN and the required fee. 5. Issuance (initial approval) of an emission permit does not provide "final" authority for this activity or operation of this source. Final approval of the permit must be secured from the APCD in writing in accordance with the provisions of 25-7-114.5(12)(a) C.R.S. and AQCC Regulation No. 3, Part B, Section IV.H. Final approval cannot be granted until the operation or activity commences and has been verified by the APCD as conforming in all respects with the conditions of the permit. If the APCD so determines, it will provide written documentation of such final approval, which does constitute "final" authority to operate. Compliance with the permit conditions must be demonstrated within 180 days after commencement of operation. 6. THIS PERMIT AUTOMATICALLY EXPIRES IF you (1) do not commence construction or operation within 18 months after either the date of issuance of this permit or the date on which such construction or activity was scheduled to commence as set forth in the permit, whichever is later; (2) discontinue construction for a period of 18 months or more; or (3) do not complete construction within a reasonable time of the estimated completion date. Extensions of the expiration date may be granted by the APCD upon a showing of good cause by the permittee prior to the expiration date. 7. YOU MUST notify the APCD at least thirty days (fifteen days for portable sources) prior to commencement of the permitted operation or activity. Failure to do so is a violation of Section 25-7-114.5(12)(a), C.R.S. and AQCC Regulation No. 3, Part B, Section IV.H.1., and can result in the revocation of the permit. You must demonstrate compliance with the permit conditions within 180 days after commencement of operation as stated in condition 5. 8. Section 25-7-114.7(2)(a), C.R.S. requires that all sources required to file an Air Pollution Emission Notice (APEN) must pay an annual fee to cover the costs of inspections and administration. If a source or activity is to be discontinued, the owner must notify the Division in writing requesting a cancellation of the permit. Upon notification, annual fee billing will terminate. 9. Violation of the terms of a permit or of the provisions of the Colorado Air Pollution Prevention and Control Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under Sections 25-7-115 (enforcement), -121 (injunctions), -122 (civil penalties), -122.1 (criminal penalties), C.R.S 777/19191001 - 004 ver. 2/00 • • 1 STATE OF OLOFADO LORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AIR POLLUTION CONTROL DIVISION TELEPHONE: (303) 692-3150 CONSTRUCTION PERMIT PERMIT NO: DATE ISSUED: ISSUED TO: 02P00226 FEBRUARY 16, 2006 Oldcastle SW Group, Inc. FINAL APPROVAL THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Portable aggregate processing plant No. KP3, home-based at 2273 River Road, Grand Junction, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: One (1) PEP, PSP 2618M, 403427 screen, design rated at 100 tons per hour; One (1) John Deere, 6068TF250, diesel fired generator rated at 360 horsepower. Particulate matter shall be controlled with water spray bars. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND CONTROL ACT C.R.S. (25-7-101 et seq), TO THOSE GENERAL TERMS AND CONDITIONS INCLUDED IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. Visible emissions from processing equipment and transfer points shall not exceed twenty percent (20%) opacity during normal operation of the source. During periods of startup, process modification, or adjustment of control equipment visible emissions shall not exceed 30% opacity for more than six minutes in any sixty consecutive minutes. Opacity shall be measured by EPA Method 9. (Reference: Regulation 1, Section II.A.1.& 4.) 2. The permit number shall be marked on the subject equipment for ease of identification. (Reference: Reg. 3, Part B, III.E.) (State only enforceable) 3. Each time this equipment is moved to a new location within the State of Colorado the owner or operator shall file a Relocation Notice. Such notice shall be received by the Division at least ten (10) days prior to the change in location. The Relocation Notice shall include a facility emission inventory of all emission units at the site. (Reference: Regulation 3, Part A,II.C.1.f and Part B.III.E.) 4. Emissions of point -source air pollutants shall not exceed the following limitations (as calculated in the Division's preliminary analysis): (Reference: Regulation 3, Part B, II.A.4) Particulate Matter (TSP): PM10 (Particulate Matter<10 microns): Sulfur Dioxide: Nitrogen Oxides: Volatile Organic Compounds: Carbon Monoxide: 777/1920/001 & 002 1.46 tons per year 1.29 tons per year. 1.08 tons per year 16.43 tons per year 1.34 tons per year 3.54 tons per year ver. 2/00 P age 2 Colorado Department of Public Health and Environment Air Pollution Control Division 4111, Oldcastle SW Group, Inc. Permit No. 02P00226 FINAL APPROVAL • • 5. This source shall be limited to a maximum production rate as listed below and all other activities, operational rates and numbers of equipment as stated in the application. Compliance with the production rate listed below shall be demonstrated by maintaining annual records of the actual production rate, or by maintaining annual records of the actual hours of operation, and then multiplying the annual hours of operation by the design rate (in tons per hour) of the equipment. Annual records of either the actual production rate or actual hours of operation shall be maintained by the applicant and made available to the Division for inspection upon request. (Reference: Regulation 3, Part B, II.A.4) Screening of aggregate shall not exceed 320,000 tons per year. 6. This source shall be limited to a maximum fuel use rate as listed below and all other activities, operational rates and numbers of equipment as stated in the application. Annual records of the actual consumption rate shall be maintained by the applicant and made available to the Division for inspection upon request. (Reference: Regulation 3, Part B,II.A.4) Consumption of diesel fuel shall not exceed 54,000 gallons per year. 7. Spray bars shall be used if material moisture content is insufficient to control particulate emissions. 8. A revised Air Pollutant Emission Notice (APEN) shall be filed: (Reference: Reg.3, Part A,II.C) a. Annually whenever a significant increase in emissions occurs as follows: For any criteria pollutant: For sources emitting less than 100 tons per year, a change in actual emissions of five tons per year or more, above the level reported on the last APEN; or b. Whenever there is a change in the owner or operator of any facility, process, or activity; or c. Whenever new control equipment is installed, or whenever a different type of control equipment replaces an existing type of control equipment; or d. Whenever a permit limitation must be modified; or e. No later than 30 days before the existing APEN expires. 9. This source is subject to the New Source Performance Standards requirements of Regulation No. 6, Part A, Subpart 000, Standards of Performance for Nonmetallic Mineral Processing Plants, when used at a site with initial crushing capacity of greater than 150 tons per hour (portable sources) or 25 tons per hour (fixed sources) including, but not limited to, the following: a. Visible emissions from crushers shall not exceed fifteen percent (15%) opacity. b. Visible emissions from screens and each transfer point shall not exceed ten percent (10%) opacity. In addition, the following requirements of Regulation No. 6, Part A, Subpart A, General Provisions, apply. a. At all times, including periods of start-up, shutdown, and malfunction, the facility and control equipment shall, to the extent practicable, be maintained and operated in a manner consistent with good air pollution control practices for minimizing emissions. Determination of whether or 777/1920/001 & 002 ver. 2/00 P age 3 Colorado Department of Public Health and Environment Air Pollution Control Division 41110 Oldcastle SW Group, Inc. • • Permit No. 02P00226 FINAL APPROVAL not acceptable operating and maintenance procedures are being used will be based on information available to the Division, which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source. (Reference: Regulation 6, Part A. General Provisions from 40CFR60.11) b. No article, machine, equipment or process shall be used to conceal an emission which would otherwise constitute a violation of an applicable standard. Such concealment includes, but is not limited to, the use of gaseous diluents to achieve compliance with an opacity standard or with a standard which is based on the concentration of a pollutant in the gases discharged to the atmosphere. (§ 60.12) c. Written notification of construction and initial startup dates shall be submitted to the Division as required under § 60.7. d. Records of startups, shutdowns, and malfunctions shall be maintained, as required under § 60.7. e. Written notification of opacity observation or monitor demonstrations shall be submitted to the Division as required under § 60.7. f. Compliance with opacity standards shall be demonstrated according to § 60.11. By: p E K Hancock II , Unit Leader By: trr-4 Dennis M. My Permit Engineer 777/19201001 & 002 ver. 2/00 • P age 4 Colorado Department of Public Health and Environment Air Pollution Control Division Oldcastle SW Group, Inc. Permit No. 02P00226 FINAL APPROVAL Notes to permit holder: 1. The production or raw material processing limits and emission limits contained in this permit are based on the production/processing rates requested in the permit application. These limits may be revised upon request of the permittee providing there is no exceedance of any specific emission control regulation or any ambient air quality standard. A revised air pollution emission notice (APEN) and application form must be submitted with a request for a permit revision. 2. This source is subject to the Common Provisions Regulation Part II, Subpart E, Upset Conditions and Breakdowns. The permittee shall notify the Division of any upset condition which causes a violation of any emission limit or limits stated in this permit as soon as possible, but no later than two (2) hours after the start of the next working day, followed by written notice to the Division explaining the cause of the occurrence and that proper action has been or is being taken to correct the conditions causing said violation and to prevent such excess emission in the future. 3. The emission levels contained in this permit are based on the following uncontrolled emission factors (any change in operations may change these factors): Screens: Particulate Matter: PM10 (particles less than 10 microns): Generator: 0.001764 pounds per ton of aggregate processed 0.000840 pounds per ton of aggregate processed Particulate Matter 0.31 PM10 (Particulate Matter < 10 microns): 0.31 Sulfur Dioxide: 0.29 Nitrogen Oxides: 4.41 Volatile Organic Compounds: 0.36 Carbon Monoxide: 0.95 4. This source is classified as a: pounds per million pounds per million pounds per million pounds per million pounds per million pounds per million Minor source Btu of heat input Btu of heat input Btu of heat input Btu of heat input Btu of heat input Btu of heat input 77711920/001 & 002 ver. 2/00 • • • P age 5 Colorado Department of Public Health and Environment Air Pollution Control Division Oldcastle SW Group, Inc. Permit No. 02P00226 FINAL APPROVAL GENERAL TERMS AND CONDITIONS: (IMPORTANT! READ ITEMS 5,6,7 AND ti 1. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon conduct of the activity, or construction, installation and operation of the source, in accordance with this information and with representations made by the applicant or applicant's agents. It is valid only for the equipment and operations or activity specifically identified on the permit. 2. Unless specifically stated otherwise, the general and specific conditions contained in this permit have been determined by the APCD to be necessary to assure compliance with the provisions of Section 2ff-114.5(7)(a), C.R.S. 3. Each and every condition of this permit is a material part hereof and is not severable. Any challenge to or appeal of, a condition hereof shall constitute a rejection of the entire permit and upon such occurrence, this permit shall be deemed denied ab i itio . This permit may be revoked at any time prior to final approval by the Air Pollution Control Division (APCD) on grounds set forth in the Colorado Air Quality Control Act and regulations of the Air Quality Control Commission (AQCC), including failure to meet any express termor condition of the permit. If the Division denies a permit, conditions imposed upon a permit are contested by the applicant, or the Division revokes a permit, the applicant or owner or operator of a source may request a hearing before the AQCC for review of the Division's action. 4. This permit and any required attachments must be retained and made available for inspection upon request at the location set forth herein. With respect to a portable source which is moved to a new location, a copy of the Relocation Notice (required by law to be submitted to the APCD whenever a portable source is relocated) should be attached to this permit. The permit may be reissued to a new owner by the APCD as provided in AQCC Regulation No. 3, Part B, Section III.B. upon a request for transfer of ownership and the submittal of a revised APEN and the required fee. 5. Issuance (initial approval) of an emission permit does not provide "final" authority for this activity or operation of this source. Final approval of the permit must be secured from the APCD in writing in accordance with the provisions of 25-7- 114.5(12)(a) C.R.S. and AQCC Regulation No. 3, Part B, Section IV.H. Final approval cannot be granted until the operation or activity commences and has been verified by the APCD as conforming in all respects with the conditions of the permit. If the APCD so determines, it will provide written documentation of such final approval, which does constitute "final" authority to operate. Complia c it t p rmit co ditio s m stb d mo strat d it i 180 days aft rcomm c m t ofop ratio . 6. THIS PERMIT AUTOMATICALLY EXPIRES IF you (1) do not commence construction or operation within 18 months after either the date of issuance of this permit or the date on which such construction or activity was scheduled to commence as set forth in the permit, whichever is later; (2) discontinue construction for a period of 18 months or more; or (3) do not complete construction within a reasonable time of the estimated completion date. Extensions of the expiration date may be granted by the APCD upon a showing of good cause by the permiee prior to the expiration date. 7. YOU MUST notify the APCD at least thirty days (fifteen days for portable sources) prior to commencement of the permitted operation or activity. Failure to do so is a violation of Section 25-7-114.5(12)(a), C.R.S. and AQCC Regulation No. 3, Part B, Section IV.H.1., and can result in the revocation of the permit. Yo m st d mo strat complia c it t p rmit co ditio s it i 180 days aft r comm c m t of op ratio as stat d i co ditio 5. 8. Section 25-7-114.7(2)(a), C.R.S. requires that all sources required to file an Air Pollution Emission Notice (APEN) must pay an annual fee to cover the costs of inspections and administration. If a source or activity is to be discontinued, the owner must notify the Division in writing requesting a cancellation of the permit. Upon notification, annual fee billing will terminate. 9. Violation of the terms of a permit or of the provisions of the Colorado Air Pollution Prevention and Control Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under Sections 25-7-115 (enforcement), -121 (injunctions), -122 (civil penalties), -122.1 (criminal penalties), C.R.S. 777/1920/001 & 002 ver. 2/00 United Companies Glen's Pit SPCC Plan Prepared by: Greg Lewicki And Associates 11541 Warrington Court Phone: (303) 346-5196 Fax (303)-346-6934 Parker, CO USA 80138 E -Mail: lewicki7@comcast.net Glen's Pit SPCC Plan Table of Contents Management Approval and Review [112.5 and 112.7(d)(2)1 Professional Engineer's Review 1112.3(d)1 ° Introduction 1.0 Purpose 1.1 Using the Plan 1.1.1 SPCC Plan Revisions 1.1.2 Facility Description [112.7(a)(3)] 1.2 Location and Use 1.2.1 Waterways and Abutters 1.2.2 Site Drainage 1.2.3 Potential Spill Sources and SPCC Features 2.0 SPCC Compliance [112.7(a)(1) and 112.7(a)(2) and 112.8] 2.1 Tables [112.7(a)(3)(i and iii) and 112.7(b)] 2.2 Spill Prevention and Response 3.0 Discharge Prevention 3.1 SPCC Features and Operating Procedures [112.7 (a)(3) and 112.8] 3.1.1 Tests and Inspections [112.7(e) and 112.8(c)(6)J 3.1.2 Training [112.7(9] 3.1.3 Security [112.7(g)] 3.1.3 Emergency Response [112.7(a)(3)(iv) and 112.7(c) 3.2 Minor Spill Response [112.7 (a)(3)(iv)] 3.2.1 Major Spill Response [112.7 (a)(3)(iv)] 3.2.2 Waste Disposal [112.7(a)(3)(v)] 3.2.3 Notification and Reporting [112.7(a)(4)J 3.2.4 Required Facility Improvements 4.0 Emergeny Contacts [112.7(a)(3)(vi)] Appendix A Spill Notification Form Appendix B Facility Plans [112.7(a)(3) Appendix C Substantial Harm Criteria Checklist [112.20(e)] Appendix D AST Inspection Checklist Appendix E Employee Training Log Appendix F • Management Approval and Review [112.5 and 112.7(d)(2)] Management Approval United Companies, the operator of Glen's Pit, is committed to the prevention of discharges of oil to navigable waters or the environment, and maintains the highest standards for spill prevention control and countermeasures through periodic review, updating, and implementation of this Spill Prevention Control and Countermeasure (SPCC) Plan. The operator will provide the manpower, equipment and materials required to expeditiously control and remove any quantity of oil discharged that may be harmful. Authorized Facility Representative: /3 r -e ,--1• vv. l< r_ rr' Signature: /� -„4 (.0 , 1�. .A✓ Title: RQ s u.. r m z n a 3.1Date: y ,..—,_. _ z3/ Lc))' Management Review A review and evaluation of this SPCC Plan will be conducted at least once every three years. As a result of this review and evaluation, the operator will amend the SPCC Plan within six months of the review to include more effective prevention and control technology if: (1) such technology will significantly reduce the likelihood of a spill event from the facility, and (2) if such technology has been field -proven at the time of review. This SPCC Plan will also be amended within six months after a change in the facility design, construction, operation, or maintenance occurs which materially affects the facility's potential for the discharge of oil into or upon the navigable waters of the United States or adjoining shorelines. Any technical amendment to the SPCC Plan shall be certified by a Professional Engineer. Review Dates Signature Amendment Required? (Y/N) Glen's Pit Page i-1 Professional Engineer's Review [112.3 (d)(1)] The undersigned Registered Professional Engineer is familiar with the requirements of Chapter 40 of the Code of Federal Regulations Part 112 (40 CFR 112) and has supervised examination of the facility. The undersigned Registered Professional Engineer attests that this Oil Spill Prevention Control and Countermeasure Plan has been prepared in accordance with good engineering practices including applicable industry standards, and in accordance with the requirements of Chapter 40 of the Code of Federal Regulations Part 112 (40 CFR 112); that procedures have been established for required inspections and testing; and that the Plan is adequate for the facility. Signature Name Title Company Date P.E. Registration Number Glen's Pit Page i-1 2.0 Potential Spill Sources and SPCC Features 2.1 SPCC Compliance [112.7(a)(1) and 112.7(a)(2) and 112.8] The only permanent spill source onsite will be the fuel storage tank. Portable aspahlt, cement, and crushing/screening plants will be brought onsite, but these will be covered by their own SPCC. 2.2 Tables [112.7(a)(3)(i and iii) and 112.7(b)] Aboveground Storage Tanks Location Storage Contents Estimated Spill Secondary Containment Nearest Spill (gal) Direction Containmen Storage (gal) Kit Location Near Facilities 2000 No. 2 Dyed Pit Bottom Diesel Fuel/Oil Dispensers Location Product Double walled 2200 Office tank Estimated Spill Secondary Containment Nearest Spill Direction Kit Location 2000 gallon fuel No. 2 Dyed Diesel Pit floor With tank Office tank Mobile Equipment Name Equipment Class Quantity Fuel Tank (gal) Hydraulic On -board System (gal) Spill Kit 988G Wheel Loader: Large 2 176.5 70.5 ❑ D9R Bulldozer: Large 2 240 20.4 ❑ Dump On -Highway Truck 5 100 40 ❑ 725 Articulated Truck 5 95 26.7 ❑ 14H Motor Grader 1 110 32.5 ❑ 631G Scraper: Open Bowl 2 215 50.2 ❑ Note: This list is an estimate of on-site equipment. Equipment may vary. Equipment manufacturer may also vary. Tank sizes are based on Cat equipment. Glen's Pit Page 2-1 • Spill Kits • Description Containment Volume (gal) Location 30 -Gallon Overpack Absorbent 23 Office Emergency Spill Kit Glen's Pit Page 2-2 3.0 Spill Prevention and Response 3.1 Discharge Prevention 3.1.1 SPCC Features and Operating Procedures [112.7(a)(3) and 112.81 The operator's employees are trained to implement spill prevention practices for work with and around oil sources. Personnel shall use common sense and rely on spill prevention practices at all times to minimize the potential for a release of oil. For example, the following "common sense" practices are recommended: • keep container lids securely fastened at all times; • do not leave portable sources unattended; • return portable sources to their storage location after use; • use pads, drip pans, and funnels when transferring petroleum products from a portable container; • protect oil sources from damage by moving equipment; • do not store oil sources near catch basins or floor drains; and • loading and unloading of petroleum products shall be attended at all times. Suppliers All suppliers will meet the minimum requirements and regulations for tank truck unloading as established by the United States Department of Transportation. These supplier procedures also ensure that the vendor understands the site layout, knows the protocols for entering the site and unloading product, and has the necessary spill equipment on board to respond to a spill from the vehicle or fuel delivery hose. Observations of Deliveries The Facility Manager or designee will supervise deliveries for all new suppliers and will periodically observe deliveries for existing, approved suppliers. Delivery observations include: • vehicle inspection prior to delivery and departure (e.g., to make sure the driver does not drive away with the hose in the fill pipe); • inquiry to ensure the truck contains the right product for the tank; • assurance that the tank can hold what the supplier intends to deliver; and • adequate spill response equipment is on board the vehicle. Vehicle Filling Loading operations and vehicle fueling operations will be performed by facility personnel trained in the specific operation. The operators will: • check that the vehicle is properly secured before making connections, • inspect the storage and delivery system, hoses, connections and the receiving vessel before beginning operations, • monitor the transfer operation in-person from beginning to end, • check that the vehicle has been disconnected before departure, Glen's Pit Page 3-1 • • secure the storage and delivery system after use, and ▪ Facility personnel will monitor the fueling area for safe and proper operation, and will take immediate action to correct any deficiencies. 3.1.2 Tests and Inspections [112.7(e) and 112.8(c)(6)J The personnel at the facility shall perform testing, inspection, and maintenance of all petroleum equipment to keep it performing in an efficient and environmentally sound manner. The tests and inspections shall be performed as discussed in the following subsections. 3.1.2.1 Inspecting AST's Facility personnel periodically observe the ASTs during operating hours. The ASTs shall be inspected monthly, and the results shall be recorded on the Monthly AST Inspection Report, as included in Appendix E. Spill response kits kept on site shall also be checked during the monthly AST inspection, and restocked as necessary. The monthly inspection reports shall be kept for at least three years in a file maintained by the Facility Manager. Inspections include observations of the exterior of the tank for signs of deterioration or spills (leaks), observations of the tank foundation and supports for signs of instability, and observations of the vent, fill and discharge pipes for signs of poor connection, that could cause a spill. In addition to these monthly inspections, the facility will periodically verify the integrity of each tank every ten years, or more often as deemed necessary by the inspection results. Integrity testing will be conducted in accordance with an industry standard procedure such as STI — SP001-03 or API 653. 3.1.2.1 Tank Maintenance All petroleum tank and piping problems shall be immediately reported to the Facility Manager. Visible oil spills (leaks) that cause a loss of oil from tank walls, piping or other components shall be repaired or replaced as soon as possible to prevent the potential for a major spill from the source. This is especially important for sources located outside or near drains or catch basins that discharge to the environment. 3.1.3 Training [112.7(1) The operator shall provide SPCC spill training for personnel involved with handling petroleum products. The Facility Manager shall arrange for annual training, which shall include the following training topics: • an introduction to pollution control laws; • rules and regulations pertaining to the use and storage of petroleum products; • inspection, operation and maintenance of spill equipment, and petroleum storage and dispensing equipment; • spill response and cleanup; • spill notification and record keeping; and • spill prevention practices. Records of attendance at training and topics covered shall be maintained by the Facility Manager. Glen's Pit Page 3-2 3.1.2.2 Documentation for Training The annual SPCC training shall be documented to include the instructor's name, course outline, date and duration of training, attendant's names and signatures, and corrective action list for areas in need of improvement, if any. This information shall be filed and maintained for at least 3 years at the office of the Environmental Compliance Officer. A Certificate of Training shall be presented to each employee that has completed the training. 3.1.4 Security [112.7(g)] No security issues are expected on this site. 3.2 Emergency Response [112.7(a)(3)(iv) and 112.7(c)] This section describes the cleanup response and protocols to follow in the event of an oil spill. The uncontrolled discharge of oil to groundwater, surface water or soil is prohibited by State or Federal laws. It is imperative that action be taken to respond to a spill once it has occurred. In the event of an oil spill. Depending on the volume and characteristics of the material released, the operator has defined spill response as either a "Minor Spill Response" or "Major Spill Response" ("Spill. Emergency"). A list of Emergency Contacts is included in Appendix A. 3.2.1 Minor Spill Response [112.7(a)(3)(iv)J A "Minor Spill Response" is defined as one that poses no significant harm to human health or the environment. These spills involve generally less than 5 gallons and can usually be cleaned up by the operator's personnel. Other characteristics of a minor spill include the following: • the spilled material is easily stopped or controlled at the time of the spill; • the spill is localized; • the spilled material is not likely to reach surface water or groundwater; • there is little danger to human health; and • there is little danger of fire or explosion. In the event of a minor spill the following guidelines shall apply: 1. Immediately notify the senior on-site person (i.e., Facility Manager). 2. Call the Colorado Department of Public Health and Environment, Colorado Division of Minerals and Geology, City of Rifle, and the County Environmental Health Department within two hours. Document the telephone calls on the Spill Notification Form in Appendix B. 3. Under the direction of a senior on-site person, contain the spill with spill response materials and equipment. 4. Place spill debris in properly labeled waste containers. 5. Complete the Spill Notification Form (Appendix B) and send to the Environmental Compliance Officer. 3.2.2 Major Spill Response (Spill Emergency) [112.7(a)(3)(iv)J A "Spill Emergency" is defined as one involving a spill that cannot be safely controlled or cleaned up. Characteristics include the following: • the spill is large enough to spread beyond the immediate spill area; Glen's Pit Page 3-3 • the spilled material enters surface water or groundwater (regardless of spill size); • the spill requires special training and equipment to cleanup; • the spilled material is dangerous to human health; and • there is a danger of fire or explosion. In the event of a spill emergency the following guidelines shall apply: 1. All workers shall immediately evacuate the spill site and move to a safe distance away from the spill. 2. A senior on-site person shall call for medical assistance if workers are injured (no worker shall engage in rescue operations unless they have been properly trained and equipped). 3. A senior on-site person shall immediately Call the Colorado Department of Public Health and Environment, Colorado Division of Minerals and Geology, MSHA, City of Rifle, and the County Environmental Health Department within two hours. Document the telephone calls on the Spill Notification Form in Appendix B. 4. Notify the local Fire Department or Police Department. 5. A senior on-site person shall contact the Facility Manager and provide details regarding the spill. 6. The Facility Manager will coordinate cleanup and seek assistance from a cleanup contractor as necessary. If a senior on-site person is not available at the time of the spill, then the next highest employee in command shall assume responsibility. 3.2.3 Waste Disposal [112.7(a) (3) (v)J Wastes resulting from a minor spill response will be containerized in impervious bags, drums or buckets. The waste will be removed from the site by a licensed waste hauler within two weeks. Wastes resulting from a major spill response will be removed and disposed of by a cleanup contractor. Contaminated soil/gravel will be processed by an approved asphalt plant or turned over until certified measurement shows total hyrdocarbons to be within acceptable limts. 3.2.4 Waste Disposal [112.7(a)(4)] In the event of a minor spill, a senior on-site person shall notify the Facility Manager and complete a written Spill Notification Form. This form details the time, material, and quantity of oil released. If a major spill occurs at this facility the Facility Manager shall, in addition to the notification procedures above, provide written information to the EPA Regional Administrator as required by the SPCC Plan rules. 3.2.4.1 Spill Notification Forms After making the appropriate phone calls and the spill is contained, a Spill Notification Form, included in Appendix B, shall be completed and submitted to the Facility Manager. The Spill Notification Form includes a checklist to document the proper notification of state and federal agencies. The form shall be filed and maintained as long as operator owns and/or operates this facility. Glen's Pit Page 3-4 4.0 Required Improvements The Professional Engineer's certification of this plan is contingent on the following facility improvements being implemented for compliance with SPCC regulations 40 CFR 112: • None Glen's Pit Page 41 • Appendix B Spill Notification Form This form must be submitted to Enviromental Officer. A copy must be retained on-site and included with the SPCC Plan. Spill Notification Form Part A: Basic Spill Data Spill Type: Major / Minor Spill Date: Type of Spilled Substance: Spill Time: Quantity Spilled: Spill Duration: Facility Name: Glen's Pit Location of Spill: Owner / Company Name: United Companies Released to: [ ] Containment [ ] River [ ] Pond [ ] Soil [ ] Air [ ] Ground Water [ ] Other Nature of spill and any environmental or health effects: [ ] Injuries [ ] Fatalities Part B: Notification Checklist Notification Date and Time Name of Person the Recieved Call Spill is any amount of petroleum product: Colorado Department of Public Health and Environment (X771518-5608 Local Health Department (970) 625-5200 City of Rifle (970) 625-2122 Colorado Division of Minerals and Geology (303) 866-3567 MSHA (303) 231-5465 Spill reaches ground water or surface water: EPA National Response Center (800) 424-8802 Form Completed By (Print Name): Sign and Date: This form must be submitted to Enviromental Officer. A copy must be retained on-site and included with the SPCC Plan. is form must be submitted to Enviromental Officer. A copy must be retained on-site and included with the SPCC Plan. Spill Notification Form Part A: Basic Spill Data Spill Type: Major / Minor Spill Date: Type of Spilled Substance: Spill Time: Quantity Spilled: Spill Duration: Facility Name: Glen's Pit Location of Spill: Owner / Company Name: United Companies Released to: [ ] Containment [ ] River [ ] Pond [ ] Soil [ ] Air [ ] Ground Water [ 1 Other 1 ature of spill and any environmental or health effects: [] Injuries [ ] Fatalities Part B: Notification Checklist Notification Date and Time Name of Person the Recieved Call Spill is any amount of petroleum product: Colorado Department of Public Health and Environment (8771 51 &5618 Local Health Department (970) 625-5200 City of Rifle (970) 625-2122 Colorado Division of Minerals and Geology (303) 866-3567 MSHA, (303) 231-5465 Spill reaches ground water or surface water: EPA National Response Center (800) 424-8802 Form Completed By (Print Name): Sign and Date: is form must be submitted to Enviromental Officer. A copy must be retained on-site and included with the SPCC Plan. Appendix C Facility Plans [ 112.7(a)(3)] Please See DMG Permit Map C-2 • Appendix D Substantial Harm Criteria Checklist [112.20(e)] 41 Substantial Harm Criteria Checklist for Certification of Applicability [112.20 (e)] Facility Name: Glen's Pit 1. Does the facility transfer oil over water to or from vessels and does the facility have a total oil storage capacity greater than or equal to 42,000 gallons? Yes No ✓ 2. Does the facility have a total oil storage capacity greater than or equal to 1 million gallons and does the facility lack secondary containment that is sufficiently large to contain the capacity of the largest above -ground oil storage tank plus sufficient freeboard to allow for precipitation within any above -ground oil storage tank area? Yes No _ ✓ 3. Does the facility have a total oil storage capacity greater than or equal to 1 million gallons and is the facility located at a distance such that a discharge from the facility could cause injury to fish and wildlife and sensitive environments? Yes No ✓ 4. Does the facility have a total oil storage capacity greater than or equal to 1 million gallons and is the facility located at a distance such that a discharge from the facility would shut down a public drinking water intake? Yes No ' 5. Does the facility have a total oil storage capacity greater than or equal to 1 million gallons and has the facility experienced a reportable oil spill in an amount greater than or equal to 10,000 gallons within the last 5 years? Yes No ✓' CERTIFICATION I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document, and that based on my inquiry of those individuals responsible for obtaining this information, I believe that the submitted information is true, accurate, and complete. %> r c „ * L� /'i r f /75-)Ae_(A) Name (please type or print) Signature Ise ; o +-c 3 t: c- .nom 3, 2 U tJ 6 Title Date IA • Appendix E AST Inspection Checklist 1 Glen's Pit AST Checklist CERTIFICATION I certify under penalty of law that I have personally examined the above listed items. I believe that the submitted information is true, accurate, and complete. Name (please type or print) Signature Title Date H m b Condition of Tank (Note any deformations, corrosion, staining etc.) Condition of Secondary Containment (Note any cracks, drain valve closed/locked etc.) Foundation/Tank Base (Note any staining, spills, water against base, etc.) Pumps and Piping Hose and Fittings Nearest Spill Kit (Note if kit contains all components) Near Facilities 2000 -gallon No. 2 Dyed Diesel tank CERTIFICATION I certify under penalty of law that I have personally examined the above listed items. I believe that the submitted information is true, accurate, and complete. Name (please type or print) Signature Title Date • Appendix F Employee Training Log Employee Training Log Note: New employees shall receive initial training in the contents and implementation of this SPCC plan upon start of their employment. All employees shall receive annual refresher training in the contents and implementation of this SPCC plan. Date of Training Name of Employee Attending Topics Covered Instructor(s) • LOYAL E. LEAVENWORTH SANDER N. KARP DAVID H. McCONAUGHY JAMES S. NEU SUSAN W. LAATSCH NICOLE D. GARRIMONE ANNA S. ITENBERG MICHAEL J. SAWYER CASSIA R. FURMAN BETH E. KINNE* CASSIE L. COLEMAN** LAURA M. WASSMUTH *Admitted in Washington **Admitted in Montana Brent W. Kerr United Companies P.O. Box 3609 Grand Junction, CO 81502 LEAVENWORTH & KARP, P.C. ATTORNEYS AT LAW 201 14T" STREET, SUITE 200 P. O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 JSN@,lklawfirm.com March 31, 2006 DENVER OFFICE:* 700 WASHINGTON ST. STE 702 DENVER, COLORADO 80203 Telephone: (303) 825-3995 Facsimile: (303) 825-3997 *(Please direct all correspondence to our Glenwood Springs Office) CERTIFIED MAIL RETURN RECEIPT REQUESTED Re: City of Rifle Watershed District Permit No. 1-06 (Glen's Pit) Dear Mr. Kerr: Enclosed is a fully executed copy of City of Rifle Watershed District Permit No. 1-06 for the Glen's Pit Gravel Operation approved by the Rifle City Council on March 1, 2006. Please let me know if you have any questions. JSN: Enclosure cc: Bill Sappington (w/enc.) '2o(�6`Clienis�Rife,R.312971Lui1 d-18o'_\Letters\Kcrr-Permit wpd Very truly yours, LEAVENWORTH & KARP, P.C. • BEFORE THE CITY COUNCIL OF THE CITY OF RIFLE, COLORADO CONCERNING THE APPLICATION FOR A WATERSHED DISTRICT PERMIT OF OLD CASTLE SW GROUP, INC. DBA UNITED COMPANIES OF MESA COUNTY TO OPERATE A GRAVEL PIT KNOWN AS GLEN'S PIT IN THE COLORADO RIVER WATERSHED FINDINGS OF FACT, CONCLUSIONS OF LAW AND APPROVAL OF WATERSHED DISTRICT PERMIT NO. 1-06 I. BACKGROUND 1. On November 23, 2005, Old Castle SW Group, Inc. dba United Companies of Mesa County (the "Applicant") applied to the City of Rifle (the "City") for a watershed district permit to operate a gravel pit, including asphalt plant, concrete plant, office, wash facility, crusher/screen facility, scales, and a 5,000 gallon fuel tank for on-site operations (the "Project") on property located in Section 11, T6S., R93W., 6' PM. The Project is located upstream from the City's Colorado River raw water intake structure and sedimentation pond within the City's Watershed District jurisdiction, and the application was submitted pursuant to City of Rifle Ordinance No. 22, Series of 1994, • codified in Article II of Chapter 13 of the Rifle Municipal Code ("RMC"). 2. For the purposes of this permit (the "Permit"), the application shall consist of the watershed permit application 4nd application notebook prepared by Greg Lewicki and Associates dated November 7, 2005 including a mining plan, reclamation plan, soils report, vegetation report, wildlife report, drainage plan, and SPCC plan, all correspondence and materials submitted to the City by the Applicant or its agents, as well as all representations, whether oral or written, made as part of the application and public hearing process. These items shall be collectively referred to herein as the "Application." • 3. Following the receipt and review of the Application, Michael Erion, P.E. of Resource Engineering, Inc., Consulting Professional Engineer for the City, submitted his findings to the City regarding the Project in a letter dated February 17, 2006, attached hereto as Exhibit A and incorporated herein by this reference (the "Erion Letter"). The Erion Letter concluded that, so long as the Project is operated in compliance with the Application and conditions contained in the Erion Letter, the proposed activity does not present or create a clear or foreseeable risk of significant injury to the City's waterworks or pollution to the City water supply and is therefore classified as a Minor Impact under the RMC. 4. Any and all other permits issued or to be issued by county, state and/or federal agencies in relation to the operation of the Project are incorporated herein by this reference. II. FINDINGS OF FACT 5. The proposed activity is within the defined boundaries of the City's Watershed District as defined in RMC § 13-2-20, specifically within five (5) miles of the City's Colorado River I:\2006\Clients\Rifle\R-3(297)United-1802\Documents\WSPermit01-06.wpd —1- • • • City of Rifle, Colorado Watershed District Permit No. 1-06 Glen's Pit Old Castle SW Group, Inc. dba United Companies of Mesa County municipal water diversion and intake structure. The proposed activities include the operation of a gravel pit. 6. The Application filed by the Applicant is complete. 7. The Applicant has paid the application fee required under RMC §13-2-110. 8. A duly noticed PublicHearing was held before the Rifle City Council (the "Council') on March 1, 2006. At the hearing, testimony was presented by Michael Erion regarding the activities proposed by the Applicant and the applicability of the City's Watershed District Ordinance. City Attorney Lee Leavenworth explained to the Council that its jurisdiction on this matter extended five (5) miles beyond the City's Colorado River intake point, and that it's authority was limited to the protection of the City's water quality and supply. Mr. Erion explained the provisions of the Permit, and recommended issuance of the Permit subject to the terms and conditions set forth in the Erion Letter, which classified the proposed activities as a Minor Impact pursuant to RMC § 13-2-120. Ben Miller with Greg Lewicki and Associates, consultant for the Applicant, and Brent Kerr with United Companies, provided testimony on behalf of the Applicant regarding the Application and the Project. Testimony was opened up for members of the public and there was none. 9. With the conditions contained in the Erion Letter in place and based upon the testimony, the Council finds that the proposed activities do not present or create a clear or foreseeable risk of significant injury to the City's waterworks or pollution to the City water supply so long as the Applicant adheres to all of the conditions stated in the Erion Letter. 10. The Council hereby finds and determines that the issuance of the Permit requires the inclusion of conditions as set forth in the Erion Letter and as outlined above, that such conditions are necessary to prevent a risk of injury to the City's water works and pollution of the City's water supply, and that such conditions are authorized pursuant to RMC § 13-2-140. III. CONCLUSIONS OF LAW AND ISSUANCE OF PERMIT 11. The foregoing Findings of Facts are incorporated herein by reference. 12. The City has jurisdiction over the proposed activity pursuant to RMC § 13-2-20 and City of Rifle Ordinance No. 22, Series of 1994. 13. Based on the evidence presented at the Public Hearing and the Erion Letter, the Council hereby determines that this decision shall constitute a Watershed District Permit for the operation of the Project as more fully outlined in the Application. The conditions of approval recommended by Mr. Erion in the Erion Letter are hereby approved and adopted by the Council as conditions of approval of this Permit unless expressly amended herein. In addition, all 1:\2006\Clieats\Rifle\R-3(297)United-1802\Documents\WSPermit01-06.wpd -2- • City of Rifle, Colorado Watershed District PermitNo. 1-06 Glen's Pit Old Castle SW Group, Inc. dba United Companies of Mesa County • • representations, whether oral or written, made by the Applicant and/or its agents as part of the application and public hearing process shall be conditions of approval of the Permit. 14. All conditions of approval contained within any permit issued to the Applicant for the Project by any county, state and/or federal agency shall be deemed conditions of approval of this Permit. Any violation of the conditions of any other such permit issued shall be deemed a violation of this Permit subject to all of the remedies provided for herein. 15 A copy of this Permit shall be sent by certified mail, return receipt requested, to the Applicant. 16. Pursuant to RMC § 13-2-110, the Applicant shall reimburse the City for all outside professional services, including but not limited to engineering, legal, consulting, publication and copying fees associated with the review of the Application prior to the issuance of this Permit. 17. This Permit shall not be effective until approved by the City and agreed to by the Applicant. f)) Dated this 2-1 day of 07(70-(4 , 2006. By I:\2006\C lients\Rit7e\R-3(297)United-1802\Docum ents\W SPerm itOl-06.wpd -3- CITY OF RIFLE, COLORADO Mayor • City of Rifle, Colorado Watershed District Permit No. 1-06 Glen's Pit Old Castle SW Group, Inc. dba United Companies of Mesa County • • City of Rifle Watershed District Permit No. 1-06 accepted and agreed to this day of /Teeth , 2006. By: I:\2006\Clients\Rifle1R-3(297)United-1602\Documents\WSPermit01-06.wpd -4- UNITED COMP IE OF MESA COUNTY Crai amberty, President a plant PIENi?RESDURCE ENGINEERING I N C. • Mr. Bill Sappington, P.E. City of Rifle PO Box 1908 Rifle CO 81650 James Neu, Esq. Leavenworth & Karp, P.C. PO Box 2030 Glenwood Springs CO 81602 EXHIBIT February 17, 2006 RE: United Companies Watershed District Permit Application for Glen's Pit — Colorado River Intake Watershed Dear Bill and Jim: At the request of the City of Rifle, Resource Engineering, Inc. (RESOURCE) has reviewed the Watershed District Permit application submitted by United Companies of Mesa County (United Companies) for the Glen's Pit project. The Applicant proposes to develop a sand and gravel pit operation including approval for an asphalt plant, concrete plant, office, wash facility, crusher/screen facility, scales, and a 5,000 gallon fuel tank for this site. The proposed project is located on 3 parcels owned by Kenneth Chambers, Yvonne Chambers, and Flint Chambers. The proposed project is immediately upstream from the Chambers Pit currently leased by United Companies, across the river from the Lafarge Mamm Creek Pit, and immediately downstream from the proposed Lafarge North Bank Pit. The general location map from the application is attached. The application submittal includes a three ring binder prepared by Greg Lewicki and Associates dated November 7, 2005. The submittal includes a mining plan, reclamation plan, soils report, vegetation report, wildlife report, and drainage plan. A general SPCC plan has been prepared for the site, and specific SPCC plans for the asphalt batch plant and concrete batch plant and concrete batch plant will be provided if and when such portable facilities are set up and operated on the site. CLASSIFICATION Based on our review and analysis set forth below, we recommend classifying the project as an "Impact" since the proposed activity is part of a cumulative series of minor impacts from similar activities and gas industry development on both sides of the river upstream from the City's potable water intake. RECOMMENDATION We recommend issuance of Watershed District Permit with the following conditions: 1. The Applicant shall maintain and comply with its CDPHE Process Water and • Storm Water Discharge permit. The Applicant shall submit a copy of Its discharge reports to the City on a quarterly basis. Consulting Engineers and Hydrologists 909 Colorado Avenue Al Glenwood Springs, CO 81 601 47 (970) 945-8777 P. Fax (970) 945-1137 • • Mr. Bill Sappington, P.E. February 17, 2006 James Neu, Esq. Page 2 2. The Applicant shall notify the City at least 10 days prior to set up of an asphalt batch plant or concrete batch plant. The Applicant shall provide the City with a copy of the SPCC plan for such facilities. The City of Rifle shall be included on the notification list and emergency contact list in each SPCC for the site. The point of contact shall be the water plant at 970-625-2541. 3. The project shall be subject to periodic inspections by the City and/or its consultants. This project shall be included in the bi-annual inspection list for active Watershed District Permits. The applicant shall be responsible for all costs associated with such inspection. 4. The Applicant has committed to bank stabilization in the event channel migration occurs and reduces the 100 foot buffer between the excavation and the river channel. Such commitment is hereby incorporated into the permit. ANALYSIS The proposed activity includes sand and gravel mining activities and associated operations including crusher/screening facilities, washing facilities, office and scales, fueling facility, and the potential for set up of asphalt and concrete batch facilities. The site is located on the north side of the Colorado River approximately 1 mile upstream from the City of Rifle's Colorado River water supply intake. Activities on the site will be ongoing for approximately 10 to 20 years depending on the demand for the mined materials. The site activities will ultimately expose ground water which increases the potential for impact to the ground water resource from both minor and major spills within the project The ground water flow is in a southwesterly direction and tributary to the Colorado River above the City's intake. The proposed grading and mining activities are located outside of the 100 year flood plain. Surface runoff from the project will be contained within the project site. Erosion and discharge of sediment to the river system is not a significant risk for the City Dewatering operations for the project will discharge high TDS water into the Colorado River via a settling pond. Such activities are regulated by the Colorado Department of Public Health and Environment through a Process Water and Storm Water Discharge Permit Process. While such discharges may be permitted by the State due to the high dilution factor in the Colorado River, the City needs to be aware of such discharges and should be copied with the discharge monitoring data on a regular basis such as quarterly reports. The application indicates that up to a 5,000 gallon diesel fuel storage tank will be maintained on site throughout the life of the project. The fuel storage tank will be moved periodically to be located in the vicinity of mining activities. The fuel tank will be a steel double wall tank with capacity in the outer tank to contain the fuel in the event of a rupture of the inner tank wall. Upon installation of the fuel storage tank, a specific SPCC plan will be prepared and certified by a registered professional engineer that the plan RESOURCE ENGINEERING INC • Mr. Bill Sappington, P.E. February 17, 2006 James Neu, Esq. Page 3 meets industry standards and the requirements in 40CFR112 regarding oil pollution prevention. The Applicant has requested approval from the Colorado Division of Minerals and Geology to allow for set up asphalt and concrete batch plants. United Companies anticipates set up of such portable facilities on a temporary basis for specific projects. Existing asphalt and concrete batch plants are set up on adjacent properties and permanent facilities are not proposed for this site at this time. United Companies has prepared specific SPCC plans for such batch plant facilities. Such SPCC plans will be certified by a registered professional engineer at the time of set up. All certified SPCC plans should be submitted to the City at the time they are prepared for the facilities listed above. These plans shall include the City of Rifle on the notification and emergency contact list. United Companies has the training, expertise and onsite equipment to provide immediate response to any type of spill from a small one gallon spill to rupture of a double wall steel fuel tank. Ground water contamination is a long term potential impact to the City. The United Companies submittal presents a plan to minimize the risk of impact to the City. The proposed activity in itself would likely be classified as a minor impact. However, this activity in conjunction with several other sand and gravel pit operations and gas drilling operation should be viewed as partof a cumulative impact to the watershed of the City's Colorado River intake. Therefore, It has been classified as an impact to the City's water works and the City water supply. Relocation of the project out of the 100 year flood plain along with the best management plans and implementation of SPCC plans for each facility minimizes the potential risk for the City and is the basis for a recommendation for approval of the permit. Several conditions of approval as outlined above are recommended to insure compliance with the permit and to assist in minimizing the potential risk to the City. Please call if you have any questions or need additional information Sincerely, RESOURCE ENGINEERING, INC. Michael J 'Erion, P.E. Water Rbsource Engineer MJE/mmm 341-10.14 E:\Client13411341-10 14\bs jn glens pit 341.doc CC: Brent Kerr, United Companies Ben Miller, Greg Lewicki and Associates RESOURCE ENINEEINQ I N C • Permit No. COG -500000 Fr.:ility SCG -500467 CDMG Permit No. Pending Page I CERTIFICATION AUTHORIZATION TO DISCHARGE UNDER THE CDPS INDUSTRIAL GENERAL PERMIT FOR SAND AND GRAVEL MINING AND PROCESSING GENERAL PERMIT Category 07, Sub -category IA - General Permits, Sand and Gravel - Process Water & Stormwater SIC Code 1442, Sand and gravel mining, washing, crushing screening and stockpiling. Current fee $193/year This permit specifically authorizes: Oldcastle SW Group dba United Companies of Mesa County Brent Kerr, Resource Manager 2273 River Road P.O. Box 3609 Grand Junction, CO 81502 (970) 243-4900 Fax (970) 243-5945 with the facility contact of: Bill Bailey, Rife Area Manager to discharge from facilities identified as the Glen's Pit, located in the SE'/o of Section 11, T6S, R93W; in Garfield County, as shown in Figure 1 of the permit, from Outfall 001A, as shown in Figure 2 of the permit and further identified and described in the following table. Outfall Description and Treatment Estimated Flow Rate 001A Discharge from the settling basin prior to entering the Colorado River. Max. = 4.3 MGD The discharge is to the Colorado River; Segment 1 of the Lower Colorado River Sub -basin and Basin, found in the Classifications and Numeric Standards for the Lower Colorado River Basin (5 CCR 1002-37), last update effective January 20, 2004. Segment 1 has been classified for the following uses: Recreation, Class 1 a; Aquatic Life, Class 1 (Cold); Water Supply; and Agriculture. Antidegradation review es not apply to this permit because no parameters limited by water quality standards other than pH are expected. Effluent limitations in Part I.B.2.a. of the permit and monitoring requirements in I.B.3. of the permit apply to this facility's process water discharges. Salinity (TDS) monitoring of the discharge will be required. Phosphorus monitoring of the discharge will not be required. At the time of application, the permittee certified that they had developed and implemented a Stormwater Management Plan (SWAMP) for this facility. Brent Kerr signed this certification on June 28, 2005. As a condition of this permit, a copy of the SWMP must be provided to the Division upon request. The permittee is encouraged to read the general rationale for an understanding of how this permit was developed and read the permit to see what requirements exist. In the permit, effluent limitations and monitoring/reporting requirements are specified in Parts I.B. and IC; special notification requirements for effluent violations are addressed in Part II.A. All correspondence relative to this facility should reference the specific facility number, COG -500467. C'k, is opher L. Gates July 7, 2005 ISSUED AND EFFECTIVE: JULY 8, 2005 EXPIRATION: SEPTEMBER 30, 2007 • • STATE OF COLORADO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AIR POLLUTION CONTROL DIVISION TELEPHONE: (303) 692-3150 CONSTRUCTION PERMIT PERMIT NO: 05GA0603F INITIAL APPROVAL DATE ISSUED: NOVEMBER 3, 2005 ISSUED TO: Old Castle SW Group Inc. dba United Companies of Mesa County THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Sand and gravel pit located at Glen's Pit, 27346 Highway 6 & 24, Rifle, Garfield County, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: Material extraction, handling, stockpiling, hauling, and associated conveyors and transfer points. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR • QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND CONTROL ACT C.R.S. (25-7-101 et seq), TO THOSE GENERAL TERMS AND CONDITIONS INCLUDED IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: • 1. Visible emissions from processing equipment and transfer points shall not exceed twenty percent (20%) opacity during normal operation of the source. During periods of startup, process modification, or adjustment of control equipment visible emissions shall not exceed 30% opacity for more than six minutes in any sixty consecutive minutes. Opacity shall be measured by EPA Method 9. (Reference: Regulation 1, Section II.A.1.& 4.) 2. The particulate emission control measures listed on the attached page (as approved by the Division) shall be applied to the particulate emission producing sources as required by Regulation No. 1, Section III.D.1.b. 3. This source shall be limited to a maximum production rate as listed below and all other activities, operational rates and numbers of equipment as stated in the application. Daily records of the actual production rate shall be maintained by the applicant and made available to the Division for inspection upon request. (Reference: Regulation 3, Part B,II.A.4) Sand and gravel production shall not exceed 1,000 tons per day and 300,000 tons per year. 4. Fugitive particulate emissions shall not exceed the following limitations (as calculated in the Division's preliminary analysis): (Reference: Regulation 3, Part B, II.A.4) Particulate Matter: 20.3 tons per year Particles less than 10 lam (PM10):: 6.5 tons per year. Note: Compliance with these fugitive emission limits shall be demonstrated by not exceeding the production limits in condition number 3 and by following the attached particulate emissions control plan. 045/0785/001 ver. 2/00 • • Page 2 Colorado Department of Public Health and Environment Air Pollution Control Division • Old Castle SW Group Inc. dba United Companies of Mesa County Permit No. 05GA0603F INITIAL APPROVAL 5. Emissions of air pollutants from transfer points shall not exceed the following limitations (as calculated in the Division's preliminary analysis): (Reference: Reg. 3, Part B, II.A.4) Particulate Matter: 0.07 tons per year Particles less than 10 pm (PM1o): 0.04 tons per year. 6. This permit is for the activities specified above; any additional process equipment (i.e. crushers, screens, etc.) to be located at this site must have a separate permit from the Division. (Reference: Reg. 3, Part B, III.E.) 7. A revised Air Pollutant Emission Notice (APEN) shall be filed: (Reference: Reg. 3, Part A,II.C) a. Annually whenever a significant increase in emissions occurs as follows: For any criteria pollutant: For sources emitting Tess than 100 tons per year, a change in actual emissions of five tons per year or more, above the level reported on the last APEN; or b. Whenever there is a change in the owner or operator of any facility, process, or activity; or c. Whenever new control equipment is installed, or whenever a different type of control equipment replaces an existing type of control equipment; or d. Whenever a permit limitation must be modified; or e. No later than 30 days before the existing APEN expires. 8. All conveyors and transfer points will be subject to the New Source Performance Standards requirements of Regulation number 6, Subpart 000 whenever there is primary crushing capacity greater than 150 tons per hour (portable equipment) or 25 tons per hour (fixed equipment) at this location as follows: a. Visible emissions from conveyors and transfer points shall not exceed 10% opacity. In addition, the following requirements of Regulation No. 6, Part A, Subpart A, General Provisions, apply. a. No article, machine, equipment or process shall be used to conceal an emission which would otherwise constitute a violation of an applicable standard. Such concealment includes, but is not limited to, the use of gaseous diluents to achieve compliance with an opacity standard or with a standard which is based on the concentration of a pollutant in the gases discharged to the atmosphere. (§ 60.12) b. Written notification of construction and initial startup dates shall be submitted to the Division as required under § 60.7. c. Records of startups, shutdowns, and malfunctions shall be maintained, as required under § 60.7. d. Compliance with opacity standards shall be demonstrated according to § 60.11. 045107851001 ver. 2/00 Page 3 Colorado Department of Public Health and Environment Air Pollution Control Division • Old Castle SW Group Inc. dba United Companies of Mesa County Permit No. 05GA0603F INITIAL APPROVAL • • e. At all times, including periods of start-up, shutdown, and malfunction, the facility and control equipment shall, to the extent practicable, be maintained and operated in a manner consistent with good air pollution control practices for minimizing emissions. Determination of whether or not acceptable operating and maintenance procedures are being used will be based on information available to the Division, which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source. (Reference: Regulation 6, Part A. General Provisions from 40CFR60.11) 9. Within one hundred and eighty days (180) after commencement of operation, compliance with the conditions contained on this permit shall be demonstrated to the Division. It is the permittee's responsibility to self certify compliance with the conditions. Failure to demonstrate compliance within 180 days may result in revocation of the permit. (Information on how to certify compliance was mailed with the permit or can be obtained from the Division at 303-692-3209.) 10. This permit shall expire if the owner or operator of the source for which this permit was issued: (i) does not commence construction/modification or operation of this source within 18 months after either the date of issuance of this initial approval permit or the date on which such construction or activity was scheduled to commence as set forth in the permit application associated with this permit; (ii) discontinues construction for a period of eighteen months or more; or (iii) does not complete construction within a reasonable time of the estimated completion date (See General Condition No. 6., Item 1.). Upon a showing of good cause by the permittee, the Division may grant extensions of the permit. (Reference: Regulation No. 3, Part B, Section III.F.4.) By: Sundt A. Fadeyi, P.E R K Hancock III, P.E. Permit Engineer Unit Leader 045/0785/001 ver. 2/00 Page 5 Colorado Department of Public Health and Environment Air Pollution Control Division • Old Castle SW Group Inc. dba United Companies of Mesa County Permit No. 05GA0603F INITIAL APPROVAL PARTICULATE EMISSIONS CONTROL PLAN FOR MINING AND PROCESSING ACTIVITIES THE FOLLOWING PARTICULATE EMISSIONS CONTROL MEASURES SHALL BE USED FOR COMPLIANCE PURPOSES ON THE ACTIVITIES COVERED BY THIS PERMIT, AS REQUIRED BY THE AIR QUALITY CONTROL COMMISSION REGULATION NO.1, SECTION III.D.1.b. THIS SOURCE IS SUBJECT TO THE FOLLOWING EMISSION GUIDELINES: a. Mining and Processing Activities - Visible emissions riot to exceed 20%, no off -property transport of visible emissions. b. Haul Roads - No off -property transport of visible emissions shall apply to on-site haul roads, the nuisance guidelines shall apply to off-site haul roads. c. Haul Trucks - There shall be no off -property transport of visible emissions from haul trucks when operating on the property of the owner or operator. There shall be no off -vehicle transport of visible emissions from the material in the haul trucks when operating off of the property of the owner or operator. Control Measures 1. Adequate soil moisture must be maintained in topsoil and overburden to control emissions during removal. Watering shall be implemented if necessary. 2. Topsoil and overburden stockpiles shall be compacted and revegetated within one year. 110 3. Emissions from material handling (i.e. removal, loading, and hauling) shall be controlled by watering at all times unless natural moisture is sufficient to control emissions. • 4. Vehicle speed on unpaved roads and disturbed areas shall not exceed a maximum of 30 m.p.h. Speed limit signs shall be posted. 5. Vehicle speed on haul roads and service roads shall be restricted to 30 miles per hour. Speed limit signs shall be posted. 6. Unpaved haul roads shall be treated with chemical stabilizers per manufacturer's recommendations and watered as often as needed to control fugitive particulate emissions such that the above guidelines are met. 7. Reclamation works and sequential extraction of material shall be initiated to keep the total disturbed areas at any one time to a minimum. 8. Material stockpiles shall be watered as necessary to control fugitive particulate emissions. Aggregate materials shall be sprayed with water during material loading into the storage bins or stockpiles. 9. Plant entryway, truck service roads, and concrete batching areas shall be graveled. Watering shall be implemented if emission guidelines above are not met. 045/0785/001 ver. 2/00 Page 4 Colorado Department of Public Health and Environment Air Pollution Control Division el Old Castle SW Group Inc. dba United Companies of Mesa County Permit No. 05GA0603F INITIAL APPROVAL • • Notes to permit holder: 1. The production or raw material processing limits and emission limits contained in this permit are based on the production/processing rates requested in the permit application. These limits may be revised upon request of the permittee providing there is no exceedance of any specific emission control regulation or any ambient air quality standard. A revised air pollution emission notice (APEN) and application form must be submitted with a request for a permit revision. 2. This source is subject to the Common Provisions Regulation Part II, Subpart E, Upset Conditions and Breakdowns. The permittee shall notify the Division of any upset condition which causes a violation of any emission limit or limits stated in this permit as soon as possible, but no later than two (2) hours after the start of the next working day, followed by written notice to the Division explaining the cause of the occurrence and that proper action has been or is being taken to correct the conditions causing said violation and to prevent such excess emission in the future. 3. The emission levels contained in this permit are based on the following emission factors (any change in operations may change these factors): Particulate Matter: PM10 (particles less than 10 microns): Fugitive Particulate Matter: Fugitive PM10 (particles less than 10 microns): 4. This source is classified as a: Minor source 0.00040 pounds per ton of sand and gravel 0.00024 pounds per ton of sand and gravel 0.13532 pounds per ton of sand and gravel 0.04302 pounds per ton of sand and gravel 04510785/001 ver. 2/00 • • Page 6 Colorado Department of Public Health and Environment Air Pollution Control Division Old Castle SW Group Inc. dba United Companies of Mesa County Permit No. 05GA0603F INITIAL APPROVAL GENERAL TERMS AND CONDITIONS: (IMPORTANT! READ ITEMS 5,6,7 AND 8) 1. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon conduct of the activity, or construction, installation and operation of the source, in accordance with this information and with representations made by the applicant or applicants agents. It is valid only for the equipment and operations or activity specifically identified on the permit. 2. Unless specifically stated otherwise, the general and specific conditions contained in this permit have been determined by the APCD to be necessary to assure compliance with the provisions of Section 25-7- 114.5(7)(a), C.R.S. 3. Each and every condition of this permit is a material part hereof and is not severable. Any challenge to or appeal of, a condition hereof shall constitute a rejection of the entire permit and upon such occurrence, this permit shall be deemed denied ab initio. This permit may be revoked at any time prior to final approval by the Air Pollution Control Division (APCD) on grounds set forth in the Colorado Air Quality Control Act and regulations of the Air Quality Control Commission (AQCC), including failure to meet any express term or condition of the permit. If the Division denies a permit, conditions imposed upon a permit are contested by the applicant, or the Division revokes a permit, the applicant or owner or operator of a source may request a hearing before the AQCC for review of the Division's action. 4. This permit and any required attachments must be retained and made available for inspection upon request at the location set forth herein. With respect to a portable source that is moved to a new location, a copy of the Relocation Notice (required by law to be submitted to the APCD whenever a portable source is relocated) should be attached to this permit. The permit may be reissued to a new owner by the APCD as provided in AQCC Regulation No. 3, Part B, Section II.B. upon a request for transfer of ownership and the submittal of a revised APEN and the required fee. 5. Issuance (initial approval) of an emission permit does not provide "final" authority for this activity or operation of this source. Final approval of the permit must be secured from the APCD in writing in accordance with the provisions of 25-7-114.5(12)(a) C.R.S. and AQCC Regulation No. 3, Part B, Section II I.G. Final approval cannot be granted until the operation or activity commences and has been verified by the APCD as conforming in all respects with the conditions of the permit. If the APCD so determines, it will provide written documentation of such final approval, which does constitute "final" authority to operate. Compliance with the permit conditions must be demonstrated within 180 days after commencement of operation. 6. THIS PERMIT AUTOMATICALLY EXPIRES IF you (1) do not commence construction or operation within 18 months after either the date of issuance of this permit or the date on which such construction or activity was scheduled to commence as set forth in the permit, whichever is later; (2) discontinue construction for a period of 18 months or more; or (3) do not complete construction within a reasonable time of the estimated completion date. Extensions of the expiration date may be granted by the APCD upon a showing of good cause by the permittee prior to the expiration date. 7. YOU MUST notify the APCD at least thirty days (fifteen days for portable sources) prior to commencement of the permitted operation or activity. Failure to do so is a violation of Section 25-7- 114.5(12)(a), C.R.S. and AQCC Regulation No. 3, Part B, Section III.G.1., and can result in the revocation of the permit. You must demonstrate compliance with the permit conditions within 180 days after commencement of operation as stated in condition 5. 8. Section 25-7-114.7(2)(a), C.R.S. requires that all sources required to file an Air Pollution Emission Notice (APEN) must pay an annual fee to cover the costs of inspections and administration. If a source or activity is to be discontinued, the owner must notify the Division in writing requesting a cancellation of the permit. Upon notification, annual fee billing will terminate. 9. Violation of the terms of a permit or of the provisions of the Colorado Air Pollution Prevention and control Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under Sections 25-7-115 (enforcement), -121 (injunctions), -122 (civil penalties), -122.1 (criminal penalties), C.R.S. 045/0785/001 ver. 2/00 • STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of 1,Vrtter Resources Department. of N total Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 800-3481 FAX (303) 866-33139 www.waterstate.co.us June 23, 2006 Mr. Ben Miller Greg Lewicki and Associates, PLLC 11541 Warrington Court Parker, Colorado 80138 RE: 2006-7 Glen's Pit, Substitute Water Supply Plan NE 1/4 Section 11, T6S, R93W Water Division 5, Water District 39, Garfield County Expiration Date of Plan: May 31, 2008 Dear Mr. Miller: 3;11 Owens Governor Russell George Executive: Director Hal D. Simpson, RE. State Engineer This fetter is in response to the application submitted in November, 2005, and • resubmitted in April, 2006, requesting approval of a substitute water supply plan (SWSP) to be operated by United Companies ("Applicant") in accordance with Section §37-90-137(11), C.R.S. The applicant shall be responsible for compliance with this plan, but the State Engineer's Office may also pursue the landowner for eventual compliance. The required fee of $1,343 for the substitute water supply plan has been paid. Glen's Pit is a proposed gravel mine that will be reclaimed as an unlined pond. This plan describes the proposed water uses for the period June 2006 through May 2008. During mining, up to 3.57 acres of groundwater may be exposed within the permit area, including dewatering trenches and the settling pond. A renewal of this SWSP or a permanent augmentation plan will be needed to provide replacement water for ongoing post -mining depletions beginning June 1, 2008. The pit will remain continuously dewatered until reclamation is completed. You have provided a monthly breakdown of the post -mining annual depletions at this site in your Table 3 (copy attached). The table shows that the maximum total lagged stream depletions are conservatively estimated to be 53.83 acre-feet per year corresponding to an exposed surface area of 17.52 acres. The estimated depletions are based solely upon steady- state lagging of groundwater evaporation from the reclaimed pit, which exceed the lagged depletions estimated from mine operation consumptive uses as provided in your Table 3. As a conservative measure, you have proposed to use the post -mining depletions to determine the monthly replacement requirements (see table 1 below). Mine operation depletions will consist of evaporation of exposed groundwater, water loss in mined material, dust control, asphalt and concrete production, and sanitary uses. Total monthly depletions for each use will be limited to the totals provided in your Table 3. No groundwater will be used for any other purpose. No phreatophyte credit has been applied to this plan. 4111 The proposed source of replacement water for this pit is fully consumable water released • Ben Miller 6/23/2006 Page 2 from Ruedi Reservoir by the West Divide Water Conservancy District (WDWCD). A 7.5 percent transit loss will be applied to all deliveries as specified in the following table: Table 1. Schedule of Depletions and Replacement Deliveries (All values in Acre -Feet). The Applicant also proposes to fill the pond via groundwater seepage, to minimize required replacements for groundwater depletions generated under this plan, after mining ceases and reclamation begins. Since this must occur pursuant to a subsequent renewal or a plan for augmentation, conditions for such filling have not been included in this approval, but will be considered as part of a renewal, if necessary. As required by Section 8 of Senate Bill 89-120, this substitute water supply plan has been provided to an outside consultant for review. I hereby approve the proposed substitute water supply plan in accordance with §37-90-137(11), C.R.S. subject to the following conditions: 1, This plan shall be valid through May 31, 2008 unless otherwise revoked or modified. If this plan will not be made absolute by a water court action by the plan's expiration date, a renewal request must be submitted to this office with the statutory fee (currently $257) by April 16, 2008. 2. Prior to issuance of a well permit for the gravel pit and/or commencement of diversions pursuant to this plan the applicant must submit a copy of the approved water allotment contract from the West Divide Water Conservancy District for Ruedi Reservoir water for an amount sufficient to replace out -of -priority depletions. 3. A well permit must be obtained for the gravel pit in accordance with §37-90-137(2) and (11), C.R.S. prior to additional exposure or use of groundwater. The provisions of §37-90-137(2) prohibit the issuance of a permit for a well to be located within 600 feet of any existing well, unless the State Engineer finds that circumstances so warrant after a hearing in accordance with the procedural rules in 2CCR402-5. The hearing will be waived if you are able to obtain statements from the owners of all wells within 600 feet, verifying that they have no objection to your Depletions Deliveries at Ruedi Reservoir Jun 7.28 7.87 Jul 7.96 8.61 Aug 7.57 8.18 Sep 6.17 6.67 Oct 4.50 4.86 Nov 2.97 3.21 Dec 2.02 2.18 Jan 1.66 1.79 Feb 1.78 1.92 Mar 2.42 2.62 Apr 3.91 4.23 May 5.59 6.04 Total 53.83 58.18 The Applicant also proposes to fill the pond via groundwater seepage, to minimize required replacements for groundwater depletions generated under this plan, after mining ceases and reclamation begins. Since this must occur pursuant to a subsequent renewal or a plan for augmentation, conditions for such filling have not been included in this approval, but will be considered as part of a renewal, if necessary. As required by Section 8 of Senate Bill 89-120, this substitute water supply plan has been provided to an outside consultant for review. I hereby approve the proposed substitute water supply plan in accordance with §37-90-137(11), C.R.S. subject to the following conditions: 1, This plan shall be valid through May 31, 2008 unless otherwise revoked or modified. If this plan will not be made absolute by a water court action by the plan's expiration date, a renewal request must be submitted to this office with the statutory fee (currently $257) by April 16, 2008. 2. Prior to issuance of a well permit for the gravel pit and/or commencement of diversions pursuant to this plan the applicant must submit a copy of the approved water allotment contract from the West Divide Water Conservancy District for Ruedi Reservoir water for an amount sufficient to replace out -of -priority depletions. 3. A well permit must be obtained for the gravel pit in accordance with §37-90-137(2) and (11), C.R.S. prior to additional exposure or use of groundwater. The provisions of §37-90-137(2) prohibit the issuance of a permit for a well to be located within 600 feet of any existing well, unless the State Engineer finds that circumstances so warrant after a hearing in accordance with the procedural rules in 2CCR402-5. The hearing will be waived if you are able to obtain statements from the owners of all wells within 600 feet, verifying that they have no objection to your • Ben Miller Page 3 • • 6/23/2006 use of the proposed well. Should a new well permit be denied for reasons of the 600 foot spacing, or any other legitimate reason, approval of this amendment will be canceled. 4. The total area of exposed groundwater shall not exceed 3.57 acres, and total consumptive use of the mining operation shall not exceed 24.8 acre-feet of which 11.0 acre-feet is due to evaporative losses, 2.6 acre-feet is due to dust suppression, 6.6 acre-feet is water removed in product (4% moisture of 300,000 tons of raw material), 0.3 acre-feet is due to asphalt production (35,000 tons), 4.0 acre-feet is due to concrete production (75,000 tons), and 0.3 acre-feet is due to sanitary use. Although replacement deliveries in excess of these amounts are committed to this plan, any increase in depletions must be submitted to this office as an amendment to this plan. 5. Approval of this plan is for the purposes as stated herein. Any additional uses of this water must first be approved by this office. 6. All deliveries of replacement water shall be measured in a manner acceptable to the Division Engineer. 7. The Water Commissioner responsible for the administration of this plan is Mr. James R. Lemon, 6343 County Road 301, Parachute, Colorado 81635, phone no. (970) 625-2317. The applicant shall maintain daily records of all replacements. The applicant shall provide a report of these records to the Division Engineer and the Water Commissioner on a monthly basis on a form approved by them. The accounting must be submitted within five (5) calendar days of the end of the month for which the accounting is being made 8. The name, address and phone number of a contact person who will be responsible for the operation and accounting of this plan must be provided on the accounting forms to the Division Engineer and Water Commissioner. 9. The approval of this substitute water supply plan does not relieve the Applicant and/or the landowner of the requirement to obtain a Water Court decree approving a permanent plan for augmentation or mitigation to ensure the permanent replacement of all depletions, including Tong -term evaporation losses and lagged depletions after gravel mining operations have ceased. If reclamation of the mine site will produce a permanent water surface exposing groundwater to evaporation, an application for a plan for augmentation must be filed with the Division 5 Water Court prior to the expiration of this approval, to include, but not be limited to, long- term evaporation losses and lagged depletions. If a lined pond results after reclamation, replacement of lagged depletions from mining and dewatering shall continue until there is no longer an effect on stream flow. 10. This substitute water supply plan may be revoked or modified at any time if it is determined that injury to other vested water rights has or will occur as a result of the operation of this pian. Should this substitute water supply plan expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all diversions under this plan must cease immediately. • • • Ben Miller 6/23/2006 11. Long-term replacement requirements for this plan are satisfied by the commitment of 4.5 shares of Lower Cactus Valley Ditch water, historically used to irrigate the property. 12. The replacement water that is the subject of this plan cannot be sold or leased to any other entity. As a condition of subsequent renewals of this substitute water supply plan, the replacement water must be appurtenant to this site until a plan for augmentation is obtained. A copy of this approval letter should be recorded with the county clerk and recorder. All replacement water must be concurrent with depletions in quantity, timing and Locations. 13. In accordance with amendments to §25-8-202(7), C.R.S., and Senate Bill 89-181 Rules and Regulations adopted on February 4, 1992, the State Engineer shall determine if the substitute supply is of a quality to meet requirements of use to which the senior appropriation receiving the substituted supply has normally been put. As such, water quality data or analyses may be requested at any time to determine if the requirements of use of the senior appropriator are met. Page 4 14. The decision of the State Engineer shall have no precedential or evidentiary force, shall not create any presumptions, shift the burden of proof, or serve as defense in any water court case or any other legal action that may be initiated concerning the substitute water supply plan. This decision shall not bind the State Engineer to act in a similar manner in any other applications involving other plans or in any proposed renewal of this plan, and shall not imply concurrence with any findings of fact or conclusions of law contained herein, or with the engineering methodologies used by this applicant. Please contact Craig Lis in Denver at (303) 866-3581, or Kyle Whitaker in Glenwood Springs at (970) 945-5665, if you have any questions concerning this approval. Sincerely, ,(A___Dick Wolfe, P. E. Assistant State Engineer Attachments: Table 3 cc: Kyle Whitaker, Augmentation Coordinator James Lemon, Water Commissioner, District 39 Carl Mount, Division of Minerals and Geology Mark McLean, Deere & Ault Consultants, Inc. KGR/CMLJwcm:Gfen's Pit 2006.doc Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 LIC WELL PERMIT NUMBER 64547 -F DIV. 5 WD 39 DES. BASIN MD UNITED COMPANIES 2273 RIVER RD PO BOX 3609 GRAND JUNCTION, CO 81502- (970) 243-4900 PERMIT TO EXPOSE WATER IN A PIT ISSUANCE OF THIS PERMIT DOES NOT INFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137 (2) and (11) for the construction and operation of a well (gravel pit pond) in accordance with the temporary substitute water supply plan approved by the State Engineer on June 23, 2006, for the Glen's Pit, Division of Minerals & Geology Permit Number M-2005-075. The well (pond) shall not be operated unless it is included in a substitute water supply plan approved by the State Engineer or a plan for augmentation approved by the Water Court. The water supply plan for this pit is currently valid through May 31, 2008 and If it is not extended or if a court decree Is not entered for a plan for augmentation, diversion of ground water from this well must cease immediately. 4) The average annual amount of ground water to be appropriated shall not exceed 53.83 acre-feet with the total surface area of the proposed ground water pond limited to 17.52 acres. 5) The use of ground water during mining is limited to evaporation (10.97 acre-feet/year for 3.57 acres of exposed groundwater in a settling pond, including 1 acre of ditches and pooling In the pit bottom), dewatering of the gravel pit, water lost in the mined product (6.63 acre-feet/year), dust control (2.58 acre-feet/year), asphalt production (0.32 acre-feet/year), concrete production (4.03 acre-feet/year), and sanitary purposes (0.28 acre-feet/year). The use of ground water after mining has ceased is limited to evaporation (53.83 acre/year for 17.52 acres of exposed groundwater). No other use of water is allowed unless a permit therefor is approved. 6) The maximum pumping rate is limited to 3000 gallons per minute for dewatering purposes. Pursuant to Policy 2000-4 of the State Board of Examiners of Water Well Construction and Pump Installation Contractors (Board), no pumping equipment shall be installed in the gravel pit well to withdraw water for any beneficial use, unless a separate written request for a variance has been approved by the Board. 7) The owner shall mark the well (gravel pa pond) in a conspicuous place with well permit number(s) and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) A totalizing flow meter must be installed so as to measure any pumping from this gravel pit pond and maintained in good working order. Permanent records of all diversions from the gravel pit pond, tonage of mined product, and the surface area of ground water exposure shall be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 9) Pursuant to Rule 10.1.6 of the Water Well Construction Rules, gravel pit wells are exempt from the minimum well construction standards except for contamination considerations as stated in the Rule. The owner of the gravel pit shalt take necessary means and precautions to prevent contaminants from entering the gravel pit well. 10) Pursuant to Rule 17.1.4 of the Water Well Construction Rules, the owner shall submit, after initiation of construction, site plan and cross section drawings on 8-1/2" x 11" paper showing the extent of intended excavation, the maximum depth of the pit, and the initial static water level. 11) The boundaries of the gravel pit pond shall be more than 600 feet from any existing well, completed In the same aquifer, that Is not owned by the applicant. APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 NE 1/4 Section 11 Township 6 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES Ft. from Ft. from Section Line Section Line 'TM COORDINATES (Meters,Zone:13,NAD83) ;ting: Northing: APPROVED CML \Receipt No. 0546006A 04. State Engineer By DATE ISSUED 07-19-2006 EXPIRATION DATE 07-19-2007 ) ii TYPE PLATE TABNAL SMM-0N2 801BFG Y927127 VIN EXPIRE 02PO4BJCFP1 12/2006 TITLE YR MAKE 08V007107 2002 JCI BODY SM CWT/PAS 1240 T/C FLEET# PREV EXP F 439 12/2005 PUB. DATE 14/2002 PUR. PRICE ORIGINAL TAXABLE VALUE 379955.00 322,961 BUS. DATE CO # UR/CODE 01/31/2006 08 U 051G M. FEE 0.00 PRIOR 0.T. OWN TAX UC. FEE TITLE FEE OTHER FEE 0.00 2422.21 160.17 0.00 0.00 RTD TAX 0.00 COUNTY TAX 0.00 CITY/DIST TAX STATE TAX SPECIAL FEE FUEL 0.00 0.00 0.00 UN Ir r 43-268 NI # 04-902 U T Ci.,.71"k ��:�:':::::'::::::::''MILES MILES GVW HC GVHC DATE OWNER NAME/MAIUNG ADDRESS OLDCASTLE SW GROUP INC P 0 BOX 3609 GRAND JCTN CO 81502 SIGNATURE REQUIRED ON REVERSE SIDE. VAUDATION PAID MESA TOTAL 02 01/31/2006 144126JML RO1 0 2582.38 MOTOR VEHICLE INSURANCE IS COMPULSORY IN COLORADO. NON-COMPLIANCE IS A MISDEMEANOR TRAFFIC OFFENSE COLORADO REGISTRATION/OWNERSHIP TAX P TYPE PLATE - TABNAL VIN EXPIRE TRL-UT2 M165002 Y926900 ID08200151C0 12/2006 TITLE 08P039368 - YR/ ' MAKE 1991 TRA BODY CWT/PAS TIC FLEET # PREV EXP TL 150 B 439 12/2005 PUR. DATE 01/29/2002 PUR. PRICE 130715.00 ORIGINAL TAXABLE VALUE BUS. DATE CO it UR/CODE 98,036 01/11/2006 08 U 051G EM. FEE 0.00 PRIOR O.T. 0.00 OWN TAX 3.00 LIC. FEE TITLE FEE OTHER FEE 13.42 0.00 0.01 RTD TAX 0.00 COUNTY TAX 0.00 CITY/DIST TAX 0.00 STATE TAX SPECIAL FEE FUE 0.00 0.00 NI # 04-902 U T Ci.,.71"k ��:�:':::::'::::::::''MILES HI GVW HC DATE OWNER NAME/MAIUNG ADDRESS OLDCASTLE SW GROUP INC P 0 BOX 3609 GRAND JCTN CO 81502 SIGNATURE REQUIRED ON REVERSE SIDE. VAUDATION TOTAL PAID MESA 02 01/11/2006 084706LLM RO1 J 16.42 MOTOR VEHICLE INSURANCE IS COMPULSORY IN COLORADO, NON-COMPUANCE ISA MISDEMEANOR TRAFFIC OFFENSE TYPE PLATE TABNAL VIN SMM-0N2 802BFG Y927128 403417 EXPIRE 12/2006 TITLE 08V007108 YR MAKE BODY CWT/PAS 2002 JCI SM 499 T/C FLEET# PREV EXP F •'"439 12/2005 PUR. DATE 06/14/2002 PUR. PRICE ORIGINAL TAXABLE VALUE BUS. DATE CO 8 UR/CODE 148780.00 126,463 01/31/2006 08 U 051G EM. FEE 0.00 PRIOR 0.T. OWN TAX 0.00 948.47 LIC. FEE TITLE FEE OTHER FEE 67.67 0.00 0.00 RTD TAX 0.00 COUNTY TAX CITY/DIST TAX 0.00 0.00 STATE TAX 0.00 SPECIAL FEE FUEL 0.00 NIT # 473 18 ��VY!itii?isiiiii�i'ii%:?`!t'S!i�ii!i... '�:I: MILES HI GVW A HC TE OWNER NAME/MAILING ADDRESS OLDCASTLE SW GROUP INC P 0 BOX 3609 GRAND JCTN CO 81502 SIGNATURE REQUIRED ON REVERSE SIDE. DATION TOTAL PAID MESA 02 01/31/2006 144143JML ROl 0 1016.14 MOTOR VEHICLE INSURANCE I8 COMPULSORY IN COLORADO. NONCOMPUANCE ISA MISDEMEANOR TRAFFIC OFFENSE TYPE PLATE TABNAL VIN EXPIRE SMM-0N2 804BFG Y927129 403419 12/2006 TITLE YR MAKE 08V007110 2002 JCI BODY CWT/PAS T/C FLEET# PREV EXP 'SM 215 F 439 12/2005 PUR. DATE 06/14/2002 PUR. PRICE 51795.00 ORIGINAL TAXABLE VALUE BUS. DATE CO 8 UR/CODE 44,025 01/31/2006 08 U 051G EM. FEE 0.00 PRIOR O.T. 0.00 OWN TAX 330.19 UC. FEE TITLE FEE OTHER FEE 32.67 0.00 0.00 RTD TAX 0.00 COUNTY TAX 0.00 CITY/DIST TAX 0.00 STATE TAX SPECIAL FEE FUEL 0.00 0.00 UNITr 47-319 y,_;;s; "; :ii MILES s<MILES HI GVW HC DATE OWNER NAME/MAILING ADDRESS OLDCASTLE SW GROUP INC P 0 BOX 3609 GRAND JCTN CO 81502 SIGNATURE REQUIRED ON REVERSE SIDE. VAUDATION PAID MESA TOTAL 02 01/31/2006 144155JML ROl 0 362.86 MOTOR VEHICLE INSURANCE IS COMPULSORY IN COLORADO. NON-COMPLIANCE ISA MISDEMEANOR TRAFFIC OFFENSE t VNO.- • ILORADO REGISTRATION/OWNERSHIPTAXBECEIPT TYPE PLATE TABNAL VIN EXPIRE SMM-0N2 800BFG Y927125 403413 12/2006 TITLE YR MAKE 08V007106 2002 PIO BODY CWT/PAS T/C FLEET# PREV EXP SM 1586 F 439 12/2005 PUR. DATE 06/14/2002 PUR. PRICE 466300.00 ORIGINAL TAXABLE VALUE BUS. DATE CO # UR/CODE 396,355 01/31/2006 08 U 051G EM. FEE 0.00 PRIOR 0.T. 0.00 OWN TAX UC. FEE TITLE FEE OTHER FEE 2972.66 205.17 0.00 0.0( RTD TAX 0.00 COUNTY TAX 0.00 CITY/DIST TAX STATE TAX SPECIAL FEE FUE 0.00 0.00 0.00 UNIT# 41-261 STATE TAX SPECIAL FEE FUEI 0.00 0.00 MILES HI GVW HC DATE OWNER NAME/MAIUNG ADDRESS OLDCASTLE SW GROUP INC P 0 BOX 3609 GRAND JCTN CO 81502 SIGNATURE REQUIRED ON REVERSE SIDE. VALIDATION PAID MESA TOTAL 02 01/31/2006 144057JML ROl 0 3177.83 MOTOR VEHICLE INSURANCE 1S COMPULSORY IN COLORADO, NON-COMPLIANCE IS A MISDEMEANOR TRAFFIC OFFENSE RADO REGISTRATION/OWNERSHIP TAX RECEIPT TYPE PLATE TABNAL VIN EXPIRE SMM-0N2 803BFG Y927126 02P02BJCFP1 12/2006 TITLE YR MAKE 08V007109 2002 JCI BODY CWT/PAS T/C FLEET# PREV EXP SM 1460 F 439 12/2005 PUR. DATE 06/14/2002 PUR. PRICE 566997.00 ORIGINAL TAXABLE VALUE BUS. DATE CO # UR/CODE 481,947 01/31/2006 08 U 051G EM. FEE 0.00 PRIOR O.T. 0.00 OWN TAX 3614.60 LIC. FEE TITLE FEE OTHER FEE 187.67 0.00 0.0( RTD TAX 0.00 COUNTY TAX 0.00 CITY/DIST TAX 0.00 STATE TAX SPECIAL FEE FUEI 0.00 0.00 UNIT# 41-2621..4,i,lif. y,_;;s; "; :ii MILES HI GVW HC DATE OWNER NAME/MAILING ADDRESS OLDCASTLE SW GROUP INC P 0 BOX 3609 GRAND JCTN CO 81502 SIGNATURE REQUIRED ON REVERSE SIDE. VALIDATION PAID MESA TOTAL 02 01/31/2006 144111JML RO1 0 3802.27 MOTOR VEHICLE INSURANCE IS COMPULSORY IN COLORADO. NON•COMPUANCE ISA MISDEMEANOR TRAFFIC OFFENSE r • TYPE PLATE TABNAL VIN SMM-0N2 808BFG Y927134 403423 EXPIRE 12/2006 TITLE 08V007114 YR MAKE 2002 JCI BODY CWT/PAS SM 375 T/C F FLEET# PREV EXP 439 12/2005 PUR. DATE 4/2002 PUR. PRICE 80905.00 ORIGINAL TAXABLE VALUE BUS. DATE CO # UR/CODE 68,769 01/31/2006 08 U 051G FEE 410 00 PRIOR 0.T. 0.00 OWN TAX 515.77 UC. FEE TITLE FEE OTHER FEE 52.67 0.00 0.00 RTD TAX . 0.00 COUNTY TAX 0.00 CITY/DIST TAX 0.00 STATE TAX 0.00 SPECIAL FEE FUEL 0.00 UNIT # 47-321 ;(tLRf :: ,! MILES HI GVW HC DATE OWNER NAME/MAILING ADDRESS OLDCASTLE SW GROUP INC P 0 BOX 3609 GRAND JCTN CO 81502 SIGNATURE REQUIRED ON REVERSE SIDE. VALIDATION PAID MESA TOTAL 02 01/31/2006 144245JML RO1 0 568.44 MOTOR VEHICLE INSURANCE IS COMPULSORY IN COLORADO. NON-COMPUANCE ISA MISDEMEANOR TRAFFIC OFFENSE TYPE PLATE TABNAL VIN EXPIRE SMM-0N2 809BFG Y927135 403424 12/2006 TITLE 08V007115 YR MAKE 2002 JCI BODY CWT/PAS T/C FLEET# PREV EXP SM 379 F '^439 12/2005 PUR. DATE 06/14/2002 PUR. PRICE 80905.00 ORIGINAL TAXABLE VALUE BUS. DATE CO # UR/CODE 68,769 01/31/2006 08 U 051G EM. FEE 0.00 PRIOR O.T. 0.00 OWN TAX UC. FEE TITLE FEE OTHER FEE 515.77 52.67 0.00 0.00 RTO TAX 0.00 COUNTY TAX 0.00 CITY/DIST TAX STATE TAX SPECIAL FEE FUEL 0.00 0.00 0.00 UNITN 47-322 CITY/DIST TAX 0.00 x:;;:;#i:;;:;; ..<, MILES HI GVW HC DATE OWNER NAME/MAIUNG ADORE OLDCASTLE SW GROUP INC P 0 BOX 3609 GRAND JCTN CO 81502 SIGNATURE REQUIRED ON REVERSE SIDE. COI ORADO REGISTRATIONLOWNERSHIP TAXRECEIPT TYPE PLATE " TABNAL VIN EXPIRE SMM-0N2 806BFG Y927131 02P03BJCFP1 12/2006 TITLE 08V007112 YR MAKE 2002 JCI BODY CWT/PAS SM 1460 T/C FLEET # PREV EXP F, 439 12/2005 PUR. DATE 06/14/2002 PUR. PRICE 566997.00 ORIGINAL TAXABLE VALUE 481,947 BUS. DATE CO # UR/CODE 01/31/2006 08 U 051G EM. FEE 0.00 PRIOR O.T. 0.00 OWN TAX LIC. FEE TITLE FEE OTHER FEE 3614.60 187.67 0.00 0.00 RTD TAX 0.00 COUNTY TAX 0.00 CITY/DIST TAX 0.00 STATE TAX SPECIAL FEE FUEL 0.00 0.00 UNIT # 41-263 UNIT# 47-320 MILES HI GVW HC DATE OWNER NAME/MAIUN OLDCASTLE SW GROUP INC P 0 BOX 3609 GRAND JCTN CO 81502 SIGNATURE REQUIRED ON REVERSE SIDE. VAUDATION PAID MESA TOTAL 02 01/31/2006 144208JML R01 0 3802.27 MOTOR VEHICLE INSURANCE IS COMPULSORY IN COLORADO, NON-COMPLIANCE IS A MISDEMEANOR TRAFFIC OFFENSE CO • - • • ; •► • it ESHIP_TAXRECEIPT TYPE PLATE TABNAL VIN EXPIRE SMM-0N2 805BFG Y927132 02P05BJCFB2 12/2006 TITLE 08V007111 YR MAKE 2002 JCI BODY CWT/PAS SM 1240 T/C FLEET # PREV EXP F 439 -12/2005 PUR. DATE 06/14/2002 PUR. PRICE 387370.00 ORIGINAL TAXABLE VALUE 329,264 BUS. DATE CO # UR/CODE 01/31/2006 08 U 051G EM. FEE 0.00 PRIOR O.T. 0.00 OWN TAX UC. FEE TITLE FEE OTHER FEE 2469.48 160.17 0.00 0.00 RTD TAX 0.00 COUNTY TAX 0.00 CITY/DIST TAX 0.00 STATE TAX SPECIAL FEE FUEL 0.00 0.00 UNIT # 43-269 UNIT# 47-320 c: MILES HI GVW HC GATE OWNER NAME/MAIUNG ADDRE OLDCASTLE SW GROUP INC P 0 BOX 3609 GRAND JCTN CO 81502 SIGNATURE REQUIRED ON REVERSE SIDE. TON TOTAL VALIDATION PAID MESA 02 01/31/2006 144257JML RO1 0 568.44 PAID MESA MOTOR VEHICLE INSURANCE IS COMPULSORY IN COLORADO. NON-COMPUANCE ISA MISDEMEANOR TRAFFIC OFFENSE • l.. s TOTAL 02 01/31/2006 144223JML RO1 0 2629.65 MOTOR VEHICLE INSURANCE IS COMPULSORY IN COLORADO. NON-COMPUANCE IS A MISDEMEANOR TRAFFIC OFFENSE ADO REG?STRATION/OWNERSHIP TAX RECEIPT TYPE PLATE TABNAL SMM-0N2 807BFG Y927133 403422 VIN . EXPIRE 12/2006 TITLE 08V007113 YR MAKE 2002 JCI BODY CWT/PAS SM- 122 T/C FLEET# PREV EXP F 439 12/2005 PUR. DATE 06/14/2002 PUR. PRICE 33985.00 ORIGINAL TAXABLE VALUE 28,887 BUS. DATE CO # UR/CODE 01/31/2006 08 U 051G EM. FEE 0.00 PRIOR 0.T. 0.00 OWN TAX LIC. FEE TITLE FEE OTHER FEE 216.65 22.67 0.00 0.00 RTD TAX 0.00 COUNTY TAX 0.00 CITY/DIST TAX 0.00 STATE TAX SPECIAL FEE FUEL 0.00 0.00 UNIT# 47-320 MILES HI GVW HC DATE OWNER NAME/MAILING ADDRESS OLDCASTLE SW GROUP INC P 0 BOX 3609 GRAND JCTN CO 81502 SIGNATURE REQUIRED ON REVERSE SIDE. VALIDATION PAID MESA TOTAL 02 01/31/2006 144233JML RO1 0 239.32 MOTOR VEHICLE INSURANCE IS COMPULSORY IN COLORADO. NON-COMPUANCE IS A MISDEMEANOR TRAFFIC OFFENSE \�C'`� YVNG..A o\Ci v e r\ l'. TYPE PLATE` TABNAL VIN EXPIRE 'SMM-ON? 838BFG Y927140 403430 12/2006 TITLE YR MAKE 08V007155 2001 KOL BODY CWT/PAS T/C FLEET # PREV EXP CV 205 F 439 12/2005 PUR. DATE 31/2002 PUR. PRICE 33390.00 ORIGINAL TAXABLE VALUE BUS. DATE CO # UR/CODE 33,390 01/31/2006 08 U 051G . FEE .00 PRIOR O.T. 0.00 OWN TAX 166.95 UC. FEE TITLE FEE OTHER FEE 32.67 0.00 0.00 RTO TAX 0.00 COUNTY TAX 0.00 CITY/DIST TAX 0.00 STATE TAX SPECIAL FEE FUEL 0.00 0.00 UNIT# 47.326 -;: MILES HI GVW HC DATE OWNER NAME/MAILING ADDRESS OLDCASTLE SW GROUP INC P 0 BOX 3609 GRAND JCTN CO 81502 SIGNATURE REQUIRED ON REVERSE SIDE. VAUDATION PAID MESA TOTAL 02 01/31/2006 144414JML RO1 0 199.62 MOTOR VEHICLE INSURANCE IS COMPULSORY IN COLORADO, NON-COMPUANCE ISA MISDEMEANOR TRAFFIC OFFENSE TYPE PLATE ...��. TABNAL VIN EXPIRE SMM-0N2 810BFG Y927136 403425 12/2006 TITLE YR MAKE 08V007116 2002 JCI BODY CWT/PAS T/C FLEET# PREV EXP SM 379 F 439 12/2005 PUR. DATE 06/14/2002 PUR. PRICE 80905.00 ORIGINAL TAXABLE VALUE BUS. DATE CO # UR/CODE 68,769 01/31/2006 08 U 051G EM. FEE 0.00 PRIOR 0.T. 0.00 OWN TAX 515.77 UC. FEE TITLE FEE OTHER FEE 52.67 0.00 0.00 RTD TAX 0.00 COUNTY TAX 0.00 CITY/DIST TAX 0.00 STATE TAX SPECIAL FEE FUEL 0.00 0.00 UNIT # 47-323 •;tN! ?i! MILES HI G VW HC DATE OWNER NAME/MAIUNG ADDRESS OLDCASTLE SW GROUP INC P 0 BOX 3609 GRAND JCTN CO 81502 SIGNATURE REQUIRED ON REVERSE SIDE. ATION TOTAL PAID MESA 02 01/31/2006 144306JML RO1 0 568.44 MOTOR VEHICLE INSURANCE IS COMPULSORY IN COLORADO. NON-COMPLIANCE ISA MISDEMEANOR TRAFFIC OFFENSE MOTOR VEHICLE INSURANCE IS COMPULSORY IN COLORADO. NON-COMPUANCE I8 A MISDEMEANOR TRAFFIC OFFENSE COLORADO REGISTRATION/OWNERSHIP' TYPE PLATE TABNAL VIN EXPIRE SMM-0N2 811BFG Y927137 403427 12/2006 TITLE YR MAKE 08V007117 2002 JCI BODY CWT/PAS T/C FLEET#' PREV EXP SM 654 F 439 12/2005 PUR. DATE 06/14/2002 PUR. PRICE 175000.00 ORIGINAL TAXABLE VALUE BUS. DATE CO # UR/CODE 148,750 01/31/2006 08 U 051G EM. FEE 0.00 PRIOR O.T. 0.00 OWN TAX 1115.63 UC. FEE TITLE FEE OTHER FEE 87.67 0.00 0.0( RTD TAX 0.00 COUNTY TAX 0.00 CITY/DIST TAX 0.00 STATE TAX SPECIAL FEE FUE 0.00 0.00 UNIT # 43-270 •;tN! : :1 MILES HI GVW HC DATE OWNER NAME/MAIUNG ADDRES OLDCASTLE SW GROUP INC P 0 BOX 3609 GRAND JCTN CO 81502 SIGNATURE REQUIRED ON REVERSE SIDE. VALIDATION TOTAL PAID MESA 02 01/31/2006 144323JML RO1 0 1203.30 MOTOR VEHICLE INSURANCE IS COMPULSORY IN COLORADO. NON-COMPLIANCE IS A MISDEMEANOR TRAFFIC OFFENSE 11;111111: :I •, OAK • TYPE PLATE TABNAL VIN EXPIRE SMM-0N2 836BFG Y927138 403428 12/2006 TITLE - 08V007153 YR MAKE 2001 KOL BODY CWT/PAS TIC FLEET# PREV EXP CV 205 F • 439 12/2005 PUR. DATE 01/31/2002 PUR. PRICE 33390.00 ORIGINAL TAXABLE VALUE BUS. DATE CO # UR/CODE 33,390 01/31/2006 08 U 051G EM. FEE 0.00 PRIOR 0.T. 0.00 OWN TAX 166.95 UC. FEE TITLE FEE OTHER FEE 32.67 0.00 0.0C RTD TAX 0.00 COUNTY TAX 0.00 CITY/DIST TAX 0.00 STATE TAX SPECIAL FEE FUEL 0.00 0.00 UNIT,' 47.324 MILEs HI GVW HC DATE OWNER NAME/MAILING AD OLDCASTLE SW GROUP INC P 0 BOX 3609 GRAND JCTN CO 81502 SIGNATURE REQUIRED ON REVERSE SIDE. VAUDATION PAID MESA TOTAL 02 01/31/2006 144333JML RO1 0 199.62 • S e v.. A: * -\ VV\ ck-t. Ir u N. L N.: 0;1110; i . • \ • 1 ► i • TYPE PLATE TABNAL VIN SMM-0N2 837BFG Y927139 403429 EXPIRE 12/2006 TITLE YR MAKE 08V007154 2001 KOL BODY CWT/PAS TIC CV 205 F' FLEET# PREV EXP 439 12/2005 PUR. DATE 01/31/2002 PUR. PRICE 33390.00 ORIGINAL TAXABLE VALUE BUS. DATE CO 8 UR/CODE 33,390 01/31/2006 08 U 051G EM. FEE 0.00 PRIOR O.T. 0.00 OWN TAX 166.95 LIC. FEE TITLE FEE OTHER FEE 32.67 0.00 0.0C RTD TAX 0.00 COUNTY TAX 0.00 CITY/DIST TAX 0.00 STATE TAX 0.00 SPECIAL FEE FUEL 0.00 UNIT # 47.325 f/U!F!;',;£;y;;>:< MILES HI GVW HC DATE OWNER NAME/MAIUNG ADORES OLDCASTLE SW GROUP INC P 0 BOX 3609 GRAND JCTN CO 81502 SIGNATURE REQUIRED ON REVERSE SIDE. VALIDATION PAID MESA TOTAL 02 01/31/2006 144358JML RO1 0 199.62 MOTOR VEHICLE INSURANCE IS COMPULSORY IN COLORADO. NON-COMPUANCE IS A MISDEMEANOR TRAFFIC OFFENSE • • • Please Insert Recording Information Here TEMPORARY EASEMENT AGREEMENT THIS TEMPORARY EASEMENT AGREEMENT ("Agreement") is made this 'i l:.day of October 2005 between Colorado Rivers Edge LLC, a Colorado limited liability company, whose address is P.O. Box 1556, Rifle, CO 81650 ("Grantor") and United Companies of Mesa County, Inc., a Colorado corporation, whose address is P.O. Box 3609, Grand Junction, CO 81502 ("Grantee"), WITNESSETH: WHEREAS, Grantor is the owner of a certain parcel of land situated in the Southwest 'A of Section 11 and the Northwest 'A of Section 14, Township 6 South, Range 93 West of the 6th Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: Basis of bearing is N.00°27'54"W. between the West 'A comer of Section 14 and the Southwest corner of Section 11. Beginning at the Southwest comer of said Section 11, and a point on the boundary of a parcel of land described in Book 704 at Page 435 of the Garfield County records; thence along the West line of said Section and said boundary N.00°27'48"W. 296.73 feet to a point on the southerly right-of-way of the Union Pacific Railroad; thence along said boundary and said right-of-way N.63'06'46"E. 1,923.39 feet; thence leaving said right-of-way and along said boundary S. 00°03'44"E. 488.92 feet; thence leaving said boundary the following seven (7) courses: 1) S.89'33'42"W. 399.52 feet 2) S.00° 18'44"E. 2,195.76 feet 3) S.81 °33'36"W. 117.89 feet 4) N.76°26'05"W. 440.93 feet 5) N.63 `37'52"W. 426.19 feet 6) N.53"17'48"W. 382.46 feet 7) N.79'07'08"W. 85.75 feet to a point on the west line of said Section 14, and a point on the boundary of said parcel; thence along said line and boundary N.00°27'54"W. 1,001.01 feet to the point of beginning (the "CRE Property"); F:\B 8 B\Colorado Rivers Edge LLC\Tempmary Easement Agreement.wpd AFTER RECORDING, RETURN TO: John R. Schenk, P.C. P.O. Box 945 Glenwood Springs, CO 81602 e• Please Insert Recording Information Here WHEREAS, Grantee is the owner of two parcels of land lying east of the CRE Property; and WHEREAS, Grantee has requested that Grantor provide anon -exclusive easement to Grantee for use as a roadway to the Chambers Property (as identified below), which easement is to pass over and across that portion of the CRE Property lying immediately south of and adjacent to the railroad right of way as identified above but on a temporary basis; and WHEREAS, Grantor has agreed to grant a temporary easement to Grantee upon the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree as follows: lip 1. Grant of Temporary Easement. Grantor hereby sells and quitclaims to Grantee, Grantee's successors and assigns, a temporary non-exclusive easement (the "Easement") fifty feet (50') in width over and across the most northerly portion of the CRE Property proceeding from the existing railroad crossing onto the CRE Property (said railroad crossing being generally located at Mile Post 384.570 of the Union Pacific Railroad) and then proceeding northeasterly to the northeast corner of the CRE Property, a distance of approximately 650 feet to its termination. • 2. Limitation on Lands to be benefitted by Easement. This Easement may be used only as a roadway for access to Grantee's operations on two parcels of land located in the County of Garfield, State of Colorado, lying east of the CRE Property, which parcels are located in Sections 1, Township 6 South, Range 93 West of the 6th P.M. and which parcels total approximately 40 acres in size with a highway address of 028588 Highway 6 & 24 (collectively the "Chambers Property") and shall not be used for access to any other lands. 3. Limitations on Use. This Easement will only be used for vehicular access and for no other purpose including, without limitation, utility lines or services. 4. Railroad Crossing Permit and Right of Access. Prior to any use of this Easement, Grantee shall obtain a Railroad Crossing Permit from the Union Pacific Railroad and shall furnish a copy of such permit to Grantor. F:\B 8 B\Colorado Riven Edge LLC\Temporary Easement Agreement.wpd Page 2 of 5 10 • • Please Insert Recording Information Here 5. Term. This Easement will terminate and Grantee's interest in this right of way will end at the earlier of the following occurrences: a. The sand and gravel resources on the Chambers Property are exhausted; b. The mining permit for the Chambers Property is terminated; c. Grantee obtains an alternate access to the Chambers property; or d. The Railroad Crossing Permit is suspended, terminated or no longer in force for any reason whatsoever. 6. Construction and Maintenance of Easement Improvements. Construction, maintenance, modification, inspection, repair, replacement, substitution, relocation and removal of all improvements in this Easement shall be the sole responsibility and expense of Grantee. Grantee agrees to use all ordinary and reasonable care to maintain this Easement in a safe condition, and with due diligence to avoid as much as possible any interference with any other interest in the CRE Property and to adjacent real property. 7. Indemnity. Grantee shall protect, defend, indemnify and hold Grantor, its agents, employees, and lenders, if any, harmless from and against all liabilities, loss, claims, damages, costs, and expenses of whatever nature or type (including, without limitation, reasonable attorneys' fees) imposed upon or incurred by or asserted against Grantor or the CRE Property arising out of or in connection with any and all utilization, occupancy or activity on this Easement whether the same arises from or through Grantee's employees, agents, customers, invitees, agents or any other person gaining access to this Easement or any failure by Grantee to perform or comply with any of the terms of this Easement, it being agreed that this indemnity shall be interpreted in the broadest fashion to cover any direct or indirect claim or occurrence. If any action, suit or proceeding is brought against Grantor by reason of any such occurrence, Grantor shall immediately notify Grantee of such action, suit or proceeding and Grantee shall have the right, at its expense and provided Grantee acknowledges in writing its obligation to indemnify Grantor against such matter, to assume the defense of such action, suit or proceeding, or cause the same to be resisted and defended by counsel selected by Grantee with Grantor's approval, not to be unreasonably withheld or delayed. 8. Rights of Grantor. Grantor, Grantor's successors and assigns, reserve the right to use and enjoy this Easement, to the fullest extent possible so long as such use does not unreasonably F:\B B B1Cobrsdo Rivers Edge LLC\Temponry Easement Agtecment.wpd Page 3 of 5 • • 4o, • Please Insert Recording Information Here interfere with the exercise by Grantee of Grantee's rights granted herein. Grantor further reserves the right to assign and convey to others Grantor's rights to use this Easement, subject to Grantee's rights as granted herein. 9. Notices. Any notice required or permitted herein shall be deemed delivered upon hand delivery or five (5) days after deposit in the United States mail, postage prepaid, certified or registered, addressed to the party intended, at the party's address as set forth in the records of the Garfield County Assessor's office. 10. Applicable Law. This Agreement shall be construed in accordance with, and the rights of all parties hereto shall be governed by, the laws of the State of Colorado. 11. Severability. In the event any part of this Agreement is found to be void, the remaining provisions of this Agreement shall nevertheless be binding with the same effect as though the void part was deleted. 12. Modification and Waiver. This Agreement, including any exhibits, constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 13. Captions. The captions for the articles and sections of this Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. 14. Default. In the event of a default or breach by either party hereto of any of the terms, covenants and conditions hereof, the other party shall be entitled forthwith to full and adequate relief by injunction or by all other available legal and equitable remedies from the consequences of such default or breach. All costs and expenses caused by or relating to such default or breach, including reasonable attorneys' fees and costs, whether incurred before or after suit, shall be assessed against and be the responsibility of the defaulting party and shall be recovered by the non -defaulting party. The remedies provided herein shall be cumulative and not exclusive. FAB B B\Cobrado Riven Edge LLC1Temporary Easement Agreome,Lwpd Page 4 of 5 Please Insert Recording Information Here 15. Binding Effect. All covenants, conditions, promises and provisions of this agreement shall be deemed to be covenants running with the land and shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. 1N WITNESS WHEREOF, this Agreement has been executed and delivered the day and year first above set forth. GRANTOR: Colorado Rivers Edge LLC GRANTEE: United C i i panies of Mesa County, Inc. STATE OF d0 /b ra‘=QD COUNTY OF`Se.. p,R�y ,ell Iit 21 VI . GENEVIi EVE M. BLECHA T.y %. / 0 I 1'%c, OF co' — By: The foregoing was acknowledged before me this74-t1 day of t ekyk.e % , 200 c Bailey as Manager of Colorado Rivers Edge LLC. • STATE OF ESS my hand and official seal. mmission expires: P/, A007 y O(((dO ) ) ssCOUNTY OF �e-`t ) z� GIP( /1 "4 .2 Notary Public The foregoing was acknowledged b fore me this 6411 day of /�df�, er' 2005, by (/ `zt i+1 i e r lty as fires; de Jr} of United Companies of Mesa County, bic. WITNESS my hand and official seal. Ael, i i4 .t DO.) My commission expires: PR Y P�e�i F:\B B B\Cobr do Riva EdgCt. Eeaeui•. 1. M. BLECHA �r‘ r: v9` OF C O`'''''' t.wPd Notary Public Page 5 of 5 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Traffic & Safety Section 222 South 6`" Street, Room 100 Grand Junction, Colorado 61501 (970) 248-7230 May 18, 2004 Gregg Lewicke & Ass. Attn: Ben Miller 11541 Warrington Court Parker, CO 80138 Dear Mr. Miller Re: United Companies Existing Highway Access Located on Hwy 6D near RP 93.8 Right The existing United Companies highway access, located on Highway 6D near reference point 93.8 right, is a legal highway access. Conditions of use have not changed to warrant a new Highway Access Permit. It appears the new gravel mining development will not alter the existing traffic or cause a change in use. Therefore, a new Highway Access Permit is not required for this access. If I can be of any further assistance, please contact me at the office listed above. Sincerely, 12,44 -HD -40414,( Devin Drayton Region 3 Access Technician NdS^ : = T 900e7. OT " I -'l SETS9t'221=1' : "ON Xti.d Iii : WOdd 4 1100 LICENSE & PERMIT BOND • LIBERTY BOND SERVICES Bond Number: 14-040-531 KNOW ALL MEN BY THESE PRESENTS, that we OLDCASTLE SW GROUP, INC. DBA UNITED COMPANIES OF MESA COUNTY as Principal, (the "Principal"), and LIBERTY MUTUAL INSURANCE COMPANY, a mutual company duly organized under the laws of the Commonwealth of Massachusetts, as Surety, (the "Surety"), are held and firmly bound unto GARFIELD COUNTY, 108 8TH STREET, STE. N' GLENWOOD SPRINGS, CO 81601 as Obligee, (the "Obligee"), in the penal sum of TWENTY-ONE THOUSAND EIGHT HUNDRED FIFTY AND NO/100 Dollars ($21,850.00), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has been granted a CONDITIONAL USE PERMIT FOR GLEN'S PIT (description of license or permit) NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall indemnify and save harmless the Obligee against loss to which the Obligee may be subject by reason of the Principal's breach of any ordinance, rule or regulation relating to the above described license or permit, then this obligation shall be null and void; otherwise to remain in full force and effect. PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT: 1. The liability of the Surety hereunder shall in no event exceed the penal sum of this bond as stated above, regardless of the number of years this bond shall continue in force. 2. This obligation may be canceled by the Surety by giving thirty (30) days notice in writing of its intention to do so to the Obligee, and the Surety shall be relieved of any further liability under this bond thirty (30) days after receipt of said notice by the Obligee, except for defaults occurring prior thereto. 3. Any claims must be presented in writing to Liberty Mutual Insurance Company to the attention of Liberty Bond Services, Claim Department, 450 Plymouth Road, Ste. 400, Plymouth Meeting, PA 19462-1644. DATED as of this 29TH day of JUNE, 2006. WITNESS/EST: 1 LBS -6500 OLDCASTLE SW 9ROUP, INC. DBA UNITED COMPANIE %' - 'A COUNTY (Seal) Principal B eaCn�y itle: I/,ec, 1%.j-/ , .7L LIBERTY MUTUAL INSURANCE COMPANY Surety (Seal) Rev ;c,.; THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 1945084 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY O Q. 4) CO C CO rzo 'ate cs d. 0 ca C13 'y 03- d O L 0 o� c c+ -o. co co co IU • L tC o E4 O L 0-e; N k. O L: Zc�i KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company'), a Massachusetts stock insurance company, pursuant to and by authority of the Bylaw and Authorization hereinafter set forth, does hereby name, constitute and appoint TINA DAVIS, MARCINDA D.RYSDALE, DERIK STEVENSON, ALL OF THE CITY OF SALT .LA. KE CITY, STATE OF UTAH .. , each individually if there be more than one named, its true and lawful attorney -m- act to make execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, am and alt undertakings, bonds, recognizances and other surety obligations: in the penal sum not exceeding SEVENTY FIVE MILLION AND 00/100* ****************** DOLLARS ($ 75,000,000.00*****`: ) each, and the execution of such undertakings, bonds; :recognizances and other surety obligations in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed. by the president: and: attested by, the secretary ofthe Company in: their own proper persons. That this power is made and executed pursuant to and: by authority.of the:following By-law and Authorization ARTICLE XIII = Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal,: acknowledge anddeliver as -surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the: limitations set forth in their respective powers of attorney, shall have fullpower to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -In -fact: Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety anyand all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. ITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of rty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 12th day of May 2006 COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY LIBERTY MUTUAL INSURANCE COMPANY By L9 G/ - Garnet W. Elliott, Assistant Secretary On this 12th ` day of May 2006 before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attomey and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WH cam unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. t7tdYY CERTIFICATE 'G.E7MMONWERLT140 PENN$Yt.VANIA Seal TaigaPastota, NAY Riad' etYR*0/tiatit,14onagorraay amity My 0:0)aistiiitoexpkesMar.28, dombgF*arineyfvanla As mica at Nmadaa I/ By Ter sa Pastella, Notary Public_. • I, the undersigned, Assistant ecretaryof Liberty Mutual Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy„ is in full force and effect on the date of this:. certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company: This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. 1 VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, thaw 6 hereunto subscribed my name and affixed the corporate seal of the said company, this 29TH day of Z UU By /r David M. Carey, Assiant Secretary • • • United Companies (wo COMPANIES GLEN'S PIT SUBSTITUTE WATER SUPPLY PLAN GARFIELD COUNTY, COLORADO November 2005 PREPARED BY Greg Lewicki And Associates, PLLC 11541 Warrington Court Phone: (303) 346-5196 Fax (303)-346-6934 Parker, CO USA 80138 info(a Iewickibiz • • • Introduction This report has been prepared for Oldcastle SW Group, Inc. dba United Companies in support of a Substitute Water Supply Plan for the Glen's Pit near Rifle, Colorado. United Companies has right of entry to mine in a combined 35.51 acres from 3 different parcels along the Colorado River approximately 1 mile east of Rifle. The owners of the parcels are Yvonne, Flint, and Kenneth Chambers. The property has historically been used as irrigated fields, but of recent has been left fallow. Upon reclamation of Glen's Pit, a 17.52 acre lake will be created. After the industrial water consumption, which mining will create, is completed, the water will be used for a wildlife area and recreation. It is planned that there will be one gravel pit with a total exposed water surface area of 17.52 acres upon completion of the gravel mining operation. Call records on the Colorado River show that out of priority depletions generally occur only during the period from April 16 through October 31, according the May 11, 2005 letter to Brent Kerr from Division of Water Resources regarding the expansion to the Scott Pit, which has been enclosed at the end of this report. Mining Operation Mining will occur adjacent to the Colorado River, but outside of the 100 year floodplain, and will be actively mined for approximately 2.8 years. The Glen's Pit will be approximately 25 feet deep with an exposed water surface area of approximately 17.52 acres at build -out. It is anticipated that of the total 740 thousand tons of gravel mined, 385 thousand tons will be mined below the water table. Appendix A contains maps of the reclaimed lake surface as well as a general location map. The Glen's Pit is located in the SE quarter of the NE quarter of Section 11, T6S, R93W of the 6th P.M. The center of Glen's Pit will be located 480 feet from the east section line and 1950 feet from the south section line in Section 11. The total volume of water stored in the Glen's Pit will be 203 acre-feet or 327,500 cubic yards. Plan for Augmentation The Colorado River is considered over appropriated to the east of Rifle. Since mining will occur year round, a Substitute Water Supply Plan has been developed. Depletions Two scenarios exist for depletions: • • 1. During Mining During the mining phase, losses will occur in five areas: Annual evaporative depletion from 2.57 acres of exposed water surface in the sediment pond is calculated to be 7.726 acre-feet. Depletions for evaporation from the sediment pond can be seen in Table 3, Sediment Pond Evaporation. Depletions for moisture lost in the mined material has been calculated to be 4% of the material mined below the water surface level. It is estimated that 265,200 tons of material will be mined below the water table per year. Assumptions are that mining will occur year round for a 2.8 year period. It has been calculated that moisture will be lost in the mined material in the amount of 0.65 acre-feet per month with a total of 7.80 acre-feet per year. Depletions for moisture in mined material can be seen in Table 5, Mining Water Balance. Washing operations at the Glen's Pit consume some water. Past experience in the area has shown that washing operations consume approximately 500 gallons per day. Typically washing operations take place 4.2 months of the year between May and September. For May through August, there is an average of 22 working days per month, while in September, there are only 5. Converting to acre-feet, approximately 0.143 acre-feet per year will be allocated to dust control, or 0.034 acre-feet per month for May through August and 0.008 acre-feet for September. Depletions for washing operations can be seen in Table 5, Mining Water Balance. Asphalt Plant operations at the Glen's Pit consume some water. Past experience in the area has shown that washing operations consume approximately 500 gallons per day. Typically washing operations take place 4.2 months of the year between May and September. For May through August, there is an average of 22 working days per month, while in September, there are only 5. Converting to acre-feet, approximately 0.143 acre-feet per year will be allocated to dust control, or 0.034 acre-feet per month for May through August and 0.008 acre-feet for September. Depletions for asphalt plant operations can be seen in Table 5, Mining Water Balance. Concrete operations at the Glen's Pit consume some water. Past experience in the area has shown that washing operations consume approximately 3,000 gallons per day. Typically washing operations take place 4.2 months of the year between May and September. For May through August, there is an average of 22 working days per month, while in September, there are only 5. Converting to acre-feet, approximately 0.856 acre-feet per year will be allocated to dust control, or 0.046 acre-feet per month for May through August and 0.008 acre-feet for September. Depletions for concrete plant operations can be seen in Table 5, Mining Water Balance. Dust will be controlled by water. Past experience in the area has shown that dust control for roads consumes approximately 3,000 gallons per day, for an average of 22 days per month. Converting to acre-feet, approximately 2.431 acre-feet per year will be allocated to dust control, or 0.203 acre-feet per month. Depletions for dust control can be seen in Table 5, Mining Water Balance. Total annual depletions from the gravel mining operations are estimated to be 19.098 acre-feet per year during the mining phase, with 12.977 acre-feet per year being out of priority depletions. Total annual depletions can be seen in Table 5, Mining Water Balance. 2. After Mining Once mining has completed, the only loss will be an evaporative loss from the exposed water surface which the gravel mining operation creates. Annual evaporative depletion at mining completion from 17.52 acres of exposed water surface at the Glen's Pit is calculated to be 52.67 acre-feet, with 42.91 acre-feet being out of priority. Table 4 located in Appendix B shows calculations of evaporative depletions from the reclaimed lake at Glen's Pit. Table 6 shows the Post Reclamation Water Balance. Total out of priority annual depletions from the gravel mining operations are estimated to be 42.91 acre-feet during the post mining phase of the operation. Credits The only credits which will be claimed for the Glen's Pit is for the precipitation in the area. As seen in Table 1, the monthly precipitation has been taken into account versus the monthly evaporation. Operation of Plan for Augmentation The Colorado River is over appropriated during the period of April 16 through October 31. Flint and Kenneth Chambers own a very senior water right in the Grand River Ditch which will be used to replace evaporative and mining depletions for all out of priority depletions. During times of valid downstream calls on the Colorado River, water will be diverted back into the river system to replace out of priority depletions at Glen's Pit. The maximum amount of water which will be diverted will be 42.91 acre-feet annually. • 1 1 1 a Appendix B Table 1: Gross Evaporation Table 2: Grand River Ditch Water Available Table 3: Sediment Pond Evaporation Table 4: Reclaimed Lake Evaporation Table 5: Mining Water Balance Table 6: Post Reclamation Water Balance (Worst Case) • • • k . _ £2 a § c. } . Gross Evaporation o q § & r » — Cr: CR ken 2Z /$ A] .§ Gross Evaporation I Inches s&QRa-Qa'r000 \CAtm«ONogk0N-0 oa—rw«�««w-6m Effective Monthly Precipitation Inches 0.672 0.630 0.742 0.777 0.826 0.609 0.728 0.721 o 0.714 0.742 Monthly Precipitation Tables (inches) 0.960 0.900 1.060 1.110 1.180 0.870 1.040 1.030 aea 2 2 1.020 1.060 @ § Monthly Evaporation j _ 1.350 1.575 2.475 4.050 5.400 6.525 6.750 6.075 4.500 3.150 k§ .1 .4 45.000 Monthly Evaporations Distribution 0.030 0.035 0.055 0.090 0.120 0.145 0.150 0.135 0.100 0.070 0.040 0.030 \ )\}�\�kf±)/ )t.}} \kj22 (Total • • • Table 2 United Companies Glen's Pit Grand River Ditch Water Available Table Shares United Owns' Total Shares in Ditch2 Total Water3 CFS United Owns4 Acre-feet per day Active Ditch Dates6 4.5 270.0 70.4 cfs 1.174 cfs 2.33 acre-feet/day 4/21 through 10/31 1 Enclosed Letter from Grand River Ditch Company 2 Enclosed Letter from Grand River Ditch Company 3 Water Diversion Records from Colorado Division of Water Resources Website. Based on average flow, not adjudicated. 4 Fraction of United's shares to total shares times Total Water 5 Conversion of cfs to acre-feet per day 6 Discussions with Ditch Company, DWR Diversion Records 7 Number of days in month during active ditch dates multiplied by acre-feet per day United Own Water from Grand River Ditch Shares Acre-feet January 0.00 February 0.00 March 0.00 April 20.95 May 72.18 June 69.85 July 72.18 August 72.18 September 69.85 October 34.92 November 0.00 December 0.00 Total 1 412.10 1 Enclosed Letter from Grand River Ditch Company 2 Enclosed Letter from Grand River Ditch Company 3 Water Diversion Records from Colorado Division of Water Resources Website. Based on average flow, not adjudicated. 4 Fraction of United's shares to total shares times Total Water 5 Conversion of cfs to acre-feet per day 6 Discussions with Ditch Company, DWR Diversion Records 7 Number of days in month during active ditch dates multiplied by acre-feet per day United Own • • i Table 3 United Companies Glen's Pit Sediment Pond Evaporation Surface Area (acres) Annual Gross Evaporation (acre-feet)2 2.57 7.726 1 Area of Maximum Sediment Pond Surface from computerized survey 2 Total from chart below 3 Gross Evaporation from Table 1 4 Gross Evaporation times acres dived by 12 to convert to acre feet Gross Evaporation3 Monthly Gross Evaporation Inches Acre-feet January 0.678 0.145 February 0.945 0.202 March 1.733 0.371 April 3.273 0.701 May 4.574 0.980 June 5.916 1.267 July 6.022 1.290 August 5.354 1.147 September 3.653 0.782 October 2.233 0.478 November 1.086 0.233 December 0.608 0.130 Total I 36.075 7.726 1 Area of Maximum Sediment Pond Surface from computerized survey 2 Total from chart below 3 Gross Evaporation from Table 1 4 Gross Evaporation times acres dived by 12 to convert to acre feet • • • Table 4 United Companies Glen's Pit Reclaimed Lake Evaporation Surface Area (acres) Annual Gross Evaporation (acre-feet)2 17.52 52.670 1 Area of Reclaimed Lake Surface from computerized survey 2 Total from chart below 3 Gross Evaporation from Table 1 4 Gross Evaporation times acres dived by 12 to convert to acre feet Gross Evaporation3 Monthly Gross Evaporation4 Inches Acre-feet January 0.678 0.990 February 0.945 1.380 March 1.733 2.530 April 3.273 4.779 May 4.574 6.678 June 5.916 8.637 July 6.022 8.792 August 5.354 7.817 September 3.653 5.333 October 2.233 3.260 November 1.086 1.586 December 0.608 0.888 Total I 36.075 52.670 1 Area of Reclaimed Lake Surface from computerized survey 2 Total from chart below 3 Gross Evaporation from Table 1 4 Gross Evaporation times acres dived by 12 to convert to acre feet Total Depletions • • • { ! ) § § 0 ON 8- 8 4 co 001 CO so ! Road Dust Control ) 00 ci 0.371150833 0.979598333 1.289711667 } 0.782350833 0.478234167 0.130213333 / G $ f \ 2 72, } \ \ F 110 rei @ / Water from Grand River Ditch Shares iros o 01 \ \ 2 \ \ 7.1 • • • Table 6 United Companies Glen's Pit Post Reclamation Water Balance Table (Worst Case) 1 From Table 4 2 Total of Depletions 3 Out of Priority Depletions between April 16 and October 31, source DWR letter to Brent Kerr on Scott Expansion May 11, 2005 4 Total Depletions from Table above 5 From Table 2 6 Total depletions minus Water from Grand River Ditch Shares if depletions is more than water available 7 Water from Grand River Ditch Shares minus Total depletions if water available is more than depletions Depletions Water from Grand River Ditch Shares' Gross Evaporation' Total Depletions' Out of Priority Depletions; Acre-feet Acre-feet Acre-feet January 0.990 0.990 0.000 February 1.380 1.380 0.000 March 2.530 2.530 0.000 April 4.779 4.779 2.389 May 6.678 6.678 6.678 June 8.637 8.637 8.637 July 8.792 8.792 8.792 August 7.817 7.817 7.817 September 5.333 5.333 5.333 October 3.260 3.260 3.260 November 1.586 1.586 0.000 December 0.888 0.888 0.000 Total Depletions 52.670 52.670 42.907 1 From Table 4 2 Total of Depletions 3 Out of Priority Depletions between April 16 and October 31, source DWR letter to Brent Kerr on Scott Expansion May 11, 2005 4 Total Depletions from Table above 5 From Table 2 6 Total depletions minus Water from Grand River Ditch Shares if depletions is more than water available 7 Water from Grand River Ditch Shares minus Total depletions if water available is more than depletions Out of Priority Depletions4 Water from Grand River Ditch Shares' Augmentation Required Additional Water Available from Grand River Ditch Acre-feet Acre-feet Acre-feet Acre-feet January 0.000 0.000 0.000 0.000 February 0.000 0.000 0.000 0.000 March 0.000 0.000 0.000 0.000 April 2.389 20.954 0.000 18.565 May 6.678 72.176 0.000 65.498 June 8.637 69.848 0.000 61.211 July 8.792 72.176 0.000 63.384 August 7.817 72.176 0.000 64.359 September 5.333 69.848 0.000 64.515 October 3.260 34.924 0.000 31.664 November 0.000 0.000 0.000 0.000 December 0.000 0.000 0.000 0.000 Total 42.907 412.103 0.000 369.196 1 From Table 4 2 Total of Depletions 3 Out of Priority Depletions between April 16 and October 31, source DWR letter to Brent Kerr on Scott Expansion May 11, 2005 4 Total Depletions from Table above 5 From Table 2 6 Total depletions minus Water from Grand River Ditch Shares if depletions is more than water available 7 Water from Grand River Ditch Shares minus Total depletions if water available is more than depletions Appendix C Grand River Ditch Diversion Records Letter from Grand River Ditch Company Annual Accounting Sheet Letter from Division of Water Resources • • • • • Structure Summary For: Grand River Ditch Q C° E- rn t� O CO H O 0cD. c w to co p O r- c a 0 UJ O 17 D o c (0 C7Z o w Z Q N 2 r C) a C.5 a Q t CL q v 0 an w 2 m CO�O IX C w 0 0) 1- 2 O H ~ Q N u) < r 0. co r -) a o U Q1} -O Ho 0 0 wCC �LU a �o- J Z _ U J m > Z O ;',L-; E W O0> 0 Q > >> a p to 0 wO p 2w0 C U)jci 0 011 W O�Qn H C 0 w U H E p N- �'t ZOg(�n Eetso Fc in o 0 0 c o L's O V O N m O SNE uE cis 0 co Z� 0a))C°) Y a O 0rnN wQOQ 00ax V Om i UU CCi UW( CCCCCC 2,- Z W O O a_1 = H O m Q O Q� f co O DilE.O rnU tY o( ) a c•- c°H>> f wo Z QWd0 0 >>>>>>>>>>>>>>> co r- Cs m Cs Cs Cs Cs Cs Cs CO CO m as CO CO m C (7)(4g 19O n j Q 0 O N 0 C C C C C C C c G C C C G C C C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 EEEEEEEEEEEEEEEE EEEEEEEEEEEEEEEE O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 T (6 x '0 10 73 17'0 17 17 10 71 17 10 17 10 71 17 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ,- D C)0000000000000000 p o C) C) C) 0 0 C) C) C) C) a) 0 C) d 0 C) 0 o° a J 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a a a a a a a a a a a a a a a CO CO m m CO Cs CO CO m m m CO m CO CO Cs IP No GIS irrigated acn O W cc Lu w C C C C C C C C C C C C C 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 > > > > > > > > > > > > > 17 17'0 0 =o a =o =o a 0 .0 0 0 0 0 0 0 0 0 0 0 0 0 0 O Z Z Z Z Z Z Z Z Z Z Z Z Z No diversion No diversion No diversion CO t� CO (3) 0 N C') (0 (O P CO O) 0 LO 1.0 CO L0 CO O) O) O) Q) O) a) 0) a) O) a) O) CO O) 0) O) 0) O) • • • CDOt- CD O Tr N OD N COL O OD O d' M N_ h 7 O O CO CO M Tr M OU)OOMMO Cn CD NTt OMCO CD rs Ofl hOM Tr st t` CO CO 01 r- O Mh CO Cfl CO 00 O N O CO O Tr Mtn OD O N O r Tr CD V M OD N U) r- M CO N t- O M r- O CO O Tr h O M t` O 00 CO N r r N r r r N r r N N r r r N r N N r N N r N r r Tr n r co M M M O M N N O O 0) NOh0 CD .... 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