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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.barfield-county.com Special Use Permit GENERAL INFORMATION (To be completed by the applicant.) ➢ Street Address / General Location of Property: 21630 Highway 6 & 24, Rifle, CO (Clough Industrial Park) ➢ Legal Description: Parcel located in Sec, 23, Township 6 South, Range 94 West of the 6th P.M. r. Existing Use & Size of Property in acres: Commercial Park, .10,65 acres ➢ Description of Special Use Requested: Construction of storage silos in excess of zone district height limitation y Zone District: RL/UL/DWC ➢ Name of Property Owner (Applicant): Unimin Corp, Lessee (Union Pacific ➢ owner) Address: 258 Elm Street Telephone: 203/966.,8886 r City: New Canaan State: CT Zip Code: 06840 FAX: 203/966- 3453 > Name of Owner's Representative, if any (Attorney, Planner, etc): Scott Balcomb, Balcomh & Green, P.C. Y Address: 818 Colorado Avenue Telephone: 945-6546 ➢ City: Glenwood Springs State: CO Zip Code: 81601 FAX: 945-8903 STAFF USE ONLY ➢ Doc. No.: Date Submitted: TC Date: ➢ Planner: Hearing Date: c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. 5. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statements above and have provided the required attached information which is c rrec and accurate to the best of my knowledge. lam. -/frk ( ig tufe of applicant/owner ) Last Revised: 02/2006 Louis R. theondrea Vice Pre nt/Dt 'tofu , EDWARD MULHALL, JR. SCOTT BALCOMB LAWRENCE R. GREEN TIMOTHY A. THULSON DAVID C. HALLFORD CHRISTOPHER L. COYLE THOMAS J. HARTERT CHRISTOPHER L. GEIGER SARA M. DUNN DANIEL C. WENNOGLE SCOTT GROSSCUP BALCOMB & GREEN, P.C. ATTORNEYS AT LAW P.O. DRAWER 790 818 COLORADO AVENUE GLENWOOD SPRINGS, COLORADO 81602 VIA HAND DELIVERY Mr. Fred Jarmon Garfield County Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 TELEPHONE: 970.945.6546 FACSIMILE: 970.945.8902 www.balcombgreen.com June 15, 2007 KENNETH BALCOMB 1 920-2005 OF COUNSEL: JOHN A. THULSON 17, �I✓ft ?1� Z J iL/ JUN 1 5 2007 Re: Special Use Permit Application for construction of structures in excess of zone district height limitation to be located west of City of Rifle, Garfield County, Colorado Dear Fred: NTy LAI ,'.:ip G Please accept this Special Use Permit Application filed on behalf of Unimin Corporation for the construction of storage silos to be located west of the City of Rifle, in unincorporated Garfield County. The purpose of this letter is to provide the necessary supporting documentation for the project. Attached are the documents referenced in this letter, Special Use Permit Application Form together with the permit application fee of $400.00. 1. Summary of Application. The purpose of this Special Use Permit Request is to allow for the construction of a three silos within an existing industrial park. Unimin presently uses, and has used, this property to unload sand from rail cars since 1996 where it is then transported off-site in customer's trucks for use by the oil and gas industry. Prior to Unimin's lease of the Property, another company used the site to unload sand from rail cars for a number of years. There will be no change in how the property is used or in vehicle traffic from its current use. While the use of this property is presently regulated by the terms of a special use permit, a separate special use permit • • BALCOMB & GREEN, P.C. ATTORNEYS AT LAW June 15, 2007 Page 2 is required because the proposed structure height exceeds the 40 -foot height limitation for the Drinking Water Constraint overlay zone district. 2. Nature and Character of Special Use. Unimin has leased approximately 10.65 acres of land from the Union Pacific' Railroad ("Property"). This land is located west of the City of Rifle in an existing industrial park and is zoned Resource Lands / Valley Floor. The property also lies within the Drinking Water Constraint overlay that has a maximum height limitation on structures of 40 feet unless otherwise permitted by a special use permit. § 3.14.07.2 The Property is located on the south side of an existing rail spur. Several storage silos are erected on various other properties adjacent to the location where Unimin is presently proposing to construct the storage silos. These properties generally serve as staging areas and by and large provide areas for unloading, material handling and storage of materials used by the oil and gas industry as well as building and construction materials. Attached as Exhibit A is a survey of the land leased by Unimin and legal description of the property owned by the Union Pacific. We are in the process of developing a legal description of the property leased by Unimin and will supplement this application once that survey is complete. Attached as Exhibit B is a copy of a title commitment policy and deed to show ownership in the Property, and Exhibit C is the lease agreement between Unimin and the Union Pacific Railway and letter authorizing Unimin to proceed with this Application. We might note that this lease agreement limits Unimin's use of the property to the transferring of silica sand from rail to truck. On August 5, 1980, the Garfield County Board of County Commissioners approved a special use permit for the Property to allow a commercial park as defined in section 2.02.405 of the Garfield County Zoning Resolution of 1978.3 Exhibit D. This ' The Union Pacific and Southern Pacific Railroads merged in 1998. 2 Arguably, a special use permit is not required. Section 5.06.01 of the Garfield County Zoning Resolution states that "noninhabitable building appurtenances" are exempt from height limitations including those imposed by the drinking water constraint zone. This application is for a noninhabitable building a storage silo. 3 This section states: "Park, Commercial: A structure or a group of structures whose use shall be limited by special use permit to specified uses involving sales or services and otherwise permitted by • • BALCOMB & GREEN, P.C. ATTORNEYS AT LAW June 15, 2007 Page 3 Resolution No. 80-178 imposed several conditions upon the uses within the tract of land and provided that the property may be used for material handling, storage areas, and other related uses and includes the present uses. Unimin Corporation is producer of industrial minerals, which are used in part in the development of oil and gas resources in Garfield County, Colorado. Unimin provides silica sand that is used by the energy industry for various purposes in the extraction of oil and gas resources. It presently delivers sand by rail to the property where it is then trucked off-site for use within the oil and gas industry. Unimin wishes to construct these three silos to store sand delivered by rail car. The structure will then be used to transfer the stored materials to vehicles for delivery off-site. The purpose for constructing the larger storage silos is to ease the loading and unloading of sand and to keep it covered and away from the elements. Presently, sand is unloaded via an elevator directly from the rail car. This can cause back-ups depending upon the number trucks lined up to fill with sand. Under the terms of Unimin's lease, it is only allowed to store sand at the site. Thus, there will be no storage of hazardous materials at the Property. A drawing of the proposed structure is attached as Exhibit E. The structure at its highest point will be approximately 132 feet tall. The three storage silos will be approximately 89 feet tall. The structures will be painted in neutral earth tones to blend in with the surrounding landscape and minimize the visual impact of the structure. A similar sized silo structure is located on the adjacent property as shown in the pictures of the area attached as Exhibit F. The proposed structure will fit within the general character of the surrounding area and will not interfere with adjacent uses. Unimin's present existing uses upon the Property are for material handling, staging areas and for storage of sand. These existing uses comply with the special use permit and definition of commercial park already in place for the Property. Once the silos are constructed, estimated traffic will not change from the existing patterns and permitted uses. Presently, approximately 250,000 tons of sand are delivered to the Property each year. right, conditional use or special use within the zone district in which the structure of group of structures is to be located. (A. 80-180)" • • BALCOMB & GREEN, P.C. ATTORNEYS AT LAW June 15, 2007 Page 4 Access currently exists to Highways 6 and 24 via a gravel road shared by the adjacent properties. No new access roads or improvements to existing roads are required. The site is presently used for unloading of materials transported by rail. The change here concerns the manner in which materials are stored, in silos that exceed the 40 -feet height limitation, not the type of activity that may occur. Thus, existing infrastructure is adequate to accommodate traffic volumes. The existing hours of operation are from 7:00 a.m. to 6:00 p.m. There are a maximum of two employees at the site. Existing power lines provide electric power from Xcel Energy. There is no sewer service and bathroom facilities are provided from porta-potty(ies) located on the Property. 3. Water supplies. As indicated above, the Property is located within the Drinking Water Constraint Zone. Drinking water is not a major component of this request. Bottled drinking water for employees is and will be delivered to the site. 4. Site plan map. Attached as Exhibit G is a proposed site plan map showing the location of the silos and how existing structures will be incorporated. 5. Adjacent property owners. Unimin is leasing only a portion of the property owned by the Southern Pacific Transportation Company identified as parcel no. 217523200141 by the Garfield County Assessor and shown as number 141 on Exhibit H. Interstate 70 and Highways 6 & 24 border this property to the north and the Denver and railroad right-of-way borders it to the south. Although the leased Property is enclosed within this parcel, we have reviewed the Assessor's database for the adjacent property owners and have found the following adjacent property owners or property owners within 200 feet: Parcel No. 217514402001 Rocky Mountain Baptist Church of Rifle P.O. Box 468 Rifle, CO 81650 Parcel No. 217514402002 Lacy Park North 55 County Road 317 Rifle, CO 81650-8455 BALCOMB & GREEN, P.C. ATTORNEYS AT LAW Parcel No. 217523300963 Parcel No. 2175231000142 Parcel No. 217523400029 Parcel Nos. 217521100022 217522100140 217523200026 217524200028 Right of Way for Interstate 70 & Highways 6 & 24 Parcel No. 217523200141 (Subject Property and railroad right-of-way) June 15, 2007 Page 5 Bureau of Land Management P.O. Box 1009 Glenwood Springs, CO 81602-1009 Complete Energy Services LLC 14450 JFK Boulevard, Suite 400 Houston, TX 77032 Youberg Beaver Creek Ranch c/o Dr. David R. Youberg 215 South 10th Street Sac City, IA 50583 W.F. Clough P.O. Box 686 Rifle, CO 81650 Colorado Department of Transportation 4201 E. Arkansas Ave. Denver, Co 80222 Southern Pacific Transportation Company 1400 Douglas Stop, #1640 Omaha NE 68179-0160 Union Pacific Railroad 1400 Douglas Stop St. Omaha NE 68179-1610 BALCOMB & GREEN, P.C. ATTORNEYS AT LAW June 15, 2007 Page 6 Therefore, on behalf of Unimin Corporation, we are requesting a special use permit for the sole purpose of building a structure in excess of the Drinking Water Constraint Zone overlay district's height limitation. We would also request that this special use permit request be referred directly to the Board of County Commissioners. Very truly yours, BALCOMB & GREEN, P.C. By: Enclosures Scott Balcomb Scott Grosscup EDWARD MULHALL, JR. SCOTT BALCOMB LAWRENCE R. GREEN TIMOTHY A. THULSON DAVID C. HALLFORD CHRISTOPHER L. COYLE THOMAS J. HARTERT CHRISTOPHER L. GEIGER SARA M. DUNN DANIEL C. WENNOGLE SCOTT GROSSCUP JORDAN MAY • • BALCOMB & GREEN, P.C. ATTORNEYS AT LAW P. 0. DRAWER 790 818 COLORADO AVENUE GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: 970.945.6546 FACSIMILE: 970.945.9769 www.balcombgreen.com T R A N S M I T T A L To: Craig Richardson From: Scott Grosscup ; 'AO Date: August 7, 2007 Re: Application of Uninim KENNETH BALCOMB (1 920-2005) OF COUNSEL: JOHN A. THULSON Craig: Attached are copies of drawings for the Unimin silos as discussed. Please let me know if you need more drawings or in another format. o"A !WS CRAM. IS ME QV PIE ENOWMP. It HAS BEEN peraleg A. _ P£ USED FOP PUSE. l _ O LACY MO lE EIMs $*NG. PIC. UNIMIN CORPORATION RIFLE, COLORADO SAND UNLOADING TERMINAL PERSPECTIVE VIEW ELACY & EBELING ENGINEERING INC. FAX: 006) 161-4021 TEL (406) 161-1096 BA6. LE-ENCAI.C-ENGCOM MAI FILLS. MX0A$A • • BooX0888 ,!c; 027 IN WITNESS WHEREOF, Grantor has caused these presents to be executed in duplicate this 23th day of December, 1993. GRANTOR Rio Grande Land Company Title: Its Vice Pres -,- Attest: Attest:%"'f✓�(/'J` .: � .,•••.;•._ • . Title: ASSISTANT SECRETAAV STATE OF CALIFORNIA ) ss. COUNTY OFSAN FRANCISCO O- C04ke /4'.q, before , eked- "_ . S./PD� Notary Public, personally appeared YA-Zbe 25/ (- 7;4. /20,,0A///e.,// personally known to me OR proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. braA,6-411,4_, KRW 154-41/sca-DRGW SignaMre of Notary Page 3 of 4 0 • B001(0888 028 Grantee hereby accepts this deed and agrees for itself, its successors and assigns, to be bound by the conditions and covenants set forth herein. Dated this 23th day of December, 1993. GRANTEE: Southern Pacific Transportation Company By::ISL G� Title: STATE OF CALIFORNIA PrLsidell ) ss. COUNTY OF SAN FRANCISCO ) On , ill ! f . , 9 , before m , %/9 J ./10E Notary Public, personally appeared ? .L. de 2,,eRf personally known to me OR proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. KRW I54.41/sca-DRGW SignaturW of Notary Page 4 of 4 • .5/V/ Iz -G-43 TRANSFER PARCEL NO. 41 EXHIBIT "A" Those certain parcels of land situated in the County of Garfield, State of Colorado, described as follows: PARCEL A: All the land as described in that certain Correction Deed dated June 25, 1965, from Cathedral Bluffs Shale Oil Company to Rio Grande Land Company, recorded July 22, 1985, in Book 672, Page 679, Records of said County. PARCEL B: All the land as described in deed dated December 15, 1986, from W. F. Clough to Rio Grande Land Company, recorded February 5, 1987, in Book 704, Page 977, Records of said County; also All the land as described in deed dated January 4, 1982, from Cathedral Bluffs Shale Oil Company to Rio Grande Land Company, recorded January 5, 1982, in Book 589, Page 899, Records of said County. G:\Floppy\SN:sw • • TOP BOX=5552.4 TOP TANK 5545.1 GROUND= 5503.2 70P BOX -5552.6 TOP TANK=5545.1 GROUND -'5503.4 C' TOP BOX= -5552.6 TOP TANK=5545.1 GROUND=5503.4 TOP BOX -5552.7 TOP TANK -5545.0 GROUND= 5603.4 OTOP BOX=5552.6 TOP TANK=5545.0 GROUND -5503.4 TOP BOX=5552.5 TOP TANK=6645.0 GROUND, ---5503.4 TOP BOX=5552.6 TOP TANK=5545,1 GROUND - TOP BOX=5552,6 TOP TANK=5545.0 GROUNDh6503.4 GREEN & YELL TANKS Exhibit G Site Plan • • 06/20/2007 11:34 9706253160 SEXTON SURVEY PAGE 02/02 • EX • I IT A UNIMIN LEASED PROPERTY DESCRIPTION A PARCEL OF LAND SITUATED IN SECTION 23, TOWNSHIP 6 SOUTH. RANGE 64 WEST OF THE 6TH P.M, BEING MORE PARTICULARLY DESCRIBED AS FOLLOW: BEGINNING AT A POINT 760 FEET EASTERLY OF RAILROAD MILE MARKER NUMBER 391 WHENCE SAID MILE MARKER BEARS S30°20' 23"W 954.14 FEET. WITH ALL BEARINGS RELATIVE TO S67°41'28"W BETWEEN RAILROAD MILE MARKERS 390 AND 391; THENCE N67°38'49"E 1160.00 FEET; THENCE S22°22'11" E 400.00 FEET; THENCE S67°38'49"W 1160.00 FEET; THENCE N22°22'11"W 400.00 FEET TO THE POINT OF BEGINNING SAID PROPERTY CONTAINS 10.65.* ACRES AS DESCRIBED. COUNTY OF GARFIELD, STATE OF COLORADO. 00.11 128 WES 37 STREET RIFLE c0.81650 625- 7111 9' 5-4700 A DATE ,LUNE 20, 2007 JOB NO 07062 RECEIVED TIME JUN. 20. 11:31AM • • Form PIB/ORT 4. The following documents affect the land: (continued) L 1 U Policy No. L'1'AQti30009UZ Our Order No. GW63000902 4. RIGHT OF WAY EASEMENT AS GRANTED TO MOUNTAIN STATES TELEPHONE AND TELEGRAPH BY W.F. CLOUGH BY DOCUMENT RECORDED FEBRUARY 2, 1977 IN BOOK 435 AT PAGE 167 UNDER RECEPTION NO. 276652. 5. OIL AND GAS LEASE BETWEEN FORREST C. MAHAFFEY AND EVA M. MAHAFFEY AND GMV COMPANY, A PARTNERSHIP, RECORDED NOVEMBER 1, 1973 IN BOOK 451 AT PAGE 333 UNDER RECEPTION NO. 260529 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTERESTS THEREIN. 6. OIL AND GAS LEASE BETWEEN GARRIS E. MAHAFFEY, EDWIN JOHN MAHAFFEY AND DONNA JOYCE MAHAFFEY AND GMV COMPANY, A PARTNERSHIP RECORDED NOVEMBER 1, 1973 IN BOOK 451 AT PAGE 334 UNDER RECEPTION NO. 260530 AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 7. OIL AND GAS LEASE BETWEEN THE FIRST NATIONAL BANK OF GRAND JUNCTION, CONSERVATOR OF THE ESTATE OF FREDA MAHAFFEY AND GVW COMPANY, A PARTNERSHIP, RECORDED NOVEMBER 1, 1973 IN BOOK 451 AT PAGE 337 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTERESTS THEREIN. 8. OIL AND GAS LEASE BETWEEN DEMA E. SMITH AND GVW COMPANY, A PARTNERSHIP RECORDED NOVEMBER 1, 1973 IN BOOK 451 AT PAGE 339 AND ANY AND ALL ASSIGNMENTS THEREOF OR INTEREST THEREIN. 9. OIL AND GAS LEASE BETWEEN VERA MAHAFFEY, MAUREEN MAHAFFEY FREDERICK, MARGARET MAHAFFEY GILBERT, AND MERRILL D. MAHAFFEY AND GVW COMPANY, A PARTNERSHIP RECORDED NOVEMBER 21, 1973 IN BOOK 452 AT PAGE 162 UNDER RECEPTION NO. 260793 AND ANY AND ALL ASSIGNMENTS THERE OF OR INTERESTS THEREIN. 10. OIL AND GAS LEASE BETWEEN THE FIRST NATIONAL BANK OF GRAND JUNCTION, A COLORADO CORPORATION, TRUSTEE, UNDER THE LAST WILL AND TESTAMENT ORVILLE V. MAHAFFEY AKA ORVILLE MAHAFFEY, DECEASED AND NORTHWEST EXPLORATIC COMPANY, RECORDED JANUARY 19, 1979 IN BOOK 521 AT PAGE 936 UNDER RECEPTION NO. 291582 AND ANYU AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 11. OIL AND GAS LEASE BETWEEN FIRST NATIONAL BANK OF GRAND JUNCTION, TRUSTEE FOR ALICE LOUISE MAHAFFEY AND NORTHWEST EXPLORATION COMPANY, RECORDED DECEMBER 14, 1979 IN BOOK 540 AT PAGE 990 UNDER RECEPTION NO. 300245 AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. Form PIB/ORT L. Policy No. LTAQ63000902 Our Order No. GW63000902 3. The land referred to in this Binder is situated in the State of Colorado, County of GARFIELD described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION 4. The following documents affect the land: 1. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MARCH 17, 1892, IN BOOK 12 AT PAGE 123 UNDER RECEPTION NO. 13678 AND RECORDED JANUARY 24, 1894 IN BOOK 12 AT PAGE 283 UNDER RECEPTION NO. 16842 AND RECORDED JUNE 26, 1899 IN BOOK 12 AT PAGE 514 UNDER RECEPTION NO. 21840. 2. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MARCH 17, 1892, IN BOOK 12 AT PAGE 123 UNDER RECEPTION NO. 13678 AS RECORDED JANUARY 24, 1894 IN BOOK 12 AT PAGE 283 UNDER RECEPTION NO. 16842 AS RECORDED JUNE 26, 1899 IN BOOK 12 AT PAGE 514 UNDER RECEPTION NO. 21840. 3. RIGHT OF WAY TO CONSTRUCT, OPERATE AND MAITAIN ELECTRIC TRANSMISSION OR DISTRIBUTION LINES AND APPURTENANCES AS DESCRIBED IN THAT CERTAIN RULE AND JUDGMENT RECORDED JULY 21, 1930 IN BOOK 161 AT PAGE 491 UNDER RECEPTION NO. 107673 AND EASEMENTS AS RECORDED FEBRUARY 15, 1963 IN BOOK 347 AT PAGE 193 UNDER RECEPTION NO. 220448 MARCH 18, 1899 IN BOOK 494 AT PAGE 430 UNDER RECEPTION NO. 277360. Land Title Guarantee Company Representing Old Republic National Title Insurance Company Form PIB/ORT PROPERTY INFORMATION BINDER L lig Policy No. L I AQ63000902 Our Order No. GW63000902 Liability: $50,000.00 Fee: $500.00 Subject to the exclusions from coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Binder, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY a Corporation, herein called the Company, GUARANTEES herein called the Assured, against loss, not exceeding the liability amount stated above, which the assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records as of April 13, 2007 at 5:00 P.M. 1. Title to said estate or interest at the date hereof is vested in: SOUTHERN PACIFIC TRANSPORTATION COMPANY, A DELAWARE CORPORATION 2. The estate or interest in the land hereinafter described or referred to covered by this Binder is: A Fee Simple Land Title Guarantee Company Representing Old Republic National Title Insurance Company Date: 05-29-2007 Property Address: BALCOMB & GREEN PO DRAWER 790 818 COLORADO AVE GLENWOOD SPRINGS, CO 81602 Attn: LISA Phone: 970-945-6546 Fax: 970-995-9769 Copies: 1 Email: Scott@balcombgreen.com Sent Via EMail Land Title Guarantee Company CUSTOMER DISTRIBUTION Our Order Number: GW63000902 If you have any inquiries or require further assistance, please contact Title Department Phone: 970-945-2610 Fax: 970-945-4784 Form DELIVERY.LP • • REC%7ED //'S6 O'CLOCK %}.M. REC # 4i7229 gFC 29 1993 MILDRED ALSOORF, GARFIELD COUNTY CLERK WHEN RECORDED MAIL TO: Southern Pacific Transportation Co. Real Estate Department (Suite 870) Southern Pacific Building One Market Plaza San Francisco, CA 94105 B0Ox0888 ,'MCF 025 At ),r 'e-) DEC 29 1993 Qua Lyo 1 RU ---7.513 GARFIELD State Doc. Fee $ c e)$o SPACE ABOVE THIS LINE FOR RECORDER'S USE DEED FOR GOOD AND VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Rio Grande Land Company, a Colorado corporation ("Grantor"), hereby sells and conveys unto Southern Pacific Transportation Company, a Delaware Corporation ("Grantee"), effective as of August 18, 1993, all of Grantor's right, title and interest in and to (a) the land located in the County of Garfield, State of Colorado, as more particularly (-6 described in Exhibit A attached hereto (the "Land"); (b) all buildings, structures and other '°T improvements on the Land, including all railroad tracks and related facilities (including rail and fastenings, switches and frogs, bumpers, ties, ballast, signaling devices and roadbed), and all structures and other improvements necessary for the use or support of any such railroad tracks or related facilities (including bridges, tunnels, culverts, grading, embankments, dikes, pavements and drainage facilities) (collectively, the "Improvements"); (c) all fixtures that V Grantor owns and uses in the operation and maintenance of the Land and the Improvements; and (d) all appurtenances to the foregoing property (the Land, the Improvements, such fixtures and such appurtenances being referred to herein collectively as the "Property"), and warrants title to the same against all persons claiming under Grantor, subject to the Permitted Exceptions (as defined in the Purchase and Sale Agreement, as defined below). Without limiting the foregoing, this grant is subject to, and allows Grantor to honor its grant and fulfill its other obligations as Grantor under, that certain Easement Agreement dated as of September 30, 1991, by and between Grantor and Southern Pacific Telecommunications Company, a Delaware corporation Grantee, and each subsequent owner of the Property, shall, promptly following any sale or lease of the Property, deliver, or cause to be delivered, to MCI Telecommunications Corporation, 1133 19th Street, N.W., Washington, D.C. 22036, Attention: Executive Vice President Engineering, the mailing address of the grantee or lessee. A "Iease" is a commercial or industrial Iease (but not a trackage rights agreement) which provides for a fixed initial term of at least one year and which requires 90 days or more notice for termination. KRW 154.41/sca-DRGW u i Val. See. coca V-6 Map - Sheet No. /0 Parcel No. ! Date 6-/2-. A— -Ply Page 1 of 4 • • C. If any improvement cn the Premises not belonging to Lessor is damaged or destroyed by fire or other casualty, Lessee shall, within thirty (30) days after such casualty, remove all deoris resulting therefrom, If Lessee fails to do so, Lessor may remove such debris, and Lessee agrees :o reimburse Lessor for all expenses incurred within thirty (30) days after rendition of Lessor's bill, D. Lessee sall comply with all governmental laws, ordinances, rules, regulations and orders relating to Lessee's use of the Premises. Section 7. HAZARDOUS MATERIALS, SUBSTANCES AND WASTES. A. Without tie prior written consent of Lessor, Lessee shall not use or permit the use of the Premises for the generat,on, use, treatment, manufacture, production, storage or recycling of any Hazardous Substances, except that Lessee may use (i) small quantities of common chemicals such as adhesives, lubricants and cleaning fluids in order to conduct business at the Premises aid (ii) other Hazardous Substances, other than hazardous wastes as defined in the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901, et seq., as amended ("RCRA"), :hat are necessary for the conduct of Lessee's business at the Premises as specified in Article I. The consent of Lessor may be withheld by Lessor for any reason whatsoever, and may be subject to conditions in addition to those set forth below. It shall be the sole responsibility of Lessee to determine whether or not a contemplated use of the Premises is a Hazardous Substance use. B. In no event shall Lessee (i) release, discharge or dispose of any Hazardous Substances, (ii) bring ary hazardous wastes as defined in RCRA onto the Premises, (iii) install or use on the Premises any underground storage tanks, or (iv) store any Hazardous Substarces within one hundred feet (100') of the center line of any main track. C. If Lessee Jses or permits the use of the Premises for a Hazardous Substance use, with or without '_essor's consent, Lessee shall furnish to Lessor copies of all permits, identification numbers and notices issued by governmenta, agencies in connection with such Hazardous Substance use, together with such other information on the Hazardous Substance use as may be requested by Lessor. If requested by Lessor, Lessee shall cause to be performed an environmental assessment of the Premises upon termination of the Lease and shall furnish Lessor a copy of such report, at Lessee's sole cost and expense. D. Without limitation of the provisions of Section 12 of this Exhibit B, Lessee shall be responsible for all damages, losses, costs, expenses, claims, fines and penalties related in any manner to any Hazardous Substance ase of the Premises (or any property in proximity to the Premises) by Lessee, its employees, agents, contractors, licensees or invitees during the term of this Lease or, if longer, during Lessee's occupancy of the Premises, regardless of Lessor's consent to such use, or any negligence, misconduct or s-rict liability of any Indemnified Party (as defined in Section 12), and including, without limitation, (i) any d ri;nution in the value of the Premises and/or any adjacent property of any of the Indemn fied Parties, and (ii) the cost and expense of clean-up, restoration, containment, remediatio-i decontamination, removal, investigation, monitoring, closure or post -closure. Notwithstanding the foregoing, Lessee shall not be responsible for Hazardous Substances (i) existing on, in or under the Premises prior to the earlier to occur of the commencement of the term of the Lease or Lessee's takirg occLpancy of the Premises, or (ii) migrating from adjacent property not controlled by Lessee, or (i i) placed on, in or under the Premises by any of the Indemnified Parties or by any third party other than Lessee, its employees, agents, contractors, licensees or invitees; except to the extent the Hazardous Substance or the contamination is exacerbated by any excavation or investigation undertaken by or at the behest of _essee. Lessee shall have the burden of proving by a preponderance of the evidence that any exceptiois of the foregoing to Lessee's responsibility for Hazardous Substances applies. E. In addition to the other rights and remedies of Lessor under this Lease or as may be provided by law, if Lessor reasonably determines that the Premises may have been used during the term of this Lease or any prior lease with Lessee for all or any portion of the Premises, or are being used fcr any Hazardous Substance use, with or without Lessor's consent thereto, and that a release or other contamination may have occurred, Lessor may, at its election and at any time during the life of this Lease or thereafter (i) cause the Premises and/or any adjacent premises of Lessor to be tested, investigated, or monitored for the presen:e of any Hazardous Substance, (ii) cause any Hazardous Substance to be removed from the Premises and any adjacent lands of Lessor, (iii) cause to be performed any restoration of the Premises and any adjacent lands of Lessor, and (iv) cause to be performed any remediation of, or response to, the environmental condition of the Premises and the adjacent lands of Lessor; as Lanclord reasonab y may deem necessary or desirable, and the cost and expense thereof shall be reimbursed by Lessee to Lessor within dirty (30) days after rendition of Lessor's bill to the extent such Hazardous Substance arises from the actions of Lessee, its employees, agents, contractors, licensees or invitees In addition, Lessor may, at its election, require Lessee, at Lessee's sole cost and expense, to perform such work to the extent such Hazardous Substance arises from the actions of Lessee, its employees, agents, contractors, licensees or invitees, in which event, Lessee shall promptly commence to perform and thereafter diligently prosecute to completion such work, using one or more contractors and a supervis ng consulting engineer approved in advance by Lessor. F. For purposes of this Section 7, the term "Hazardous Substance" shall mean (i) those substances included within the definitions of "hazardous substance", "pollutant", "contaminant", or "hazardous waste", in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §§ 9601, et seq., as amended or in RCRA, the regulations promulgated pursuan: to either such Act, or state 'aws and regulations similar to or promulgated pursuant to either such Act, (ii) any mater al, waste or substance which is (A) petroleum, (8) asbestos, (C) flammable or explosive, or (D) radioactive; and (iii) such other substances, materials and wastes which are or become regulated or classified as hazardous or toxic under federal, state or local law. Section 8. UTILITIES. A. Lessee will arrange and pay for all utilities and services supplied to the Premises in connection with Lessee's use of the Premises. B. All utilities and services will be separately metered to Lessee. If not separately metered, Lessee shall pay its proportionate share as reasonably determined by Lessor. Section 9. LIENS. Lessee shall not allow any liens to attach to the Premises for any services, labor or materials furnished to the Premises or otherwise arising from Lessee's use of the Premises. Lessor shall have tie right to discharge any such iens at Lessee's expense. Section 10, ALTERATIONS AND IMPROVEMENTS; CLEARANCES. A. No alterations, improvements or installations may be made on the Premises without the prior consent of Lessor. Such consent, if given, shall be subject to the needs and requirements of the Lessor in the operation of its Ra;lroad and to such other conditions as Lessor determines to impose. In all events such consent sha:l be conditioned upon strict conformance with all applicable governmental requirements and Lessor's then -current clearance standards. B. All alteratior s, improvements or installations shall be at Lessee's sole cost and expense. C. Lessee shall comply with Lessor's then -current clearance standards, except (i) where to do so would cause Lessee to violate an applicable governmental requirement, or (ii) for any improvement or device in place prior to Lessee taking possession of the Premises if such improvement or device complied with Lessor's clearance standards at the time of its installation. D. Any actual or implied knowledge of Lessor of a violation of the clearance requirements of this Lease or of any governmental requirements shall not relieve Lessee of the cbligation to comply with such requirements, nor scall any consent of Lessor be deemed to be a representation of such compliance. • • Section 11. AS -IS. Lessee accepts the Premises in its present condition with all faults, whether patent or latent, and without warranties or ccvena-its, express or implied. Lessee acknowledges that Lessor shall have no duty to maintain, repair cr improve the Premises. Section 12. RELEASE AND INDEMNITY. A. As a material part of the consideration for this Lease, Lessee, to the extent it may lawfully do so, waives and releases any and all claims against Lessor for, and agrees to indemnify, defend and hold harrnless Lessor, is affiliates, and its and their officers, agents and employees ("Indemn'fied Parties") from and against, any loss, damage (including, without limitation, punitive cr consequeitial damages;, injury, liability, claim, demand, cost or expense (including, without limitation, attorneys' fees and court costs), fine or penalty (collectively, "Loss") incurred by any person (including, without limitation, Lessor, Lessee, or any employee of Lessor or Lessee) and arising from or related to (i) ary use of the Premises by Lessee or any invitee or licensee of Lessee, (ii) any act or omission of Lessee, its officers, agents, employees, licensees or invitees, or (iii) any breach of this Lease by Lessee. B. The forecoing release and indemnity shall apply regardless of any negligence, misconduct or strict liability of any Indemnified Party, except that the indemnity only, shall not apply to any Loss to the extent caused by the active negligence or misconduct of any Indemnified Party, its licensees and invitees, .f the Loss (i) was not occasioned by fire or other casualty, or (ii) was not occasioned by water, including, without limitation, water damage due to the position, locat.on, construction or condition of any structures or other improvements or facilities of any Indemnified Party. C. Where applicable to the Loss, the liability provisions of any contract between Lessor and Lessee covering the carnage of shipments or trackage serving the Premises shall govern the Loss and shall supe-sede the provisions of this Section 12. D. No provision of this Lease with respect to insurance shall limit the extent of the release and indemnity provisions of this Section 12. Section 13. TERMINATION. A. Lessor may terminate this Lease by giving Lessee r.otice of termination, if Lessee (i) fails to pay rent within fifteen (15) days after the due date, or (ii) defaults under any other obligation of Lessee under this Lease and, after written notice is given by Lessor to Lessee specifying the default, _essee fails either to immediately commence to cure the default, or to complete the cure expeditiously but in all events within thirty (30) days after the default notice is given. B. Notwithstarding the term of this Lease set forth in Article II, Lessor or Lessee may terminate this Lease without cause upon sixty (60) days' notice to the other party; provided, however, that at Lessor's election, no such termination by Lessee shall be effective unless and urtil Lessee has vacated and restored the Premises as required in Section 15A), at which time Lessor shall refund to Lessee, on a pro rata basis, any uneamed rental paid in advance. Section 14. LESSOR'S REMEDIES. Lessor's remedies or Lessee's default are to (a) eMor and take—pessescion of the Prereises without terminating this Lease, and re.et the Premises on behalf of Lessee, col:ect and receive the rent from reletting, and charge Lessee for the cost of reletting, and/or (b) terminate this Lease as provided in Section 13 A) above and sue Lessee for damages, and/or (c) exercise such other remecies as Lessor may have at law or in equity Looser enter and-take-possession-ef- #e-Prerefses by self help, changing lookerif neccssary,ane i4 ay-lesk•-ei-►t-Loccee, ait-w+tkaufbeing-i+able-far-damages. Section 15. VACATION OF PREMISES; REMOVAL OF LESSEE'S PROPERTY. A. Upon termination howsoever of this Lease, Lessee (i) shall have peaceably and quietly vacated and surrendered possession of the Premises to Lessor, without Lessor giving any notice to quit or demand for possession, and (ii) shall have removed from the Premises all structures, property and other materials not belonging to Lessor, and restored the surface of the ground to as good a condition as the same was in before such structures were erected, including, without Limitation, the removal of foundations, the filling in of excavations and pits, and the removal of debris and rubbish. B. If Lessee has not completed such removal and restoration withir. sixty (60) days after termination of this Lease, Lessor may, at its election, and at any time or times, (i) perform the work and Lessee shall reimburse Lessor for the cost thereof within thirty (30) days after bill is rendered. (ii) take title to all or any portion of such structures or property by giving notice of such election to Lessee, and/or (iii) treat Lessee as a holdover tenant at will until such removal and restoration is ccmpleted. Section 16. FIBER OPTICS. Lessee shall telephone Lessor during normal business hours (7:00 a.m. to 9:00 p.m., Certral Time, Monday through Fridays, except for holidays) at 1-800-336-9193 (also a 24-hour, 7 -day number for emergency calls) to determine if fiber optic cable is buried on the Premises. If cable is buried on the Premises, Lessee will telephone the telecommunications company(ies), arrange for a caple locator, and make arrangements for relocation or other protection of the cable. Notwithstanding compliance by Lessee with this Section 16, the release and indemnity provisions of Section 12 above shall apply fully to any damage or destruction of any telecommunications system. Section 17. NOTICES. Any notice, consert or approval to be given under this Lease shall be in writing, and personally served, sent by reputable courier service, or sent by certified mail, postage prepaid, return receipt requested, to Lessor at: Union Pacific Railroad Company, Attn: Assistant Vice President - Real Estate, Real Estate Department, 1400 Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179-1690; and to Lessee, Attn: Vice President Distribution, at the above address or such other address as a party may designate in notice given to the other party. Mailed notices shall be deemed served five (5) days after deposit in the U.S. Mail. Notices which are personally served or sent by courier service shall be deemed served upon receipt. Section 18. ASSIGNMENT. A. Lessee shall not sublease the Premises, in whole or in part, or assign, encumber or transfer (by operation of law or otherwise) this Lease, without the prior consent of Lessor, which consent may be denied at Lessor's sole and absolute discretion. Any purported transfer or assignment without Lessor's consent shall be void and shall be a default by Lessee. B. Subject to tiis Section 18, this Lease shall be binding upon and inure to the benefit o; tie parties hereto and their respective heirs, executors, administrators, successors and assigns. Section 19. CONDEMNATION. If, as reasonably determined Py Lessor, the Premises cannot be used by Lessee because of a condemnation or sale it lieu of condemnation, then this Lease shall automatically terminate. Lessor shall be entitled to the entire award pr proceeds for any total or partial condemnation or sale in lieu thereof, including, without limitation, any award or proceeds for the value of the leasehold estate created by this Lease. Notwithstanding Lie foregoing, Lessee shall have the right to pursue recovery from the condemning authority of such compensation as may be separate.y awarded to Lessee fcr Lessee's relocation expenses, the raking of Lessee's structures, personal property and fixtures, and the interruption of or damage to Lessee' business. • • Section 2-0---ATTOFZ-Pl•EY'S-€€€& If either -party retains an -attorney -Fa -enforce thio -1 -ease (Iudirig; thoet limitatio the -indemnity provisions -of -this Lei�:z), 4e-prevailin -party-is entitledte-recover-feasene attorneys fees. Section 21. ENTIRE AGREEMENT. This Lease is the entire agreement between the parties, and supersedes all other oral or written agreements between the parties pertaining to this transaction. Except for the unilateral redetermination of annual rent as provided ,r Article III. this Lease may be amended only by a written instrument signed by Lessor and Lessee. • • Folder: 2023-59 Audit: 233944 SUPPLEMENTAL AGREEMENT THIS SUPPLEMENTAL AGREEMENT is entered into on the Ji- i day of /I1 a , 2007, 'Jetween UNION PACIFIC RAILROAD COMPANY ("Lessor") and UNIMIN COLORATION, a Delaware corporation, whose address is 258 Elm Street, New Canaan, Connecticut 06840-5300 ("Lessee"). RECITALS: By instrument dated September 09, 2004, Lessor and Lessee, or their predecessors in interest, entered into an agreement ("Basic Agreement"), identified as Audit No. 233944, at Lacy, Colorado. AGREEMENT: IT IS AGREED I etween Lessor and Lessee to modify the Basic Agreement as follows: Article 1. EFFECTIVE DATE. This Supplemental Agreement is effective April 01, 2007. Article 2. SUBSTITUTION OF PRINT. The print dated February 15, 2007, attached as Exhibit A', shall be substituted for the print dated March 03, 2006, attached to the Basic Agreement. Article 3. RENT. A. Effective April 1, 2007, Lessee agrees to pay to Lessor a one-time rental amount of Ten Thousand Two Iiundred Thirty Dollars ($10,230.00) to cover the rental for the period of 4/1/2007 to 12/31/2007. B. Effective January 1, 2008, Lessee agrees to pay to Lessor, in advance, rent of Twenty One Thousand Eight Hundred Seventy Five Dollars ($21,875.00) annually. The rent shall be increased by Three Percent (3%) annually cumulative and compounded. Article 4. ADMINSTRATIVE HANDLING CHARGE. Upon execution of this Supplemental Agreement, Lessee shall pay to Lessor an Administrative Handling Charge of One Thousand Dollars ($1,000.00). Article 5. AGREEMENT SUPPLEMENT. Nothing in this Supplemental Agreement shall be construed as amending or modifying the Basic Agreement unless specifically provided herein. Our Order No. GW63000902 PARCEL A LTG Policy No. LTAQ63000902 EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND SITUATE IN SECTIONS 14 AND 23, TOWNSHIP 6 SOUTH, RANGE 94 WEST, 6TH P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY R.O.W. LINE OF U.S. INTERSTATE HIGHWAY NO. 70, WHENCE THE NW COR. OF SAID SECTION 23, BEARS N 02 DEGREES 06'06" W. 1648.47 FEET; THENCE ALONG SAID SOUTHERLY R.O.W. THE FOLLOWING COURSES;N 65 DEGREES 12'00" E 604.00 FEET, N 60 DEGREES 37'30" E 501.60 FEET, N 65 DEGREES 12'00" E 500.00 FEET, N 67 DEGREES 46'30" E 1001.00 FEET, N 65 DEGREES 12'00" E 1419.40 FEET, N 65 DEGREES 12'00" E 80.60 FEET, N 67 DEGREES 34'43" E 21.61 FEET, THENCE S 02 DEGREES 48'00" E 1196.84 FEET, TO A POINT ON THE NORTHERLY R.O.W LINE OF THE DENVER AND RIO GRANDE WESTERN RAILROAD, THENCE ALONG SAID R.O.W. S 67 DEGREES 36'50" W 393.43 FEET, TO THE NORTH LINE OF SW1/4 AND NE1/4 (LOT 2), SECTION23 TOWNSHIP 6 SOUTH, RANGE 94 WEST OF THE 6TH PRINCIPAL MERIDIAN, THENCE ALONG SAID NORTH LINE S 89 DEGREES 11'00" W 848.99 FEET TO THE NW CORNER OF SAID SW1/4 OF NE1/4, THENCE S 00 DEGREES 11'06" E 337.10 FEET ALONG THE WEST LINE OF SAID SW1/4 OF THE NE1/4 TO THE NORTHERLY R.O.W. LINE OF THE D. & R.G.W. R.R., THENCE ALONG SAID R.O.W. S 67 DEGREES 36'50" W 2860.90 FEET, TO THE EASTERLY R.O.W. LINE OF AN EXISTING HAUL ROAD, THENCE N 02 DEGREES 45'00" E 1060.07 FEET ALONG SAID R.O.W. LINE TO THE POINT OF BEGINNING. PARCEL B THAT PART OF LOT 2 SEC. 23, T.6S., R.94 W., 6TH P.M., NORTHERLY OF THE NORTHERLY RIGHT-OF-WAY LINE OF THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY DESCRIBED AS FOLLOWS: BEGINNING AT THE NW CORNER OF THE SW1/4NE1/4 SEC. 23; THENCE (TH.) N 89 DEGREES 11'00"E 856.75 FEET; TH. S 67 DEGREES 30'25"W 926.01 FEET; TH. N 00 DEGREES 11'06"W 342.05 FEET TO THE POINT OF BEGINNING. Form PIB/ORT 4. The following documents affect the land: (continued) REPRESENTATION OF SAID RIGHTS, RECORDED OR NOT. LTG Policy No. LTAQ63000902 Our Order No. GW63000902 NOTE: THIS BINDER IS NOT A REPORT OR REPRESENTATION AS TO MINERAL INTERESTS, AND SHOULD NOT BE USED, OR RELIED UPON, W CONNECTION WITH THE NOTICE REQUIREMENTS THAT ARE SET FORTH IN CRS 24-65.5-103. Form PIB/ORT 4. The following documents affect the land: (continued) LT'G Policy No. LTAQ63000902 Our Order No. GW63000902 29. MEMORANDUM OF TRACKAGE AGREEMENT FROM THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, A DELAWARE CORPORATION, AS LESSOR TO IDEAL BASIC INDUSTRIES, INC., CEMENT DIVISION, A COLORADO CORPORATION AS LESSEE RECORDED NOVEMBER 14. 1986, IN BOOK 699 AT PAGE 147 UNDER RECEPTION NO. 376338. 30. DEED OF TRUST FROM IDEAL BASIC INDUSTRIES, INC., A COLORADO CORPORATION OF THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE BENEFIT OF WILLIAM J. WADE, NOT IN HIS INDIVIDUAL CAPACITY BUT AS TRUSTEE PURSUANT TO THE SUPPLEMENTAL TRUST INDENTURE, SAID DEED RECORDED DECEMBER 22, 1986 IN BOOK 701 AT PAGE 913 UNDER RECEPTION NO. 377454. 31. FINANCING STATEMENT FROM IDEAL BASIC INDUSTRIES, INC. TO WILLIAM J. WADE, COLLATERAL TRUSTEE WILMINGTON TRUST COMPANY, RECORDED DECEMBER 22, 1986 IN BOOK 702 AT PAGE 01 UNDER RECEPTION NO. 377055. 32. TERMS, CONDITIONS AND PROVISIONS OF DEED RECORDED JANUARY 05, 1982 IN BOOK 589 AT PAGE 899. 33. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED NOVEMBER 09, 1979 IN BOOK 539 AT PAGE 339. 34. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MARCH 30, 1981 IN BOOK 568 AT PAGE 400. 35. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MAY 11, 1981 IN BOOK 571 AT PAGE 211. 36. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 81-156 RECORDED MAY 20, 1981 IN BOOK 572 AT PAGE 361. 37. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED DECEMBER 29, 1994 IN BOOK 926 AT PAGE 798. 38. TERMS, CONDITIONS AND PROVISIONS OF PIPELINE RIGHT OF WAY RECORDED MARCH 18, 1998 IN BOOK 1058 AT PAGE 341. NOTE: THIS BINDER DOES NOT REFLECT THE STATUS OF TITLE TO WATER RIGHTS OR Form P1B/ORT 4. The following documents affect the land: (continued) RECEPTION NO. 323309. L 1 roucy No. L 1 Al11i30009UZ Our Order No. CW63000902 21. AGREEMENT BETWEEN CATHEDRAL BLUFFS SHALE OIL COMPANY AND W.F. CLOUGH AND RIO GRANDE LAND COMPANY RECORDED JANUARY 5, 1982 IN BOOK 589 AT PAGE 910 UNDER RECEPTION NO. 323310. 22. SUPPLEMENTAL AGREEMENT BETWEEN NORTHWEST EXPLORATION COMPANY, I.E.F. ESTE BETELILINGUNGSGESELLSCHAFT INTERNATIONALER ENERGIE FONDS GMBH & CO. AND RIO GRANDE LAND COMPANY RECORDED MAY 12, 1982 IN BOOK 599 AT PAGE 160 UNDER RECEPTION NO. 327641. 23. FINDINGS AND ORDER OF THE COURT CONCERING THE INCLUSION OF CERTAIN LANDS INTHE WEST DIVIDE WATER CONSERVACY DISTRICT RECORDED MAY 20, 1983 IN BOOK 627 AT PAGE 660 UNDER RECEPTION NO. 342243. 24. THE LEASED PREMISES IS SUBJECT TO A RIGHT OF WAY FOR STORM DRAIN DITCH, POWER LINE AND OTHER UTILITIES, AND ACCESS THERETO, ALONG THE NORTH TWENTY (20) FEET THEREOF. ANY FENCING WILL BE LOCATED ON THE SOUTH RIGHT OF WAY OF EASEMENT LINES AS STATED IN LEASE BETWEEN RIO GRAND LAND COMPANY AND IDEAL BASIC INDUSTRIES, INC. DATED MARCH 22, 1982. 25. THE LEASED PREMISES IS SUBJECT TO A STORM DRAIN EASEMENT TO COLORADO DEPARTMENT OF HIGHWAYS RECORDED IN BOOK 539 AT PAGE 345 AND 346 IN THE RECORDS OF GARFIELD COUNTY, COLORADO AS STATED IN LEASE BETWEEN RIO GRANDE LAND COMPANY AND IDEAL BASIC INDUSTRIES, INC. DATED MARCH 22, 1982. 26. THE LEASED PREMISES IS SUBJECT TO A TEN (10) FEET WIDE UTITLITY EASEMENT ALONG THE WEST TEN (10) FEET THEREOF AS STATED IN LEASE BETWEEN RIO GRAND LAND COMPANY AND IDEAL BASIC INDUSTRIES INC. DATED MARCH 22, 1982. 27. LEASE AGREEMENT BETWEEN RIO GRAND LAND COMPANY, A COLORADO CORPORATION AND IDEAL BASIC INDUSTRIES, INC., CEMENT DIVISION, A COLORADO CORPORATION DATED MARCH 22, 1982. 28. MEMORANDUM OF LEASE FROM RIO GRANDE LAND COMPANY, A COLORADO CORPORATION, AS LESSOR, TO IDEAL BASIC INDUSTRIES, INC., CEMENT DIVISION, A COLORADO CORPORATION, AS LESSEE, RECORDED NOVEMBER 14, 1987 IN BOOK 699 AT PAGE 144 UNDER RECEPTION NO. 376337. • • Form PIB/ORT 4. The following documents affect the land: (continued) LTG r�ii.y N. LTAQ63000902 Our Order No. GW63000902 12. OIL AND GAS LEASE BETWEEN ANNIE ESHE, ALSO KNOWN AS ANNIE H. ESHE AND WILLIAM C. GARRETT, RECORDED FEBRUARY 3, 1972 IN BOOK 427 AT PAGE 31, UNDER RECEPTION NO. 300899 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTERESTS THEREIN. 13. OIL AND GAS LEASE BETWEEN EXXON CORPORATION, A NEW JERSEY CORPORATION AND NORTHWEST EXPLORATION COMPANY, RECORDED JANUARY 15, 1980 IN BOOK 542 AT PAGE 294 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTERESTS THEREIN. 14. OIL AND GAS LEASE BETWEEN WILLIAM F. CLOUGH AKA W.F. CLOUGH, INDIVIDUALLY AND AS EXECUTOR OF THE WILL OF LEON WILLIAM CLOUGH AKA L.W. CLOUGH AND IVA H. CLOUGH AND WILLIAM F. CLOUGH AKA W.F. CLOUGH AND DEVISEES UNDER THE WILL OF LEON WILLIAM CLOUGH AND WILLIAM C. GARRETT, RECOFED JANUARY 7, 1972 IN BOOK 426 AT PAGE 177 UNDER RECEPTION NO. 252244 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTERESTS THEREIN. 15. TERMS AND CONDITIONS OF THE WAIVER AND RELEASE OF SURFACE RIGHTS BY W.F. CLOUGH RECORDED MARCH 30, 1981 IN BOOK 568 AT PAGE 411 UNDER RECEPTION NO. 313318. 16. AN EASEMENT FOR RAODWAY PURPOSES 20 FEET IN WIDTH IMMEDIATELY NORTH OR AND ADJACENT TO THE FOREGOING IRRIGATION EASEMENT AS STATED IN WARRANTY DEED RECORDED JANUARY 5, 1982 IN BOOK 589 AT PAGE 895 UNDER RECEPTION NO. 323305. 17. AND RESERVATION OF ALL OIL, GAS AND MINERAL RIGHTS AND WATER, WATER RIGHTS, DITCHES AND DITCH RIGHTS RESERVED BY PREVIOUS GRANTORS AS STATED IN WARRANTY DEED RECORDED JANUARY 5, 1982 IN BOOK 589 AT PAGE 895 UNDER RECEPTION NO. 323305. 18. ASSIGNMENT OF CONTRACT RIGHTS RECORDED JANUARY 5, 1982 IN BOOK 589 AT PAGE 903 UNDER RECEPTION NO. 323307. 19. EASEMENT DEED BETWEEN W.F. CLOUGH AND THE DENVER RIO GRANDE WESTERN RAILROAD COMPANY, A DELAWARE CORPORATION AND RIO GRANDE LAND COMPANY, A COLORADO CORPORATION RECORDED JANUARY 5, 1982 IN BOOK 589 AT PAGE 906 UNDER RECEPTION NO. 323308. 20. EASEMENT DEED RECORDED JANUARY 5, 1982 IN BOOK 589 AT PAGE 907 UNDER • • Exhibit C Lease Agreement / Authorization A TJ. D IT Folder 02023-59 LEASE OF PROPERTY THIS LEASE ("Lease") is entered into on the ( day of ,,,io:/e7 `''" 2004, between UNION PACIFIC RAILROAD COMPANY ("Lessor") and UNIMIN CORPORATION, a Delaware corporation, whose address is 258 Elm Street, New Canaan, Connecticut 06840-5300 ("Lessee"). 11' IS AGREED BETWEEN THE PARTIES AS FOLLOWS: Section 1. PREMISES; USE. Lessor leases to Lessee and Lessee leases from Lessor the premises ("Premises") at Lacy, Colorado, shown on the print dated September 04, 2002, marked Exhibit "A", hereto attacaed and made a part hereof, subject to the provisions of this I .ase and of Exhibit B attached hereto and made a part hereof. 1'he Premises may be used for transferring of silica sand from rail to trucks, only, and for no other purpose. Section 2. TERM. A. The term of this Lease shall commence on January 01, 2002, and unless soo:ier terminated as provided in this Lease, shall extend for one year; and thereafter, shall automatically be extended from year to year. Section 3. RENT. A. Lessee shall pay to Lessor, in advance, rent of Four Thousand Three Hund -ed Dollars ($4300.00) annually. 'Che rent shall be increased by Three Percent (3%) annually cumulative and compounded. B. Not more taan once every One (1) years, Lessor may.redetermine the rent. In the event that Lessor does redetermine the rent, Lessor shall notify Lessee of such change. Section 4. ADMINISTRATIVE HANDLING CHARGE Lessee shall pay to Lessor Administrative handling Charge in the amount of One Thousand and 00/:00 Dollars ($1,000.00). Section 5. SPECIAL PROVISION — ROADWAY (NON-EXCLUSIVE) Subject to the terms and conditions of this Lease, Lessee may construct, ase and maintain the roadway shown on the attacaed exhibit print, provided that: A. The roadway 's to be strictly private and not intended tor, and may not he used for, pub is purposes. B. I'ae use of the roadway is not exclusive. The roadway is to be used jointly with Lessor and others to waom Lessor has given or may give similar rights. • • C. Lessee, at Lessee's sole cost and expense, shall maintain the roadway in a condition satisfactory to Lessor. Not withstanding the foregoing, in the event that Lessor grants any third party any rights to use the roadway. such third party shall share the cost and expense of maintaining the roadway. 1). Lessee's right :o construct, maintain and use the roadway is a license and not a lease, and the roadway is not a part of tae Premises, except that all of Lessee's obligations and Lessor's rights under this Lease regarding the Premises shall also apply to the roadway. Lessee's license to use the roadway s,iall remain in .:ffect until the vermination of this Lease, including any extensions. Section 6. SPECIAL PROVISION -- INSURANCE A. At all times during the term of this Lease, Lessee shall, at Lessee's sole cost and expense, procure and maintain the following insurance coverage: General Public Li..bility providing bodily injury, including death, personal injury and property damage coverage with ccmbined single limit of at least One Million Dollars ($1,000,300.00) 2er occurrence and a general aggregate limit of at least One Million Dollars ($1,000,000.00). This insurance shall provide Broad Form Contractual Liability covering the indemnity provisions contained in this Agreement, severability of interests, and name Lessor as an additional insured. If coverage is purchased on a `claims -made' basis, it shall provide for at least a three (3) year extended reporting or discovery period, which shall be invoked if insurance covering the time period of this Agreement is canceled. B. Lessee shall furnish Lessor with certificate(s) of insurance, identifying Folder No. 02023-59, evidencing the required coverage and, upon request, a cerified duplicate original of the policy. The insurance company ssuing the policy shall notify Lessor, in writing, of any material alteration including any change in :he retroactive date in any `claims -made' policies or substantial reduction of aggregate :imits, or cancel.ation at least thirty (30) days prior thereto. The insurance policy shall be written by a reputable ins' ranee company or companies acceptable to Lessor or with a current Best's Insurance Guide Rating of B and Class VII or better, and which is authorized to transact business in the state where the Premises are located. C. Lessee hereby waives its right of subrogation under the above insurance policy against Lessor for ?ayrnent made to or on behalf of employees of Lessee or its agents or for loss of its owned or leased property or property under its care, custody and control while on or near the Premises or any other property of Lessor. Lessee's insurance shall be primary with respect to any insurance carried by Lessor. written. IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first herein UNION PACIFIC RAILROAD COMPANY UNIM!N CORPORATION By: Manager - Real Estate NOTE: New Lease By: "•,.r . ., -4"Title:, Ix --- ti w'"'=,..a 14040 1 a CLOUGH INDUSTRIAL_ PARK w 0.49-73.5 otcti 'K,tl7 K, 0 • 10' 0i Qt AREA = 4.132 AC.± • 'cc S 67 3o' 43'v+ rie 1-16Ort Lnw'i1sSf...r� W. 0.NtC•2311 450' 25' Ate r •• Y• d'' ,"• c vt a :A 750 " 1\ RO0 ((ry i.TJLae. ` • 1 O' LEGEND: LEASE AREA SHOWN NON-EXC_USIVE ACCESS SHCWN---- UPRRCO. R/W OUTLINED ri VIM CAD_ =IL_ SCAN 7ILENAME 2023-59.dgn p:/speng/co/b/covD0010.tif 3 DRGW V-8 10 NOTE: BEFORE YOU BEGIN ANY WORK, SEE AGREEMENT FOR FIBER OPTIC PROVISIONS. EXHIBIT "4" UNION PACIFIC RAILROAD COMPANY CLOUGH INDUSTRIAL PARK. GARFIELD COUNTY. COLORADO M.P. 390.8 - GLENW00D SPRINGS SUB. TO ACCOMPANY AGREEMENT WITH UNIM:N CORPORATION SCALE: 1" = 400' OFFICE OF REAL ESTATE OMAHA. NEBRASKA DATE: 9/4/2)02 RLH FILE: 2023-59 • • EXHIBIT B Section 1. IMPROVEMENTS. No improvements placed upon the Premises by Lessee shall become a part of the realty. Section 2. RESERVATIONS AND PRIOR RIGHTS. A. Lessor reserves to itself, its agents and contractors, the right to enter the Premises at such times as will not unreasonably interfere with Lessee's use of the Premises. B. Lessor reserves (i) the exclusive right to permit third party placement of advertising signs on the Premises, and (ii) the right to construct, maintain and operate new and existing facilities (including, without limitation, trackage, fences, communication facilities, roadways and utilities) upon, over, across or unser the Premises, and '.c grant to others such rights, provided that Lessee's use of the Premises is not interfered with unreasonably. C. This Lease is made subject to all outstanding rights, whether or not of record. Lessor reserves the right to renew such outstanding rights. Section 3. PAYMENT OF RENT. Rent (which includes the annual rent and all other amounts to be paid by Lessee under his Lease) shall be paid in lawful money of the United States of America, at such place as sha;I be designated by the Lessor, and without offset or deduction. Section 4. TAXES AND ASSESSMENTS. A. Lessee shall pay, prior to delinquency, all taxes levied during the personal property and improvements on the Premises not belonging to Lessor. If Lessor, either separately or as a part of the levy on Lessor's real property, Lessee in full within thirty (30) days after rendition of Lessor's bill. B. If the Premises are specially assessed for public improvements, automatically increased by 12% of the full assessment amount. Section 5. WATER RIGHTS. life of this Lease on all such taxes are paid by shall reimburse Lessor the annual rent will be This Lease does not include any right to the use of water under any water right cf Lessor, or to establish any water rights except in the name of Lessor. Section 6. CARE AND USE OF PREMISES. A. Lessee shall use reasonable care and caution against damage or des:ruction to the Premises. Lessee shall not use or permit the use of the Premises for any unlawful purpose, maintain any nuisance, permit any waste, or use the Premises in any way that creates a hazard to persons or proper.y. Lessee shall keep the Premises in a safe, neat, clean and presentable condition, and in good condition and repair. Lessee shall keep the sidewalks and public ways an the Premises, and the walkways appurtenant to any railroad spur tracks) on or serving the Premises, free and clear from any substance which might create a hazara and all water flow shall be directed away from the tracks of the Lessor. B. Lessee shall not permit any sign on the Premises, except signs relating to Lessee's business. • • !O888 ��xcl 026 No permanent building, structure or fence shall be erected or maintained by Grantee on or over the communications easement area, and no material or obstruction of any kind or character shall be stored or maintained on said easement property which would obstruct or interfere with the communications easement. This Deed is given and accepted pursuant to a certain Purchase and Sale Agreement between Grantor and Grantee dated as of August 18, 1993 (the "Purchase and Sale Agreement"), and the representations, warranties and other provisions thereof are incorporated herein by this reference and shall survive the recordation hereof. Except as expressly set forth herein or in the Purchase and Sale Agreement, Grantor makes no warranties, promises, understandings or representations, express or implied, relating to the Property. KRW154.41/sca-DRGW Page 2 of 4 • • Property Information Binder CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this Binder mean: (a) "Land": The land described, specifically or by reference, in this Binder and improvements affixed thereto which by law constitute real property; (b) "Public Records"; those records which impart constructive notice of matters relating to said land; (c) "Date": the effective date; (d) "the Assured": the party or parties named as the Assured in this Binder, or in a supplemental writing executed by the Company; (e) "the Company" means Old Republic National Title Insurance Company, a Minnesota stock company. 2. Exclusions from Coverage of this Binder The company assumes no liability including cost of defense by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. (b) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. (c) Title to any property beyond the lines of the Land, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) Mechanic's lien(s), judgment(s) or other lien(s). (e) Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered or agreed to by the Assured; (b) not known to the Company, not recorded in the Public Records as of the Date, but known to the Assured as of the Date; or (c) attaching or creating subsequent to the Date. 3. Prosecution of Actions (a) The Company shall have the right at its own costs to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein assured; and the Company may take any appropriate action under the terms of this Binder, whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. (b) In all cases where the Company does not institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense so incurred. 4. Notice of Loss - Limitation of Action A statement in writing of any loss or damage for which it is claimed the Company is liabile under this Binder shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Binder until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Binder unless action shall be commenced thereon with two years after expiration of the thirty day period. Failure to furnish the statement of loss or damage or to commence the action within the time herinbefore specified, shall be conclusive bar against maintenance by the Assured of any action under this Binder. 5. Option to Pay, Settle or Compromise Claims The Company shall have the option to pay, settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Binder, or to pay the full amount of this Binder. Such payment or tender of payment of the full amount of the Binder shall terminate all liability of the Company hereunder. PIB-ORT Cover Page 1 of 2 ciD CD� C °r cn CD a • 0 5 o C • cD L• T) 0 o m � at n o N� oc CD o 0 - 0 P • 0 0 0 F CD CD 0 0 • • U) 3 O CD Q. —'. C) 2 0) n - 1 CD 0 N 4 O 00 O N- C7) Oo O O O O O O O O O O TOPH aanTOnJTS • • IN WITNESS WHEREOF, the parties have executed this Supplemental Agreement as of the day and year first written. UNION PACIFIC RAILROAD COMPANY UMMIN CORPORATION By: - Real Estate rec. xr By: • • 6. Limitation of Liability - Payment of Loss (a) The liability of the Company under this Binder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall the liabiity exceed the amount of the liability stated on the face page hereof. (b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorney's fees in litigation carried on by the Assured with the written authorization of the Company. (c) No claim for loss or damages shall arise or be maintainable under this Binder (1) if the Company after having received notice of any alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the Company. (d) All payments under this Binder, except for attorney's fees as provided for in paragraph 6(b) thereof, shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Binder or an acceptable copy thereof for endorsement of the payment unless the Binder be lost or destroyed, in which case proof of the loss or destruction shall be furnished to the satisfaction of the Company. (e) When liability has been definitely fixed in accordance with the conditions of this Binder, the loss or damage shall be payable within thirty days thereafter. 7. Subrogation Upon Payment or Settlement Whenever the Company shall have settled a claim under this Binder, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Binder not been issued. If the payment does not cover the loss of the Assured, the Company shall be subrogated to the rights and remedies in the proportion which the payment bears to the amount of said loss. The Assured, if requested by the Company, shall transfer to the Company all rights and remedies against any person or proprty necesary in order to perfect the right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving the rights or remedies. 8. Binder Entire Contract Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Binder. No provision or condition of this Binder can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 9. Notices. Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111. 10. Arbitration Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Issued through the Office of: LAND TITLE GUARANTEE COMPANY 1317 GRAND AVE #200 GLENWOOD SPRINGS, CO 81601 970945-2610 al Authorized Signature PIB.ORT Cover Page 2 of 2 • 1.1 ri *i - m m : :,off+* * * at• '77o ANd`' ON Land Title ( LJ AR AN 111 1. (1MYAN1' LAND TITLE GUARANTEE COMPANY INVOICE Customer Reference No. Record Owner: Property Address: SOUTHERN PACIFIC TRANSPORTATION COMPANY, A DELAWARE CORPORATI When referring to this order, please reference our Order No. GW63000902 -CHARGES- Property Information Binder $500.00 Tax Certificate $25.00 --Total-- $525.00 Payment is due within 30 days from the date on which the Guarantee is issued. If payment is not received within 30 days of that date, the Guarantee and all coverages thereunder shall be cancelled. Please make checks payable to: LAND TITLE GUARANTEE COMPANY 1317 GRAND AVE #200 GLENWOOD SPRINGS, CO 81601 • • Exhibit B Title Commitment / Deed • • { j SURVEYOR'S CERTIFICATE UNIMIN TOPOGRAPHIC SURVEY A PARCEL OF LAND Our Order No. GW63000902 PARCEL A LIU roucy ivo. L fAQQ63000902 EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND SITUATE IN SECTIONS 14 AND 23, TOWNSHIP 6 SOUTH, RANGE 94 WEST, 6TH P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY R.O.W. LINE OF U.S. INTERSTATE HIGHWAY NO. 70, WHENCE THE NW COR. OF SAID SECTION 23, BEARS N 02 DEGREES 06'06" W. 1648.47 FEET; THENCE ALONG SAID SOUTHERLY R.O.W. THE FOLLOWING COURSES;N 65 DEGREES 12'00" E 604.00 FEET, N 60 DEGREES 37'30" E 501.60 FEET, N 65 DEGREES 12'00" E 500.00 FEET, N 67 DEGREES 46'30" E 1001.00 FEET, N 65 DEGREES 12'00" E 1419.10 FEET, N 65 DEGREES 12'00" E 80.60 FEET, N 67 DEGREES 34'43" E 21.61 FEET, THENCE S 02 DEGREES 48'00" E 1196.84 FEET. TO A POINT ON THE NORTHERLY R.O.W LINE OF THE DENVER AND RIO GRANDE WESTERN RAILROAD, THENCE ALONG SAID R.O.W. S 67 DEGREES 36'50" W 393.43 FEET, TO THE NORTH LINE OF SWI/4 AND NE1/4 (LOT 2), SECTION23 TOWNSHIP 6 SOUTH, RANGE 94 WEST OF THE 6TH PRINCIPAL MERIDIAN, THENCE ALONG SAID NORTH LINE S 89 DEGREES 11'00" W 848.99 FEET TO THE NW CORNER OF SAID SW1/4 OF NE1/4, THENCE S 00 DEGREES 11'06" E 337.10 FEET ALONG THE WEST LINE OF SAID SW1/4 OF THE NE1/4 TO THE NORTHERLY R.O.W. LINE OF THE D. & R.G.W. R.R., THENCE ALONG SAID R.O.W. S 67 DEGREES 36'50" W 2860.90 FEET, TO THE EASTERLY R.O.W. LINE OF AN EXISTING HAUL ROAD, THENCE N 02 DEGREES 45'00" E 1060.07 FEET ALONG SAID R.O.W. LINE TO THE POINT OF BEGINNING. PARCEL B THAT PART OF LOT 2 SEC. 23, T.6S., R.94 W., 6TH P.M., NORTHERLY OF THE NORTHERLY RIGHT-OF-WAY LINE OF THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY DESCRIBED AS FOLLOWS: BEGINNING AT THE NW CORNER OF THE SW1/4NE1/4 SEC. 23; THENCE (TH.) N 89 DEGREES 11'00"E 856.75 FEET; TH. S 67 DEGREES 30'25"W 926.01 FEET; TH. N 00 DEGREES 11'06"W 342.05 FEET TO THE POINT OF BEGINNING. • • Exhibit A Vicinity Map/Legal Description r***141411 %Ora/ ....... ..... 1.290 1. *VI • • .:,-,,.:-...., : •._ -:::-/.. 7/ . .. ,. .,. • -... • , ...... i.— 25' CLEARANCE we/ FROM TRACK • 10' CLOUGs4 INDUSTR IAL PARK 0 0 1160' [AREA = 10.65 AC. t 77. 1.11act 1.31•43,s011 'of D C • 2.$41t SO' • • 11, •:••-•" 50WIDE TRACK ALLEY (, NO. it 411.1 .114 ac 1111111, 11C4,11111111 1. 50 DRG1I Aft Mir LGENDI EPS( AKA f)-CYCIO.S1 YE ROADWAY sPIIWP 'IC% PERPO YOU !ODIN ANY wOPS . GEE A..,EtmERT LOPIIVR OPT IC PPIVISIUNS. TYPIWIT ,• UNPA PAC:F1C HAOAO COMPANY Acy . UAW,S1.1: • ..ww•T. r pq,,o G..:r.N.rx, SPRINGS SUB. ir ITCuPPANY AGREENENT 1,141,%).•11014 m•Icr [...ATE SWAPA. PRBPASITA • 1,noo P,..//111P • • June 7, 2007 Folder 2023-59 Mr. Ken Jamroz Director, Transportation Operations Unimin Corporation 258 Em Street New Canaan, CT 06840 Dear Mr. Jamroz, Reference is made to Lease Agreement dated September 9, 2004, identified in Union Pacific Railroad Company's records as Audit No. 233944, by and between Union Pacific Railroad Company (Union Pacific) and Unimin Corporation (Unimin), whereby UP leases to Unimin approximately 10.65 acres of property in Lacy, Colorado. Union Pacific has reviewed your plans to construct 3 storage silos on the 10.65 acres that Unimin leases from Union Pacific at Lacy, CO. As a requirement under Garfield County's land use code, Unimin is in the process of requesting a special use permit for this property for the purpose of constructing 3 silos to be used for storage and the transfer of sand from railcars to trucks. By this letter, Union Pacific expressly authorizes Unimin to obtain a special use permit for the limited purpose of constructing 3 storage silos and that such use is consistent with the terms of the above - referenced lease between Union Pacific Railroad Company and Unimin Corporation. Unimin acknowledges that these silos will remain personal property of Unimin and Unimin will be fully responsible for the cost of removal and restoration of the property upon any termination of the lease. Sincerely, son Directs Estate Union Paci ic Railroad Company ACKNOWLEDGED. RPO.Rk i : LCtt tardmi tridlint/Ditfribl 3eal 2/ tate UNION PACIFIC RAILROAD 1400 Douglas Street, Stop 1690 Omaha, Nebraska 63179-1690 fr. (402) 501-0340 • • Exhibit D Resolution No. 80-178 • STATE or COLORADO County of G,,itdd ht a m.u] ar meeting of the Board of County Commissioners for Garfield County, Colorado, held at the (;r, urt llr�u.ee m Glernv000 Sir icy7: on............ 1.1+.4$.d.G�,X the 5th day of .Auguf, t A. U. l`J.f. Q there were present: ..Rl.Gh.ar.d....G.....i,.�......ey , Commissioner Chauhan ..Ld.rr.'y Velasquez Commissioner ..F..l.ay.Qn ), Cerise Commissioner .Arthur A. Abpl anal p, Jr. , Cout.ty Attorney Iglu Sprick Page, Deputy Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 80- 178 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION BY OCCIDENTAL OIL SHALE, INC. WHEREAS, the Board of County Commissioners of Garfield County has received an application from Occidental Oil Shale, Inc. for a special use permit for a Commercial Park on the following described tract of land: A tract of land in Sections 13 and 23, T6S, R94W, 6th P.M., Garfield County, State of Colorado, being all that land lying south of Inter.cate Highway 70, north of the Denver and Rio Grande Western Railroad Ccmpany, bounded on the west by an existing haul road near the west line of said Section 23 and bounded on the east by the convergence of said railroad and highway pro- perty line being about 650 feet west of the north -south centerline of said Section 13, containing about 163.7 acres, m;,re or- less. ; and WHEREAS, pursuant to required public notice, the Board conducted a public hearing on the 23rd day of June, 1980, upon the question of whether the above described special use permit should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said special use permit; and WHEREAS, the Board on the basis of the evidence pro- duced at the aforementioned hearing, has made the following determinations of fact: 1. The proposed use is compatible with the uses existing and permitted in the district in which it is to be located, provided that certain hereinafter contained conditions be complied with. 2. That neither the impact on traffic volume and safety or on utilities, or any other impact of the special use will be injurious to the established neiahhorhood or zone district in which the special use is proposed to be located. NOW, THEREFORE, BE IT RESOLVED by the Commissioners of Garfield County, Colorado, that a special use permit be and hereby is authorized uermitting the use of the above des- cribed tract of land for a Commercial Park , upon the following specific conditions: • • 1. That the use of the tract of land comply with all present and ft'ttire regulations of Garfield County relating to commercial parks in the zone district in which the property is now or may later be located; 2. That, prior to the issuance of the authorized special use permit, the above described tract of land shall be severed from any other tract of land upon which there may exist a prin- cipal use, unless such other such principal use has been termin- ated at the time of the issuance of the special use permit. 3. That the uses permitted within the area affected by the special use permit shall be limited to the following: material handling, pumping facilities, warehouse facilities and staging areas, fabrication areas, storage areas, utility lines, pipelines, processing, and uses accessory to the fore- going. 4. That upon the request of the City of Rifle, the owner of the affected property shall permit the City of Rifle to install a sewer line along the south boundary of the pro- perty, and shall provide the City of Rifle with such evidence of a requisite easement as may reasonably be required. 5. That compliance with the terms of this Resolution and any special use permit issued pursuant hereto shall be monitored through the Board's review as may be deemed neces- sary by the Foard. ATTEST: BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO 1014,L ; 'GLC/l✓���� De uty Cridrk of the Bodrd Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Richard C. Jolley Aye Larry Velasquez pyo Flaven J. Cerise Aye STATE OF COLORADO County of Garfield F Commissioners 1, County Clerk and ex -officio Clerk of the Board of County Commissioners .n and rut u.e i.uU..ry auu Stete alaresa,d do :eraoy tier Lily 1..,....e ,..wox.v i...eyoi.g ...,ier s Luiy the Proceedings of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of A. D. 19 County Clerk and ex-otficio Clerk of the Board of County Commissioners. • • Exhibit E Proposed Structure • • Exhibit F Area Pictures Exhibit H Assessor's Map • • EDWARD MULHALL, JR. SCOTT BALCOMB LAWRENCE R. GREEN TIMOTHY A. THULSON DAVID C. HALLFORD CHRISTOPHER L. COYLE THOMAS J. HARTERT CHRISTOPHER L. GEIGER SARA M. DUNN DANIEL C. WENNOGLE SCOTT GROSSCUP JORDAN MAY Via Internet BALCOMB & GREEN, P.C. ATTORNEYS AT LAW P. 0. DRAWER 790 818 COLORADO AVENUE 6LENWOOD SPRINGS, COLOR ADO 81602 TELEPHONE: 970.9'1 5.6346 FACSIMILE: 970.945.9769 www.balcombgreen.com September 26, 2007 Craig Richardson Senior Planner Garfield County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 EXHIBIT KENNETH BALCOMB (1 920-2005) OF COUNSEL: JOHN A. THULSON Re: Special Use Permit Application for Union Pacific — Unimin Dear Craig: 1 am sending you the results of the survey of the heights of the buildings on the adjacent properties and diagram placing Unimin's proposed silos in perspective. The base of the new silos will be at approximately the same elevation of the railroad tracks on the property. We might also note that this site is down gradient from Interstate 70 and the frontage road. From the ground to the top of the silos is 89 feet. We would also like to point out section 5.06.01 of the Garfield County Zoning Resolution that states that the height limitations of the Resolution do not apply to elevator cupolas. Thus, assuming that the silos are covered by the code, the height for purposes of this application should only be measured to the top of the silos and not include the elevator. Sexton Survey measured the height of the various structures in the immediate vicinity of the property. The existing Holcim cement plant is 100.6 feet tall from base to top. The top of the largest silo measured at the top of the green box on the silo stands at roughly 82.4 feet. Also in the immediate vicinity are the yellow and green silos operated by Frac Tech, which are roughly 49.2 feet tall. R.t..N..m 4-13147 J.rc BAL cOMB & GREEN, P.C. ATTORNEYS AT LAW September 26, 2007 Page 2 We took GPS coordinates of the property and determined that the base of the cement plant is approximately 5 feet higher in elevation than the current sand un -loader facility. When this decrease is considered, the total height of the silos will approach the total height of the largest silo at the cement plant. Additionally, the silos will be almost twice as far from Interstate 70 than the cement plant, making them appear smaller to the eye. As we have discussed, there are a number of structures in the vicinity, such as power lines and the gas flare, that exceed the height limitations. Finally, with respect to painting, we would propose that the silos be painted in earth tones such as a tan color to best blend in with the surrounding area. If you have any questions, please feel free to contact me at your convenience. Very truly yours, BALCOMB & GREEN, P.C. By cc: Ken Jamroz Scott Balcomb, Esq. Encls. Scott Grosscup TOP BOX= 5552.4 TOP TANK -5545.1 GROUND= 5503.2 TOP BOX --e555.2.6 TOP TANK=5545.1 GROUND -5503.4 TOP BOX -5552.6 TOP TANK=5545.1 GROUND=5503.4 CDTOP BO X-5552.7 TOP TANK -5545.0 GROUND -5503.4 OTOP BOX=5552.6 TOP TANK=5545.0 GROUND -5503.4 TOP BOX=6552.5 TOP TANK --c6645.0 GROUND -5503.4 TOP BOX --5552.6 TOP TANK=5545.1 GROUND - GREEN & YELLOW TANKS TOP BOX=5552,6 TOP TANK=5545, 0 GROUND -5503.4 TOP TOWER=5598.3 GROUND. --5497.7 TOP BOX= 5580.1 HANDRAIL= 5573.7 TOP TANK= 5569.8 0 GROUND= 5497.7 TOP BOX= 5578.6 HANDRAIL= 5572.2 TOP TANK= 5568.2 GROUND=5497.7 HOLSOM TANKS RECEIVED TIME SEP. 26. 10:22AM HANDRAIL= 5552.5 TOP TANK=5550, 2 GROUND= 549 7.8 HANDRAIL= 5552.6 TOP TANK= 5550.3 GROUND= 5497. 8 urnmrn Unimin Corporation 258 Elm Street, New Canaan, CT 06840 Phone: 203-966-8880 Fax: 203-966-3453 or 203-972-1870 Date: September 10, 2007 Craig Richardson Senior Planner Garfield County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Unimin Corporation Special Use Permit Request Dear Craig: ZOOZ 0 1 d3S I wanted to thank you for taking the time to visit Unimin's leased property in Lacy Colorado, the site of Unimin's proposed storage silos. In preparation for the visit, I wanted to provide you with some background on the project and why Unimin is proposing to build the particular structures identified in the Special Use Permit Application. First, Unimin supplies industrial materials that are used in various manufacturing processes around the world. In Garfield County, we are the primary, if not only, provider of sand to the oil and gas industry that is used primarily in the "fracing" process. We move hundreds of thousands of tons of sand a year. Last year alone, we shipped approximately 250,000 tons of sand by rail from our deposits in Minnesota to our Lacy facility. The sand is then trucked from this terminal to the various gas well sites in and outside the county. The industry has very specific requirements about the type of silica sand that it will use in the fracing process. The sand must meet certain size and quality requirements and also be clean and dry. At the present time, sand is transported to our site where it is stored in rail cars before it can then be transferred, one -at -a -time, to the waiting semi- trailers and then hauled off to where it is ultimately re -injected into the ground. As you know, Unimin is proposing to build three storage silos that will allow it to store up to 6,000 tons of this material. At the present time, our only ability is to store this material in the rail cars that deliver it. The new storage silos will allow us to accommodate shipping schedules and provide on-site storage. Glass Sands • Frac Sands • Foundry Sands • Foundry Customix • Ground Silica • Feldspar • Nepheline Syenite • Kaolin High Purity Quartz • Microcrystalline Silica • Dolomite • Olivine • Southern Bentonite • Specialty Sands • Ball Clay unumrn Unimin Corporation 258 Elm Street, New Canaan, CT 06840 Phone: 203-966-8880 Fax: 203-966-3453 or 203-972-1870 Due to the logistical bottlenecks that we experience, running out of sand can and does occur. This causes our customers to go to other states or the Front Range in search of sand while we arrange for the new rail cars to be moved onto the site. Additionally, the new silos will allow for up to three trucks to fill with sand at once, up from our one -at -a -time practice, greatly reducing wait times and lines that often occur. At present,on a good day, we can process about seven to eight trucks an hour. Even at this pace, we see long lines at the terminal as we can simply not meet the industry's demands. These lines have been known to back out all the way to the county road. Reducing wait times should have the ancillary benefit of reducing truck traffic on county roads as fewer trucks will be needed to provide the same amount of sand — i.e., the customer will not need two trucks, one to deliver and one to wait in line, but can use only one vehicle to deliver the material. These proposed silos are also specially designed to meet the needs of the product. Ninety percent of the sand we deliver must be a certain size. When sand is allowed to roll out over a long distance, the larger particles migrate to the sides. Much like pouring sand out of a bucket, the larger particles go to the sides while the smaller sand forms the top of the cone. This migration can cause the product to be "off spec" and unusable. Thus, the diameter of the silo is very important to reduce the potential that the product becomes unusable. Unfortunately, because we are limited by the diameter of the silo, we can only maximize storage by building the silos taller. To meet the storage requirements, industry demand and product needs, we are proposing to build three silos each 89 feet tall. In order to fill these silos, we must then also construct one bucket elevator that will be an additional 43 feet above the silos. While in excess of the particular district's height limitation, it is not completely out of character for the area, which is a rail road unloading and storage area. On the adjacent property, leased by the Holcim Cement Company, are several white silos that are 94 feet tall from top to bottom. A gas flare structure 135 feet tall is also nearby as well as a number of smaller green silos with yellow tops. We might point out that there are also several silos down the road near Parachute that are approximately 94 feet tall with elevators that approach 160 feet tall and large power lines approximately 180 feet in height. Notwithstanding the surrounding area, we would appreciate your thoughts on how to best mitigate the visual impact of these structures. Attached to this letter are copies of a number of letters of support that we have received from various parties that are interested in seeing this project come to Glass Sands • Frac Sands • Foundry Sands • Foundry Customix • Ground Silica • Feldspar • Nepheline Syenite • Kaolin High Purity Quartz • Microcrystalline Silica • Dolomite • Olivine • Southern Bentonite • Specialty Sands • Ball Clay urnmrn Unimin Corporation 258 Elm Street, New Canaan, CT 06840 Phone: 203-966-8880 Fax: 203-966-3453 or 203-972-1870 completion. These letters all express the need for more storage and problems that these entities face when forced to leave the county to search for sand. I look forward to meeting with you next week and discussing our project. s tr en Jam Director ransportation Operations UNIMIN Corporation Glass Sands • Frac Sands • Foundry Sands • Foundry Customix • Ground Silica • Feldspar • Nepheline Syenite • Kaolin High Purity Quartz • Microcrystalline Silica • Dolomite • Olivine • Southern Bentonite • Specialty Sands • Ball Clay UNION PACIFIC U1111 August 21, 2007 The Honorable John Martin, Chairman The Honorable Larry McCown The Honorable Tresi Houpt Garfield County Commissioners 108 8t" Street, #213 Glenwood Springs, CO 81601 Dear Commissioners Martin, McCown, and Houpt: Richard M. Hartman Spe,idl Representative to the President I am writing to lend Union Pacific's support to the project Unimin Corporation is proposing at Lacy, Colorado, to construct three sand storage silos. This project is to be completed on land that Unimin leases from Union Pacific and is an extension of land they have leased from us for a number of years. We have thoroughly reviewed the plans finding them satisfactory that they meet all of our engineering guidelines for new construction. As you know, this region of Colorado has experienced rapid growth in the past few years due to the increased drilling that is taking place. We are projecting that Unimin will ship approximately 2,600 carloads of sand in 2007 from their Minnesota sand plants to Lacy, and this business is expected to grow in the future. When completed, this project, which will add 6,000 tons (60 railcars) of storage to this area, will be a positive not only for Unimin and Union Pacific but the entire region. Additional storage will allow Unimin to process railcars more timely and consistently which will reduce the amount of time the cars remain in our Grand Junction yard or at Lacy. In addition, a more consistent unloading schedule will reduce the peaks and valleys of local truck deliveries from the sand terminal to the drilling sites. By having a supply of sand on hand at all times Unimin will be able to load trucks more consistently. This will allow them to load trucks throughout the week and not just on the days they receive a switch from Union Pacific. We currently switch their terminal on Tuesdays, Thursdays, and Saturdays. We would appreciate your favorable consideration of this worthwhile project. Should you have any questions for Union Pacific about this project, please contact Steve Nielsen, Senior Business Manager, at (610) 530-1910 or via e-mail at sinielsen(a up.com. Sincerely, tC IC UNION PACIFIC RAILROAD 2120 Carey Avenue Suite 410 Cheyenne, WY 82001 ph. t 307 778-3359 E.,__P August 17, 2007 Garfield County Commissioner c/o Balcomb & Green, P.C. Attorneys at Law P.O. Drawer 790 818 Colorado Avenue Glenwood Springs, CO 81602 Re: Unimin SUP Application Dear County Commissioner: BJ Services Company, U.S.A. (BJ) provides goods and services to the oilfield stimulation fracturing market segment and has made a long term commitment to Western Colorado oil and gas development. BJ supports Unimin's endeavor to expand their Lacy Terminal. Unimin is a key supplier for frac sand proppants to the oil and gas stimulation market. We believe the Lacy Terminal expansion will play a strategic role in the future development of the oil and gas opportunities for Western Colorado. BJ and Unimin have had a long history working together in providing well stimulation services to the oil and gas industry. It has been BJ's experience that Unimin has employed best business practices in maintaining and operating their terminals and BJ feels confident their Lacy Terminal will be no exception. We look forward to doing business with Unimin at their expanded Lacy Terminal. Regards, '."'I'gfr'''""''.---...'Ytt:.Cf2:xaQk...... '441;›)...6.0.6 Michael Dory Senior District Manager BJ Services USA 2403 River Road Grand Junction, Colorado 81505 Well Services 783 22 Road GrandJunction, CO 81505 Tel (9/0) 683-4000 August 29, 2007 To: John Martin, Chairman Larry McCown, Commissioner Tresi Houpt, Commissioner Garfield County Commissioners 108 8th Street # 213 Glenwood Springs. Colorado 81601 Re: Unimin sand terminal expansion Sirs, SOOlumberger The Unimin sand terminal located off the West Rifle exit in Garfield County, CO is a strategic part of a supply system bringing materials into the area to support the gas drilling industry. Through the years Unimin and their terminal operator Goodrich Mud Company have supplied frac sand needed to stimulate production in gas wells across the Western Slope. The fantastic growth in the Piecance Basin has led to record volumes through this terminal. Track extensions in 2004 and 2006 increased the storage capacity of the Lacy terminal, but the growth rate of the local industry, and especially the commitments being made by major industry producers, indicate it is time to once again improve the supply infrastructure. The addition of the proposed storage silos will mean less congestion and help to smooth out the flow of both incoming rail cars and outgoing trucks. Schlumberger has had Tong -term positive relationships with both Unimin and Goodrich Mud Company, and we are very sincere in offering our support for this expansion project. Thank you for your consideration, Stephen G. Mullinax Schlumberger Well Services USWest Supply Manager August 13, 2007 To: Garfield County Commissioners John Martin, Chairman Larry McCown, Commissioner Tresi Houpt, Commissioner From: Russ Justice Brady Trucking, Inc. 356 27 '/2 Rd. Grand Junction, Colorado 81501 To Whom it may concern; I am writing this letter in support of a Rail Served Sand Silo Storage area at Lacy, Colorado. We employ approximately 35 people in this area. We have hauled from this rail site for several years. There are countless hours spent waiting on rail switches so storage in this area would be most welcomed, not to mention the loading of trucks in a timely manner and therefore getting our drivers home earlier each day. Also it would stop a lot of trucks being sent to Brighton, Rock Springs, Canada, New Mexico and several other places chasing sand. The Safety aspect alone is reason enough to put these silo's in place. We can do twice the work with less trucks if this happens. ankyou Russ Justice_ Operations Manager Brady Trucking, Inc. September, 5, 2007 Mr. Larry McCown Garfield County Commissioner 108 8`h Street, Suite 213 Glenwood Springs, CO 81601 Larry, I enjoyed our visit during our outing at the Energy Invitational Golf Tournament, and appreciate your interest and concern of Energy development of Garfield County. You have always been willing to listen to our industry, and offer good pointed direction on issues concerning the issues that face our industry and the citizens of Garfield County. The balanced approach you take has greatly benefited Garfield County. I am asking for your support of Unimin's proposed 6000 Ton Sand Silo at the Lacy Terminal. As you know this is the Industry's primary point of sand delivery and the site is used by Halliburton and most of our competitors to off-load Frac sand. The increased activity in the area has us bottlenecked at this delivery point, with excessive wait times to load our trucks. The silo will naturally provide us with storage, but more importantly, it will allow us to reduce waiting time to load. The overhead silo will be able to load 2 trucks every 15 minutes versus 1 truck every 30-45. This will help reduce our need to have additional drivers because we will be logging less DOT time and therefore we will need fewer drivers to accomplish sand delivery. Again, I appreciate what you and the Garfield County Commissioners do for the Energy Industry. We cannot succeed without your support. Sincerely, Larry D. Kent District Manager Halliburton Energy Grand Junction, CO August 28, 2007 John Martin, Chairman Larry McCown, Commissioner Tresi Houpt, Commissioner Garfield County Commissioners 108 8th Street #213 Glenwood Springs, Colorado 81601 Dear Garfield County Commissioners My name is Robert Goodrich. I am the local manager for an independent company (The Goodrich Mud Company) that operates the UNIMIN sand terminal in West Rifle. I am currently a proud resident of Rifle, CO and could not be happier with my place of residence, professionally and personally! The terminal is next to at least seven very large commercial buildings that are surrounded by cranes, heavy equipment, rental trailers, tractor trailers, off -colored silos, and pipe -yards. The closest residential subdivision/park is 3 miles away. The consumer demand for energy is not decreasing. I can only imagine that streamlining the production of it is in the best interest of all citizens' whether they are connected to the Oil and Gas Industry or not. When we run out of sand, the cost to get it goes up, traffic increases, productivity and safety. decreases. Our supply affects every single energy company out here! UNIMIN silos will drastically reduce the odds of running out of sand. It will relieve myself and all involved in the transport and use of our product of the wicked hours and stresses often found in our current storage and loading capabilities. I love my family and the great company we work for. I am a new resident to Garfield County, but we are certainly not new to working here. We are currently in our 12th year of business in the exact same location in West Rifle. I have nothing but strong support for the Unimin silo project. I sincerely hope that you may see the positive impact that it will have on myself as well as the many people who are directly involved in the fracturing industry in Colorado. Thank you for you time, Sincerely, Robert Goodrich The Goodrich Mud Company Page 1 of 1 Craig Richardson From: Scott Grosscup [sgrosscup@balcombgreen.com] Sent: Tuesday, September 18, 2007 11:25 AM To: Craig Richardson Subject: RE: Unimin Attachments: 9-18-07 Photo No 4.pdf; 9-18-07 Photo No 1.pdf; 9-18-07 Photo No 2.pdf; 9-18-07 Photo No 3.pdf Craig: Thanks for taking the time last week to conduct the site visit. We hope it was informative. I wanted to update you on the status of our "height" research. We have asked Sexton Survey to look at the heights of the various structures in the general neighborhood. They should provide us something in the next couple of days. We have done our own inspection determined that the Holcim Cement Plant is 84 feet tall, from base to top. The Ground is also about five feet higher in elevation based upon GPS readings. This would put the top of the cement plant just above the top of the silos. Once we have these verified, I will send you the information. Also. section 5.06.01 of the Garfield County Zoning Resolution states that height limitations do not apply to elevator cupolas. We understand this provision would apply to the elevator for the silos and the bucket elevator is exempt from any height restrictions. I have also attached the images you requested. We had to scan as I do not have the originals. I hope they are acceptable for the present needs. I look forward to speaking with you soon about this project. Yours truly, Scott Grosscup Balcomb & Green, P.C. Phone: 970-945-6546 Fax: 970-945-8902 This message may contain or attach confidential or privileged information. Any disclosure, use or retention of this message and any attachments by unintended recipients is unauthorized. 9/18/2007 Hrl t t ;.„ • Or 4 „ , , t's 7— h 11'0 r ; • 0 0 89' -0" HI 132-0 39.WHaSK: OAOU()P THIS DRA PR'?TY OF THE CAGY NE:SW. It NIS SEI SPt.r.'IFJCAi_LY FOR 1 r A44.% OT TO 8ii•&( O'NER PuRP0a LOCA T OntVER Vof rHOOT rr CONSEN 1 OF 7' NE zINGWEWR (I) IACY 440 L.,3ELING ENCINFE.-.RINC, UNIMIN CORPORATION RIFLE, COLORADO SAND UNLOADING TERMINAL GENERAL ARRANGEMENT - SECTION LACY & EBELING ENGINEERING INC. TEL: (406) 751-1068 beat LE-ENG011-ENG.G01.4 GREAT ikaS, MONTANA NYld 11V2I3A0 .32'-O 1/2. 12.-T (TO BE DETEPJANED) 31VOS *ma ONLLSIX3 MIS ORAIWNG S ThPR P,F.R 77' OP 7HE ENG.1..ZA. .T HAS &ZEN Plik.7.ARED S,ECIP7C,LLY FOR THIS PROJECT ANO IS :or 70 i UZWO FOR AN Y OTHER PuRPOSE. .0C 7' C.#7 OANER 111 MOUT i7TCONSENT THE rR. IACY AND ERLUNG. ENGINEERING, oNS:. UNIMIN CORPORATION RIFLE, COLORADO SAND UNLOADING TERMINAL GENERAL ARRANGEMENT — OVERALL PLAN ELACY & EBELING ENGINEERING INC. FAA, 04.16; /6 i -4C,2F1 la: (406) 761- i Oda EMAiL: LE-ENGCNE-ENG.COm CAT FALLS, MONTANA