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HomeMy WebLinkAbout1.00 Application    Outdoor Storage Yard Limited Impact Review: 12/18/20 Property: 013114 Highway 82 Carbondale, CO 81623 Applicant: All Valley Storage/Crystal Ranch Corp. Contact: Travis Stewart Email: tjs@ws-materials.com Cell: 970.309.1515 ~ J\LLVJ\LLEY STORI\CiE Storage Yard Application 2020       Table of Contents:  1. Application Form and Fee           2. Agreement to Pay Form          3. Title Commitment           4. Statement of Authority & Letter of Authorization      5. Mineral Owners of Record         6. Adjacent Property Owners         7. Project Narrative & Additional Comments & Anticipated Questions   8. Copy of Pre‐Application Conference Summary       9. 4‐203.C. Vicinity Map          10. 4‐203.D./.E. Site Plan & Grading/Drainage/Reclamation/Erosion Plans        11. 4‐203.G. Impact Analysis Summary & 2011 SUP Impact Analysis      12. 4‐203.L. Traffic Letter          13. 4‐203.M. Water Supply Plan / 4‐203.N. Wastewater Supply Plan    14. Will Serve Letter           15. Section 7, Divisions 1,2,3 and 7‐1001        16. CTL Thompson Report          17. Sopris Engineering Report / Drainage Study       18. AVS Sample Lease            19. CDOT Access Permit          20. Garfield County Access permit         21. Site Storm Water Management Plan        22. CRH/Oldcastle Lease          Storage Yard Application 2020   2 | Page             Application Form and Fee:  (attached)         Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION Administrative Review Development in 100-Year Floodplain Limited Impact Review Development in 100-Year Floodplain Variance Major Impact Review Code Text Amendment Amendments to an Approved LUCP LIR MIR SUP Rezoning Zone District PUD PUD Amendment Minor Temporary Housing Facility Administrative Interpretation Vacation of a County Road/Public ROW Appeal of Administrative Interpretation Location and Extent Review Areas and Activities of State Interest Comprehensive Plan Amendment Accommodation Pursuant to Fair Housing Act Pipeline Development Variance Time Extension (also check type of original application) INVOLVED PARTIES Owner/Applicant Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ Representative (Authorization Required) Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ PROJECT NAME AND LOCATION Project Name: _____________________________________________________________________________________ Assessor’s Parcel Number: ___ ___ ___ ___ - ___ ___ ___ - ___ ___ - ___ ___ ___ Physical/Street Address: ________________________________________________________________ Legal Description: ______________________________________________________________________ _____________________________________________________________________________________ Zone District: ___________________________________ Property Size (acres): __________________ cG Garfield County PROJECT DESCRIPTION REQUEST FOR WAIVERS Submission Requirements The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: ______________________________ Section: _________________________________ Section: ______________________________ Section: _________________________________ Waiver of Standards The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: ______________________________ Section: _________________________________ Section: ______________________________ Section: _________________________________ I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. ______________________________________________________ __________________________ Signature of Property Owner or Authorized Representative, Title Date OFFICIAL USE ONLY File Number: __ __ __ __ - __ __ __ __ Fee Paid: $_____________________________ Existing Use: ____________________________________________________________________________________ Proposed Use (From Use Table 3-403): ____________________________________________________ Description of Project: __________________________________________________________________ 1.The Decision you are appealing. 2.The date the Decision was sent as specified in the notice (date mailed). 3.The nature of the decision and the specified ground for appeal. Please cite specific code sections and/or relevant documentation to support your request. 4.The appropriate appeal fee of $250.00. 5.Please note a completed Appeal Application and fees must be received within 30 calendar days of the date of the final written Administrative Interpretation. For Appeal of Administrative Interpretation please include: Storage Yard Application 2020   3 | Page        Agreement to Pay Form:  (attached)                            G"rfie/1/ Co 1111 ty PAYM ENT AGREEM ENT FORM GARFIELD COUNTY l"COVNTY") a.nd P roperty owner ("APPUCANT"') ___________ _ ~A~l~I V=•"~e~v~S~tora=~ge~ ____________________ agree as follows: 1. Tbe Applican t h as submitted to the county an application fo r the followi ng Project: __ _ Outdoor Stor age Yard-Crys tal Ran ch Co,p. 2. The App lican t understands and agre-es that Garfield count'( Resolution No. 2014 •60, as a mended, establishes a fee sc.heoole fo r each type applk atfon, and the guidelines for tt"le admin~tration of the fee structure . 3. Tfte Applican t a nd the county agree, that because of the size, nature or scope of the p ro posed project, it is not possible at this t ime to ascertain the ful l exte.nt of the costs involved in processing the a p plk attOn. The Applicant agrees to make paymen t of the Base f ee, established for t he Project, and to thereafter permit .idditional costs to be bi!Jed t o the Applki:rlt. The Applic.ant igrte.i to mike additio n-a] payments upon notific-ation by t he county, w hen they are necessa.ry, as costs are i ncu rred. 4. The 8.ase Fee shall be in addition to a nd exclusive of any cost for pu blication o r cost of consulting: service detennined necessary by the Boa rd of county commissio ners for the consideratio n of an app lic.ation or additional county staff time or expense not covered by t he Base Fee. If ..cru.aJ recorded costs ellceed the initial aase fff, the Applicant shall pay additiona l billi ngs to the county to reimbu rse the county for the processi ng of the Project. The Applican t acknowledges that all biUing st.al l be paid pl'ior to the final considera tion by t he county of any Land use change or Division o f La nd. 1 hereby agree to pay all fees r elated to thi.s application: Billi ng contact Person:._T_r_a_v_is_S_te_w_a_rt _________ Phone: ( 970 ) 309-1515 Billing contact Address: _PO __ B_O_X_1_4_39 __________________ _ coy: Carbonda l e State:~ ZipCode: _8_1_6_2 _3 __ _ Billi ng contact Email: tjS@wS--matefiaJS .C0m Printed Harne of Person Authorized to Sign : _T_r_a_v _is_J_._S_t_e_o_ia_rt _____________ _ 1211 1/20 (Signature) (Date) Storage Yard Application 2020   4 | Page          Title Commitment & Ownership Information         INVOICE Land Title Guarantee Company 5975 Greenwood Plaza Blvd Suite 125 Greenwood Village, CO 80111 970-945-2610 TRAVIS STEWART TRAVIS STEWART PO BOX 1319 Carbondale, CO 81623 Invoice Number:GWS-5783 Date: December 03, 2020 Order Number:63016217 Property Address:13114 HIGHWAY 82 CARBONDALE 81623 Parties:To Be Determined Buyer Invoice Charges Service: TBD Commitment Ref: 63016217 Addr: 13114 HIGHWAY 82 Party: CRC, LLC, A COLORADO LIMITED LIABILITY COMPANY Total Amount Invoiced: Less Payment(s): Balance Due: $217.00 $217.00 $0.00 $217.00 Due and Payable upon receipt Please make check payable to Land Title Guarantee Company and send to the address at the top of Page 1. Please reference Invoice Number GWS-5783 on your Payment Page 1 invoice.odt 14420 07/2015 07/30/13 11:06:43 AM Reference Your Reference Number:TBD Commitment - 63016217 Our Order Number:GWS-5783 Our Customer Number:84641.1 Invoice Requested by:TRAVIS STEWART Invoice (Process) Date:December 03, 2020 Transaction Invoiced By:Web Services Email Address:system@ltgc.com Land Title GUARANTEE COMPANY WWW .LTGC .COM Land Title Guarantee Company Customer Distribution PREVENT FRAUD - Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. Order Number:GC63016217 Date: 12/03/2020 Property Address:13114 HIGHWAY 82, CARBONDALE, CO 81623 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance For Title Assistance Land Title Garfield County Title Team 901 GRAND AVENUE #202 GLENWOOD SPRINGS, CO 81601 (970) 945-2610 (Work) (970) 945-4784 (Work Fax) glenwoodresponse@ltgc.com Buyer/Borrower TO BE DETERMINED BUYER Delivered via: Electronic Mail Seller/Owner C/O ALL VALLEY STORAGE Attention: TRAVIS STEWART Delivered via: Electronic Mail Land Title Guarantee Company Estimate of Title Fees Order Number:GC63016217 Date: 12/03/2020 Property Address:13114 HIGHWAY 82, CARBONDALE, CO 81623 Parties:TO BE DETERMINED BUYER CRC, LLC, A COLORADO LIMITED LIABILITY COMPANY Visit Land Title's Website at www.ltgc.com for directions to any of our offices. Estimate of Title insurance Fees "TBD" Commitment $217.00 Total $217.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the effect of these documents on your property. Chain of Title Documents: Garfield county recorded 11/02/2006 under reception no. 710307 Garfield county recorded 12/30/2003 under reception no. 643858 Garfield county recorded 04/16/2001 under reception no. 579332 at book 1245 page 659 Garfield county recorded 07/13/1973 under reception no. 259161 at book 447 page 177 Garfield county recorded 07/13/1973 under reception no. 259162 at book 447 page 178 Garfield county recorded 06/10/1968 under reception no. 241101 at book 395 page 20 Garfield county recorded 01/31/1959 under reception no. 204227 at book 315 page 10 Land]tle' Property Address: 13114 HIGHWAY 82, CARBONDALE, CO 81623 1.Effective Date: 11/10/2020 at 5:00 P.M. 2.Policy to be Issued and Proposed Insured: "TBD" Commitment Proposed Insured: TO BE DETERMINED BUYER $0.00 3.The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4.Title to the estate or interest covered herein is at the effective date hereof vested in: CRC, LLC, A COLORADO LIMITED LIABILITY COMPANY 5.The Land referred to in this Commitment is described as follows: A PARCEL OF LAND SITUATED IN THE E1/2SE1/4 OF SECTION 23, LOTS 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13 OF SECTION 26, LOTS 1, 6, 7, 8, 9 OF SECTON 27, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 23, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE, THE POINT OF BEGINNING; THENCE S 04 DEGREES 11' 39" W ALONG THE EASTERLY LINE OF SECTION 26 A DISTANCE OF 1363.18 FEET TO THE NORTH SIXTEENTH CORNER OF SECTION 26 AND SECTION 25, A BLM CAP IN PLACE; THENCE CONTINUING ALONG SAID EASTERLY LINE S 04 DEGREES 11' 15" W 882.42 FEET; THENCE LEAVING SAID EASTERLY LINE S 89 DEGREES 58' 54" W ALONG THE NORTHERLY LINE OF GOVERNMENT LOT 8 A DISTANCE OF 441.01 FEET TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NO. 241101 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE, A REBAR AND CAP L.S. #19598 IN PLACE; THENCE S 02 DEGREES 54' 54" W ALONG THE EASTERLY BOUNDARY OF SAID PARCEL 134.10 FEET TO A REBAR AND CAP L.S. #27613 IN PLACE; THENCE CONTINUING ALONG SAID EASTERLY LINE S 32 DEGREES 28' 54" W 435.00 FEET TO A REBAR AND CAP L.S. # 27613 IN PLACE; THENCE CONTINUING ALONG SAID EASTERLY LINE S 58 DEGREES 20' 54" W 471.00 FEET TO A REBAR AND CAP L.S. #19598 IN PLACE; THENCE CONTINUING ALONG SAID EASTERLY LINE S 46 DEGREES 47' 54" W 964.00 FEET TO A REBAR AND CAP L.S. #19598 IN PLACE; THENCE CONTINUING ALONG SAID EASTERLY LINE S 38 DEGREES 58' 54" W 245.00 FEET TO A REBAR AND CAP L.S. #19598 IN PLACE; THENCE CONTINUING ALONG SAID EASTERLY LINE S 20 DEGREES 31' 54" W 586. 43 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF STATE HIGHWAY NO. 82, A REBAR AND CAP L.S. #19598 IN PLACE; THENCE N 75 DEGREES 41' 08" W ALONG SAID NORTHERLY RIGHT-OF-WAY 86.22 FEET; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY N 17 DEGREES 10' 22" E 115.01 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N 72 DEGREES 49' 38" W 100.00 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S 17 DEGREES 10' 22" W 120.00 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N 75 DEGREES 41' 08" W ALONG SAID NORTHERLY RIGHT-OF-WAY 200.32 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N 72 DEGREES 49' 38" W 1100.00 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N 69 DEGREES 00' 38" W 37.47 FEET TO A POINT ON THE EASTERLY LINE OF GOVERNMENT LOT 13, A REBAR AND CAP L.S. #27613 IN PLACE; THENCE LEAVING SAID RIGHT-OF-WAY N 00 DEGREES 03' 08" W ALONG THE EASTERLY LINE OF GOVERNMENT LOT 13 A DISTANCE OF 282.77 FEET TO A REBAR AND CAP L.S. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:GC63016217 #27613 IN PLACE; THENCE LEAVING SAID EASTERLY LINE S 84 DEGREES 41' 00" W 251.75 FEET TO A REBAR AND CAP L.S. #27613 IN PLACE; THENCE N 68 DEGREES 30' 55" W 452.94 FEET TO A POINT ON THE NORTHERLY LINE OF SAID GOVERNMENT LOT 13, A REBAR AND CAP L.S. #27613 IN PLACE; THENCE N 89 DEGREES 50' 38" W ALONG SAID NORTHERLY LINE 787.55 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF SAID STATE HIGHWAY NO. 82, A REBAR AND CAP L.S. #27613 IN PLACE; THENCE N 72 DEGREES 50' 07" W ALONG SAID NORHTERLY RIGHT-OF-WAY 260.97 FEET; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY N 73 DEGREES 16' 36" W 437.06 FEET; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1950.00 FEET AND A CENTRAL ANGLE OF 17 DEGREES 33' 00" A DISTANCE OF 597.30 FEET (CHORD BEARS N 82 DEGREES 04' 37" W 594.96 FEET); THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY S 89 DEGREES 08' 53" W 32.40 FEET TO A CDOT RIGHT-OF-WAY MONUMENT IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY N 77 DEGREES 38' 38" W 141. 70 FEET TO A CDOT RIGHT-OF-WAY MONUMENT IN PLACE, THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY S 89 DEGREES 09' 30" W 340.31 FEET TO A POINT ON THE EASTERLY BOUNDARY LINE OF DIXON SUBDIVISION AS AMENDED; THENCE LEAVING SAID NORTHERLY RIGHT- OF-WAY N 00 DEGREES 00' 21" W ALONG THE EASTERLY LINE OF SAID SUBDIVISION AND SAID EASTERLY LINE EXTENDED 1009.99 FEET TO POINT ON THE NORTHERLY LINE OF GOVERNMENT LOT 6 OF SAID SECTION 27; THENCE N 88 DEGREES 32' 33" E ALONG SAID NORTHERLY LINE OF SAID GOVERNMENT LOT 6 A DISTANCE OF 55.01 FEET TO THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 1; THENCE N 00 DEGREES 35' 37" E ALONG THE WESTERLY LINE OF SAID GOVERNMENT LOT 1 A DISTANCE OF 914.30 FEET TO THE NORTHEAST SIXTEENTH CORNER OF SAID SECTION 27, A BLM CAP IN PLACE; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 1 S 88 DEGREES 41' 05" E 1296.82 FEET TO THE NORTH SIXTEENTH CORNER OF SAID SECTION 27 AND SECTION 26, A BLM CAP IN PLACE; THENCE S 89 DEGREES 59' 06" E ALONG THE NORTHERLY LINE OF GOVERNMENT LOT 4 AND LOT 3 OF SAID SECTION 26 A DISTANCE OF 2923.75 FEET TO THE NORTH- CENTER SIXTEENTH CORNER OF SAID SECTION 26, A BLM CAP IN PLACE; THENCE S 89 DEGREES 09' 48" E ALONG THE NORTHERLY LINE OF GOVERNMENT LOT 2 A DISTANCE OF 1306.83 FEET TO THE NORTHEAST SIXTEENTH CORNER OF SAID SECTION 26, A 3 1/4" ALUMINUM CAP L.S. #19598 SET IN PLACE; THENCE N 04 DEGREES 07' 35" E ALONG THE WESTERLY LINE OF THE NE1/4NE1/4 OF SAID SECTION 26 A DISTANCE OF 1379.95 FEET TO THE EAST SIXTEENTH CORNER OF SAID SECTION 26 AND SECTION 23, A BLM GAP INPLACE; THENCE N 01 DEGREES 15' 55" W ALONG THE WESTERLY LINE OF THE E1/2SE1/4 OF SAID SECTION 23 A DISTANCE OF 2603.33 FEET TO THE EAST-CENTER SIXTEENTH CORNER OF SAID SECTION 23, A BLM CAP IN PLACE; THENCE N 89 DEGREES 52' 54" E ALONG THE NORTHERLY LINE OF SAID E1/2SE1/4 A DISTANCE OF 1237.65 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 23, A COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE S 02 DEGREES 43' 05" E ALONG THE EASTERLY LINE OF SAID SECTION 23 A DISTANCE OF 1321.92 FEET TO THE SOUTH SIXTEENTH CORNER OF SAID SECTION 23 AND SECTION 24, A BLM CAP IN PLACE; THENCE CONTINUING ALONG THE EASTERLY LINE OF SAID SECTION 23 S 02 DEGREES 47' 35"E 1322.21 FEET TO THE POINT OF BEGINNING.​ TOGETHER WITH THE PROPERTY DESCRIBED IN INSTRUMENT RECORDED JUNE 5, 2001 IN BOOK 1258 AT PAGE 902 AND INSTRUMENT RECORDED AUGUST 4, 2003 IN BOOK 1501 AT PAGE 322 ​ EXCEPTING FROM THE ABOVE:​ THE PARCEL OF LAND RECORDED IN INSTRUMENT RECORDED APRIL 16, 2001 IN BOOK 1245 AT PAGE 659 AND PARCEL OF LAND RECORDED IN INSTRUMENT RECORDED NOVEMBER 2, 2007 UNDER RECEPTION NO. 736678. AND EXCEPTING FROM THE ABOVE:​ THE PARCEL OF LAND DESCRIBED IN INSTRUMENT RECORDED JUNE 13, 2012 AT RECEPTION NO. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:GC63016217 819979 AND RECORDED FEBRUARY 4, 2013 AT RECEPTION NO. 830840 AND EXCEPTING FROM THE ABOVE:​ THE PARCEL OF LAND DESCRIBED IN INSTRUMENT RECORDED MARCH 19, 2012 AT RECEPTION NO. 816136 AND RECORDED FEBRUARY 4, 2013 AT RECEPTION NO. 830840 AND EXCEPTING FROM THE ABOVE:​ A ROADWAY WITHIN LOTS 10 AND 11 OF SECTION 26, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, ALSO WITHIN THE PROPERTY DESCRIBED IN THE DOCUMENT RECORDED NOVEMBER 2, 2006 AS RECEPTION NO. 710307 OF THE GARFIELD COUNTY RECORDS WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE TO A BEARING OF S 89°59'06" E BETWEEN THE N1/16 CORNER OF SAID SECTIONS 26 AND 27 AND THE N- C1/16 OF SAID SECTION 26; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:​ BEGINNING AT A POINT ON THE COMMON BOUNDARY OF SAID DOCUMENT AND THE PROPERTY DESCRIBED IN THE WARRANTY DEED RECORDED DECEMBER 30, 1983 AS RECEPTION NO. 348555 OF SAID COUNTY RECORDS FROM WHENCE SAID N1/16 CORNER BEARS N. 52°19'38"W., A DISTANCE OF 4,386.66 FEET; THENCE LEAVING SAID COMMON BOUNDARY THE FOLLOWING SIX (6) COURSES:​ 1) S 43°03'09" W, 72.85 FEET;​ 2) 94.97 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, RADIUS OF 200.00 FEET AND CENTRAL ANGLE OF 27°12'29" (CHORD S 56°39'24" W, 94.08 FEET);​ 3) S 70°15'39" W, 176.85 FEET;​ 4) 147.95 FEET ALONG THE ARC OF A CURVE TO THE LEFT, RADIUS OF 160.00 FEET AND CENTRAL ANGLE OF 52°58'45" (CHORD BEARS S 43°46'16" W, 142.73 FEET);​ 5) S 17°16'54" W, 4.99 FEET;​ 6) S 59°19'11" W, 67.47 FEET TO A POINT ON THE COMMON BOUNDARY OF SAID PROPERTY DESCRIBED IN THE DOCUMENT RECORDED NOVEMBER 2, 2006 AS RECEPTION NO. 710307 AND THE NORTHERLY RIGHT-OF-WAY OF STATE HIGHWAY NO. 82; THENCE ALONG SAID COMMON BOUNDARY THE FOLLOWING THREE (3) COURSES:​ 1) S 75°40'49" E, 131.97 FEET;​ 2) N 17°10'41" E, 120.00 FEET;​ 3) S 72°49'19" E, 35.93 FEET; THENCE LEAVING SAID COMMON BOUNDARY N 70°15'39" E, A DISTANCE OF 160.27 FEET; THENCE 50.95 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 14°35'43" (CHORD N 62°57'47" E, 50.81 FEET TO A POINT ON SAID COMMON BOUNDARY OF SAID PROPERTY DESCRIBED IN THE DOCUMENT RECORDED NOVEMBER 2, 2006 AS RECEPTION NO. 710307 AND THE PROPERTY DESCRIBED IN THE WARRANTY DEED RECORDED DECEMBER 30, 1983 AS RECEPTION NO. 348555; THENCE ALONG SAID COMMON BOUNDARY N 20°32'00" E, A DISTANCE OF 169.06 FEET TO THE POINT OF BEGINNING AS DECLARATION IN INSTRUMENT RECORDED APRIL 22, 2014 AT RECEPTION NO. 848450.​ COUNTY OF GARFIELD​ STATE OF COLORADO ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:GC63016217 Copyright 2006-2020 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:GC63016217 AMERICAN LAND TITLE ASSOCIATION ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: GC63016217 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. NOTE: THE COMMITMENT DOES NOT REFLECT THE STATUS OF TITLE TO WATER RIGHTS OR REPRESENTATION OF SAID RIGHTS. NOTE: THIS COMMITMENT IS NOT A REPORT OR REPRESENTATION AS TO MINERAL INTERESTS, AND SHOULD NOT BE USED, OR RELIED UPON, IN CONNECTION WITH THE NOTICE REQUIREMENTS THAT ARE SET FORTH IN CRS 24-65.5-103. This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6.(a) Taxes or assessments that 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; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8.EXISTING LEASES AND TENANCIES. 9.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 14, 1894, IN BOOK 12 AT PAGE 307. 10.RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 8, 1899 IN BOOK 12 AT PAGE 526. 11.RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED FEBRUARY 19, 1923 IN BOOK 73 AT PAGE 130. 12.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 MAY 09, 1898, IN BOOK 12 AT PAGE 485. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: GC63016217 13.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 MAY 27, 1895, IN BOOK 12 AT PAGE 366. 14.RESERVATONS AS CONTAINED IN DEED FROM EDITH JAMES, ALSO KNOWN AS EDITH S. JAMES, FREEMAN S. JAMES, ALSO KNOWN AS F.S. JAMES AS FREEMAN SMITH JAMES AND SHIRLEY L. SPARKS (FORMERLY SHIRLEY L. JAMES) TO RICHARD C. MARTIN AND WILMA S. MARTIN, RECORDED JANUARY 31, 1959, IN BOOK 315 AT PAGE 10, PROVIDING AS FOLLOWS: AND PROVIDED FURTHER THAT THE GRANTORS HEREIN, FOR THEMSELVES, THEIR HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS RESERVE, AND EXCEPT FROM THIS CONVEYANCE, AN UNDIVIDED 1/2 INTEREST IN AND TO ALL OIL, GAS AND OTHER MINERALS IN OR UNDER SAID LAND, OR WHICH MAY BE RECOVERED THEREFROM, AND ALSO THE RIGHT OF INGRESS AND EGRESS TO GO UPON SAID LANDS AND DRILL, PROSPECT FOR, AND PRODUCE, ANY SUCH OIL, GAS OR OTHER MINERALS, SUBJECT TO THE CONDITION THAT THE OWNERS OF SUCH RESERVED MINERAL ESTATE WILL BE REQUIRED TO PAY THE SURFACE OWNER ALL DAMAGES OCCASIONED BY ANY DRILLING, PROSPECTING, OR OTHER PRODUCTION OPERATIONS. 15.AS TO A PORTION OF THE E1/2 OF THE SOUTHEAST1/4 OF SECTION 23 AND OF THE NE1/4NE1/5 AND LOTS 1 TO 12 OF SECTION 26, SAND AND GRAVEL LEASE BETWEEN RICHARD C. MARTIN AND WILMA S. MARTIN, AS LESSORS AND ANDY ZEMLOCK, JR. AND MARTIN SCOTT ZEMLOCK, AS LESSEES, FOR A TERM OF YEARS, DATED FEBRUARY 27, 1963 RECORDED FEBRUARY 27, 1963 AT RECEPTION NO. 220571. 16.RIGHT OF WAY FOR THE NICHOLS DITCH AS SHOWN BY MAP AND STATEMENT FILED FOR RECORD JUNE 1, 1895 AS DOCUMENT NO. 18448. 17.RIGHTS OF WAY FOR THE NICHOLS DITCH, THE FIRST ENLARGEMENT OF THE KELSO DITCH AND THE SECOND ENLARGEMENT OF THE KELSO DITCH, AS EVIDENCED BY DECREE RECORDED FEBRUARY 3, 1941 IN BOOK 201 AT PAGE 68, CERTIFICATE OF WATER RIGHTS RECORDED MAY 24, 1958 IN BOOK 309 AT PAGE 30 AND CERTIFICATE OF WATER RIGHTS RECORDED MAY 24, 1958 IN BOOK 309 AT PAGE 31. 18.RIGHT OF WAY AND EASEMENT AGREEMENT FOR ROAD PURPOSES AS GRANTED IN INSTRUMENT RECORDED JUNE 10, 1968 IN BOOK 395 AT PAGE 23. 19.RIGHT OF WAY FOR ROAD PURPOSES AS GRANTED IN WARRANTY DEED FROM JOHN G. POWERS TO RICHARD C. MARTIN AND WILMA S. MARTIN RECORDED JULY 13, 1973 IN BOOK 447 AT PAGE 178 AND AS CONVEYED IN DEED RECORDED APRIL 16, 2001 UNDER RECEPTION NO. 579332. 20.RIGHT OF WAY EASEMENT TO THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY AS GRANTED BY INSTRUMENT RECORDED SEPTEMBER 18, 1975 IN BOOK 454 AT PAGE 198. 21.EASEMENT TO U.S. WEST COMMUNICATIONS, INC. AS GRANTED BY INSTRUMENT RECORDED JULY 12, 1991 IN BOOK 808 AT PAGE 419. 22.RIGHT OF WAY EASEMENT TO U.S. WEST COMMUNICATIONS, INC. AS GRANTED BY INSTRUMENT RECORDED JULY 21, 1991 IN BOOK 808 AT PAGE 422. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: GC63016217 23.RIGHT OF WAY EASEMENT TO HOLY CROSS ELECTRIC ASSOCIATION, INC. FOR AN ELECTRIC TRANSMISSION OR DISTRIBUTION LINE AS GRANTED BY INSTRUMENT RECORDED MARCH 31, 1972 IN BOOK 428 AT PAGE 541. 24.RIGHT OF WAY EASEMENT TO HOLY CROSS ELECTRIC ASSOCIATION, INC. AS GRANTED BY INSTRUMENT RECORDED MAY 25, 1973 IN BOOK 445 AT PAGE 79. 25.RIGHT OF WAY EASEMENT TO HOLY CROSS ELECTRIC ASSOCIATION, INC. AS GRANTED BY INSTRUMENT RECORDED MARCH 6, 1980 IN BOOK 544 AT PAGE 860 AND RECORDED MARCH 19, 1991 IN BOOK 800 AT PAGE 565 AND RECORDED AUGUST 28, 1995 IN BOOK 951 AT PAGE 287. 26.RIGHT OF WAY EASEMENTS TO HOLY CROSS ENERGY AS GRANTED BY INSTRUMENT RECORDED MAY 30, 2000 IN BOOK 1189 AT PAGE 639, IN BOOK 1189 AT PAGE 641 AND IN BOOK 1189 AT PAGE 643. 27.TERMS, CONDITIONS AND PROVISIONS OF EASEMENT, DEEDS AND AGREEMENT RECORDED SEPTEMBER 04, 1992 IN BOOK 840 AT PAGE 970. 28.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN FINDINGS AND DECREE RECORDED MARCH 17, 1994 IN BOOK 896 AT PAGE 1. 29.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RULE AND ORDER RECORDED JANUARY 31, 1975 IN BOOK 468 AT PAGE 518. 30.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED APRIL 05, 2001 IN BOOK 1243 AT PAGE 151 AND AMENDMENT RECORDED OCTOBER 11, 2011 AT RECEPTION NO. 809168. 31.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED JUNE 05, 2001 IN BOOK 1258 AT PAGE 909. 32.TERMS, CONDITIONS AND PROVISIONS OF ORDER RECORDED AUGUST 04, 2003 IN BOOK 1501 AT PAGE 322. 33.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN HOLY CROSS ENERGY RIGHT OF WAY EASEMENT RECORDED AUGUST 28, 2008 UNDER RECEPTION NO. 754761. 34.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN TRENCH, CONDUIT, AND VAULT AGREEMENT RECORDED JUNE 01, 2010 UNDER RECEPTION NO. 786667. 35.EASEMENT GRANTED TO HOLY CROSS ENERGY, A COLORADO CORPORATION, FOR UNDERGROUND ELECTRIC TRANSMISSION OR DISTRIBUTION LINE, AND INCIDENTAL PURPOSES, BY INSTRUMENT RECORDED JUNE 01, 2010, UNDER RECEPTION NO. 786668. 36.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2011-77 RECORDED DECEMBER 14, 2011 AT RECEPTION NO. 811974. 37.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN VIEW PLANE NEGATIVE EASEMENT AND COVENANTS RECORDED MARCH 19, 2012 UNDER RECEPTION NO. 816134. 38.TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED OCTOBER 11, 2011 AT RECEPTION NO. 809167. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: GC63016217 39.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN ROAD CONSTRUCTION AGREEMENT RECORDED MAY 13, 2013 UNDER RECEPTION NO. 834949. 40.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN LAND USE CHANGE PERMIT RECORDED MAY 14, 2013 UNDER RECEPTION NO. 835254. 41.TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS RIGHT OF WAY EASEMENT RECORDED JULY 12, 2013 AT RECEPTION NO. 837919 AND RE RECORDED JULY 25, 2013 AT RECEPTION NO. 838444. 42.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 14-19 RECORDED APRIL 22, 2014 AT RECEPTION NO. 848456. 43.TERMS, CONDITIONS AND PROVISIONS OF UTILITY EASEMENT RECORDED APRIL 22, 2014 AT RECEPTION NO. 848457. 44.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. PC-2014-02 RECORDED APRIL 09, 2014 AT RECEPTION NO. 848030. 45.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2014-20 RECORDED APRIL 22, 2014 AT RECEPTION NO. 848461. 46.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION BY THE GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS, NO. 44, SERIES OF 2016 RECORDED JUNE 28, 2016 AS RECEPTION NO. 878934. 47.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF AMENDED LAND USE CHANGE PERMIT RECORDED JULY 12, 2016 AS RECEPTION NO. 879545. 48.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION BY THE GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS, NO. 32, SERIES OF 2019 RECORDED MAY 22, 2019 AS RECEPTION NO. 920620. 49.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF LAND USE CHANGE PERMIT RECORDED MAY 22, 2019 AS RECEPTION NO. 920621. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: GC63016217 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. The Subject real property may be located in a special taxing district.(A) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (B) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. (C) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (A) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. (B) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. (C) The Company must receive payment of the appropriate premium.(D) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. (E) Land]tle' Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (A) That such mineral estate may include the right to enter and use the property without the surface owner's permission. (B) JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to your non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and The public records maintained by governmental entities that we obtain either directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We may share your Personal Information with affiliated contractors or service providers who provide services in the course of our business, but only to the extent necessary for these providers to perform their services and to provide these services to you as may be required by your transaction. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT STATED ABOVE OR PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Land]tle' • • • • • • • • • Commitment For Title Insurance Issued by Old Republic National Title Insurance Corporation NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. . COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY i. comply with the Schedule B, Part I—Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (b) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (d) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (f) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (g) “Title”: The estate or interest described in Schedule A.(h) the Notice;(a) the Commitment to Issue Policy;(b) the Commitment Conditions;(c) Schedule A;(d) Schedule B, Part I—Requirements; and(e) Schedule B, Part II—Exceptions; and(f) a counter-signature by the Company or its issuing agent that may be in electronic form.(g) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (a) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (b) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (c) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (d) The Company shall not be liable for the content of the Transaction Identification Data, if any.(e) I _I I 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Senior Vice President This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Land Title Insurance Corporation. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (f) In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (c) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (d) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f) OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South, Minneapolis, Minnesota 55401 (612)311-1111 By President Attest Secretary Storage Yard Application 2020   5 | Page        Statement of Authority  &  Authorization Letter  (attached)         Authorization Letter Crystal River Corp- Storage Facility December 7th, 2020 Garfield County Building and Planning Department 108 8th Street, Suite 201 RE: Crystal Ranch Corp Limited Impact Review- Storage Facility Dear Ms. Allen, This letter is to certify that Crystal Ranch Corp authorizes Travis Stewart of All Valley Storage, LLC to represent it for the Limited Impact Review to permit the development of an outdoor vehicle, trailer, boat and RV storage facility on our property. The Contact information for All Valley Storage is: Travis Stewart Manager All Valley Storage, LLC 0082 County Road 113 PO Box 1319 Carbondale, CO 81623 970-309-1515 tjs@ws-materials.com Sincerely, Barbara Hapgood President, Crystal River Corp. Storage Yard Application 2020   6 | Page          Mineral Owners of Record:  (attached)           s Date: 12/28/2020 Travis Stewart Western Slo pe Materials PO Box 1319 Carbondale CO 81623 Sent via Email to: tjs@ws-materials.com Eric D . Mccafferty Compass Mountain Land Use, LLC Post Office Box 86 Glenwood Springs, CO 81602 970.618.0837 RE: Adjacent Ownership, Mineral Ownership and Lessees / Parcel Number 2393-264-00-007 / Garfield County Travis, Thank you for the above referenced research order. I conducted the res ea rch consistent with Section 4- 203B3(a)(b) of the Garfield County Land Use and Developmen t Code, May 11, 2020 Amendment. While no longer a requirement of the Code, I also cross-referenced mineral ownershi p and any active mineral leases that may be tracked by the Garfield County Assessor. I found no Active Mineral Accounts. Attached is a li st of adjace nt landowners and landowners within 200 feet of the above-referenced parcel, along with mineral ownership and lessees of those minerals. I appreciate the opportunity to work with you and look forward to assisting you in the future w ith your title research and informati on needs on the Western Slope of Colorado. Tha ~ Er ic McCafferty ) Compass Mounta in Land Use LLC ADJACENT OWNERS AND OWNERS WITHIN 200 FEET of APN 2393-264-00-007 2393-253-00-158 Clifford Cerise Ranch Company 86 County Road 104 Carbondale CO 81623 2393-263-00-006 RYOBI Foundation 13110 Highway 82 Carbondale CO 81623 2393-263-00-002 2393-263-00-003 2393-263-00-004 2393 -263-00-005 Bailey Family Investments Co. 1000 Blue Hero n Lane Carbondale CO 81623 State Department of Highways 4201 E Arkan sas Avenue Denver CO 80222 MINERAL OWNERS and LESSEES OF APN 2393-264-00-007 Crystal Ranch Corporation 13 Friday Lane Chapel Hill NC 27514 (No active mineral lease found) Memorandum of Lease for grave l recorded at Heception Number 838315 Lessor: Crystal Ranch Corp Lessee: Oldcastle SW Group In c Sh irl ey L Sparks 14206 Sedrev Road NE Albuquerque NM 87123 No active recorded mine ral lease found Beneficiary Deed recorded at Reception Number 759206. Upon death of the mineral owner noted above (Sparks), this deed conveys mine ral rights to: J William Larue and Karen S Larue 608 Turner Drive NE A lbuqu erq ue NM 87123 End of Report J Storage Yard Application 2020   7 | Page          Adjacent Property Owners (200ft.) :  (attached)         ADJACENT OWNERS AND OWNERS WITHIN 200 FEET of APN 2393-264-00-007 2393-253-00-158 Clifford Cerise Ranch Company 86 County Road 104 Carbondale CO 81623 2393-263-00-006 RYOBI Foundation 13110 Highway 82 Carbondale CO 81623 2393-263-00-002 2393-263-00-003 2393-263-00-004 2393 -263-00-005 Bailey Family Investments Co. 1000 Blue Hero n Lane Carbondale CO 81623 State Department of Highways 4201 E Arkan sas Avenue Denver CO 80222 MINERAL OWNERS and LESSEES OF APN 2393-264-00-007 Crystal Ranch Corporation 13 Friday Lane Chapel Hill NC 27514 (No active mineral lease found) Memorandum of Lease for grave l recorded at Heception Number 838315 Lessor: Crystal Ranch Corp Lessee: Oldcastle SW Group In c Sh irl ey L Sparks 14206 Sedrev Road NE Albuquerque NM 87123 No active recorded mine ral lease found Beneficiary Deed recorded at Reception Number 759206. Upon death of the mineral owner noted above (Sparks), this deed conveys mine ral rights to: J William Larue and Karen S Larue 608 Turner Drive NE A lbuqu erq ue NM 87123 End of Report J Storage Yard Application 2020   8 | Page          Project Narrative & Additional  Comments/Anticipated Questions                                Storage Yard Application 2020     Project Narrative:  The Applicant is proposing to permit an outdoor storage lot on the former Powers Pit Property,  located at the intersection of County Road 103 and Highway 82, Carbondale, CO.   In 2015 a land use  change permit (GAPA 8208) was issued to All Valley Storage for the construction and operation of a  contractor’s storage yard.  In 2019 Rocky Mountain Stone was granted a land use change permit to  operate a retail/wholesale stone yard on the property as well.  This property is zoned Rural and is a  Rural Employment Center as designated on the Comprehensive Plan 2030 Future Land Use Map.    The Applicant anticipates the storage yard to be approx. 5.8 acres (+/‐) in size and used for  outdoor storage of RV’s, motorhomes, trailers, boats, etc.  Because of intermittent use, the Applicant is  not proposing to provide potable water and wastewater may be managed through the placement and  regular servicing of a porta‐john. The main office for the facility will be operated out of a separate  location (All Valley Storage, located on County Road 113), therefore no employees will office on‐site.   This application provides a conceptual storage layout as well as turn modeling to demonstrate  conformance to all applicable land use code standards.        Site Schematic:  Birdseye View looking West       Storage Yard Application 2020     Site layout Detail:    Example of outdoor storage:        Vacant I I ,. I I I I I •.# , : ,_ - Internal Access Road ¢:::::::::i Existing CRH/Urllted conr,,anles Concrete Batch ~/ant ~ --.. n Storage Yard Application 2020     Additional Details and Anticipated Questions:  The following items are listed together to provide clarification on common questions for  applications such as this.    Current Property Uses: The property is currently used by three businesses, CRH/Oldcastle‐ Batchplant, Rocky Mountain Stoneyard and All Valley Storage.  These uses are shown on the  “site schematic”, included in the project narrative.  Site Development: This site was designed (access, drainage, impervious materials calculations,  traffic & landscape) in 2011 for the approval of the Rural Employment Center, which also  included the readymix batch plant on site.  Many of the reports and studies were completed at  that time and remain unchanged as they anticipated future uses such as this application.   Furthermore, the reclamation of the gravel pit included grading the site to conform to the  drawings and approvals.  This application will not require grading, landscaping or any  construction beyond the installation of a fence/gate.    General Operations:  This site will be operated by All Valley Storage.  It is anticipated that hours  of operation would be 6am to 9pm Monday thru Sunday.  The extended hours are due to the  nature of the items being stored such as RVs and Campers.  Users will likely be returning from  weekend camping trips and require access at these times.  Since this site is self‐service we don’t  anticipate this being an issue due to light traffic counts.  Examples of Items to be stored:  It is anticipated that the following items will be stored at this  site: Recreational Vehicles (RV), Campers, Horse Trailers, Box Trailers, Raft Trailers, Flat Trailers,  Camper Vans, Vans, Buses, Trucks, cars, etc.  All Valley Storage will be visually inspecting all  items for potential hazards or issues.  Overnight Stays:  Overnight stays are not permitted and will not be allowed to occur.    Employees: As stated in other parts of this application, there are no full time employees  workign at this site.  Employees of All Valley Storage only visit this site intermittenly to meet  customers, check on the property, clean up any trash and address issues.  Visibility from Surrounding Properties:  This site has no visibilty from neighboring sites due to  the construction of berms that were completed with the reclamation of the gravel pit.   Cars  passing on County Road 103 get a quick view when passing the entrance.  Legal Access:  This site has legal access per the CDOT access permit that was obtained through  the 2011 SUP/Rural Employment Center Designation.  Per the included traffic study, traffic  counts are still well under the approved figures.  Storage Yard Application 2020     Development / Improvement Agreements:  There is no infrastructure or physical  improvements being made to this site beyond fencing.   Development/Improvement  Agreements are not applicable to this application.  Landscape:  This property went through a comprehensive landscape design and construction  during the reclamation of the gravel pit.  This site will contain no additional landscaping as it is  internal to the property and not visible by neighbors or the public.  Future Dump Station:  Due to the lack of available dump sites in this part of the Roaring fork  valley the applicant would like to request the approval of a future dump station for gray and  black tanks to be located in the vicinity of the portable toilet (inside the gate).  A future  approval would be required by Garfield County Environmental Health and specifications would  be provided at that time as well as a management plan and construction details.  Non‐potable  water would be required to help with tank rinsing and wash down as well.  This station would  utilize a tank that would be pumped out and trucked from this site.  A concrete apron and slab  would also be utilized to mitigate any unwanted spills.  This is a future consideration that if  excluded may require the re‐opening of this special use permit so it is the opinion of the  applicant that conditions placed at this time would provide maximum flexibilty.                         Storage Yard Application 2020   12 | Page          Pre‐Application Conference Summary :  (attached)                                1 Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE-APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2393-264-00-007 DATE: 10/8/20 PROJECT: CRC LLC Storage Facility OWNER: CRC LLC REPRESENTATIVE: Travis Stewart & Bobbi Hapgood PRACTICAL LOCATION: 87 County Road 103, located east of the Town of Carbondale ZONING: Rural (R) TYPE OF APPLICATION: Limited Impact Review for Storage Facility I. GENERAL PROJECT DESCRIPTION The Applicant is proposing to develop a portion of the site for a RV and Boa t Storage Facility. Approximately 4 – 5 acres of the site would be utilized. It would be a gated and fenced, self service facility. No on-site employees are proposed. The Applicant also discussed the potential for including a self-contained vault and haul waste/dump station for use by storage customers only. The dump station would need to be permitted by the County Environmental Health Department (OWTS regulations would apply) but could be considered accessory to the Storage use based in part on the use being limited to storage customers and not a stand-alone commercial business. It can be reviewed as part of the Storage application. The site is accessed by existing private driveways serving the industrial uses on the site (batch plant) and a retail stone yard. Access is off of County Road 103 in the proximity of Highway 82. The proposed use would be the third activity on the reclaimed portion of the gravel pit. No facilities including water and sewer services are anticipated for the proposed storage use. [=E{ Garfield County 2 II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS • Garfield County Comprehensive Plan 2030 as amended • Garfield County Land Use and Development Code, as amended o Article III, Zoning ▪ Rural Zone District - Lot/Building Requirements (Table 3-201) ▪ Use Table (Table 3-403) - Storage o Article IV, Application and Review Procedures ▪ Limited Impact Review (Section 4-104) ▪ Common Review Procedures (Section 4-101) ▪ Table 4-102 Common Review Procedures and Required Notice ▪ Table 4-201 Application Submittal Requirements ▪ Description of Submittal Requirements (Section 4-203) ▪ Section 4-118 Waiver from Standards ▪ Section 4-202 Waiver from Submittal Requirements o Article VII, Standards – Division 1 General Standards, Division 2 General Resource Protection Standards, Division 3 Site Planning – as applicable, including Section 7-1001 Industrial Use Standards. o Article 15, Definitions - Storage III. COMPREHENSIVE PLAN 2030 The site has an Industrial Use Designation on the Comprehensive Plan 2030 Future Land Use Map and is located within the Carbondale 3 Mile Area of Influence. An excerpt from the Comprehensive Plan Future Land Use Map is included below. SITE INTE RMI TTE NT PERE NNIAL unspecified type Institutional Land Use Overlay D City/Town limit ■ Urban Growth Area Pub lic Lands / Open Space Future Land Use ■ Industrial ■ M ixedUse ■ Commercia l ■ Res H (7 ,500 sqft to 2 AdDu) ■ Res MH (2 to 6 AdDu) Res M (6 to 10 AdDu) Res L(10+ AdDu) Resource Production/Natural 3 IV. REVIEW PROCESS In summary, the Application will follow the Limited Impact Review Process contained in Sections 4-101 and 4-104 and in Table 4-102 (see attached flow chart): 1. Pre-application Conference 2. Submittal of Application (3 hard copies plus one digital PDF copy on CD or USB Stick) 3. Determination of Completeness: If Technically Complete the Applicant will be notified and the request scheduled for a public hearing before the Board of County Commissioners. If it is not technically complete the Applicant will be advised of the deficiencies. 4. Additional copies of the Application are provided for referral agencies and the Board of County Commissioners. 5. Applicant completes public notice for the public hearing (mailing, posting, and publication) a minimum of 30 days prior to the hearing. 6. Staff prepares a report including public and referral comments 7. Review and Action by the Board of County Commissioners at the public hearing. 8. The Commissioners action is formalized by a resolution. 9. If approved with conditions the Applicant must meet the conditions prior to issuance of the Land Use Change Permit. 10. The Applicant has one year to meet all conditions of approval. V. ADDITIONAL DETAILS ON PROCESSING AND SUBMITTAL REQUIREMENTS In addition to the submittal requirements documented in Table 4-102 and Section 4-203 the following clarifications are provided. o General Application Materials including signed application form, agreement to pay, list of property owners within 200 ft. o List of mineral rights owners on the property and certificate of mineral owner research (see attached). o Narrative Description of the proposal. o A copy of a deed or title commitments confirming the Applicant’s ownership of the property o Statement of Authority for the LLC o Authorizations to represent if other than the owner. o Site Plan showing the proposed use and any related improvements, including circulation, parking and storage areas. It should also show the relationship to the other uses on the site. o Grading and Drainage plans including surfacing proposals. Waivers for some elements can be requested. App lication Submittal 3 Hard Copies 1 Digital PDF Copy (on CD or USB stick) Both the paper and the digital copy should be split i nto individual sections. Please refer to the list included in your pre-appl ication conference summary for the submittal requirements that are appropriate for your application: General Application Materials Vicinity Map Site Plan Grading and Drainage Plan landscape Plan Impact Analysis Traffic Study Water Supply/Distribution Plan Wastewater Management Plan Article 7 Standards 4 o Screening proposals and/or documentation of visibility from adjoining properties. o The Application will need to document that there are no on-site employees and request a waiver from the water supply plan requirements based on the use. o The Application will need to address legal access to the site. o The Application will also need to address compliance with Section 7-107 Roadway Standards including accessibility for RV Vehicles and trailers. o A wastewater treatment plan is required but a waiver may be requested based on the use. Portable toilets can be proposed for customer convenience use. The plan should also include details on the RV Waste/Dump Station including any proposals for a vault and haul disposal system. o The Application will need to address any natural hazards or soils constraints on the site. o Development Agreement and Improvements Agreement are not applicable based on Foot Notes #1 and #2 from Table 4-201 unless determined necessary as part of the review process. o Impact Report. Waivers from certain elements and/or reference to the previous approved uses on the site may be appropriate. o Traffic Study. A waiver from completion of a full traffic study may be considered based on the waiver criteria and should still include basic traffic information and estimates. CDOT Access Permits and any conditions/limitation shall be provided. o The Application will need to address the standards contained in Article 7 and/or request waivers pursuant to Section 4-118. Application formats that follow an outline consistent with Article 7 are an efficient was to expedite the completeness review process. o Section 7-1001 Industrial Use Standards needs to be specifically addressed. The Application submittal needs to include 3 hard copies of the entire Application and 1 Digital PDF Copy of the entire Application (on a CD or USB Stick). Both the paper and digital copies should be split into individual sections. Please refer to this pre -application summary for submittal requirements that are appropriate for your Application. Additional meetings with Staff can be scheduled to address specific questions regardin g waiver requests. VI. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: ___ Director (noticed but not a public hearing) ___ Planning Commission _X_ Board of County Commissioners ___ Board of Adjustment c. Referral Agencies: May include but are not limited to Garfield County Road and Bridge, Garfield County Attorney, Fire Protection District, Garfield County Vegetation Manager, Garfield County 5 Environmental Health, Garfield Consulting Engineer, Colorado Department of Transportation (CDOT), Town of Carbondale. VII. APPLICATION REVIEW FEES a. Planning Review Fees: $__400.00___ b. Referral Agency Fees: $___TBD__ (consulting engineer/civil engineer fees) c. Total Deposit: $__400.00__ (additional hours are billed at $_40.50_ /hour) VIII. GENERAL APPLICATION PROCESSING The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or m ay not be accurate. This summary does not create a legal or vested right. The summary is valid for a six-month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal. XI. PRE-APPLICATION SUMMARY PREPARED BY: 10/26/20 Glenn Hartmann Date Principal Planner 6 A. Section 4-104 Limited Impact 2 Cl) a. E 0 u .!Q -~ E .0 :::, V, V, -:5 C 0 E >- ] "' E ·x 0 a. a. <t Garfield County Limited Impact Review Process (Section 4-104) Step 1: Pre-application Conference •Applicant has 6 months to submit applicatio n Step 2: Application Submittal Step 3: Completeness Review •20 business days to review •If incomplete, 60 days to remedy deficiencies Step 4: Schedule Hearing and Provide Notice •Published, posted, a nd mailed to adjacent prope rty owners within 20 0 feet and mineral owners at least 30 days but no more than 60 days prior to BOCC public hearing Step 5: Referral •21 day comment period Step 6: Evalution by Director Step 7: BOCC Decision •Applicant has 1 year to meet any conditions of approval 7 TO: FROM: DATE: RE: Garfield County MEMORANDUM Staff County Attorney's Office June 24, 2014 Mineral Interest Research Mineral interests may be severed from surface right interests in real property. Colorado revised statute 24-65.5-103 requires notification to mineral owners when a landowner applies for a land use designation by a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 ("LUDC") S ection 4- 10l(E)(l)(b)(4) requires written notice to owners of mineral interests in the subject property "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." It is the duty of the applicant to notify mineral interest owners. The following is a suggested process to research mineral interests: 1. Review the current ownership deed for the property (i.e. Warranty Deed, Special Warranty, Quit Claim Deed or Bargain and Sale Deed-NOT a Deed of T rust). The ownership deed is usually one or two pages. Is there a reservation of mineral interests on the ownership deed? Are there any exceptions to title? A deed may include a list of reservations that reference mineral owners or oil and gas leases. 2. Review your title insurance policy. Are there exceptions to title listed under Schedule B- Ii? If so, review for mineral interests that were reserved and oil and gas leases. 3 . Check with the Assessor's office to determine if a mineral interest has been reserved from the subject property. The Assessor's office no longer documents the mineral reservation ownership for its tax roll records unless ownership has been proven. There are only a limited nwnber of mineral owners who have provided such information to the Assessor's office so this may not provide any information, depending on your property. 8 'MEMO June 24, 2014 Page2 4. Research the legal description of the subject property with the Clerk and Recorder's computer. You can search the Section, Township, and Range of the subject property. You may find deeds for mineral interests for the subject property. 5. Research whether a Notice of Mineral Estate Ownership was filed for the subject property. On the Clerk and Recorder's computer, search under Filter (on the right hand side of the screen), General Recordings, Notice of Mineral Estate Ownership for the subject property. 6. If you find mineral interest owners as reservations on your deed, listed in your title insurance policy, from the Assessor's records or the Clerk and Recorder's computer, you need to detennine whether these mineral interests were transferred by deed and recorded in the Clerk and Recorder's office. 7. Enter the name of the mineral interest owner as the Grantor in the Clerk and Recorder's computer to see if the mineral interest was transferred. If you find a transfer deed, you need to repeat this process to follow any transfer of the mineral interest to present day. 8. Include a description of your research process in your application and the name(s) and address(es) of the current mineral interest owner(s). Mineral interest research can be a difficult and time consuming process. If you are unable to determine mineral rights ownership by yourself, consider hiring an attorney or landman. Attorneys and landmen specialize in determining mineral rights ownership, but they charge a fee for their services. 9 CERTIFICATION OF l(ll'iERAL OWI\"ER RESEARCH This Jonn is robe c;omplet:ed and submitted with any application for a Land Use Change Permit. Min eral Sltere.m may be se-vered from surface rigjrt in te rests i n real property. C.R.S. § 2.4-65.5-101, et seq, rec,.iires notification to m ineral owners when a landowner applies for a n appl icat io n f!W dev e lopment from a local go-.,,emment. As such, the lando-wner must research the current ov.ners of mineral interests for lhe property. The Garfi eld County Land Use and Development Code of 2013 ("LUDC") Section 4-101(EH1KbK41 r,equi res written notice to owners of mineral interests in the subject property in accordance with C.R.S. § 24-655-101, er seq, "as such owners can b e identified through the records in t he office of the O erk and Recorder or Assessor, o r through other m eans.• This fom, is proof of applicant's compliance with ~he Colorado Revised Statutes and 1he LUDC. The ,undersigned app licant certnies that mineral or.vne;rs have been researched for t he sub ject p r operty as requi re d pursuant t o C.R.5. § 24-65.5-101, et seq, a nd Semotl 4-1 01 (E](l)(bX4 l o f the Garfield County Land Use and Development Code, as a mended, As a r esult of that resea rch, t he undersigned app licant certifies the following (Please initial on the blank line next to the stotement that awxat.ely reflects the result of research}: _ I own the entire m in eral ,estate retiti-.e to the sooject property; or _ Mi nerals ar e owned by the parties l isted below The names a nd addresses of any and a II mineral owners ident ified .a-re provided below (attach additiona I ,pages as necessary): Name o f M i neral 0.llllef Mailing Addre ss of Min«al Owner I illliknowledge II reviewed C.R.S. §, 1 4-65.5-101, et sa,, amt I am in rompl'iance with said statue a nd the LUOC Applicant's Signat ur e Dat e 10 Poli cy 01-14 Waivers for Roads and Demonstratio n of Compl ia n ce March 3, 20 1' A 5 Section 7-107, Access and Roadways, of th e Garfield County Land Use and Devel opment Code (LUDC) requires all roads to be designed to p rovide for 1'ad equa te and safe access" and revi ewed by the designated County Engi neer. The LUOC define s "road" as "a County road, State h igh way, ,.wblil: road, st rE:~l or alley, o r private thoroughfare which affords primary access t o ab utti r.g p roperty, exduding a driveway accessing a single property." The LUOC de fines "private ro ad·" as "a right-Of-way constructed, established, owned, and ma in ta i ned by a private party f or access exclusive ly to pri vate p rope rty." Many of the roads in Garfield County are private roads in tha t they are gated and do not serve the general public a nd lhey pu~•-t>xistetl the design currently requi red by the County's Road Standards as def ined in Tab le 7-107. The LUDC allows for the waive r of specifi c standards p rovided that the following crite ri a have been met: 1) an alt ernat ive desi gn ach ieves the Intent of the subject standa rd t o t he same or better degree and 2) the proposed a lternative will impose no greater impacts on adJacent properties than would o ccur t hrough comp liance with the specific standa rd {Section 4·118). In appl ications t hat incl ude roads that do no t meet current County road standards as outlined i n Tab le 7- 107, the County has asked that Appli ca nts request a waiver of Section 7-107.F, Design Standards, and i ncl ude i n the App lication subrn illal suffo.:ient informati o n, prepare.d by a profession.a l qua llfled in the specific discipline, t o de monstrate t hat the\' meet the crite ri a outlined in Secti o n 4-118 t or granting a wa iver . In doing so, the applicati on mus t incl ude: A St atement of A d~uacy -The eva lua tion o f the exi sting ro adway and wa i ver will need to in clude a clear statement t hat finds tha t t he road will be adequate for t he proposed use. Th is statement must be signed by a p rofessio nal engineer qualified in trarric enKillt-eri ng and licensed by l he SI.H e o f Colorado. To suppo rt thi s eva luation, the following informati on will be required to be provided: o Geo metry of t he road -A description o f how the private road docs/doc s not meet t he desiin .stim da rds in Table 7~107. This should Inc lude a cha rt that compares t he private road design to those standards in Tabl e 7-107, as we ll as a map t hat shows t he existing road design and h igh lights those areas t h at devi ate from the standard s. A narrat ive may also be h elpful in descr ibing th e characteristics of the road as t hey compare to Tabl e 7• 107 d esign standards. Unless availabl e, this is not intended to i mply constructi on-l evel drawi ngs. 11 o Safety/Structural Issues -A des<ription ~f obvious safety and/or structural Issues observed and a statement about how these issues will be addressed. o Maintenance -fl description of how the road is and/or will be maintained. This should be supported with the submittal of any existi ng o r proposed mai nlenance agreements for the road sections. o Travel Demand -An accurate count of the existing peak travel demand as woll as the Average Dally Traffic on the road. This should also include tne types of vehi cles that currently use t he road as well as the additional amount and type of traffic that the proposed use will generate through all 1>h•<es of it< development. Other Evidence of Compliance, I n addition, Sectio ns 7-107 A, B, C, D, and E are required to be addressed, wh ich Inclu des documen ta tion about leea l access. Sufficient evi<!ence will be requ ired to be subm itted to demonstrate compliance with these sections of the Code. Storage Yard Application 2020   13 | Page    4‐203 Vicinity Map:              -i=_ ec · nity Map Crysta l Ranch Corp . Pro perty--+'+'~....,_~ -t-tt~--;....:.........-i----1 13 11 2 Hi gh11_ y 82 Car bond ale, Co lorado 81623 Storage Yard Application 2020   14 | Page          Site Plan  &   Grading and Drainage Plan  (attached)                          xxx x x x x x xxxxxxxxxxxxxxxxxx x x x x x xxxxxxxEXISTING CONTRACTOR'S YARD SITE BENCHMARK TS 1 EXISTING UNITED BATCH PLANT LEASE AREA HWY 8 2 EXISTING ACCESS ROAD CR 103EXISITNG ACCESS DRIVExx xx PROPOSED STORAGE YARD PHASE 1 4.75 ACRES PROPOSED STORAGE YARD PHASE 2 1.78 ACRES >>>>>>>>>>>>>1 inch = ft. ( IN FEET ) GRAPHIC SCALE 0 100 OPRISESNGINEERING, LLC.CIVIL CONSULTANTS30198.01COVER SHEET & GENERAL NOTESPOWERS PIT STORAGE YARDJOB NO. SHEET C1.0 DATE:11-23-2020NO.REVISIONBY DATE502 MAIN STREETCARBONDALE, CO 81623(970) 704-0311FAX: (970)-704-0313DESIGNED BYCOUNTY OF GARFIELD, COLORADODRAWN BYCHECKED BYDATEINITIALSLIMITED IMPACT PERMIT APPLICATIONKnow what's R PROPOSED LEGEND PROPOSED CONTOUR PROPOSED CONTOUR INTERVAL PROPOSED SWALE OR DITCH>>>> PROPOSED FENCEx EXISTING LEGEND EXISTING CONTOUR EXISTING CONTOUR INTERVAL PROPOSED CULVERT>>>> VICINITY MAP SITE C1 COVER SHEET & GENERAL NOTES C2 CIVIL SITE PLAN C3 GRADING & EROSION CONTROL PLAN CIVIL PLAN INDEX SITE BENCHMARK BASIS OF ELEVATION: NAVD 1988 ELEVATION OF 6198.22' ON THE SITE CONTROL POINT TS1 AS SHOWN HERE ON. EXISTING UNITED BATCH PLANT LEASE AREA EXISTING RETENTION POND EXISTING ASPHALT EXISTING GRAVEL PROPOSED PHASE 1 STORAGE YARD EXISTING CONTRACTOR'S LEASE AREA PROPOSED PHASE 2 STORAGE YARD 20 40 80 160 -1_1 I I --6200 - - tS:~1 f½/A rz-z:J I I ~film ----7900 --- SCALE: 1"-2,000' below. Call before you dig. CALL 2-BUSINESS DAYS IN ADVANCE BEF'ORE YOU DIG, GRADE, OR EXCAVA1E FOR THE ~ARKING OF UNDERGROUND MEMBER UllLITIES xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx x x x x x x x x x x x xxxxxxxxxxxxxx8 18 18 19 21 24 25 30 EXISTING ROADDUMPSTATION24.00 R20.00 R20.00 PROPOSED GATE PHASE 1 STORAGE 108 SPACES PHASE 2 STORAGE 55 SPACES 50' 16' 50' 50' 100' 50' 50'53'6200620162026 2 0 3 620 4 6205 6206 62 0 7 6199 6198 6197 6 1 9 9 6200 6201620 2 6203 620 4 >>>>>>>>>>>>>>>>>>>>>>>>>>>EXISTING DITCH EXISTING RETENTION POND 1 inch = ft. ( IN FEET ) GRAPHIC SCALE 0 50 OPRISESNGINEERING, LLC.CIVIL CONSULTANTSCIVIL SITE PLANJOB NO. SHEET C2.0 DATE:NO.REVISIONBY DATE502 MAIN STREETCARBONDALE, CO 81623(970) 704-0311FAX: (970)-704-0313DESIGNED BYCOUNTY OF GARFIELD, COLORADODRAWN BYCHECKED BYDATEINITIALSKnow what's R PROPOSED LEGEND PROPOSED CONTOUR PROPOSED CONTOUR INTERVAL PROPOSED SWALE OR DITCH>>>> PROPOSED FENCEx EXISTING LEGEND EXISTING CONTOUR EXISTING CONTOUR INTERVAL PROPOSED CULVERT>>>> EXISTING UNITED BATCH PLANT LEASE AREA EXISTING RETENTION POND EXISTING CONTRACTOR'S LEASE AREA PROPOSED GRAVEL 30198.01POWERS PIT STORAGE YARD11-19-2020COUNTY OF GARFIELD, COLORADOLIMITED IMPACT PERMIT APPLICATION50' ( 50 _J I • ---25 I I I \ \ \ 50 100 I I 200 I -6200- ~~1 ~ZZ:J f;½//2j ......_--....... --...~-----..::::: --------,, ---...... ----------=------::::::----~ --....._--.......-....._ --------...... --===---------..___......__--....... ----~-=-=-==::::--~ -:::::..___..___..___..___ __________ _ --==----------...._-_________ ..::::,-..:::: -.......--.......,, ......__......._ -==-==-==----=-==-==--::::::::-::::..___..___ :::--::::----------------"" below. Call before you dig. YS IN ADVANCE CALL 2-BUSINESS R~~E, OR EXCA\/AlE BEFORE YOU DIG, g or UNDERGROllND FOR THE ~:~~R UllLITlES xxxxxxx>>>>>>>>>>xxxxxxxxxxx>>>>>>>>>>>>>>>>>>>>6198619761996 2 0 2 6203 6 2 0 4 62006200 6194xxxxxxxxxxxxxxxxxxxxxxxxx x x x x x x x x x x x x x x xxxxxxxxxxxxxxxxxx>>>>>>>>>>>>>>>>>>>>CONTRACTOR TO EXTEND 24" HDPE FOR 136 LF @ A MIN OF 1%. INV OUT: 6196.63' INV IN: 6197.98' EX:6199.6'±EX:6199.6'± CONTRACTOR TO TIE INTO EXISTING DITCH. 6199 620062076208 6202 6200 6201 620061996200619961986199620062006200620162026 2 0 3 620 4 6205 6206 62 0 7 6199 6198 6197 6 1 9 9 6200 6201620 2 6203 620 4 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>EXISTING DITCH 6 2 0 0 6 2 0 1 6 2 0 2 6 2 0 3 6 2 0 4 6205 620 6 1 inch = ft. ( IN FEET ) GRAPHIC SCALE 0 40 OPRISESNGINEERING, LLC.CIVIL CONSULTANTSGRADING & EROSION CONTROL PLANJOB NO. SHEET C3.0 DATE:NO.REVISIONBY DATE502 MAIN STREETCARBONDALE, CO 81623(970) 704-0311FAX: (970)-704-0313DESIGNED BYCOUNTY OF GARFIELD, COLORADODRAWN BYCHECKED BYDATEINITIALSKnow what's R PROPOSED LEGEND PROPOSED CONTOUR PROPOSED CONTOUR INTERVAL PROPOSED SWALE OR DITCH>>>> PROPOSED FENCEx EXISTING LEGEND EXISTING CONTOUR EXISTING CONTOUR INTERVAL PROPOSED CULVERT>>>> EXISTING UNITED BATCH PLANT LEASE AREA EXISTING RETENTION POND PROPOSED CONTRACTOR'S LEASE AREA PROPOSED GRAVEL ADS OR CMP CULVERTS TRENCH CROSS-SECTION FOR N.T.S. BASE COURSE BEDDING OF CLASS 6 AGGREGATE STRUCTURAL MATERIAL TO 95% STANDARD PROCTOR 12" MIN. 4" MIN. 12" 12" 30198.01POWERS PIT STORAGE YARD11-23-2020LIMITED IMPACT PERMIT APPLICATIONSEDIMENT CONTROL LOG INSTALLATION NOTES SEDIMENT CONTROL LOG MAINTENANCE NOTES SECTION A - A USE TWO STAKES 1 1/2 ' x 1 1/2 " x SUFFICIENT LENGTH TO EMBED AT LEAST 12" INTO SOIL AT EACH END OF LOG USE A STAKE EVERY 24" AT ALTERNATE 90 DEGREE ORIENTATION THROUGHOUT THE SEDIMENTATION LOG. SEDIMENTATION LOG - 12" MIN. DIAMETER STAKE AT 90 DEG. TO EACH OTHER FEATURES REQUIRING PROTECTION (NOT TO SCALE) 1. SEE PLAN VIEW FOR: LOCATION OF SEDIMENT CONTROL LOG. 2. SEDIMENT CONTROL LOGS SHALL BE INSTALLED PRIOR TO ANY LAND DISTURBING ACTIVITIES. 3. SEDIMENT CONTROL LOGS SHALL CONSIST OF STRAW, COMPOST, EXCELSIOR OR COCONUT FIBER. 4. NOT FOR USE IN CONCENTRATED FLOW AREAS. 5. THE SEDIMENT CONTROL LOGS SHALL BE TRENCHED INTO THE GROUND A MINIMUM OF 2-INCHES. 1. THE SWMP MANAGER SHALL INSPECT SEDIMENT CONTROL LOGS DAILY, DURING AND AFTER ANY STORM EVENT & MAKE REPAIRS OR CLEANOUT UPSTREAM SEDIMENT AS NECESSARY. 2. SEDIMENT ACCUMULATED UPSTREAM OF SEDIMENT CONTROL LOGS SHALL BE REMOVED WHEN THE UPSTREAM DEPTH IS WITHIN 1 2 THE HEIGHT OF THE CREST OF LOG. 3. SEDIMENT CONTROL LOGS SHALL BE REMOVED AT THE END OF CONSTRUCTION, ONCE PROPER VEGETATION HAS BEEN ESTABLISHED. IF ANY DISTURBED AREA EXISTS AFTER REMOVAL IT SHALL BE COVERED WITH TOPSOIL AND REVEGETATED/STABILIZED IN A MANNER APPROVED BY THE LOCAL JURISDICTION. SEDIMENT CONTROL LOG (12" MIN.)2' TO 3' 1/2H (12" MIN) FABRIC MATERIAL (ANCHORED IN TRENCH)HSILT FENCE INSTALLATION -NTS-4"4"1/2H H(MAXI M U M ) -NTS- FLOW BACKFILL TRENCH JURISDICTION NOTE:POST ANCHORED TO 15' SECTION COMPACTED 4"x4" OR AS DIRECTED BY LOCAL LANDSCAPING IS COMPLETED, SHALL BE MAINTAINED UNTIL EROSION CONTROL MEASURES SF SILT FENCE DETAIL (NOT TO SCALE) 12' MIN. VEHICLE TRACKING CONTROL N.T.S. 1. ALL ROCK TO BE REMOVED UPON COMPLETION OF CONSTRUCTION. 2. PUBLIC ROADWAY TO BE KEPT CLEAN AND FREE OF MUD, DIRT AND DEBRIS AT ALL TIMES. 3. ALIGNMENT OF CONSTRUCTION ACCESS SHALL PROVIDE A MINIMUM LENGTH OF 40-FT MEASURED FROM THE CENTERLINE. NOTES ~ / I / / ..... '°1 ----'° i i---1 I '-'- I I \ / / ............... I I ,..._ 100 I I I I I I r / / ) / / I --...._..._ I ..... ,,. / ...... j I I / / I I -6200 - ..... I I \ \ / --7900- E:00'.d I , .. . I -- \ --, '---------------\. \ A □ □ □ 3" (MINUS) ROCK, OR RECYCLED CONCRETE A --- EXISTING GRADE MIRAF/ FABRIC below. Call before you dig. DAYS IN ADVANCE CALL 2-BUSINES~RADE, OR EXCAVA1E BEF'OR~~A~~l,NG OF UNDERGROOND FOR MEMBER UllLITIES Storage Yard Application 2020   16 | Page        4‐203.G. Impact Analysis Summary & 2011 SUP  Impact Analysis   (attached)                                Storage Yard Application 2020   15 | Page  4-203 G Impact Analysis: Crystal Ranch Corp. completed Full Impact Analysis as Part of the 2011 SUP for this property. That Analysis as well as the supporting documents are attached. This application falls within the contemplated uses of that approval. Changes or alterations to the 2011 responses are provided below. 1. Adjacent Land Use. Existing use of adjacent property and neighboring properties within 1,500-foot radius. [The subject property is currently used by three businesses, CRH/Oldcastle-Batchplant, Rocky Mountain Stoneyard- Retail Stoneyard and All Valley Storage-Contractors Yard. These uses are shown on the “site schematic”, included in the project narrative. The Cerise Property Located Directly East of the Property (across CR 103) is currently operated as a sand and gravel pit. Iron Rose Ranch is South of the subject property and Highway 82 and is used to raise and train cutting horses. ] 2. Site Features. A description of site features such as streams, areas subject to flooding, lakes, high ground water areas, topography, vegetative cover, climatology, and other features that may aid in the evaluation of the proposed development. [No changes from 2011 Report] 3. Soil Characteristics. A description of soil characteristics of the site that have a significant influence on the proposed use of the land. [No changes from 2011 Report] 4. Geology and Hazard. A description of the geologic characteristics of the area including any potential natural or manmade hazards, and a determination of what effect such factors would have on the proposed use of the land. [No changes from 2011 Report] 5. Groundwater and Aquifer Recharge Areas. Evaluation of the relationship of the subject parcel to Floodplains, the nature of soils and subsoils and their ability to adequately support waste disposal, the Slope of the land, the effect of sewage effluents, and the pollution of surface Runoff, stream flow, and groundwater. [No changes from 2011 Report] 6. Environmental Impacts. Determination of the existing environmental conditions on the parcel to be developed and the effects of development on those conditions, including: a. Determination of the long-term and short-term effect on flora and fauna; [No changes from 2011 Report] b. Determination of the effect on designated environmental resources, including critical wildlife habitat; [No changes from 2011 Report] c. Impacts on wildlife and domestic animals through creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns, or other disruptions; and [No changes from 2011 Report] d. Evaluation of any potential radiation hazard that may have been identified by the State or County Health Departments. [No changes from 2011 Report] 7. Nuisance. Impacts on adjacent land from generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. [No changes from 2011 Report]   Storage Yard Application 2020   16 | Page  8. Hours of Operation. The Applicant shall submit information on the hours operation of the proposed use. [Hours of Use are contemplated as 6am to 9pm Monday thru Sunday.]   Additional Changes to the Attached 2011 Impact Analysis: A. 4-203(E)(21)-SPCC Plan-This plan does not provide for the storage of any hazardous materials and an SPCC plan would not be required for the storage of trailers, etc. B. 4-203(E)(17)-Stormwater Management Plan: It is the opinion of our consulting Engineer, Sopris Engineering that a Stormwater Management Plan is not required for the following reasons: 1. There is a SWMP in place for the gravel pit which is CRH/United Companies permit (Permit #COR03K496). You cannot have more than one SWMP for one site, so you should be covered by their permit.                             Crystal Ranch Corp Concrete Batch Plant Comprehensive Plan Amendment and Major Impact Review Section 12 - Impact Analysis (4-502(E)) 109 Section 12 - Impact Analysis (4-502(E)) The Impact Analysis shall provide a description of the impacts that the proposed land use change may cause, based upon the standards that the proposed use must satisfy. The Impact Analysis shall include a complete description of how the applicant will ensure that impacts will be mitigated and standards will be satisfied. The following information shall be included in the Impact Analysis. a. Adjacent Property. An address list of real property adjacent to the subject property, and the mailing address for each of the property owners. [TLS] Applicant Response: An address list of real property adjacent to the subject property, and the mailing address for each of the property owners has been provided in Section 5 of this document. b. Adjacent Land Use. Existing use of adjacent property and neighboring properties within 1500’ radius. [TLS] Applicant Response: See the following graphic depiction of existing use of adjacent property and neighboring properties within 1500’ radius. Crystal Ranch Corp Concrete Batch Plant Comprehensive Plan Amendment and Major Impact Review Section 12 - Impact Analysis (4-502(E)) 110 Crystal Ranch Corp Adjacent Land Uses I I c.---' I -~- ... ___ _ ... /- ~ ----:;; ----t---~ --I ,,_ ) I '----,,, ,_, 1 , Bureau of 1,500 L d , an ,-----------. Rural Residential Uses >! Wood(>n Deer I I J Management I :rJ-----J I ' ' I Carbondale Twp Rng Margin Labe ls Section Numbers Sections □ Townships □ State or Federal Highway -state, Federal Highway =1-10 County Road Local Streets J:i:k Sha(P-Tracts orl! P eNe Roaring Forl! Prese City Streets Tra ils Railroad Ri vers and Lakes Streams and Ditches County Lines [~ City or Tow n [~ Airports Subdivisi ons □ State WIidiife Area US Naval 011 Shale reserve (BLM) State Recreation Area Federal Land BUREAU OF LAND MANAGEMENT, DP INDICATES DISPOSAL US FOREST SERVICE Crystal Ranch Corp Concrete Batch Plant Comprehensive Plan Amendment and Major Impact Review Section 12 - Impact Analysis (4-502(E)) 111 c. Site Features. A description of site features such as streams, areas subject to flooding, lakes, high ground water areas, topography, vegetative cover, climatology, and other features that may aid in the evaluation of the proposed development. [TLS and SE] Applicant Response: Please refer to the Engineering Report by Sopris Engineering, dated 6-24-11 for this information. d. Soil Characteristics. A description of soil characteristics of the site that have a significant influence on the proposed use of the land. [CTL] Applicant Response: Our understanding is that the proposed use of land is to continue the operation of the concrete batch plant. We do not foresee the soils at the site posing a significant constraint for continuation of concrete batch plant uses. The soils at the site are generally favorable for currently planned and possible future use. e. Geology and Hazard. A description of the geologic characteristics of the area including any potential natural or man-made hazards, and a determination of what effect such factors would have on the proposed use of the land. [CTL] Applicant Response: Geology and hazards have been delineated by CTL/Thompson’s project geologist and are attached as an Exhibit. CTL/Thompson’s Summary of Conclusions is as follows: 1. No geologic or geotechnical conditions were identified which would preclude the planned development of this site. Collapse-prone soils outside of the pit area and potential for sink hole formation related to Eagle Valley Evaporite are the primary geologic concerns. 2. The subsurface conditions encountered in our exploratory pits generally were man- placed fill consisting of aggregate base course and crusher fines underlain by clean to slightly silty gravel to the maximum explored depth of 12 feet. Four feet of sandy clay-silt was encountered in the bottom of our exploratory pit TP-2. 3. We did not encounter ground water in our exploratory pits at the time of exploratory excavation operations. Our exploratory pits were backfilled immediately after exploratory excavation operations were completed. 4. We anticipate footing or slab foundations will be appropriate for buildings constructed at the site. Crystal Ranch Corp Concrete Batch Plant Comprehensive Plan Amendment and Major Impact Review Section 12 - Impact Analysis (4-502(E)) 112 5. Asphalt or asphalt with aggregate base course are suitable for access roads and parking lots. Details are presented in this report. f. Effect on Existing Water Supply and Adequacy of Supply. Evaluation of the effect of the proposed land use on the capacity of the source of water supply to meet existing and future domestic and agricultural requirements and meeting the adequate water supply requirements of Section 7-104. [SE and ZA] Applicant Response: Please refer to the Engineering Report by Sopris Engineering, dated 6-24-11 for this information. g. Effect on Groundwater and Aquifer Recharge Areas. Evaluation of the relationship of the subject parcel to floodplains, the nature of soils and subsoils and their ability to adequately support waste disposal, the slope of the land, the effect of sewage effluents, and the pollution of surface runoff, stream flow and groundwater. [CTL] Applicant Response: The nearest floodplain to the Powers Pit Concrete Plant is the Roaring Fork River floodplain, approximately 1/4 mile to the south. Proposed uses of the site do not include waste disposal. CTL I Thompson, Inc. has previously provided a slope stability analysis for the Powers Pit under our Project No. GS05464-145, dated May 6,2010. h. Environmental Effects. Determination of the existing environmental conditions on the parcel to be developed and the effects of development on those conditions, including: (1) Determination of the long term and short term effect on flora and fauna. [TLS] Applicant Response: The long term and short term affects on the flora and fauna associated with the continuation of the concrete batch plant operations at the Powers Pit are addressed in numerous sections of this application. - Wildlife (fauna) is addressed in the following section and proposes that there will be no impacts on wildlife and domestic animals through creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions. - Enhancements to on site vegetation to enhance the “flora” of the site are addressed in the reclamation plans as prepared by Sopris Engineering and The Land Studio and included as an Exhibit in this document. - The Powers Pit Concrete Batch Plant Drainage Study prepared by Sopris Engineering, dated 6-24-11 is attached as an Exhibit to this document and addresses the control of surface drainage on the site to contain the runoff insuring no negative impacts to surrounding vegetation. Crystal Ranch Corp Concrete Batch Plant Comprehensive Plan Amendment and Major Impact Review Section 12 - Impact Analysis (4-502(E)) 113 (2) Determination of the effect on significant archaeological, cultural, paleontological, historic resources. [TLS] Applicant Response: The concrete batch plant operation has been the long-term use on the property and there are no significant archaeological, cultural, paleontological, or historic resources effected by this operation. (3) Determination of the effect on designated environmental resources, including critical wildlife habitat. [TLS] (a) Impacts on wildlife and domestic animals through creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions. Applicant Response: Of the 45 Colorado Division of Wildlife amphibian, fish, reptile, mammal, bird and raptor habitat areas mapped on the Garfield County GIS website (http://gismaps.garfield- county.com/Wildlife/) there are five categories that have mapping related to the concrete batch plant site including black bear overall range, mountain lion overall range, bald eagle winter range, elk overall range, and mule deer summer and critical winter range. Maps illustrating these wildlife habitat designations follow this narrative. Impacts on Wildlife by Creation of Hazardous Attractions No hazardous attractions to wildlife are proposed for the concrete batch plant site. As noted above, this site is within the black bear overall range so bear proof containers will be utilized for trash disposal that might contain materials attractive to black bears. Impacts on Wildlife by Alteration of Existing Native Vegetation The concrete batch plant site is currently devoid of any native vegetation as it has been operating long-term as a concrete batch plant and the area around the concrete batch plant has been quarried for sand and gravel. As a result no vegetation exists on the concrete batch plant site that is considered native habitat. While the CDOW mapping illustrates portions of the concrete batch plant site as mule deer “critical winter range” there is no vegetation or habitat on this site to support this designation. It is likely that winter range will be established for mule deer as the revegetation plant materials are established around the concrete batch plan site. Impacts on Wildlife by Blockade of Migration Routes Crystal Ranch Corp Concrete Batch Plant Comprehensive Plan Amendment and Major Impact Review Section 12 - Impact Analysis (4-502(E)) 114 The only migration corridors identified near the concrete batch plant site are for elk and mule deer. As can be seen from the attached elk and mule deer habitat maps, the site does not block these corridors. Impacts on Wildlife by Use Patterns or Other Disruptions The use patterns associated with the concrete batch plant have been in place long-term at this site. The major change in use at this site is that the extraction of sand and gravel aggregates will cease while the concrete batch plant operations will continue until the year 2028 on a 5.8 acre portion of the site. This reduced activity will benefit wildlife as well as the commitment to revegetate the 60+ acres of the site that have been disturbed by the sand and gravel extraction operations. The reclamation plan referred to in this application identifies a number of plant species including native and pasture grass mixtures that will create habitat for elk and deer on south facing slopes. Again, it is likely that winter range will be established for mule deer and elk as the revegetation plant materials are established around the concrete batch plan site. Mountain Lion habitat is established by the presence of “prey” as noted in “Mountain Lion Management Guidelines” prepared by Darby Finley, Terrestrial Wildlife Biologist, Meeker, Colorado for the CDOW Northwest Region. According to this document, “Colorado’s elk populations are the highest anywhere in the United States and provide alternate prey for the lion’s principle food base of mule deer”. As mentioned previously, there is no mule deer or elk habitat on the concrete batch plant site to attract deer, elk, or mountain lions to the site. Although bald eagle winter range is identified in the CDOW Garfield County GIS mapping, no bald eagle roosting or nesting sites have been identified by the CDOW in the Garfield County GIS website for this area. Again, the amount of activity at the Powers Pit Concrete Batch Plant site will be greatly reduced when the aggregate extraction leaves the property and only the concrete batch plant activities continue. Crystal Ranch Corp Concrete Batch Plant Comprehensive Plan Amendment and Major Impact Review Section 12 - Impact Analysis (4-502(E)) 115 Crystal Ranch Corp -CDOW Black Bear Habitat .,,. - } ,-.... __ -,,./ 1 ntt-r t r-Ru r~I Cl 5 r s ' \ ' I Tr I, Cl • !l , t lo cn m n r~ r,c r o en1 rJ tlo A.• a - Crystal Ranch Corp Concrete Batch Plant Comprehensive Plan Amendment and Major Impact Review Section 12 - Impact Analysis (4-502(E)) 116 Crystal Ranch Corp -CDOW Mountain Lion Habitat ' ' \ r ____ l \ I ,----. 0 C: u I In,-~ [:_7 ac ral ,; a "''J n -- I ) / t' I J I l ' ) ..... Tril s on ll ct Rl ll a:i t"t L on Pc rl e I Ra e l"'l L Crystal Ranch Corp Concrete Batch Plant Comprehensive Plan Amendment and Major Impact Review Section 12 - Impact Analysis (4-502(E)) 117 Crystal Ranch Corp -CDOW Bald Eagle Habitat cs s-or F r I HI n, .. ., RI rs 7 on F\. In £'11; I'll ,t r. ht RI".!~ 'i I<'< ■ City or o le Ln5 S u Tme· r •" s ■ la la5 e I'll "Tl I ora5_ Are"-S ■ L <1 IS L> ■ Ba Ba O ·c1e • Iv!! N _ SIU ~ ■ Crystal Ranch Corp Concrete Batch Plant Comprehensive Plan Amendment and Major Impact Review Section 12 - Impact Analysis (4-502(E)) 118 Crystal Ranch Corp -CDOW E l k Habitat ........ ------- ',.:----.. . ' ---- \ ·, -.... ' _ _/ -- I -' ) .,--.!i ./L~ ( 0 =1 ►re: a,-roo Co r~,. Roac C1 y Slri:.:LJ. ,-' _ _,J ·, ' ' ' ) / I ' J l ·, -, Rz lroac -1- RJ •.c _ a a a cs L C'1 .,,. en S;I C It L I l.e ""Aro;~ □ r,'l£rll n mcnr-; C P'JC JC! ArCJ ~r--,✓ "--~· ·1 r ,. ~ ✓ ,, I ' I i I I I ,·' Srv,-\'/ nh-r U l f /1 •~ e ccoca~. ;.,C,',T/1.C 'Ir R. k\',lntcrCO Crystal Ranch Corp Concrete Batch Plant Comprehensive Plan Amendment and Major Impact Review Section 12 - Impact Analysis (4-502(E)) 119 Crystal Ranch Corp -CDOW Mule Deer Habitat 0 OUIIC', 2'] 1lr O N Cnt lr~ I'll ■ R r>Jr . cr~tl!•R!Jra l =11 lr,temace -r • =12 Frce,,;iy '!lil le er ,I! 1·11 C' RJ :i oo Ro.:>a fly .Lr l ., trrff" Ci ty r wn j", ul Deer Hlg'!\"-a Cro-x lng ■ eer I •atl rrlc r~ td r rrr I I -nl ~ l ,_,. rr rn ■ ■ Jle c er 'l inte r RJ e 1fr ON r ·'llf :;,, r Crystal Ranch Corp Concrete Batch Plant Comprehensive Plan Amendment and Major Impact Review Section 12 - Impact Analysis (4-502(E)) 120 (4) Evaluation of any potential radiation hazard that may have been identified by the State or County Health Departments. [CTL] Applicant Response: We performed a background radiation survey of the Powers Pit Concrete Plant on April 27, 2011. We found that radiation at the site to be 0 to 3 !Rem/hr. We consider this to be normal background radiation for this area of Garfield County. (5) Spill Prevention Control and Counter Measures plan, if applicable. [TLS and Lafarge] Applicant Response: The Spill Prevention, Control, and Countermeasure (SPCC) Plan prepared by Lafarge West, Inc. is attached as an exhibit to this document. i. Traffic. Assessment of traffic impacts based upon a traffic study prepared in compliance with Section 4-502(J). [SE and SH] Applicant Response: The Powers Batch Plant will not have major negative impacts on transportation, services, and facilities. Some of the possible impacts were evaluated in the Traffic Impact Study called” LaFarge West Cerise Site” by Eugene G. Coppola, PE, PTOE, dated 8.4.10 and attached as a Traffic Exhibit. LaFarge and Crystal River Corp have entered into a lease agreement to allow the existing concrete batch plant to remain on Crystal Ranch property through the year 2028. This leads to the following conclusions: • The Project traffic identified in the Cerise Study would now travel to either the Crystal Ranch Site or the Cerise Site, along CR-103 • If approved, some Project traffic that was considered internal trips to the Cerise Site (not identified) will now travel back and forth between the Cerise Site and the Crystal Ranch Site. This is addressed in the Memorandum from Turnkey Consulting • The amount of Project traffic traveling through the intersection of SH-82 & CR-103 would not change from the values shown in the Cerise Study. • The Cerise Study accurately portrays total traffic and is valid for use in CDOT access permitting. Summary of Transportation Facility Improvement Recommendations The following improvements are recommended at the intersection of CR-103 & Powers Site Access: • Construct a northbound left-turn deceleration lane. Crystal Ranch Corp Concrete Batch Plant Comprehensive Plan Amendment and Major Impact Review Section 12 - Impact Analysis (4-502(E)) 121 • Turning radii should be capable of serving a WB-67 design vehicle. • Truck warning signs should be installed on the CR-103 approaches to the site access with a stop sign installed on the access approach to CR-103. The following improvements are recommended at the intersection of CR-103 & SH-82: • Construct a southbound left-turn deceleration lane on CR-103. • Two existing auxiliary lanes on SH-82, to the east of CR-103, should be lengthened to meet current CDOT design standards: o Westbound right turn deceleration lane – extend by 600-ft (1,100 req’d, 500 existing) o Southbound-to-eastbound left turn acceleration lane – extend by 1,180-ft (1,680 req’d, 500 existing) • Turning radii should be capable of serving a WB-67 design vehicle. This will require some median improvements. Given these improvements, the Powers Batch Plant will not have major negative impacts on transportation services or facilities. See also attached Traffic Exhibits: • Traffic Impact Study called” LaFarge West Cerise Site” by Eugene G. Coppola, PE, PTOE (dated 8.4.10) • TurnKey Consulting Memorandum called “Powers Batch Plant - Traffic Impact Assessment on Adjacent Roads” (1) Preparation and coordination of Garfield County Driveway Access Permit [SE] Applicant Response: Sopris Engineering has prepared an application for the Garfield County Driveway Access Permit that is attached as an Exhibit to this document. It will be submitted 30 days before the access is to be constructed (2) Preparation and coordination of CDOT Access Permit [SE and SH] Applicant Response: See attached draft documents showing the proposed CDOT Access Permit Application Package for the connection of CR-103 to SH-82 attached as a Traffic Exhibit. Nuisance. Impacts on adjacent land from generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. [TLS and Lafarge] Crystal Ranch Corp Concrete Batch Plant Comprehensive Plan Amendment and Major Impact Review Section 12 - Impact Analysis (4-502(E)) 122 Applicant Response: Lafarge currently meets the standards for air, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Included, you will find the following management plans attached as Exhibits that address these issues: Spill Prevention, Control, and Countermeasure (SPCC) Plan prepared by Lafarge West, Inc. Stormwater Management Plan prepared by Lafarge North America Certification for the Colorado Wastewater Discharge Permit System issued by the CDPH&E Construction Permit issued by the CDPH&E Air Pollution Control Division Cerise Mine Air Quality Statement prepared by Lafarge West, Inc. Analysis of Noise from Proposed Cerise Gravel Mine prepared by Hankard Environmental, Inc. Lafarge has numerous permits and regulations that limit and prevent nuisance impacts on neighboring properties. Lafarge has been operating a Ready Mix plant on the Powers site for more than 10 years with no violations. Reclamation Plan. A reclamation plan consistent with the standards in Section 7-212. [SE] Applicant Response: Please refer to Sopris Engineering’s sheet IA-2 for this information. Storage Yard Application 2020   18 | Page          4‐203.L. Traffic Letter  (attached)                              Memorandum 502 Main Street • Suite A3 • Carbondale, CO 81623 •(970)704-0311 •Fax (970)704-0313 S OPRIS E NGINEERING • LLC civil consultants To: Travis Stewart- tjs@ws-materials.com From: Stephanie Helfenbein/Sopris Engineering Date: November 30, 2020 RE: CRC Storage Traffic Analysis for Limited Impact Permit Application SE Job #30198 Sopris Engineering, LLC (SE) has prepared this analysis of additional trips which will be generated by the proposed CRC Storage Yard on the pit floor of the Crystal Ranch Corporation(formerly known as Power’s Pit) which will include the 163 spaces for the storage of RV’s, boats, and trailers, etc. We utilized the 9th Edition of the ITE and looked at two different scenarios to calculate the trips the site will generate. We calculated the trips based on number of units and compared to square footage of net rentable area in the table below: USE ITE QUANITITY UNIT AVERAGE WEEK DAY RATE AM PEAK HOUR RATE PM PEAK HOUR RATE AVERAGE WEEK DAY TRIPS AM PEAK HOUR TRIPS PM PEAK HOUR TRIPS MINI WAREHOUSE (UNITS) 151 163 STORAGE UNITS 0.25 0.03 0.03 41 5 5 MINI WAREHOUSE (NET RENTABLE AREA)151 128 1/1000 SF 1.65 0.18 0.22 211 23 28 TRIP GENERATION RATES VEHICLE TRIPS GENEARATED As is highlighted in the table above, the scenario which generated the most trips was calculating/square footage. We then added those trips to trips included in the previous analysis which was prepared for the Small Contractor’s Yard in 2014 in the table below: PEAK PERIOD IN OUT TOTAL AM 33 12 45 + 35=80 80+23=103 PM 10 33 43 + 43=86 86+28=114 BATCH PLANT PER MAY 3,2011 MEMO FROM TURN KEY CONSULTING, LLC VPH ADDITION OF SMALL CONTRACTOR'S YARD FROM 12/23/2014 ANALYSIS ADDITION OF CRC STORAGE TRAFFIC We then compared those trips to what was estimated for the build out of the Rural Employment Center in the table below: RANGE OF PEAK HOUR TRIPS PEAK-HOUR PERIOD TOTAL PEAK HOUR TRIP ENDS AM 165 > 103 PM 170 >114 AM 939 > 103 PM 843 >114HIGHESTPARK & RIDE LOT W/BUS SERVICE (LUC 090) RURAL EMPLOYMENT CENTER -RANGE OF PROJECT TRIP GENERATION SUMMARY PER "TRAFFIC ASSESSMENT FOR POWERS RURAL EMPLOYMENT CENTER", PREPARED BY TURNKEY CONSLUTING, LLC DATED MAY 3, 2011 ITE LAND USE CODE LOWEST INDUSTRIAL PARK (LUC 130) The estimated traffic generated by the CRC Storage Yard, along with the estimated traffic generated by the existing uses is substantially less than that which was estimated for the build out of the Rural Employment Center and is also less than the existing CDOT permit which allows for 190 DHV. Therefore, development of the CRC Storage Yard is in compliance with the CDOT and County permits and no further permitting is required. If you have any questions or need any additional information, please feel free to contact me. I I I I I I 7 L-L-I I I I I I 11 -LJ I I SE Job #30198 Page 2 502 Main Street • Suite A3 • Carbondale, CO 81623 •(970)704-0311 •F ax (970)704-0313 S OPRIS E NGINEERING • LLC civil consultants Storage Yard Application 2020   19 | Page                  4‐203.M. Water Supply Plan / 4‐203.N. Wastewater  Supply Plan                        Storage Yard Application 2020   20 | Page    4‐203.M. Water Supply/Distribution Plan   No full time employees will be located at this site as all leasing and customer service  functions will be located at the ALL VALLEY STORAGE facility, located at 0082 CR 113,  Carbondale.  It is anticipated that our manager will be checking on this site several times a week  to review site conditions and meet with customers to ensure they move into the correct space.   These site visits are likely to be under an hour in duration.  ALL VALLEY STORAGE will also be  implementing video security as the site grows and matures beyond the initial stages.  It will be  the responsibility of our employee to have bottled water with them in their vehicles.  This has  been the current condition for 5‐years (All Valley Storage Contractors Yard) and it has worked  well.    4‐203.N. Wastewater Treatment Plan   As described in section 4‐203.M. this site will not have a full time employee on site.  ALL  VALLEY STORAGE will be providing a maintained porta‐john for our staff as well as for  customers as needed.  As with our own staff, customer’s trips will be intermittent and will not  last for long durations as they will be dropping off, or picking up RV’s, Trailers, Boats, etc.                      Storage Yard Application 2020   21 | Page            Will Serve Letter  (attached)                            Crystal River Corp -Storage Yard Will Serve -So lid Waste & Portable Restroom Services Garfield County Building and Planning Department 108 8 th Street, Suite 201 Glenwood Springs, Co 81601 RE: Crystal Ranch Corp Administrative Review-5 Acre Contractors Storage Yard Mr. Allen or whom it may concern, December 22, 2020 This letter is to certify that Mountain Waste & Recycling will serve the property l ocated at 13114 Hi ghway 82, Carbondale, CO 81623 for all solid waste and/or portable restrooms. The customer is subject to all standard terms and conditions. Shou ld you have any questions or concerns, please feel free to contact me directly. Sincerely, Mike Hinkley District Manager Mountain Waste & Recycling 970-319-8193 Mike.hinkley@ m o unta i n wast e.com Storage Yard Application 2020   22 | Page              Section 7, Divisions 1,2,3 and 7‐2001  (attached)                                Storage Yard Application 2020   23 | Page    7-101. ZONE DISTRICT USE REGULATIONS.   The Land Use Change shall comply with Article 3, Zoning, including any applicable zone district use restrictions and regulations.   [The land use complies with Article 3 as illustrated in Table 3-403, Storage is permitted with a limited impact approval. This site was also incorporated as a Rural Employment Center as part of its 2011 SUP approvals.       7-102. COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS.   The Land Use Change is in general conformance with the Garfield County Comprehensive Plan and complies with any applicable intergovernmental agreement.     [The land use is in general conformance with the Garfield County Comprehensive Plan and complies with any applicable intergovernmental agreement, particularly the 2011 Special Use Permit and Comprehensive Plan Amendment that identifies this property as a Rural Employment Center. The description of Rural Employment Centers are as follows:] CL CG PL Asse mbyol tructures Cabinet Making , Wood and Metal A L p p p • L L 7-100 1 workin . Glazin . Machinin , Weld in Fa brication ip al l ppi n s L L Goods Processed From Natural M M • M M 7-100 1 Resources :,; Wa rehouse and Freig ht or g I nt Movem ent ate ·a1 lion ter se Dis s I Areas ecyclin Coll cron Cen t r 0 ecyclin P ocessin Faci lil W a ste and Salvage Ya 7 -1 00 1 S alvage Sewage Treatment Faci lity L L L L L • L L 7-1001 , 7 -1005 Solid Waste Disposal Site and Facility M • M M 7-1001 , 7 -1006 Solid Waste Transfer Faci lity M L L L • M M 7 -1 001 Water lmpoundment L L • L L L L 7-1001 Electric Power Generation Facility, Small L L A A p • A L L A Electric Power Generation Facility. Large L L L L L Storage Yard Application 2020   24 | Page    7-103. COMPATIBILITY.   The nature, scale, and intensity of the proposed use are compatible with adjacent land uses.     [The nature, scale and intensity of the proposed outdoor storage yard is compatible with the adjacent land uses (such as the small contractor’s yard & stone yard) as well as contemplated future uses for this property as provided by the Rural Employment Center designation.]     7-104. SOURCE OF WATER.   All applications for Land Use Change Permits shall have an adequate, reliable, physical, longterm, and legal water supply to serve the use, except for land uses that do not require water, or that contain Temporary Facilities served by a licensed water hauler.     [Historically, much of the Powers Ranch was flood irrigated using water rights in the Kelly Ditch and the Kelly Wastewater Ditch, which water rights divert from Crystal Spring. Water has also been provided to the gravel pit from water diverted from the Roaring Fork River through the Kelso Ditch to James Reservoir for industrial and irrigation uses. This water is pumped below highway 82 for these industrial and irrigation uses. The historically irrigated lands have now largely been mined and are ready for revegetation. The Kelso Ditch is also decreed to provide supplemental irrigation to the same gravel pit acreage that was historically irrigated under the Kelly Ditch.     The Roaring Fork Sand and Gravel pit has been operating since the mid-1960's. The primary industrial water supply has been from James Reservoir that is providing water from the Kelso and Martin Ditches. These industrial uses from the Reservoir and ditches were confirmed and augmented pursuant to the decree entered on February 6, 1995 in Case No. 92CW304. That decree also confirmed that these rights could be used for irrigation uses upon the Powers Ranch. James Reservoir has a surface area of 1.38 acres and a capacity of 8.28 acre-feet. It is located in the southwest corner of Lot 11, Section 26, Township 7 South, Range 88 West, 6th P.M. The Martin and Kelso Ditches are decreed for 3 cfs for industrial and irrigation uses.     This demonstrates adequate water, however; This application does not require the use of water.]     7-105. CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS.     [This application will not require water or wastewater distribution systems. Because of intermittent use, the Applicant is not proposing to provide potable water (though irrigation is vi . Rural Employment Centers: Are recognized as geographically consol idated area s where there is a concentration of light industr ial and bus i ness par k uses . Includes construction yards , equipment repa i r and sto r age . They are shown on the Future Land Use Map with exi sting Industria l des ignations on specific parce ls. Storage Yard Application 2020   25 | Page  available throughout the site), and wastewater may be managed through the placement and regular servicing of a porta-john.]     7-106. PUBLIC UTILITIES.     [The only anticipated utilities required for this yard will be power/electricity to operate gates, security systems and minor lighting. This application will not require any additional public utilities to operate]       7-107. ACCESS AND ROADWAYS.   All roads shall be designed to provide for adequate and safe access and shall be reviewed by the County Engineer.     [This outdoor storage yard application will utilizes an improved entrance (per the 2011 SUP approval) to this portion of the property and will not negatively impact transportation services and facilities as use will be intermittent. The site will not have any full time employees as operations will be run from the main All Valley Storage site located at Cattle Creek/CR 113. The current design does conform to the Standards of Garfield County land use code by meeting all requirements including lane width, no ditch/adequate drainage (cross slope) There is also no right of way.]   7-108. USE OF LAND SUBJECT TO NATURAL HAZARDS.   Land subject to identified Natural and Geologic Hazards, such as falling rock, landslides, snow slides, mud flows, radiation, flooding, or high water tables, shall not be developed unless it has been designed to eliminate or mitigate the potential effects of hazardous site conditions as designed by a qualified professional engineer and as approved by the County.   [Geology and hazards have been delineated by CTL/Thompson’s project geologist and are attached as an Exhibit. CTL/Thompson’s Summary of Conclusions is as follows:     1. No geologic or geotechnical conditions were identified which would preclude the planned development of this site. Collapse-prone soils outside of the pit area and potential for sink hole formation related to Eagle Valley Evaporite are the primary geologic concerns.   2. The subsurface conditions encountered in our exploratory pits generally were man placed fill consisting of aggregate base course and crusher fines underlain by clean to slightly silty gravel to the maximum explored depth of 12 feet. Four feet of sandy clay-silt was encountered in the bottom of our exploratory pit TP-2.   3. We did not encounter ground water in our exploratory pits at the time of exploratory excavation operations. Our exploratory pits were backfilled immediately after exploratory excavation operations were completed.   4. We anticipate footing or slab foundations will be appropriate for buildings constructed at the site.   5. Asphalt or asphalt with aggregate base course are suitable for access roads and parking lots. Details are presented in this report.   Storage Yard Application 2020   26 | Page  Also refer to the Engineering Report prepared by Sopris Engineering dated 6-24-11 for additional information.]   7-109. FIRE PROTECTION.   A. Adequate Fire Protection.   Adequate fire protection will be provided for each land use change as required by the appropriate fire protection district.   [This application will not require fire protection.]   7-201. AGRICULTURAL LANDS.     [This application shall not adversely affect or otherwise limit the viability of existing agricultural operations and no agricultural lands shall be disturbed. This application is located on a reclaimed portion of the existing site and is not adjacent to existing agricultural lands]   7-202. WILDLIFE HABITAT AREAS.     [The wildlife use patterns associated with the existing concrete batch plant and surrounding property have been in place long term at this site. The area surrounding this site was revegetated as part of the 2011 and earlier approvals.]   7-203. PROTECTION OF WATERBODIES.   [There are no wetlands or waterbodies that will be disturbed by activities associated with the outdoor storage yard at the Crystal Ranch Corp Property.]       7-204 DRAINAGE AND EROSION.     Please refer to Sopris Engineering’s sheet ES1 for demonstration of compliance with the erosion and sedimentation standards in Section 7-205     7-205. ENVIRONMENTAL QUALITY.   A. Air Quality.   Any Land Use Change shall not cause air quality to be reduced below acceptable levels established by the Colorado Air Pollution Control Division.     [This application shall not cause air quality to be reduced]     B. Water Quality.   Storage Yard Application 2020   27 | Page  At a minimum, all hazardous materials shall be stored and used in compliance with applicable State and Federal hazardous materials regulations.     [All hazardous materials shall be stored and used in compliance with applicable State and Federal hazardous materials regulations. ]     7-206. WILDFIRE HAZARDS.   The following standards apply to areas subject to wildfire hazards as identified on the County Wildfire Susceptibility Index Map as indicated in the County’s Community Wildfire Protection Plan.     A. Location Restrictions.   Development associated with the land use change shall not be located in any area designated as a severe wildfire Hazard Area with Slopes greater than 30% or within a fire chimney as identified by the Colorado State Forest Service.     [This application does not occur in a location designated as a severe Wildfire Hazard Area]     B. Development Does Not Increase Potential Hazard.   The proposed Land Use Change shall be developed in a manner that does not increase the potential intensity or duration of a wildfire, or adversely affect wildfire behavior or fuel composition.     [The proposed application is developed in a manner that does not increase the potential intensity or duration of a wildfire, or adversely affect wildfire behavior or fuel composition. Leases shall contain provisions regarding the storage of potentially flammable materials]     C. Roof Materials and Design.   Roof materials shall be made of noncombustible materials or other materials as recommended by the local fire agency. .     [This application contains no structures]     7-207. NATURAL AND GEOLOGIC HAZARDS.   A. Utilities.   Above-ground utility facilities located in Hazard Areas shall be protected by barriers or diversion techniques approved by a qualified professional engineer. The determination to locate utility facilities above ground shall be based upon the recommendation and requirements of the utility service provider and approved by the County. B. Development in Avalanche Hazard Areas.   Development may be permitted to occur in Avalanche Hazard Areas if the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or qualified professional geologist, and the plan approved by the County.     Storage Yard Application 2020   28 | Page  [Geology and hazards have been delineated by CTL/Thompson’s project geologist and are attached as an Exhibit. CTL/Thompson’s Summary of Conclusions is as follows:     1. No geologic or geotechnical conditions were identified which would preclude the   planned development of this site. Collapse-prone soils outside of the pit area and potential for sink hole formation related to Eagle Valley Evaporite are the primary geologic concerns.   2. The subsurface conditions encountered in our exploratory pits generally were man placed fill consisting of aggregate base course and crusher fines underlain by clean to slightly silty gravel to the maximum explored depth of 12 feet. Four feet of sandy clay- silt was encountered in the bottom of our exploratory pit TP-2.   3. We did not encounter ground water in our exploratory pits at the time of exploratory excavation operations. Our exploratory pits were backfilled immediately after exploratory excavation operations were completed.   4. We anticipate footing or slab foundations will be appropriate for buildings constructed at the site.   5. Asphalt or asphalt with aggregate base course are suitable for access roads and parking lots. Details are presented in this report.]     7-208. RECLAMATION     [Upon expiration of the business activities associated with this application all land shall be returned to it’s natural state, this consists of the removal of any stored items, fences and any lighting/security devices and materials and fencing removed as outlined in section 7-208 of the land use code]   7-301. COMPATIBLE DESIGN.   The design of development associated with the land use change shall be compatible with the existing character of adjacent uses.     [A. Site Organization:   The layout and location of this application is consistent and compatible with existing character of the adjacent uses. The site is organized in a manner that allows traffic to flow unobstructed to the site from C.R. 103 and allows for parking on-site so as not to create on-street parking. B. Operational Characteristics:   The site location is designed to mitigate dust, odors, fumes and glare that could be objectionable to adjacent properties. Noise shall conform to all State and County noise regulations. Hours of operation are contemplated to be 6am to 9pm in order to minimize traffic during peak demand on highway 82. C. Buffering:   The site is located in a corner of the site that has berms on two sides, while the remaining two sides are visible only from the property and County Road 103 for a brief moment. Fencing will be installed on all four sides to provide buffering as well as security. D. Materials:   There are no permanent structures associated with this application. The applicant may utilize and offer containers for future protected/dry storage to customers]   Storage Yard Application 2020   29 | Page    7-302. OFF-STREET PARKING AND LOADING STANDARDS. A. Off‐Street Parking Required.       [For customers that are visiting the site, ample parking will be available outside of their individual  storage yards as the drive lanes will be designed as such, no on‐street parking will be required as this  site sits within a 23 acre open space.]      7-303. LANDSCAPING STANDARDS.   Accessory dwelling units, Industrial Uses and all uses located fully within a parcel of land in an Industrial  Zone District are exempt from this section.      [This application is exempt from this standard]     7-304. LIGHTING STANDARDS.   Any exterior lighting shall meet the following conditions: A. Downcast Lighting.   Exterior lighting shall be designed so that light is directed inward, towards the interior of the Subdivision or site.     [This application shall comply with the standards set forth in article 7-304]     7-305. SNOW STORAGE STANDARDS.   All residential uses except for multi-family are exempt from this section, unless the residential use includes a common outdoor parking area.     [The applicant shall allow for the storage of snow as required in section 7-305. This site sits within a 23 acre open space, which will allow for ample space to store snow. Drainage is addressed in the Sopris Engineering drainage plan.]     7-306. TRAIL AND WALKWAY STANDARDS.   A. Recreational and Community Facility Access.   A multi-modal connection, such as a trail or sidewalk, shall be provided in a development where links to schools, shopping areas, parks, trails, greenbelts, and other public facilities are feasible.     [This site is not linked or within proximity to trails, sidewalks or other public amenities.]                 Storage Yard Application 2020   30 | Page  7-1001. INDUSTRIAL USE.   These standards shall apply to all industrial uses:    A. Residential Subdivisions.   Industrial uses shall not occupy a lot in a platted residential Subdivision.   [This application does not occupy a lot in a platted residential Subdivision]  B. Setbacks.   All activity associated with these uses shall be a minimum of 100 feet from an adjacent residential  property line, unless the use is on an industrially zoned property.   [This application satisfies the 100’ setback minimum]   C. Concealing and Screening.   When an industrial use is not located on an industrial zoned property, all storage, Fabrication, service,  and repair operations shall be conducted within an enclosed building or have adequate provisions,  based on location and topography, to conceal and screen the facility and/or operations from adjacent  property(s).     [The topography and location of this site will conceal this facility from Highway 82 and surrounding  properties. ]   D. Storing.   1. Materials shall be stored on the property in a form or manner that will not be transferred off the  property by any reasonably foreseeable natural cause or force.    2. All products shall be stored in compliance with all national, State, and local codes.     3. Shall be a minimum of 100 feet from an adjacent property line.      4. Petroleum and hazardous products shall be stored in an impervious spill containment area(s).     [This application shall conform with all items identified in this section and as illustrated in a sample lease  agreement, which is attached as an exhibit.]   E. Industrial Wastes.   All industrial wastes shall be disposed of in a manner consistent with Federal and State statutes and  requirements of CDPHE.  Flammable or explosive solids or gases and other hazardous materials including  wastes shall be stored according to the manufacturer’s standards and shall comply with the national,  State, and local fire codes and written recommendations from the appropriate local fire protection  district.    [This application shall conform with all items identified in this section and as illustrated in a sample lease  agreement, which is attached as an exhibit.]      F. Noise.   Noise shall not exceed State noise standards pursuant to C.R.S., Article 12, Title 25, unless the use is regulated by the COGCC. In this case, the use shall be subject to COGCC rules in regard to noise abatement.   [This application shall conform with all noise standards listed and as illustrated in a sample lease agreement, which is attached as an exhibit.] G. Ground Vibration.   Every use shall be operated so that the ground vibration inherently and recurrently generated is not perceptible without instruments at any point of any boundary line of the property.   Storage Yard Application 2020   31 | Page  [This application shall conform with all ground vibration standards listed and as illustrated in a sample lease agreement, which is attached as an exhibit.]   H. Hours of Operation.   Any activity that will generate noise, odors, or glare beyond the property boundaries will be conducted between the hours of 6:00 a.m .to 9:00 p.m. Monday through Sunday, or as approved by the decision-making authority.     [This application requests the hours of operation to occur between 6am and 8pm Monday thru Saturday.]     I. Interference, Nuisance, or Hazard.   Every use shall be so operated that it does not emit heat, glare, radiation, or fumes that substantially  interfere with the existing use of adjoining property or that constitutes a public nuisance or hazard.   Flaring of gases, aircraft warning signal, and reflective painting of storage tanks, or other legal  requirements for safety or air pollution control measures, shall be exempted from this provision.     [This application shall conform with Interference, Nuisance or Hazard standards listed and as illustrated in a sample lease agreement, which is attached as an exhibit.]                                 Storage Yard Application 2020   32 | Page        CTL THOMPSON GEOTECH REPORT  (attached)                                        T CTL I THOMPSON INCO•~oaa'T«II GEOLOGIC AND PRELIMINARY GEOTECHNICAL INVESTIGATION POWERS PIT CONCRETE BATCH PLANT GARFIELD COUNTY, COLORADO Prepared For: CRYSTAL RANCH CORP. c /o Holland and Hart 600 East Main Street, Suite 104 Aspen, CO Attention: Mr. Art Dally Project No. GS05567-115 234 Center Drive I Glenwood Springs, Colorado 81601 Telephone: 970-945-2809 Fax: 970-945-7411 May 12, 2011 TABLE OF CONTENTS SCOPE ............................................................................................................................................. 1 SUMMARY OF CONCLUSIONS ..................................................................................................... 1 SITE DESCRIPTI ON ........................................................................................................................ 2 PROPOSED DEVELOPMENT ........................................................................................................ 2 SITE GEOLOGY AND GEOLOGIC HAZARDS .............................................................................. 3 FIELD AND LABORATORY INVESTIGATIONS ............................................................................ 6 SUBSURFACE CONDITI ONS ......................................................................................................... 7 Effects on Ground Water and Aquifer Recharge Areas .......................................................... 8 Natural C lay-Silt .......................................................................................................................... 8 Gravel .......................................................................................................................................... 8 DEVELOPMENT RECOMMENDATIONS ....................................................................................... 9 Site Gradi ng ................................................................................................................................ 9 Imported Fill .............................................................................................................................. 1 O Permanent C ut a n d Fill Slopes ............................................................................................... 1 O Utility Construction .................................................................................................................. 1 O PRELIMINARY RECOMMENDATIONS FO R STRUCTURES ..................................................... 12 Foundations .............................................................................................................................. 12 Slab-on-Gr ad e and Basemen t Floor Constr uction ............................................................... 12 Below-Grade Constru ction ...................................................................................................... 13 Surface Drain age ...................................................................................................................... 13 General Design Considerations .............................................................................................. 14 CONCRET E ................................................................................................................................... 14 FINAL DESI GN CONSULT ATION A N D CONSTRUCTION OBSERVATIONS ............................ 15 GEOTEC HNICAL RISK ................................................................................................................. 16 LIMITATIONS ................................................................................................................................ 16 FIGURE 1 -LOCATIONS OF EXPLORATORY PITS FIG U RE 2 -SUMMARY LOGS OF EXPL ORATORY PITS FIGURE 3 -CONCEPTUAL LAND USE PLAN FIGURES 4 AND 5 -GRADATION TESTING RES UL TS TABLE 1-SU M MARY O F LAB ORATORY TESTING APPENDIX A-GUIDELINE SITE GRADING SPECIFICATIONS CRYSTAL RANCH CORP. POWERS PIT CONCRETE BATCH PLANT PROJECT NO . GS05567•115 S :\GS0S567.000\115\2. R•ports\GS05567 115 RI.doc SCOPE This report presents the results of our Geologic and Preliminary Geotechnical Investigation for the Powers Pit Concrete Batch Plant in Garfield County, Colorado. The purpose of our investigation was to identify geologic hazards that may exist at the site and evaluate the subsurface conditions to assist in planning and budgeting for the proposed development We have previously performed a "Slope Stability Evaluation" for the Powers Pit, dated May 6,2010 under our Project No. GS-5464-145. We performed the evaluation to assist with reclamation of the site once mining operations are complete. This report includes descriptions of site geology, our analysis of the impact of geologic conditions on site development. a description of the subsurface, ground water conditions found in our exploratory pits, and discussions of site development as influenced by geotechnical considerations. This report was prepared for the exclusive use of Crystal Ranch Corp and Holland and Hart, based upon our understanding of the development plans. The recommendations are considered preliminary and can be used as guidelines for further planning of development and design of grading. We should review final development and grading plans to determine where additional investigations are merited, or if we need to revise our recommendations provided in this report. Additional investigations will be required to design building foundations. A summary of our findings and recommendations is presented below. More detailed discussions of the data, analysis and recommendations are presented in the report. SUMMARY OF CONCLUSIONS 1. No geologic or geotechnical conditions were identified which would preclude the planned development of this site. Collapse-prone soils outside of the pit area and potential for sink hole formation related to Eagle Valley Evaporite are the primary geologic concerns. 2. The subsurface conditions encountered in our exploratory pits generally were man-placed fill consisting of aggregate base course and crusher fines underlain by clean to slightly silty gravel to the maxi mum CRYSTAL RANCH CORP. POWERS PIT CONCRETE BATCH PLANT PROJECT NO. GS05567-11 5 S:IGS05S67.000\115\2. Rcports\GS05567 115 R1.doc 1 explored depth of 12 feet. Four feet of sandy clay-silt was encountered in the bottom of our exploratory pit TP-2. 3. We did not encounter ground water in our exploratory pits at the time of exploratory excavation operations. Our exploratory pits were backfilled immediately after exploratory excavation operations were completed. 4. We anticipate footing or slab foundations will be appropriate for buildings constructed at the site. 5. Asphalt or asphalt with aggregate base course are suitable for access roads and parking lots. Details are presented in this report. SITE DESCRIPTION The site is located approximately 1.5 miles east of the intersection of State Highway 82 and State Highway 133 in Garfield County, Colorado. The approximately 24 acre site consists of a Lafarge gravel pit and concrete batch plant. Several areas of the pit floor have been used for disposal of waste concrete. State Highway 82 borders the site on the south, and Crystal Springs Road borders the site on the east. The parcel is surrounded by rural ranches and single-family residences. Ground surfaces on the floor of the pit are relatively flat, sloping down to the south at grades less than 5 percent. Steeper slopes (some vertical cuts) surround the pit. Areas of the Powers Pit were currently being mined. Vegetation at the site consisted of sparse weeds and grasses. PROPOSED DEVELOPMENT We understand that potential development of the parcel could consist of commercial and light industrial lots (including the continued operations of the concrete batch plant} with paved parking, roads and undergr ound utilities (as shown on Figure 3). Below-grade construction associated with these uses will likely be one- level, if chosen. Preliminary plans indicate site grading will consist of construction of access roads, utilities and some building pads. CRYSTAL RANCH CORP. POWERS PIT CONCRETE B ATCH PLANT PROJECT NO. GS0S567•115 S:IGS05567.000\115\2. Ropons\GS05567115 R1.doc 2 SITE GEOLOGY AND GEOLOGIC HAZARDS Site geology and geol ogic hazards on this parcel were evaluated by David A . Glater, P.E., C.P.G., using field reconnaissance on April 2 8, 2011 and a review of available literature. The ground surface at the time of our visit was clear of snow. Literature references are cited at the end of this section. We did not observe bedrock outcrops within the pit If present at the pit bottom, it has been covered by mining operations. Outcrops were noted i n road cuts along Crystal Springs Road, just northeast of the property. Mapping by the Colorado Geological Survey (2008, Reference 2) indicates bedrock materials beneath the Powers Pit are the Pennsylvani an age Eagle Valley Evaporite (Pee), a sedimentary deposit that comprises gypsum, anhydrite, limestone carbonate and shale. The bedrock in this area is highly folded and faulted due to tectonic forces and dissolution by ground water over hundreds of millions of year s . An excerpt from CGS ' 2008 geologic map is reproduced below ~-~-_ Ir--,; ~' 7~ .. zfM ~~ ;: ··.:. · .. · •.. ::·;.=~:: ~~ ,-_,-_,, -;~;. ·•: ... ' . . .. w . '.¼._,""";;-\..;~-~-· "'-. Otn'I\ "-~ . ...... .---... ~~ '-./ .::::-. ~~---::::~~ -"~~:::._-=•! 2008 CGS Geologic Map -Scale: Distance between section lines is about 1 mile o r 5280 feet. CRYSTAL RAN CH CORP. POWERS PIT CONCRETE BATCH PLANT PROJECT NO. GS05567-115 $:IGS0SS67 .0001115\2. RoportslGS05567 I 15 R1 .doc 3 Bedrock materials are covered by Glacial Terminal Moraine deposits (Qtrn). The glacial material was deposited during recession of the middle to late Pleistocene ice sheets in this area, probably 500,000 to 1 million years ago. The moraine is a gravelly cobble -boulder soil with a clayey sand matrix. The gravel pit processes the moraine deposit, estimated to be about 30 f eet thick or more. Geologically recent alluvium- colluvium (Qaco) and slopewash-colluvium (Qcs) up to about 25 feetthick covers the moraine deposit and is the "overburden" for the mine. The alluvium-colluvium is more granular and is exposed in un-mined areas in the southern portion of the pit. The slopewash is finer-grained, described as a pinkish-brown silty and sandy clay. Geologic hazards typical in Colorado are described in Re ference 3. Brief rec onnaissance found no evidence of avalanches, landslides, rockfalls, mudflows and debris fans, expansive soil and bedrock on the Powers Pit property. Portions of the pit are being actively mined. Some areas expose nearly vertical slopes within the silty and sandy clay overburden and the cobble-gravel mine zone. These over- steepened slopes are potentially unstable. Reclamation was underway in the east portion of the pit. Slopes were being graded at inclinations of about 3H :1V or flatter, as shown on the reclamation plan. Where engineered, reclaimed slopes are present or planned ; we believe they will be stable, provided hydrostatic pressure is not allowed to build within them. Collapsible soil deposits are not expected inside the Powers Pit where the overburden has been removed for mining and replaced during reclamation. Some of the undisturbed soils around the pit may have some degree of collapse potential upon wetting. This should be investigated if improvements are planned outside the pit. The regional geologic hazard of sinkholes due to ground subsidence caused by widespread dissolution of salt in the bedrock may affect the property. CGS mapped two instances of sinkhole formation nea rby on Crystal Springs Road, shown as X's on the geologic map. We w e re not able to see the evidence of sinkhole activity mapped by CGS. We b e lieve the likelihood of sinkhole formation is smaller in the CRYSTAL RANCH CORP. POWERS PIT CONCRETE BATCH PLANT PROJECT NO. GS05567-115 S:IGS05567.000\115\2. RoportslGS055671 15 R1.doe 4 mined pit than the surrounding area along Crystal Spring, because of the historically persistent drainage and the recently removed loading of 1 O's of feet of soil. A proper way to evaluate the presence of subsidence features such as filled or open voids is to perform targeted deep drilling where critical structures will be located. The soil and bedrock units are not expected to respond unusually to seismic activity. Liquifaction potential is considered nil. We believe most locations on the pit bottom can be considered to be Site Class C. Sites outside the pit will likely be Site Class D. Only minor damage to relatively new, properly designed and built structures would be expected. On April 27 , 2011 , our project engineer, Mr. Edward R. "Ted" White, visited the site and performed a radiation survey. Our survey consisted of walking along lines the length of the site in an east-west direction. Lines were spaced approximately 30 to 50 feet apart. We observed radiation measurements that were taken with a Ludlum Instruments, Inc. Model No. 19 Micro-R-Meter carried at arms length (approximately 2 feet above the ground surface). Radiation readings were observed by continuously glancing back and forth from the Micro-R-Meter to the line of travel. We observed radiation measurements averaging approximately 2 microroentgens per hour. Some areas had readings as low as O microroentgens per hour and as high as 5 microroentgens per hour. In our opinion, these readings on the site are indicative of normal background radiation for the area in Garfield County near the pit and do not indicate contamination. Excavations at individual sites will expose the subsoils and could yield different radiation readings. It may be appropriate to perform a radiation survey of completed excavations at individual locations on the property. In summary, we find no geologic hazards that preclude development of this parcel for the planned uses. CRYSTAL RANCH CORP. POWERS PIT CONCRETE BATCH PLANT PROJECT NO. GS05567-115 S:\GS05567.000\115\2. Report•IGS05567 115 R1.doc 5 Geology Section References 1. "Surficial Geology, Geomorphology, and General Engineering Geology of Parts of the Colorado River Valley, Roaring Fork River Valley, and Adjacent Areas, Garfield County, Colorado" by J.M. Soule and B .K. Stover, Colorado Geologic Survey Open File Report 85-1 , Plate 1A -Surficial Geologic Map, Plate 2A-Geomorphic Features Map, Plate 3A-Geologic Hazards Map. and Plate 4A -Construction -Materials Map, 1985 2. "Geologic Map of the Carbondale Quadrangle, Garfield County, Colorado" compiled by Robert M. Kirkham and Beth L. Widmann , Colorado Geological Survey Map Series 36 , 2008 3. "Guidelines and Criteria for Identification and Land-Use Controls of Geologic Hazard and Mineral Resource Areas" by W.P. Rogers, et. al, Special Publication 6, Colorado Geologic Survey, 1974 4. Aerial Photography by Google Earth. Date believed to be several years ago, prior to construction of facilities south of the earth-filled ponds. 5. "Collapsible Soils and Evaporite Karst Hazards Map of the Roaring Fork River Corridor, Garfield, Eagle, and Pitkin Counties, Colorado" by Jonathan L. White, Colorado Geological Survey Map Series 34, 2002. FIELD AND LABORATORY INVESTIGATIONS Subsurface conditions were investigated b y observing the excavation of seven exploratory pits at the approximate locations shown on Figure 1. The pits were excavated using a trackhoe. Our laboratory/field manager observed exploratory excavation operations, logged the soils found in the pits and obtained samples. Summary logs of the soils found in the pits are presented on Figure 2. Samples recovered from the exploratory pits were returned to our laboratory and visually classified by the geotechnical engineer. Laboratory testing included Atterberg limits, particle-size analysis, and water soluble sulfate content. Laboratory test results are presented on Figures 4 and 5 and summarized on Table I. CRYSTAL RAN CH CORP POWERS PIT CO NCRETE BATCH PLANT PROJECT NO. GS05567-115 S:\GS05567.000\i 15i2. RoportslGS05567 115 RI.doc 6 SUBSURFACE CONDITIONS Subsurface conditions found in our exploratory pits TP-1 , TP-3 and TP-4 were approximately 2 feet of aggregate base course underlain by natural sandy gravel with cobbles and boulders. At the TP-5 and TP-6 locations our exploratory pits penetrated natural gravels from the ground surface to the maximum excavation depth. Three feet of crusher fine (sand and fine gravel) were underlain by natural gravel in TP-7. At the TP-2 location we found 2 feet of aggregate course above 6 feet of granular fill underlain by the natural gravels. We encountered an approximately 9 foot layer of waste concrete on the south edge of our pit TP-5. A more detailed description of the subsurface conditions is presented in our exploratory pit logs and laboratory testing. Ground water was not encountered in our exploratory pits at the time of exploratory drilling operations. Ground water levels on the parcel are likely related to the Roaring Fork River and are nearest the ground surface during peak snowmelt/runoff, during April and May. We do not anticipate that ground water will significantly affect future development of the site. We reviewed the National Cooperative Soil Survey prepared by the United States Department of Agriculture (U.S.D.A.) The Soil Conservation Service (SCS) classifies the soils on the site as Almy loam with slopes of 1 to 12 percent, and Fluvaquents with slopes of Oto 10 percent. The SCS indicates that sites with these soils may be very limited (poor) to not limited (excellent) for development of dwellings with or without basements , lawns and landscaping, local roads and streets, slopes, and small commercial buildings due to problems related to shrink/swell or low soil strength. The SCS indicates that corrosion of concrete is low and corrosion potential of steel may be high. Based on our site specific field and laboratory investigation, we believe mitigation may be required ; however, the site is not considered "poor" for development. Adjacent developments have generally performed well. CRYSTAL RANCH CORP POWERS PIT CONCRETE BATCH PLANT PROJECT NO. GS0S567-115 S:IGS0SSS7.000\11512. Repons\GS0SS67 115 R1 .doc 7 Effects on Ground Water and Aquifer Recharge Areas The nearest major floodplain to the Powers Pit Concrete Plant is the Roaring Fork River floodplain, approximately 1 /4 mile to the south. Proposed uses of the site do not include waste disposal. CTL I Thompson, Inc. has previously provided a slope stability analysis for the Powers Pit under our Project No. GS05464-145, dated May 6, 2010. Natural Clay-Silt We encountered sandy clay-silt in the bottom 4 feet of our pit TP-2 near the south portion of the Powers Pit. Conceptual plans show this area will consist of a landscaped buffer and berm. These soils will not adversely affect landscape buffer or berm construction. Our observations during excavation operations indicated the sandy clay-silt was stiff. Atterberg limits testing on the clay were a liquid limit of 26 percent and a plasticity index of 5 percent. The clay-silt contained 85 percent silt and clay size particles (passing the No. 200 sieve). Laboratory test results are summarized on Table I. Gravel Sandy gravel with cobbles and boulders was encountered at the surface or below aggregate base course and crusher fine fill in our pits across the majority of the Powers Pit. Conceptual plans show that the future development at the site will occur in areas where the natural gravel with cobbles will be present at anticipated foundation elevations. Four samples of the gravel tested contained between 3 and 7 percent silt and clay size particles (passing the No. 200 sieve). The laboratory testing does not include larger diameter soils such as cobble and boulder and therefore is reflective of the finer sized portions of the actual soils. Gradation test results are shown on Figures 4 and 5. CR YST AL RANCH CORP POWERS PIT CONCRETE BATCH PLANT PROJECT N O. GS05567-115 S:IGS05567.000\11512. Rcports\GS055 67115 R1.doc 8 DEVELOPMENT RECOMMENDATIONS Site Grading Grading plans are being developed at this time. Based on the conceptual plans, we anticipate that site grading will be limited to that required to form lots and construct roads and utilities across the site. We believe grading can be accomplished using conventional construction techniques and heavy-duty equipment It is important that deep fills (if planned) be constructed as far in advance of surface construction as possible. It is our experience that fill compacted in accordance with the compaction recommendations in this report may settle about 0.5 to 1 percent of its thickness under its own weight. Most of this settlement usually occurs during and soon after construction. Some additional settlement is possible after development and landscape irrigation increases soil moisture content. We recommend delaying the construction of buildings underlain by deep fills as long as possible to allow for this settlement to occur. Delaying construction of structures up to one year where located on deep fills is recommended. The existing on-site soils are suitable for re-use as fill material provided the soils are free of particles larger than 6 inches in diameter, debris or deleterious organic materials. Prior to fill placement, a II trash and debris should be removed from fill areas and properly disposed. The ground surface in areas to be filled should be stripped of vegetation , topsoil and other deleterious materials, scarified to a depth of at least 8 inches, moisture conditioned and compacted as recommended below. Topsoil is non-existent in most areas of the site. The depth of topsoil is not anticipated to be more than 4 to 8 inches thick where topsoil is present. CRYSTAL RANCH CORP. POWERS PIT CONCRETE BATCH PLANT PROJECT NO. GS05567-115 S:\GS05587.0001115\2. Raports\GS05567 115 R1.doc 9 Site grading fill should be placed in thin, loose lifts, moisture conditioned and compacted. In areas of deep fill, we recommend higher compaction criteria to h e lp reduce settlement of the fill. Compaction and moi sture requirements are presented in Appendix A. The placement and compaction of fill should be observed and density tested during construction. Guideline site grading specifications are presented in Appendix A . Imported Fill If import material is required for fill, samples from each source should be provided for our review. Import structur al fill should consist of a COOT Class 6 aggregate base course o r similar soil. The material should be placed and compacted as recommended in Appendix A . Permanent Cut and Fill Slopes We performed a slope stability e v aluation for the Powers Pit under our Project No. GS05464-145, dated May 6, 2010. Recommendations form our evaluation should be followed for permanent cut/fill slopes. Utility Construction We believe excavations for utility installation in the soils at the site can be performed with conventional heavy-duty or large b ackhoes. Ground water is not anticipated in excavations at the site. If ground water is encountered during construction in shallow excavations, dewatering will likely be feasibly accomplished by sloping excavations to occasional sumps where water can be removed by pumping. CRYSTAL RANCH CORP. POW ERS PIT CON CRETE BATCH PLANT PROJECT NO. GS05567·115 S:IGS05567 .000\115\2. Roports\GSOS567 115 R1.doc 10 ~ Utility trenche s should be sloped or shored to meet local, State and federal safety regulations. The gravel will classify as a Type C soil based on OSHA standards. The clay will classify as a Type B soil based on OSHA standards. Excavation slopes specified by OSHA are dependent upon soil types and ground water conditions encountered. Contractors should identify the soils encountered in the excavation and refer to OSHA standards to determine appropriate slopes. Excavations deeper than 20 feet should be designed by a professional engineer. The width of the top of an excavation may be limited in some areas. We believe "trench box" construction may be necessary. Bracing systems would need to penetrate the cobble and boulder. Sheet pile installation would likely be problematic. Lateral loads on bracing depend on the depth of excavation, slope of excavation above the bracing, surface loads, hydrostatic pressures, and allowable movement. For trench boxes and bracing allowed to move enough to mobilize the strength of the soils with associated cracking of the ground surface, the "active" earth pressure conditions are appropriate for design. If movement is not tolerable, the "at rest" earth pressures are appropriate. We suggest an equiv alent fluid density of 35 pcf for the "active" earth pressure condition and 50 pcf for the "at rest" earth pressure condition, assuming level backfill. These pressures do not include allowances for surcharge loading or for hydrostatic conditions. We are available to assist further with bracing design, if desired. Water and sewer lines are usu.ally constructed beneath paved roads. Compaction of trench backfill can have a significant effect on the life and serviceability of pavements. Trench backfill should be placed in thin, loose lifts, and moisture conditioned to within 2 percent of optimum content. Trench backfill should be compacted to at least 95 percent of maximum dry density (ASTM D 698). The placement and compaction of fill and backfill should be observed and tested by our firm during construction. Backfill soils maximum diameter should be limited to 3 inches to avoid nesting of larger diameter rock in the trench. CRYSTAL RAN CH CORP. POWERS PIT CONCRETE BATCH PLANT PROJECT NO. GS05567-115 S:IGS05567.000l 11512. Roports\GS05567 115 R1.doc 11 PRELIMINARY RECOMMENDATIONS FOR STRUCTURES The property is currently planned for industrial or commercial construction. Our field and laboratory data indicate the soil conditions across the site generally consist of clean to slightly silty gravel with cobbles. The following discussions are preliminary and are not intended for design or construction. After grading is completed, a detailed geotechnical investigation should be performed for each structure and lot Foundations Our geologic and preliminary geotechnical investigation for this site indicates structures can likely be founded on shallow foundations where gravel soils occur at foundation elevations. Shallow foundation types will likely include footings, mat/rafts, or post-tensioned slabs-on-grade for light structural loads. A design level geotechnical Investigation may identify potential constraints for specific areas not indicated by our pits. Slab-on-Grade and Basement Floor Construction The use of slabs-on-grade for main-level and basement floors will likely be appropriate. We believe most of the site will be rated low risk for poor slab performance. Excavations into the natural soils will likely expose cobble and boulders. A leveling course of crusher fines or similar soil will likely be needed to achieve a flat surface to place concrete slabs on. Slab performance risk should be more thoroughly defined during the design-level geotechnical investigation. Buildings with mat-raft or post-tensioned slab-on-grade foundations will not require an independent slab-on-grade floor because the foundations will also be the slab. CRYSTAL RANCH CORP. POWERS PIT CONCRETE BATCH PLANT PROJECT NO. GS0S567-11S S:IGS066G7.000\115\2. Roport•IGS05567 115 R1.doc 12 Below-Grade Construction Surface water should not flow adjacent to foundation walls and below slabs. To reduce the risk of excess moisture and hydrostatic pressure developing on foundation walls, foundation drains may be necessary around below-grade areas. Foundation drains should discharge to sumps where water can be removed by pumping or by gravity. Foundation walls and grade beams should be designed to withstand lateral earth pressures. The design pressure should be established during design-level geotechnical investigations. Surface Drainage Proper surface drainage is critical to the performance of foundations and flatwork. The ground surface around proposed buildings should be shaped to provide runoff of surface water away from the structure and off of pavements. We generally recommend slopes of at least 12 inches in the first 10 feet where practical in the landscaping areas surrounding buildings. There are practical limitations on achieving these slopes. Irrigation should be minimized to control wetting. Roof downspouts should discharge beyond the limits of backfill. Water should not be allowed to pond on or adjacent to pavements. Proper control of surface runoff is also important to limit the erosion of surface soils. Sheet flow should not be directed over unprotected slopes. Water should not be allowed to pond at the crest of slopes. Permanent slopes should be re-vegetated to reduce erosion. Water can follow poorly compacted fill behind curb and gutter and in utility trenches. This water can soften fill and undermine the performance of the roadways , flatwork and foundations. We recommend compactive effort be used in placement of all fill. CRYSTAL RANCH CORP. POWERS PIT CONCRETE BATCH PLANT PROJECT NO . GS05567-11S S:\GS05567.000\115\2. Roports\GS05567115 R1.doc 13 General Design Considerations Exterior sidewalks and pavements supported by the gravel soil are subject to post construction movement Flat grades should be avoided to prevent possible ponding, particularly next to buildings due to soil movement. Positive grades away from the buildings should be used for sidewalks and flatwork around the perimeter of the buildings in order to reduce the possibility of movement of this flatwork, resulting in ponding next t o the structures. Joints next to buildings should be thoroughly sealed to preventthe infiltration of surface water. Where concrete pavement is used, joints should also be sealed to reduce the infiltration of water. Since some post construction movement of pavement and flatwork may occur, joints around the buildings should be periodically observed and resealed where necessary. Roof drains should be discharged well away from the structures, preferably by closed pipe systems. Where roof drains are allowed to discharge on concrete flatwork or pavement areas next to the structures, care should be taken to insure the area is as water tight as practical to eliminate the infiltration of this water next to the buildings. CONCRETE Concrete that comes into contact with soils can be subject to sulfate attack. A concentration was measured in a sample of the natural gravel at the site at 0.00 percent. For this level of sulfate concentration , ACI 318-0 Code Requirements for Structural Concrete indicates there are no special requirements for sulfate resistance. In our experience, superficial damage may occur to the exposed surfaces of highly permeable concrete, even though sulfate levels are relatively low. To control this risk and to resist freeze-thaw deterioration, the water-to-cementitious materials CRYSTAL RAN CH CORP. POWERS PIT CONCRETE BATCH PLANT PROJECT NO. GS05567-115 S:\GS05567.000\115\2. Roport&IGS05567115 R1 .doc 14 ratio should not exceed 0.50 for concrete in contact with soils that are likely to stay moist due to surface drainage or high water tables. Concrete should have a total air content of 6 % +l -1 .5 %. We recommend damp-proofing of all c oncrete walls in contact with soils, including buried grade beams, to control moisture penetration into the concrete. FINAL DESIGN CONSULTATION AND CONSTRUCTION OBSERVATIONS This report has been prepared for the exclusive use of Crystal Ranch Corp and Holland and Hart to provide geologic and geotechnical criteria for due diligence and preliminary planning of the project. The information and the conclusions and recommendations presented herein are based upon the considerations of many factors includi ng, but not limited to, the type of development proposed, the configuration of the development, the geologic setting, and the subsurface conditions encountered. The conclusions and recommendations contained in the report are not valid for use by others. CTL I Thompson, Inc. should be retained to provide design-level geotechnical investigations for the project when plans are further developed. Our firm should also be retained to provide geotechnical engineering and material testing during construction of the site grading, utilities, and drainage features. The purpose is to observe the construction with respect to the geotechnical design concepts, specifications or recommendations, and to facilitate design changes in areas where the subsurface conditions differ from those anticipated before the start of construction. Based on the results of this investigation and the proposed development, we recommend the following investigations be performed: 1. Review of final site grading plans b y our firm; CRYSTAL RA NCH CORP POWERS PIT CO NCRETE BATCH PLANT PROJECT NO. GS05567-115 S:\GS05567,D00\115\2. Roports\GSD5567115 RI doc 15 2. Design-level geotechnical investigations to determine appropriate foundation and floor systems for structures after grading; and 3. Construction testing and observation for site development and building construction. GEOTECHNICAL RISK The concept of risk is an important aspect of any geotechnical evaluation. The primary reason for this is that the analytical methods used to develop geotechnical recommendations do not comprise an exact science. The analytical tools which geotechnical engineers use are generally empirical and must be tempered by engineering judgment and experience. Therefore, the solutions or recommendations presented in any geotechnical evaluation should not be considered risk-free and, more importantly, are not a guarantee that the interaction between the soils and the proposed structure will perform as desired or intended. What the engineering recommendations presented in the preceding sections do constitute is our estimate, based on the information generated during this and previous evaluations and our experience in working with these conditions, of those measures that are necessary to help the development perform satisfactorily. The developer, builder, and future owners must understand this concept of risk, as it is they who must decide what is an acceptable level of risk for the proposed development of the site. LIMITATIONS Our exploratory pits were located to obtain preliminary subsurface data indicative of conditions on this site. Although our pits were spaced to obtain a reasonably accurate picture of subsurface conditions, variations in the subsoils not indicated in our pits are always possible. We believe this investigation was conducted in a manner consistent with that level of skill and care ordinarily used by members of the profession currently practicing under similar conditions in the locality of this project. No warranty, express or implied, is made. CRYSTAL RANCH CORP POWERS PIT CONCRETE BATCH PLANT PROJECT NO GS05567-115 S:IGS05567,000111612. RoportslGS05567 115 R 1.doc 16 This report was prepared from data developed during our field exploration, laboratory testing, engineering analysis and experience with similar conditions. The recommendations contained in this report were based upon our understanding of the planned construction. If plans change or differ from the assumptions presented herein, we should be contacted to review our recommendations. If we can be of further service in discussing the contents of this report or in the analysis of the building and pavement from the geotechnical point of view, please call. Edwar Projec .E. er A-.»~ t½~ David A. Glater, P.E., C.P.G. Principal Geologic Engineer ERW:JM:DAG:cd cc: Via email to landstudio2@comcast.ne t CRYSTAL RANCH CORP. POWERS PIT CONCRETE BATCH PLANT PROJECT NO. GS05567-115 S:\GS05567.000111512. Roports\GS05567116 R1.doc 17 Scale: 1 '=200' Crystal Ranch Corp. Power& Pit Concrete Batch Plant Project No. GS05567-115 Note: Locattons of exploratory ptts are approximate. Locations of Exploratory Pits T Fig.1 TP-1 TP-2 0 ~[. 'f ~ ~ ~CT .E ~CT .c ~CT 1i. ,! 10 ~D_., 15 LEGEND: ■ Asphalt pavement. I]] Crusher fines -sand, fine gravel. 1\1 Aggregate base course. IZI Project No. GS05567-115 F'III, gravel, sandy to clayey, cobbles, medium dense, moist, brown. TP-3 □ ~ F TP-4 TP-5 T ;I OD ;ha :CT :CT ~Do ~DO :CT r0rf ~°"'o Clay-slit, sandy, stiff, moist, brown. (CL-ML) Gravel, sandy, cobbles, occasional boulders, very dense, moist, brown. (GP-GM) Indicates bulk sample. SUMMARY LOGS OF EXPLORATORY PITS TP-6 TP-7 0 T T 5]c :Cl • ~DO ~CT 1 £Cl oD OD :i :Cl :CT .. ~oG ~~ 01'( 10 !. 15 NOTES: 1. Exploratory pits were excavated with a trackhoe on April 21, 2011. 2. No free ground water was found In the exploratory pits at the time of excavation. 3. Locations and elevations of exploratory pits shown on Figure are approximate. 4. These exploratory pits are subject to the explanations, limitations and conclusions as contained In this report. if Fig. 2 Storage Yard Application 2020   33 | Page      Sopris Engineering Report  (attached)                                          ENGINEERING REPORT FOR POWERS PIT CONCRETE BATCH PLANT COMP PLAN AMENDMENT Garfield County, Colorado Pr e par ed by : So pris En gin ee ring, LL C 50 2 M ain St r eet Suite A3 Ca r bo nda l e, Co l orad o 81623 SE Proj ect Num ber: 1101 6 Jun e 24, 2 011 .i~I~ Stephanie 0. He lfe nbe in E.I. 77 t! ~ ;z 'I') 0~~~-.fi ,: .. ( 0 ,co l1 I Engineering Report-Powers Pit Concrete Batch Plan t -SE Proj ect No. 11016.01 June 24, 201 1 Page 2 TABLE OF CONTENTS 1.0 I NTRODUCTION & PURPO SE .................................................................................................................................................. 3 2.0 POTABLE WATER SYSTEM 2.1 Ex isting Potab l e Water System ................................................................................................................................ .3 2.2 Propose d Potable Wate r System .......................................................................................................................... 3-4 2.3 Wate r Demand ...................................................................................................................................................... .4 2.4 Fire Protection ....................................................................................................................................................... 4 3 .0 SA N ITARY SEW ER SYSTEM 3.1 Ex isti ng San itary Sewe r System ............................................................................................................................. 5 3.2 Propo sed Sa nitary Sewe r Sy st em ......................................................................................................................... .5 4.0 IRR IGATION SYSTEM ............................................................................................................................................................. .5 5.0 SHALLOW UT ILI T I ES ............................................................................................................................................................... .5-6 6.0 NATURAL H AZARDS ............................................................................................................................................................... 6 7 .0 ACCESS .................................................................................................................................................................................... 6 8.0 ROADS/S ITE I MPROVEM ENTS .............................................................................................................................................. 6 9.0 TRAFF IC ................................................................................................................................................................................... 6 10.0 DRAI NAGE ............................................................................................................................................................................. 7 11.0 CONCL USIONS ...................................................................................................................................................................... 7 502 Ma i n Stree t • Suite A3 • Carbonda l e, CO 8 1623 • (9 70) 704 -03 1 1 • Fax (970) 704-0313 SOPRIS ENGINEERING • llC civ il co ns u ltant s I Eng ineering Report-Powers Pit Concrete Batch Plant -SE Project No. 11016.01 June 24 , 2011 Page 3 1.0 INTRODUCTION AND PURPOSE This report prese nts o ur summ ary of eng in eerin g ana lysis and findings assoc iated w ith t he proposed Powers Pi t Concrete Batch Pl ant Co mp Plan Amend m ent an d accompa nies drawings prepared by Sopris Engineerin g (SE ) dated June 24, 201 1. Th e Powers Pit i s loca t ed north east of Ca r bondale, Colo r ado, o n the no rt h side of St ate Highway 82 in Ga r fie ld Cou nty, Co lo rado. The entire property co nsists of approx imate ly 453 ac res . Of that ar ea, approxi mately 68.5 acres i s curre ntly leased to La Farge fo r mining and batch p l ant operations w hil e the remaining prope rty i s deve loped as r ura l resident ial. Th e deve l opab l e portion of the cu rrently l eased area w ill co nsist of app r oxim ately 19.25 ac res excl usive of the roadway, detent ion pond and slopes. This report and this amendment do n ot apply to the rura l res identia l o r agr icu ltura l port ion of the property. Because t he fin al developed uses of this project are not d eterm in ed at this t im e, SE m ade some ass um ptions on what can/will be deve l oped base d o n Garfie ld Co unty Code Requirements. ► There is app ro xim ately 19.25 acres of usab le area outside of the roadway, detention pond and slopes. ► Pe r Ga rfield County Code (3-206), l ot coverage is l imited to 75% w hi ch equ ates t o 14.44 acres (629,006 SF). ► Per Garfi eld Co unty Code (3-304-A), parking space req uirem ents are 1 space/2000 SF for "Wholesa le Establis hme nt, Warehouse, Rail or Tru ck Frei ght Terminal s". ► Assumed area of a parking space inclu din g r eq uired access roads=400 SF ► Balancing the req uired parkin g, snow storage and all owab le bui lding square footages: -Ap proximate Po t en ti al Future Allowed Bu il d in g SF=572,297 SF -Approximate Potenti al Future requi red pa rkin g spaces=286 -Approximate Potent i al Future area of pa rkin g spaces=S l,507 SF -Approximate Pote nt i al Future required snow st orage at 2.5% of park ing surface=l,288 SF -Approxim ate Pote nti al Future TOTAL lot coverage (Bu ilding + Park i ng ) =62 3,804 SF< 75% Allowed Th e vario us site e ngineering stud i es summ ar ized in th is report ar e in te nd ed to provide an evalua tion and assessme nt of infrastr ucture needs assoc iated w it h the proposed subj ect deve l opment. Engineering summar ies and fi ndi ngs address ing utilities, natural h aza rd s, access , dra in age, and roads are in cluded. 2 .0 POTABLE WATER SYSTEM 2.1 EX ISTI NG POTAB LE WATER SYSTE M Currently, the La Farge gr ave l pit site does not have a domesti c water source. 2 .2 PROPOSED POTABLE WATER SYSTEM The propo se d deve l opment w ill be served by a domes tic we ll th at has recently been drilled in t he southeast corner of the pit floor. Th e syste m wi ll be designed t o provide a re li ab le water supply adequate to meet fire fl ow r equ irem ents and i n-house n eeds of t he development. A storage tank will be constru ct ed t o allow storage an d treatme nt of the water prior to distribution. Once th e us es of t he Rura l Emp loyme nt Ce nter ar e d eterm ined, t he potable tank will be designed to provide 2 days of storage for the entire deve lopment, plus 180,000 ga llo n s (1,500 ga llons per m inute X 2 hours) to I 502 Mai n St reet• Suit e A3 • Ca r bonda l e, CO 81623 • (970) 70 4-0 3 11 • Fax (970) 704-03 13 SOPRIS ENGINEERING • llC c i v i l co nsu l tants I Engineering Report-Powers Pi t Concrete Batch Plant -SE Project No. 11016.01 June 24, 2011 Page 4 provide the req uired fire flows of 1,500 ga ll ons/min. The anticipated water uses are primarily potable water an d fi re protection. No potable wate r wi ll be used for irrigation. 2.3 WATER DE M AND Water demand rep resents the tota l water usage requ ired within a distribution system. As i s stated above, the antic i pated water uses are prim arily potable wate r and fire protectio n. No potable water w ill be used for irrigat ion. The Average Day Demand (ADD) ca lculated below represents the tota l annua lized water use on a daily basis. It forms a basis for esti mating Peak Day Demand (POD) and Peak Hour Demand (PHO). The POD us used in establishing the required water production capacity and represents the da ily use during peak periods. Water prod ucti on and treatment capacity shou ld, at a m inimum, equa l the POD. Th e POD was esti mated based upon peak factor ratios appl ied to the ADD. Th ese peak fact ors ge ne rally differ by uses types since they are most often i nclude both indoor and outd oor water use. As a result, peak factors are norm all y sub stantia lly influe nc ed by i rrigation demand and i n this case, irrigatio n is provided by a raw water syste m. Water demand can be ca lcul ated i n a variety of ways. Garfi eld County uses a syste m w hich translates residential and commercia l uses into Equivalent Res identia l Units or EQRs, w here 1 EQR=300 ga ll ons per day/house ho ld . Garfield Cou nty does not allow a red uctio n in water demand or peaking facto r s as a resu lt of usi ng a raw water syste m to supply irrigatio n water. As th ere is no Garfie ld Co unty EQR schedul e, t his d eve lop ment was analyzed using t he West Glenwood Sa nitatio n Di stri ct's "N o n-Retail Work Area Such as Ga r ages, M ac hi ne Shops, Fire Sta tio ns and Wareho uses" with 0.2 EQR/1000 SF. Utilizi ng the ass umptions o utlin ed in the Introduction above for potent ial bu ildout of the project, ADD for the project is estimat ed at 34,200 ga ll ons per day w i th the POD esti mated at 85,SOOga ll ons per day, as is outli ned i n the tabl e be low, with no reductions being appli ed for utilizing raw water for irri gation. Maximum Building (SF) EQRs (0.2/1000 SF) ADD (gpd) Peak Day Factor PDD (gpd) 572,297 114 34,200 2 .5 85,500 2.4 FIRE PROTECTION The La Farge pit is l ocated w ithin t he Carbonda le Rural Fire Protection Distri ct . The Coun ty has ado pte d the Un iform Fire Co de of the Nati onal Fire Protect ion Assoc iation (NFP A), and al l aspects of t he PUD's design w ill need to m eet this code. A ll PUD lots are requ ired to have prima ry and seco n dary access po ints to allow escape from fire entr apment. Buildings co nstru cted with in the PUD w ill need to meet the requirements of Appendix B of the Internati ona l Fire Code (IFC), "Fi re Flow Requ i rements for Bu ildings." All roads withi n the su bdivision w ill need to be designed and constructed to Garfie ld County standards t o en sure unrestri cted access t o t he Di strict's eme r ge ncy ve hi cles. Si nce the PUD w ill not be se rved by Carbonda le's public wate r syste m, a fire protection storage t ank w ill be required, per NFP A Standard 1142, "Standa r d o n Water Suppl ies for Suburban and Rura l Fire Fi ghti ng." Th e tank wi ll be supp li ed by a wel l and w ill be si ze d des igned to provide 2 days of storage for the e ntire deve lo pm ent, pl us 180,000 gallons (1 ,500 ga ll ons per m in ute X 2 hours) to provi de the required fire flows of 1,500 ga llons/min. We estimate that the largest required tank would be in the range of 240,000 ga llons. 3 .0 SANITARY SEWER SYSTEM 502 Main Street• Suite A3 • Ca r bonda l e, CO 8 1623 • (970) 704-031 1 • Fax (970) 704-03 13 SOPRIS ENGINEERING • llC civ il consu ltants I Engin eering Report-Powers Pit Concrete Batch Plant -SE Project No. 11016.01 June 24 , 201 1 Page 5 3.1 EXIST ING SAN ITARY SEWER SYSTEM Currently, the LaFarge gravel pit does not have an ex isting san itary sewer system. The on-site bu i ld i ngs are served by a port-a-potty. 3.2 PROPOSED SANITARY SEWER SYSTEM The most v iable opti on for serving the wastewater needs of t he future Ru ral Emp loyment Center is the use of individua l onsite wastewater treatment systems (OWTS ) for each property developed. A county-perm itted OWTS wil l be requ i red for future Rura l Emp loyment Center uses to be deve loped. The design of these i nd ividual treatment systems will be based on on-s ite geotech n i ca l ch aracte risti cs, organic loading, and proposed peak wastewater flows. Setbacks from on-site we ll s, irrigation d itches, dwel li ngs, and property li nes are required for each system. As part of the OWTS design, a site-specific geotechn i cal evaluation is required by a qua lified geotechn ical engineer. Maxi mum wastewater flow per day for an OWTS is 2,000 gallons/day for 2 acres which li mits this development to approximate ly 20,000 gallons/day (ADD) or 67 EQRs. Usi ng a peaking factor of 2.5, the proj ected peak day demand w ill be 50,000 ga ll ons/day. Therefore, development of this property is l imited by t h e capac ity of the OWTS systems, li m it i ng developed sq uare footage to approxi mate ly 336,350 SF (572,297 SF/114 EQR=5020 SF/EQR). Based on pre liminary site geotechni ca l i nform ation, any OWTS constructed in this area will r equire an active secondary t r eatment syste m for treatment of the p ri mary effluent from t he l ot's septic tank. A secondary treatment system would consist of a pressure dosed dispersa l field or a treatment/absorption field w ith i mported fi lter sand and sy nthetic media. These seco ndary treatment systems w ill be sized to allow fo r infiltratio n of treated effl uent into the ground base d o n site soi l permeabil ity. Accordingly, future lots w il l n eed to be sized sufficie ntly to accommodate requ ired setbacks from each OWTS. 4 .0 I RRIGATION SYSTEM The site currently rece ives raw water from the Roaring Fork River for process and irrigation uses. The grave l p it's water r ights, which are owned by Crystal Ra nch Co rp and leased to Lafarge, are decreed for i rrigation and ind ustrial uses assoc iated w it h the operations of the grave l p it. T he ex isti ng infrastructure and easements that are in place for transporting the r iver water to the gravel pit ar e also owned by Crysta l Ranch Corp and leased to Lafarge. Cur r ently, t he water is pumped and routed to the gravel pi t by means of a pump station located on t he so ut h side of Highway 82 and 10-inch and 4-inch pi pelines that cross below the highway. 5.0 SHALLOW UTILITIES Prov iders of e lectrical, n atura l gas, te l ephone and ca ble TV services were co ntacted regard ing provid i ng uti lity service to the site: Electric Electrica l service is currently provided to the La Farge gravel pit by Ho ly Cross Ene rgy. Ex isting overhead power lines ons ite provide three-phase electrical power to the machinery on site. Ho ly Cross Energy reports that the ex isting li n es have adequate capacity to serve a new development. The power li nes w il l be ab l e to serv ice both three-phase and si ngle p h ase el ectri cal equipment. 502 Mai n St reet • Sui te A3 • Carbonda l e, CO 81623 • (970) 704-03 11 • Fax (970) 704-0313 SOPRIS ENGINEERING • LLC civ il consu l tants I Engineering Report-Powers Pit Concrete Batch Plant -SE Project No. 11016.01 June 24, 2011 Page 6 Gas Source Gas reports that natura l gas is not currently provided to the si t e, and t h e closest poi nt of connection to t heir system is a high-pressure main located 900 f eet east of the site along Hi gh way 82, therefore at this time, providing gas to the future d eve lopment is cost prohibitive and wi ll not be suppli ed. Tel ephone Telephone service is currently to the La Farge gravel pit by Qwest Communications. Currently, there are t wo telephone serv ice terminals/pedestals located along the south property boundary/H ighway 82 ri ght-of-way. Qwest reports that the telephone cable that co nn ec t s to th ese terminals has adequate capacity to serve a new development at the site. Cable Comcast reports that cable TV i s not currently provided to the site, and therefore will not be suppl ied to the development. 6 .0 NATURAL HAZARDS The proposed site appears not to have any natural hazards (i e . rockfall or wildfire) located on or near t h e site that might affect the site. Please r efer to the Soi l s Study prepared by CTL Thompson for further information. 7 .0 ACCESS As part of the l ease termination agreement between Powers Ranch and La Farge current access from Highway 82 w ill be di scontinued, and a new access road in to the property will be constructed from County Road 103. The proposed access road has been desig ned and an access p ermit appli cation ha s been prepared and w ill b e su bmi tted to Garfield Co unty concurrently w ith t his amendm ent. Th e road's i ntersection with the County Road is des ign ed to beg in approximately 275 feet north of Highway 82, which will allow for adequate space for staging of vehicles between t h e PUD entrance and the hi ghway. The proposed PUD access road will form a tee inter sect io n w ith County Road 103, with o ne lane for veh icles entering the PUD and dedicated ri ght and left turn lanes for vehicles ex iting the PUD. Th e road has been des igned as a 24-foot wide asp h alt road with 2-foot gravel shoulders and drainage borrow ditches o n both si d es of the road. We propose that the ex istin g access to the pit from Highway 82 be utili zed as an Emergency access o nly. 8 .0 ROADS/SITE IMPROVEMENTS. All access ways throughout t he parking areas are des igned to be 24-feet wide with 2-foot w ide gravel shou lders which is in compliance with Garfie ld County Sta ndards for a rural/secondary access. 9.0 TRAFFIC Pl ease refer to Traffic Impact Analys is for this i nformation. 10.0 DRAINAGE Please refer to the Powers Pit Concrete Batch Plant Comp Pla n Amendm ent Drainage Study prepared by Sopris 502 Main St reet • Suit e A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 SOPRIS ENGINEERING • llC c i vil consu ltants I Engin ee ring Report-Powers Pit Co ncrete Ba tch Plant -SE Project No. 11016.01 Jun e 24, 2011 Page 7 Engineering, dated Ju ne 24, 2011 for addit iona l inform atio n perta ining to drainage and stormwa ter mitigation for t hi s proposed deve lopment. 11.0 CONCLUSION Th e goa l o f thi s report an d acco mpanying e ngin eerin g drawings is t o m eet Garfield Co unty's r equirements for a co mp p lan ame ndment . Through th is pre liminary d es ign process the following ha s been determin ed: 1) Th e deve lopm ent ca n be served by all req uired utilities. 2) Water se rvice required for domestic service and fire sup press io n capa biliti es w i ll be provid ed to all proposed structures on th e property. 3 ) Bu ildout of this proj ect is li mited by th e capa city of the wastewater i nfras tru cture. Althou gh, per co de, as is o ut lin e d in t he introduction, the ac tual d eve lopab l e square footage of t he property all ows for ap proxi mately 572,297 square f eet of building, th e capa city of th e OWTS sy ste ms wil l limit the buildo ut t o app r ox imate ly 336,350 SF . Sopris Eng i ne erin g can be contacted for any qu estio ns and n ee ded clarifications. 502 Main Str ee t • Suit e A3 • Ca rb o nd al e, CO 8 1623 • (970) 704-03 11 • Fax (9 70) 704-03 13 S OPRIS ENGINEERING • LLC c ivil cons u ltan t s DRAINAGE STUDY FOR POWERS PIT CONCRETE BA TCH PLANT COMP PLAN AMENDMENT Garfield County, Co l o rado Pr epared by: Sopris Engineering, LLC 502 Main Street Suite A3 Carbonda le, Co lorado 81623 SE Project Number:11016 Jun e 24, 2011 Yancy Ni chol, P.E. I Master Drainage Study-Powers Pit Concrete Batch Plant -SE Project No . 11 01 6 Page2 June 24, 2011 TABLE OF CONTENTS Page 1.0 INTR OD UCTION & PURPO SE ............................................................................................................... 3 2.0 DES IGN POINTS ...................................................................................................................................... 3 3 .0 EX ISTI NG DRA INAGE CO N DITION AND FEATURES 3.1 Onsite Dra i nage ......................................................................................................................... 3-4 3.2 Offsite Drainage ........................................................................................................................ 4 3.3 Existing Basin Descri ptions .................................................................................................... 4 4.0 D EVELOPED DRAINAGE COND ITION A ND FEATURES 4.1 Deve loped Sites ................................................................................................................... 4-5 4.2 Stormwater Detention ............................................................................................................ 5-6 5.0 ANALYSIS METHODS AND ASS UM PTIONS 5.1 Ra i nfall ...................................................................................................................................... 6 5.2 Time of Concentratio n ............................................................................................................ 6 5.3 Runoff Curve Numbe r ............................................................................................................. 6 6.0 DRA I NAGE FAC I LI TY M A INTENA NCE ..................................................................................................... 6 7.0 SUMMARY ............................................................................................................................................... 6 ATTAC HMENTS Ex h i bit 1 Exh i b it 2 App endix A Pre Dev e lopme nt Dra i n age Basin s Po st Development Drainage Pl an/Basin s Supporti ng docume ntatio n and ca lc u lati o n s. 502 Ma i n St r eet• S ui te A3 • Carbonda l e, CO 8 1623 • (9 70) 704-03 11 • Fax (970) 704-0313 SOPRIS ENGINEERING • LLC civ i l consu lta n ts I Ma ster Drainage Study-Powers Pit Co ncrete Batch Plant -SE Project No. 11016 Page3 June 24 , 2011 1.0 INTRODUCTION AND PURPOSE The Powers Pit is located north east of Carbondale, Colorado, on the no rt h side of State Highway 82 in Ga rfie ld County, Co l orado. The entire property cons ists of approximate ly 453 acres. Of that area, approxi m ately 68.5 acres is curr ently leased to La Farge for min i ng and batch p lant operatio ns w hi le the remaining property is developed as ru ral residential. The purpose of the drainage study i s: • To identify the existi ng drainage fl ows and patterns to and across t he subject site . • To estim ate stormwater ru n off rates t ha t may be expected t hrough t he add it iona l deve lopment of the project. • To determine the vo lu me of stormwater detention that will be necessary to maintain t he existing peak runoff and stormwater volume of the project and provide a safe routing of stormwate r to t he dete nt ion or r ete nti o n ar eas. • To co m ply w it h the dra i nage standards for the Garfield County Un ified Land Use Resolut io n of 2008 Sec tio n 7-206 . Sopris Enginee rin g, LLC (SE ) has an alyzed the project's impacts and has designed d r ai n age d etention structures to detain the entire 100-year sto rm. Th e appe nd ices l ocated in the bac k of t his r eport co ntai n all su pport in g ca lculatio ns assoc iated w ith this analys is. 2.0 DESIGN POINTS The existing site has two "r elease" points, which SE is referring to as Design Po ints (DP). The DPs are used to descri be both the existing and deve loped d ra inage cond it ions. Th e deve loped site has been designed to not release any st ormwater as t he terrain proh i bits the r elease of any stormwater. The des ign points and t he existing and developed basins associated w ith them ar e further descri bed be low. DES IGN POINT 1-DPl is located at t he western portio n of the leased site. The ex isting basin w hi ch con tributes to th e fl ows at this DP is Ex-Basin 1. W h en developed, P-Basin 1 wi ll flow to this DP. W ith d eve lopment, there are no changes to t his b as in . DESIGN PO INT 2-DP2 is located at t he existing dete nt io n pond. The existi ng bas in wh ich co nt ri butes flows at this DP is Ex -Basi n 2. When deve loped, P-Bas i ns 2-5 w ill contri bute flows to th is DP. Si nce the site has been min ed and r eclaimed, t he site does not have a real "r elease" point for the majority of the leased site as the gra des are much lower t han Hi g hway 82, wate r cannot p hysica ll y leave t h e site. 3.0 EXISTING DRAINAGE CONDITION AND FEATURES 3 .1 Onsite Drainage Th e site consists of 62.16 acres. The site has recently been reclaimed with slopes on the west, north and east of 3:1 an d ge nt le slopes so ut hwest across the fl oor of 1-3%. A 210,000 CF detention pond exists in the western porti on of the site w hi ch co llects all o n site drainage. 502 Main St r eet• Suite A3 • Carbo nd al e, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 SOPRIS ENGINEERING • llC civi l c on s ultant s I Master Drainage Study-Powers Pit Concrete Batch Plant-SE Project No. 11016 Page4 June 24, 2011 3.2 Of/site Drainage Since the site has been rec laimed, no offsite drainage e nters t h e site. It i s inte rcepted by i rrigation ditch es on the northern portion of the proj ect site. 3.3 Existing Basin Description There are two ex ist in g drainage basins, 1 a nd 2 and they are shown on Exhibit 1: Existing Drainage Bas i ns. Th e two dra in age ba sin s contr ib ute to two different de sign points which corre late wit h the deve loped dra inage bas ins desig n po ints. The des ign po ints associated with t he existing ba sins are furth er descri bed below: DESIGN POINT!: Existing Basin 1 contributes flows to DPl. ► EX Basin 1 i s the westernm ost drainage and contain s 2.0 acres. T hi s bas in contri butes to Design Point l. Th e runoff from this bas in flows into HWY 82 ri ght-of-way drainage. DESIGN POINT2: Existing Basin 2 contributes flows to DP2. ► EX Basin 2 i s the remainder of the project site and co nsists of 60.55 acres. Th is basin contrib utes t o Design Point 2 . Th e runoff from this bas i n flows i nto an existing swa le aro und the peri meter of the floor and west i nto an existing detention pond. TABLE A: EXISTING DRAINAGE SUMMARY TIME OF EX 25 YEAR BASIN DESIGN AREA WEIGHTED CONCENT RATION PEAK RUNOFF EX 100 YR PEAK ID POIN T (acres) CN (m in) (cfs) RUNOFF (c fs) EX 1 DP1 2 69 10 0.56 1 .05 TOTAL DP 1 0.56 1.05 EX 2 DP2 60.55 72 24.19 17.41 29.86 TOTAL DP2 17.41 29.86 Refer t o A pp end ix A for a summ ary of ex isting drainage bas i n calc ulations. 4.0 DEVELOPED DRAINAGE CONDITION AND FEATURES 4.1 Developed Site Th e proposed drainage co n cept for the e ntire project in cl udes pla nned drainage fac il ities to manage stormwater runoff fro m the si t e. A comb ination of drainage swales and a storm drain network is propose d to route runoff from the roadways, parking ar eas and buil d i ng roofs to one d etention area. Runoff from t he paved areas will drain to dra i nage swa les which drain to the d et ention area in the west ern po rtion of the site. Curve numbe r s were ass igned to each basin based on th e a nticipated deve loped land use, being conservative and ass u m ing t h at t he entire fl oor, ex clu sive of the drainage swa l es and detention pond, will be impervious. Th e m inimum time of co nce ntrat ion fo r th e d eveloped sub bas ins was assumed to be 10 minutes. Th e developed site i s designed t o detai n t he entire 10O- year, 24-hour storm as the wate r cannot physical ly leave the site. Refer to Exhibit-2: Post Development Drainage Plan for a m ap that illustrates th e d el i neation of eac h of these developed sub-basins. A tota l of 5 drainage basin s from development occur and co ntribute to one of the two design points. To simp lify t h e description of the developed basins, the de script ions are per d es ign point, each of which includ es se veral proposed bas i ns. The developed ba si ns and des ign points ar e show n on Exh i bit 2 and are f urthe r described be low. 502 Main Street• Suit e A3 • Carbo nd al e, CO 81623 • (970) 704-03 11 • Fax (970) 704-03 13 SOPRIS ENGINEERING • LLC c i vi l consultants I Master Drainage Study-Powers Pit Concrete Batch Plant -SE Project No. 11016 Page5 June 24 , 2011 DESIGN POINT 1: Developed Basin 1 contributes flows to this design point. ► Develop ed Basin 1 is the westernmost drainage and conta i ns 2 acres. There is no proposed d eve lopment with in this bas in, therefore no detention is proposed w ithin this bas in and no sto rm infrastructure i s proposed with in the bas in . It will continue to flow to the drainage facilities w ithin Hwy 82. DESIGN POINT 2: Developed Basin 2-5 contribute flows to this design point. ► Developed Bas ins 2-5 encompass the remaind er of th e project site and cons ist of a total of 60.55 acres. We have assumed that the entire floor, exclusive of the drainage swales and detention pond, w ill be im pe rvious as we do not have a development plan at thi s t ime. We have not proposed any sto rmwater infrastructure at this time and in stea d, propose that any confined drainage wil l in fi ltrate. However, the detention pond on the western portion of the project site has bee n designed to, at so me point, accept and detai n all o n-s ite dra inage . Table B summarizes the deve l oped onsite sub basin data and ca lculations for the 25 and 100-year storm eve nts. Append ix A contains supporting ca lcul ations for the developed on site basins. TABLE B: DEVELOPED DRAINAGE SUMMARY TIME OF POST 25 YEAR BAS I N DES IGN AREA WEIGHTED CONCENTRATION PEAK RUNOFF POST 100 YR PEAK ID POINT (acres) CN (min) (cfs) RUNOFF (cfs) P1 DP1 2 69 0:10:00 0.56 1.05 TOTAL DP1 0.56 1.05 P2 DP2 43.62 77 0:22:01 23.08 34.21 P3 DP2 6.9 86 0:10:00 9.67 12.75 P4 DP3 9.73 84 0:10:00 11.57 15 .71 P5 DP4 0 .3 98 0:10:00 0.73 0 .87 TOTAL DP2 45.05 63.54 4.2 Stormwater Detention Garfield Coun t y r eq uires that the r ate of run off from the developed site shall not exceed the pre-development runoff rate of run off for t he 25-eyear storm event. However, as i s noted in section 4.1 above, d ue to the existin g terrain, water cannot physically leave the site, it has therefore been desi gned to deta in the entire 100-year storm. T he peak runoffs for the ex ist ing and developed storms were com pared using the SCS hydrograph method to determi ne th e required storage vo lu me . Using the Storm Net program, a required vo lume for t he deve loped drainage sub areas was ca lcu l ated and was us ed to size the proposed detention pond to ensure that the existing 210,000 CF detention pond is sufficient. As is menti oned above, the site was des igned based upon two de sign points, wh ich are the exi st i ng "release" poi nts of the site. On ly one of t he two design points, design poi nt 2, is required to have detention assoc iated with it. A summary of the required detention volume for de sign point 2 and the attenuated peak flow leavin g th e site is included i n Tab le C below. 502 Main Street• Suite A3 • Carbonda l e, CO 8 16 23 • (970) 704-031 1 • Fax (970) 704-0313 SOPRIS ENGINEERING • llC civil cons ultant s I Master Drainage Study-Powers Pit Concrete Batch Plant -SE Project No. 11016 Page6 June 24, 2011 TABLE C: REQUIRED STORMWATER DETENTION SUMMARY EX 100 POST 100 YEAR PEAK YEAR PEAK Q REQUIRED PROVIDED POND DESIGN POND EX RUN OFF DEVELOPED RUNOFF o ut STORAGE S TORAGE DEPTH PO INT # # BASINS (c fs ) BASINS (cfs ) (cfs) VOLU ME (CF ) VOLUME (CF ) (FT) 2 1 2 29 .86 2 -5 63.54 0 206,000 210,000.00 12 5.0 ANALYSIS METHODS AND ASSUMPTIONS T he peak run off r at es fo r t h e b as ins we r e an alyzed for t he 25 year and t he 100 yea r storm us in g t he So il Co nservat ion Serv ice (SCS ) TR-55 m ethod. Al l calc ul atio ns an d analys i s were acco m plished usi ng Sto rm Net so f twa r e. 5.1 Rainfall As state d abov e, t he SCS Type II Distri b ut i o n is ap plicab le to t hi s regi on . Two design storms we re utilized: 25- year/24 -ho ur and t he 100-year/24-hour sto rms. Precip itatio n da t a for the site was t ake n from t h e NOAA atlas rai nfa ll maps for Co lo rado . 5.2 Time of Concentration Ti me of Co nce nt ratio n ca l cul at ion s wer e p er form ed using the TR-55 m et ho d. Hyd ra uli c routi ng of su b bas ins was ca l cu la t ed u sing hy d ro d y nami c li nk r o ut ing. A mini mum tim e of co nce ntratio n fo r th e o n-s ite dra inage of 10- minutes was utilize d. 5.3 Runoff Curve Number Dr ai nage bas in so il inform atio n was obt ain ed fro m t he Natural Resou r ce Co nservatio n Se rvice (N RCS) so il survey to deter m i ne the curve number . The t wo maj or de t ermin ants of t he curve numbe r (CN) are hyd ro log ic so il group and cover type. Th e soi l s o n site are cl ass ifie d as t ype "B" and type "D" w hil e t he c urve num be r s vary from 69 to 98, w ith t he hi ghe r c urve numbers bein g th e l east perm eab le. 6.0 DRAINAGE FACILITY MAINTENANCE Sto r mwater ma in tenance t as ks w i ll in clud e chec ki ng and clean ing o ut culverts, inl ets and out l et stru ct ures of any d ebris or se diment acc umula t ion as we ll as m ainta ini ng any vegetatio n i n roads i de swales . The detentio n pond shall be m o nitored fo r any se dim ent loa ding w ithin th e po nds t he mselves as well as th e out let structures . M ainte nance o f su rr ounding lan dsca p i ng/vegetati on m ay al so be r equired af ter m ajor st orm eve nts. Fin al co n st r u ctio n stages of w ork mu st fo ll ow a compl et e landscaping and groun d cove rin g t ask to perm anently re- v egetat e and cove r bare gro unds t hat w ill r em ai n open space t o avo id lo ng-term so il erosio n. Thi s effo rt w il l r ed uce th e risk of un necessary cl ogg ing and fa i lu re o f the drain age system . 7.0 SUMMARY Th e res ults fro m this d ra i nage study suggest th at no long-term, adverse im pac t s t o d rainage ar e anti cipate d wit h t he deve l opme nt of t h e Powers Pit . Altho ugh o n site peak r ates will i ncrease w it h developm ent , r unoff fro m t h e d r ain age b as in s w i l l dra in t o t he d etention areas and d rywe ll s via a storm d r ain distributi o n sys t em and will be rel eased at p re-deve lopm en t rates . Detenti o n i s prov id ed for t he ant icipated storm wa t er vo l um e incr ease u pon developme nt. 502 Ma i n St reet• Su i te A3 • Carbo nda l e, CO 81623 • (970 ) 704-03 11 • Fax (970) 704-03 13 SOPRIS ENGINEERING • llC c i vi l consu ltants !""#$%&'!!! 11016-pre-25.txt BOSS International StormNET® - Version 4.19.3 (Build 221) -------------------------------------------------------------- **************** Analysis Options **************** Flow Units ................ cfs Subbasin Hydrograph Method. SCS TR-55 Time of Concentration...... SCS TR-55 Pond Exfiltration.......... None Starting Date ............. MAY-11-2011 00:00:00 Ending Date ............... MAY-12-2011 00:06:00 Report Time Step .......... 00:05:00 ************* Element Count ************* Number of rain gages ...... 2 Number of subbasins ....... 2 Number of nodes ........... 2 Number of links ........... 0 **************** Raingage Summary **************** Gage Data Data Interval ID Source Type hours ------------------------------------------------------------ 100-year 100-YEAR CUMULATIVE 0.10 25-year 25-YEAR CUMULATIVE 0.10 **************** Subbasin Summary **************** Subbasin Total Area ID acres ------------------------------ EX-1 2.00 EX-2 60.55 ************ Node Summary ************ Node Element Invert Maximum Ponded External ID Type Elevation Elev. Area Inflow ft ft ft! ------------------------------------------------------------------------------ Out-1 OUTFALL 0.00 0.00 0.00 Out-2 OUTFALL 0.00 0.00 0.00 ************************** Volume Depth Runoff Quantity Continuity acre-ft inches ************************** --------- ------- Total Precipitation ...... 11.620 2.229 Surface Runoff ........... 0.195 0.037 Page 1 11016-pre-25.txt Continuity Error (%) ..... -0.000 ************************** Volume Volume Flow Routing Continuity acre-ft Mgallons ************************** --------- --------- External Inflow .......... 0.000 0.000 External Outflow ......... 1.953 0.637 Initial Stored Volume .... 0.000 0.000 Final Stored Volume ...... 0.000 0.000 Continuity Error (%) ..... 0.000 ****************************************** Composite Curve Number Computations Report ****************************************** -------------- Subbasin EX-1 -------------- Area Soil Soil/Surface Description (acres) Group CN ------------------------------------------------------------------------------------ ---- Pasture, grassland, or range, Fair 2.00 B 69.00 Composite Area & Weighted CN 2.00 69.00 -------------- Subbasin EX-2 -------------- Area Soil Soil/Surface Description (acres) Group CN ------------------------------------------------------------------------------------ ---- - 60.55 - 72.00 Composite Area & Weighted CN 60.55 72.00 *************************************************** SCS TR-55 Time of Concentration Computations Report *************************************************** Sheet Flow Equation ------------------- Tc = (0.007 * ((n * Lf)^0.8)) / ((P^0.5) * (Sf^0.4)) Where: Tc = Time of Concentration (hrs) n = Manning's Roughness Lf = Flow Length (ft) P = 2 yr, 24 hr Rainfall (inches) Sf = Slope (ft/ft) Page 2 11016-pre-25.txt Shallow Concentrated Flow Equation ---------------------------------- V = 16.1345 * (Sf^0.5) (unpaved surface) V = 20.3282 * (Sf^0.5) (paved surface) V = 15.0 * (Sf^0.5) (grassed waterway surface) V = 10.0 * (Sf^0.5) (nearly bare & untilled surface) V = 9.0 * (Sf^0.5) (cultivated straight rows surface) V = 7.0 * (Sf^0.5) (short grass pasture surface) V = 5.0 * (Sf^0.5) (woodland surface) V = 2.5 * (Sf^0.5) (forest w/heavy litter surface) Tc = (Lf / V) / (3600 sec/hr) Where: Tc = Time of Concentration (hrs) Lf = Flow Length (ft) V = Velocity (ft/sec) Sf = Slope (ft/ft) Channel Flow Equation --------------------- V = (1.49 * (R^(2/3)) * (Sf^0.5)) / n R = Aq / Wp Tc = (Lf / V) / (3600 sec/hr) Where: Tc = Time of Concentration (hrs) Lf = Flow Length (ft) R = Hydraulic Radius (ft) Aq = Flow Area (ft!) Wp = Wetted Perimeter (ft) V = Velocity (ft/sec) Sf = Slope (ft/ft) n = Manning's Roughness -------------- Subbasin EX-1 -------------- User-Defined TOC override (minutes): 10.00 -------------- Subbasin EX-2 -------------- Sheet Flow Computations ----------------------- Flowpath A Flowpath B Flowpath C Manning's Roughness: 0.15 0.00 0.00 Flow Length (ft): 211.00 0.00 0.00 Slope (%): 9.00 0.00 0.00 2 yr, 24 hr Rainfall (in): 1.20 1.20 1.20 Velocity (ft/sec): 0.22 0.00 0.00 Computed Flow Time (minutes): 15.93 0.00 Page 3 11016-pre-25.txt 0.00 Shallow Concentrated Flow Computations -------------------------------------- Flowpath A Flowpath B Flowpath C Flow Length (ft): 504.00 0.00 0.00 Slope (%): 25.00 0.00 0.00 Surface Type: Grass pasture Unpaved Unpaved Velocity (ft/sec): 3.50 0.00 0.00 Computed Flow Time (minutes): 2.40 0.00 0.00 Channel Flow Computations ------------------------- Flowpath A Flowpath B Flowpath C Manning's Roughness: 0.03 0.00 0.00 Flow Length (ft): 2187.00 0.00 0.00 Channel Slope (%): 2.00 0.00 0.00 Cross Section Area (ft!): 5.00 0.00 0.00 Wetted Perimeter (ft): 6.00 0.00 0.00 Velocity (ft/sec): 6.22 0.00 0.00 Computed Flow Time (minutes): 5.86 0.00 0.00 ==================================================================================== ============ Total TOC (minutes): 24.19 ==================================================================================== ============ *********************** Subbasin Runoff Summary *********************** -------------------------------------------------------------------------- Subbasin Total Total Peak Weighted Time of ID Precip Runoff Runoff Curve Concentration in in cfs Number days hh:mm:ss -------------------------------------------------------------------------- EX-1 2.200 0.292 0.560 69.000 0 00:10:00 EX-2 2.200 0.381 17.410 72.000 0 00:24:11 -------------------------------------------------------------------------- System 2.200 0.378 17.97 Analysis begun on: Tue Jun 28 10:11:11 2011 Analysis ended on: Tue Jun 28 10:11:14 2011 Total elapsed time: 00:00:03 Page 4 11016-pre-100.txt BOSS International StormNET® - Version 4.19.3 (Build 221) -------------------------------------------------------------- **************** Analysis Options **************** Flow Units ................ cfs Subbasin Hydrograph Method. SCS TR-55 Time of Concentration...... SCS TR-55 Pond Exfiltration.......... None Starting Date ............. MAY-11-2011 00:00:00 Ending Date ............... MAY-12-2011 00:06:00 Report Time Step .......... 00:05:00 ************* Element Count ************* Number of rain gages ...... 2 Number of subbasins ....... 2 Number of nodes ........... 2 Number of links ........... 0 **************** Raingage Summary **************** Gage Data Data Interval ID Source Type hours ------------------------------------------------------------ 100-year 100-YEAR CUMULATIVE 0.10 25-year 25-YEAR CUMULATIVE 0.10 **************** Subbasin Summary **************** Subbasin Total Area ID acres ------------------------------ EX-1 2.00 EX-2 60.55 ************ Node Summary ************ Node Element Invert Maximum Ponded External ID Type Elevation Elev. Area Inflow ft ft ft! ------------------------------------------------------------------------------ Out-1 OUTFALL 0.00 0.00 0.00 Out-2 OUTFALL 0.00 0.00 0.00 ************************** Volume Depth Runoff Quantity Continuity acre-ft inches ************************** --------- ------- Total Precipitation ...... 13.732 2.634 Surface Runoff ........... 0.299 0.057 Page 1 11016-pre-100.txt Continuity Error (%) ..... -0.000 ************************** Volume Volume Flow Routing Continuity acre-ft Mgallons ************************** --------- --------- External Inflow .......... 0.000 0.000 External Outflow ......... 2.989 0.974 Initial Stored Volume .... 0.000 0.000 Final Stored Volume ...... 0.000 0.000 Continuity Error (%) ..... 0.000 ****************************************** Composite Curve Number Computations Report ****************************************** -------------- Subbasin EX-1 -------------- Area Soil Soil/Surface Description (acres) Group CN ------------------------------------------------------------------------------------ ---- Pasture, grassland, or range, Fair 2.00 B 69.00 Composite Area & Weighted CN 2.00 69.00 -------------- Subbasin EX-2 -------------- Area Soil Soil/Surface Description (acres) Group CN ------------------------------------------------------------------------------------ ---- - 60.55 - 72.00 Composite Area & Weighted CN 60.55 72.00 *************************************************** SCS TR-55 Time of Concentration Computations Report *************************************************** Sheet Flow Equation ------------------- Tc = (0.007 * ((n * Lf)^0.8)) / ((P^0.5) * (Sf^0.4)) Where: Tc = Time of Concentration (hrs) n = Manning's Roughness Lf = Flow Length (ft) P = 2 yr, 24 hr Rainfall (inches) Sf = Slope (ft/ft) Page 2 11016-pre-100.txt Shallow Concentrated Flow Equation ---------------------------------- V = 16.1345 * (Sf^0.5) (unpaved surface) V = 20.3282 * (Sf^0.5) (paved surface) V = 15.0 * (Sf^0.5) (grassed waterway surface) V = 10.0 * (Sf^0.5) (nearly bare & untilled surface) V = 9.0 * (Sf^0.5) (cultivated straight rows surface) V = 7.0 * (Sf^0.5) (short grass pasture surface) V = 5.0 * (Sf^0.5) (woodland surface) V = 2.5 * (Sf^0.5) (forest w/heavy litter surface) Tc = (Lf / V) / (3600 sec/hr) Where: Tc = Time of Concentration (hrs) Lf = Flow Length (ft) V = Velocity (ft/sec) Sf = Slope (ft/ft) Channel Flow Equation --------------------- V = (1.49 * (R^(2/3)) * (Sf^0.5)) / n R = Aq / Wp Tc = (Lf / V) / (3600 sec/hr) Where: Tc = Time of Concentration (hrs) Lf = Flow Length (ft) R = Hydraulic Radius (ft) Aq = Flow Area (ft!) Wp = Wetted Perimeter (ft) V = Velocity (ft/sec) Sf = Slope (ft/ft) n = Manning's Roughness -------------- Subbasin EX-1 -------------- User-Defined TOC override (minutes): 10.00 -------------- Subbasin EX-2 -------------- Sheet Flow Computations ----------------------- Flowpath A Flowpath B Flowpath C Manning's Roughness: 0.15 0.00 0.00 Flow Length (ft): 211.00 0.00 0.00 Slope (%): 9.00 0.00 0.00 2 yr, 24 hr Rainfall (in): 1.20 1.20 1.20 Velocity (ft/sec): 0.22 0.00 0.00 Computed Flow Time (minutes): 15.93 0.00 Page 3 11016-pre-100.txt 0.00 Shallow Concentrated Flow Computations -------------------------------------- Flowpath A Flowpath B Flowpath C Flow Length (ft): 504.00 0.00 0.00 Slope (%): 25.00 0.00 0.00 Surface Type: Grass pasture Unpaved Unpaved Velocity (ft/sec): 3.50 0.00 0.00 Computed Flow Time (minutes): 2.40 0.00 0.00 Channel Flow Computations ------------------------- Flowpath A Flowpath B Flowpath C Manning's Roughness: 0.03 0.00 0.00 Flow Length (ft): 2187.00 0.00 0.00 Channel Slope (%): 2.00 0.00 0.00 Cross Section Area (ft!): 5.00 0.00 0.00 Wetted Perimeter (ft): 6.00 0.00 0.00 Velocity (ft/sec): 6.22 0.00 0.00 Computed Flow Time (minutes): 5.86 0.00 0.00 ==================================================================================== ============ Total TOC (minutes): 24.19 ==================================================================================== ============ *********************** Subbasin Runoff Summary *********************** -------------------------------------------------------------------------- Subbasin Total Total Peak Weighted Time of ID Precip Runoff Runoff Curve Concentration in in cfs Number days hh:mm:ss -------------------------------------------------------------------------- EX-1 2.600 0.467 1.050 69.000 0 00:10:00 EX-2 2.600 0.581 29.860 72.000 0 00:24:11 -------------------------------------------------------------------------- System 2.600 0.577 30.91 Analysis begun on: Tue Jun 28 10:13:24 2011 Analysis ended on: Tue Jun 28 10:13:27 2011 Total elapsed time: 00:00:03 Page 4 11016-post-25.txt BOSS International StormNET® - Version 4.19.3 (Build 221) -------------------------------------------------------------- **************** Analysis Options **************** Flow Units ................ cfs Subbasin Hydrograph Method. SCS TR-55 Time of Concentration...... SCS TR-55 Link Routing Method ....... Hydrodynamic Pond Exfiltration.......... None Starting Date ............. MAY-11-2011 00:00:00 Ending Date ............... MAY-12-2011 00:06:00 Report Time Step .......... 00:05:00 ************* Element Count ************* Number of rain gages ...... 2 Number of subbasins ....... 5 Number of nodes ........... 4 Number of links ........... 3 **************** Raingage Summary **************** Gage Data Data Interval ID Source Type hours ------------------------------------------------------------ 100-YEAR 100-YEAR CUMULATIVE 0.10 25-year 25-year CUMULATIVE 0.10 **************** Subbasin Summary **************** Subbasin Total Area ID acres ------------------------------ P-1 2.00 P-2 43.62 P-3 6.90 P-4 9.73 P-5 0.30 ************ Node Summary ************ Node Element Invert Maximum Ponded External ID Type Elevation Elev. Area Inflow ft ft ft! ------------------------------------------------------------------------------ Jun-4 JUNCTION 6179.50 6183.00 0.00 Out-1 OUTFALL 6200.00 6200.00 0.00 Out-3 OUTFALL 6179.00 6180.50 0.00 Jun-1 STORAGE 6180.00 6186.00 0.00 Page 1 11016-post-25.txt ************ Link Summary ************ Link From Node To Node Element Length Slope Manning's ID Type ft % Roughness ------------------------------------------------------------------------------------ -------- Con-1 Jun-1 Jun-4 CONDUIT 135.1 4.8175 0.0150 Con-4 Jun-4 Out-3 CONDUIT 66.6 0.7512 0.0150 Reg-1 Jun-1 Jun-4 ORIFICE ********************* Cross Section Summary ********************* Link Shape Depth/ Width No. of Cross Full Flow Design ID Diameter Barrels Sectional Hydraulic Flow Area Radius Capacity ft ft ft! ft cfs ------------------------------------------------------------------------------------ ---------------------- Con-1 CIRCULAR 1.50 1.50 1 1.77 0.38 19.98 Con-4 CIRCULAR 1.50 1.50 1 1.77 0.38 7.89 ************************** Volume Depth Runoff Quantity Continuity acre-ft inches ************************** --------- ------- Total Precipitation ...... 11.620 2.229 Surface Runoff ........... 0.345 0.066 Continuity Error (%) ..... -0.000 ************************** Volume Volume Flow Routing Continuity acre-ft Mgallons ************************** --------- --------- External Inflow .......... 0.000 0.000 External Outflow ......... 3.360 1.095 Initial Stored Volume .... 0.000 0.000 Final Stored Volume ...... 0.088 0.029 Continuity Error (%) ..... 0.001 ****************************************** Composite Curve Number Computations Report ****************************************** -------------- Subbasin P-1 -------------- Page 2 11016-post-25.txt Area Soil Soil/Surface Description (acres) Group CN ------------------------------------------------------------------------------------ ---- Pasture, grassland, or range, Fair 2.00 B 69.00 Composite Area & Weighted CN 2.00 69.00 -------------- Subbasin P-2 -------------- Area Soil Soil/Surface Description (acres) Group CN ------------------------------------------------------------------------------------ ---- - 12.57 - 98.00 - 31.05 - 69.00 Composite Area & Weighted CN 43.62 77.36 -------------- Subbasin P-3 -------------- Area Soil Soil/Surface Description (acres) Group CN ------------------------------------------------------------------------------------ ---- - 4.08 - 98.00 - 2.82 - 69.00 Composite Area & Weighted CN 6.90 86.15 -------------- Subbasin P-4 -------------- Area Soil Soil/Surface Description (acres) Group CN ------------------------------------------------------------------------------------ ---- - 4.89 - 98.00 - 4.84 - 69.00 Composite Area & Weighted CN 9.73 83.57 -------------- Subbasin P-5 -------------- Area Soil Page 3 11016-post-25.txt Soil/Surface Description (acres) Group CN ------------------------------------------------------------------------------------ ---- - 0.30 - 98.00 Composite Area & Weighted CN 0.30 98.00 *************************************************** SCS TR-55 Time of Concentration Computations Report *************************************************** Sheet Flow Equation ------------------- Tc = (0.007 * ((n * Lf)^0.8)) / ((P^0.5) * (Sf^0.4)) Where: Tc = Time of Concentration (hrs) n = Manning's Roughness Lf = Flow Length (ft) P = 2 yr, 24 hr Rainfall (inches) Sf = Slope (ft/ft) Shallow Concentrated Flow Equation ---------------------------------- V = 16.1345 * (Sf^0.5) (unpaved surface) V = 20.3282 * (Sf^0.5) (paved surface) V = 15.0 * (Sf^0.5) (grassed waterway surface) V = 10.0 * (Sf^0.5) (nearly bare & untilled surface) V = 9.0 * (Sf^0.5) (cultivated straight rows surface) V = 7.0 * (Sf^0.5) (short grass pasture surface) V = 5.0 * (Sf^0.5) (woodland surface) V = 2.5 * (Sf^0.5) (forest w/heavy litter surface) Tc = (Lf / V) / (3600 sec/hr) Where: Tc = Time of Concentration (hrs) Lf = Flow Length (ft) V = Velocity (ft/sec) Sf = Slope (ft/ft) Channel Flow Equation --------------------- V = (1.49 * (R^(2/3)) * (Sf^0.5)) / n R = Aq / Wp Tc = (Lf / V) / (3600 sec/hr) Where: Tc = Time of Concentration (hrs) Lf = Flow Length (ft) R = Hydraulic Radius (ft) Aq = Flow Area (ft!) Wp = Wetted Perimeter (ft) V = Velocity (ft/sec) Page 4 11016-post-25.txt Sf = Slope (ft/ft) n = Manning's Roughness -------------- Subbasin P-1 -------------- User-Defined TOC override (minutes): 10.00 -------------- Subbasin P-2 -------------- Sheet Flow Computations ----------------------- Subarea A Subarea B Subarea C Manning's Roughness: 0.15 0.00 0.00 Flow Length (ft): 211.00 0.00 0.00 Slope (%): 9.00 0.00 0.00 2 yr, 24 hr Rainfall (in): 1.20 1.20 1.20 Velocity (ft/sec): 0.22 0.00 0.00 Computed Flow Time (minutes): 15.93 0.00 0.00 Shallow Concentrated Flow Computations -------------------------------------- Subarea A Subarea B Subarea C Flow Length (ft): 504.00 0.00 0.00 Slope (%): 25.00 0.00 0.00 Surface Type: Grass pasture Unpaved Unpaved Velocity (ft/sec): 3.50 0.00 0.00 Computed Flow Time (minutes): 2.40 0.00 0.00 Channel Flow Computations ------------------------- Subarea A Subarea B Subarea C Manning's Roughness: 0.03 0.00 0.00 Flow Length (ft): 1686.00 0.00 0.00 Channel Slope (%): 3.00 0.00 0.00 Cross Section Area (ft!): 5.00 0.00 0.00 Wetted Perimeter (ft): 6.00 0.00 0.00 Velocity (ft/sec): 7.62 0.00 0.00 Computed Flow Time (minutes): 3.69 0.00 0.00 Page 5 11016-post-25.txt ==================================================================================== ============ Total TOC (minutes): 22.02 ==================================================================================== ============ -------------- Subbasin P-3 -------------- User-Defined TOC override (minutes): 10.00 -------------- Subbasin P-4 -------------- User-Defined TOC override (minutes): 10.00 -------------- Subbasin P-5 -------------- User-Defined TOC override (minutes): 10.00 *********************** Subbasin Runoff Summary *********************** -------------------------------------------------------------------------- Subbasin Total Total Peak Weighted Time of ID Precip Runoff Runoff Curve Concentration in in cfs Number days hh:mm:ss -------------------------------------------------------------------------- P-1 2.200 0.292 0.56 69.000 0 00:10:00 P-2 2.200 0.574 23.08 77.360 0 00:22:01 P-3 2.200 1.012 9.670 86.150 0 00:10:00 P-4 2.200 0.865 11.570 83.570 0 00:10:00 P-5 2.200 1.972 0.730 98.000 0 00:10:00 -------------------------------------------------------------------------- System 2.200 0.665 45.61 ****************** Node Depth Summary ****************** ------------------------------------------------------------------------------------ ----- Node Average Maximum Maximum Time of Max Total Total Retention ID Depth Depth HGL Occurrence Flooded Time Time Attained Attained Attained Volume Flooded ft ft ft days hh:mm acre-in minutes hh:mm:ss ------------------------------------------------------------------------------------ ----- Page 6 11016-post-25.txt Jun-4 0.55 2.59 6182.09 0 12:35 0 0 0:00:00 Out-1 0.00 0.00 6200.00 0 00:00 0 0 0:00:00 Out-3 0.47 1.50 6180.50 0 12:07 0 0 0:00:00 Jun-1 0.61 3.69 6183.69 0 12:35 0 0 0:00:00 ***************** Node Flow Summary ***************** ------------------------------------------------------------------------------------ Node Element Maximum Peak Time of Maximum Time of Peak ID Type Lateral Inflow Peak Inflow Flooding Flooding Inflow Occurrence Overflow Occurrence cfs cfs days hh:mm cfs days hh:mm ------------------------------------------------------------------------------------ Jun-4 JUNCTION 0.00 11.05 0 12:34 0.00 Out-1 OUTFALL 0.56 0.56 0 12:09 0.00 Out-3 OUTFALL 0.00 11.04 0 12:36 0.00 Jun-1 STORAGE 39.71 39.71 0 12:10 0.00 ********************** Detention Pond Summary ********************** ------------------------------------------------------------------------------------ --------------------------------------------- Detention Pond ID Maximum Maximum Time of Max Average Average Maximum Maximum Time of Max. Total Ponded Ponded Ponded Ponded Ponded Pond Exfiltration Exfiltration Exfiltrated Volume Volume Volume Volume Volume Outflow Rate Rate Volume 1000 ft! (%) days hh:mm 1000 ft! (%) cfs cfm hh:mm:ss 1000 ft! ------------------------------------------------------------------------------------ --------------------------------------------- Jun-1 45.000 54 0 12:35 6.405 8 11.05 0.00 0:00:00 0.000 *********************** Outfall Loading Summary *********************** ----------------------------------------------- Outfall Node ID Flow Average Peak Frequency Flow Inflow (%) cfs cfs ----------------------------------------------- Page 7 11016-post-25.txt Out-1 78.83 0.04 0.56 Out-3 90.13 2.35 11.04 ----------------------------------------------- System 84.48 2.40 11.17 ***************** Link Flow Summary ***************** ------------------------------------------------------------------------------------ -------------------------------- Link ID Element Time of Maximum Length Peak Flow Design Ratio of Ratio of Total Type Peak Flow Velocity Factor during Flow Maximum Maximum Time Occurrence Attained Analysis Capacity /Design Flow Surcharged days hh:mm ft/sec cfs cfs Flow Depth Minutes ------------------------------------------------------------------------------------ -------------------------------- Con-1 CONDUIT 0 00:00 0.00 1.00 0.00 19.98 0.00 0.50 0 Con-4 CONDUIT 0 12:36 6.25 1.00 11.04 7.89 1.40 1.00 115 Reg-1 ORIFICE 0 12:34 11.05 1.00 Analysis begun on: Tue Jun 28 10:18:50 2011 Analysis ended on: Tue Jun 28 10:18:53 2011 Total elapsed time: 00:00:03 Page 8 11016-post-100.txt BOSS International StormNET® - Version 4.19.3 (Build 221) -------------------------------------------------------------- **************** Analysis Options **************** Flow Units ................ cfs Subbasin Hydrograph Method. SCS TR-55 Time of Concentration...... SCS TR-55 Link Routing Method ....... Hydrodynamic Pond Exfiltration.......... None Starting Date ............. MAY-11-2011 00:00:00 Ending Date ............... MAY-12-2011 00:06:00 Report Time Step .......... 00:05:00 ************* Element Count ************* Number of rain gages ...... 2 Number of subbasins ....... 5 Number of nodes ........... 4 Number of links ........... 3 **************** Raingage Summary **************** Gage Data Data Interval ID Source Type hours ------------------------------------------------------------ 100-YEAR 100-YEAR CUMULATIVE 0.10 25-year 25-year CUMULATIVE 0.10 **************** Subbasin Summary **************** Subbasin Total Area ID acres ------------------------------ P-1 2.00 P-2 43.62 P-3 6.90 P-4 9.73 P-5 0.30 ************ Node Summary ************ Node Element Invert Maximum Ponded External ID Type Elevation Elev. Area Inflow ft ft ft! ------------------------------------------------------------------------------ Jun-4 JUNCTION 6179.50 6183.00 0.00 Out-1 OUTFALL 6200.00 6200.00 0.00 Out-3 OUTFALL 6179.00 6180.50 0.00 Jun-1 STORAGE 6180.00 6186.00 0.00 Page 1 11016-post-100.txt ************ Link Summary ************ Link From Node To Node Element Length Slope Manning's ID Type ft % Roughness ------------------------------------------------------------------------------------ -------- Con-1 Jun-1 Jun-4 CONDUIT 135.1 4.8175 0.0150 Con-4 Jun-4 Out-3 CONDUIT 66.6 0.7512 0.0150 Reg-1 Jun-1 Jun-4 ORIFICE ********************* Cross Section Summary ********************* Link Shape Depth/ Width No. of Cross Full Flow Design ID Diameter Barrels Sectional Hydraulic Flow Area Radius Capacity ft ft ft! ft cfs ------------------------------------------------------------------------------------ ---------------------- Con-1 CIRCULAR 1.50 1.50 1 1.77 0.38 19.98 Con-4 CIRCULAR 1.50 1.50 1 1.77 0.38 7.89 ************************** Volume Depth Runoff Quantity Continuity acre-ft inches ************************** --------- ------- Total Precipitation ...... 13.732 2.634 Surface Runoff ........... 0.482 0.092 Continuity Error (%) ..... -0.000 ************************** Volume Volume Flow Routing Continuity acre-ft Mgallons ************************** --------- --------- External Inflow .......... 0.000 0.000 External Outflow ......... 4.706 1.533 Initial Stored Volume .... 0.000 0.000 Final Stored Volume ...... 0.104 0.034 Continuity Error (%) ..... 0.001 ****************************************** Composite Curve Number Computations Report ****************************************** -------------- Subbasin P-1 -------------- Page 2 11016-post-100.txt Area Soil Soil/Surface Description (acres) Group CN ------------------------------------------------------------------------------------ ---- Pasture, grassland, or range, Fair 2.00 B 69.00 Composite Area & Weighted CN 2.00 69.00 -------------- Subbasin P-2 -------------- Area Soil Soil/Surface Description (acres) Group CN ------------------------------------------------------------------------------------ ---- - 12.57 - 98.00 - 31.05 - 69.00 Composite Area & Weighted CN 43.62 77.36 -------------- Subbasin P-3 -------------- Area Soil Soil/Surface Description (acres) Group CN ------------------------------------------------------------------------------------ ---- - 4.08 - 98.00 - 2.82 - 69.00 Composite Area & Weighted CN 6.90 86.15 -------------- Subbasin P-4 -------------- Area Soil Soil/Surface Description (acres) Group CN ------------------------------------------------------------------------------------ ---- - 4.89 - 98.00 - 4.84 - 69.00 Composite Area & Weighted CN 9.73 83.57 -------------- Subbasin P-5 -------------- Area Soil Page 3 11016-post-100.txt Soil/Surface Description (acres) Group CN ------------------------------------------------------------------------------------ ---- - 0.30 - 98.00 Composite Area & Weighted CN 0.30 98.00 *************************************************** SCS TR-55 Time of Concentration Computations Report *************************************************** Sheet Flow Equation ------------------- Tc = (0.007 * ((n * Lf)^0.8)) / ((P^0.5) * (Sf^0.4)) Where: Tc = Time of Concentration (hrs) n = Manning's Roughness Lf = Flow Length (ft) P = 2 yr, 24 hr Rainfall (inches) Sf = Slope (ft/ft) Shallow Concentrated Flow Equation ---------------------------------- V = 16.1345 * (Sf^0.5) (unpaved surface) V = 20.3282 * (Sf^0.5) (paved surface) V = 15.0 * (Sf^0.5) (grassed waterway surface) V = 10.0 * (Sf^0.5) (nearly bare & untilled surface) V = 9.0 * (Sf^0.5) (cultivated straight rows surface) V = 7.0 * (Sf^0.5) (short grass pasture surface) V = 5.0 * (Sf^0.5) (woodland surface) V = 2.5 * (Sf^0.5) (forest w/heavy litter surface) Tc = (Lf / V) / (3600 sec/hr) Where: Tc = Time of Concentration (hrs) Lf = Flow Length (ft) V = Velocity (ft/sec) Sf = Slope (ft/ft) Channel Flow Equation --------------------- V = (1.49 * (R^(2/3)) * (Sf^0.5)) / n R = Aq / Wp Tc = (Lf / V) / (3600 sec/hr) Where: Tc = Time of Concentration (hrs) Lf = Flow Length (ft) R = Hydraulic Radius (ft) Aq = Flow Area (ft!) Wp = Wetted Perimeter (ft) V = Velocity (ft/sec) Page 4 11016-post-100.txt Sf = Slope (ft/ft) n = Manning's Roughness -------------- Subbasin P-1 -------------- User-Defined TOC override (minutes): 10.00 -------------- Subbasin P-2 -------------- Sheet Flow Computations ----------------------- Subarea A Subarea B Subarea C Manning's Roughness: 0.15 0.00 0.00 Flow Length (ft): 211.00 0.00 0.00 Slope (%): 9.00 0.00 0.00 2 yr, 24 hr Rainfall (in): 1.20 1.20 1.20 Velocity (ft/sec): 0.22 0.00 0.00 Computed Flow Time (minutes): 15.93 0.00 0.00 Shallow Concentrated Flow Computations -------------------------------------- Subarea A Subarea B Subarea C Flow Length (ft): 504.00 0.00 0.00 Slope (%): 25.00 0.00 0.00 Surface Type: Grass pasture Unpaved Unpaved Velocity (ft/sec): 3.50 0.00 0.00 Computed Flow Time (minutes): 2.40 0.00 0.00 Channel Flow Computations ------------------------- Subarea A Subarea B Subarea C Manning's Roughness: 0.03 0.00 0.00 Flow Length (ft): 1686.00 0.00 0.00 Channel Slope (%): 3.00 0.00 0.00 Cross Section Area (ft!): 5.00 0.00 0.00 Wetted Perimeter (ft): 6.00 0.00 0.00 Velocity (ft/sec): 7.62 0.00 0.00 Computed Flow Time (minutes): 3.69 0.00 0.00 Page 5 11016-post-100.txt ==================================================================================== ============ Total TOC (minutes): 22.02 ==================================================================================== ============ -------------- Subbasin P-3 -------------- User-Defined TOC override (minutes): 10.00 -------------- Subbasin P-4 -------------- User-Defined TOC override (minutes): 10.00 -------------- Subbasin P-5 -------------- User-Defined TOC override (minutes): 10.00 *********************** Subbasin Runoff Summary *********************** -------------------------------------------------------------------------- Subbasin Total Total Peak Weighted Time of ID Precip Runoff Runoff Curve Concentration in in cfs Number days hh:mm:ss -------------------------------------------------------------------------- P-1 2.600 0.467 1.120 69.000 0 00:10:00 P-2 2.600 0.821 34.210 77.360 0 00:22:01 P-3 2.600 1.336 12.750 86.150 0 00:10:00 P-4 2.600 1.167 15.710 83.570 0 00:10:00 P-5 2.600 2.369 0.870 98.000 0 00:10:00 -------------------------------------------------------------------------- System 2.600 0.928 58.10 ****************** Node Depth Summary ****************** ------------------------------------------------------------------------------------ ----- Node Average Maximum Maximum Time of Max Total Total Retention ID Depth Depth HGL Occurrence Flooded Time Time Attained Attained Attained Volume Flooded ft ft ft days hh:mm acre-in minutes hh:mm:ss ------------------------------------------------------------------------------------ ----- Page 6 11016-post-100.txt Jun-4 0.64 3.36 6182.86 0 12:38 0 0 0:00:00 Out-1 0.00 0.00 6200.00 0 00:00 0 0 0:00:00 Out-3 0.52 1.50 6180.50 0 12:02 0 0 0:00:00 Jun-1 0.75 5.26 6185.26 0 12:38 0 0 0:00:00 ***************** Node Flow Summary ***************** ------------------------------------------------------------------------------------ Node Element Maximum Peak Time of Maximum Time of Peak ID Type Lateral Inflow Peak Inflow Flooding Flooding Inflow Occurrence Overflow Occurrence cfs cfs days hh:mm cfs days hh:mm ------------------------------------------------------------------------------------ Jun-4 JUNCTION 0.00 13.48 0 12:37 0.00 Out-1 OUTFALL 1.05 1.05 0 12:05 0.00 Out-3 OUTFALL 0.00 13.48 0 12:39 0.00 Jun-1 STORAGE 56.96 56.96 0 12:10 0.00 ********************** Detention Pond Summary ********************** ------------------------------------------------------------------------------------ --------------------------------------------- Detention Pond ID Maximum Maximum Time of Max Average Average Maximum Maximum Time of Max. Total Ponded Ponded Ponded Ponded Ponded Pond Exfiltration Exfiltration Exfiltrated Volume Volume Volume Volume Volume Outflow Rate Rate Volume 1000 ft! (%) days hh:mm 1000 ft! (%) cfs cfm hh:mm:ss 1000 ft! ------------------------------------------------------------------------------------ --------------------------------------------- Jun-1 70.192 84 0 12:38 8.089 10 13.48 0.00 0:00:00 0.000 *********************** Outfall Loading Summary *********************** ----------------------------------------------- Outfall Node ID Flow Average Peak Frequency Flow Inflow (%) cfs cfs ----------------------------------------------- Page 7 11016-post-100.txt Out-1 77.77 0.06 1.05 Out-3 91.26 2.78 13.48 ----------------------------------------------- System 84.51 2.83 13.66 ***************** Link Flow Summary ***************** ------------------------------------------------------------------------------------ -------------------------------- Link ID Element Time of Maximum Length Peak Flow Design Ratio of Ratio of Total Type Peak Flow Velocity Factor during Flow Maximum Maximum Time Occurrence Attained Analysis Capacity /Design Flow Surcharged days hh:mm ft/sec cfs cfs Flow Depth Minutes ------------------------------------------------------------------------------------ -------------------------------- Con-1 CONDUIT 0 00:00 0.00 1.00 0.00 19.98 0.00 0.50 0 Con-4 CONDUIT 0 12:39 7.63 1.00 13.48 7.89 1.71 1.00 180 Reg-1 ORIFICE 0 12:37 13.48 1.00 Analysis begun on: Tue Jun 28 10:20:45 2011 Analysis ended on: Tue Jun 28 10:20:47 2011 Total elapsed time: 00:00:02 Page 8 I I I I I I I I I I I I ,-,. 'a g_: t:, "" Ul i;:i :,,: .., 0 52 ... - I I " . "' I I I I I '~-"" 8;:: .; POWERS PIT CONCRETE BATCH PLANT COM P PLAN AM ENDMENT GARFIELD COUNTY, COLORADO EXHIBIT 1: PRE-OEVELOPMENT DRAINAGE BASINS Hi n' 0 • ! iq qi ~ , , SoPRIS ENGINEERING. LLC.I f ICIV IL CONSULTANTS, 502MAINSTREET CARSONOALE, CO 81623 (970)7<M-0311 FAX:(970r704-0313 I / I; I I / ~ I I I I I I I I I I ;g ~ I "' 8 ~ I I ~-► ~ POWERS PIT CONCRETE BATCH PLANT COMP PLAN AMENDMENT GARFIELD COUNTY, COLORADO EXHIBIT 2: POST-DEVELOPMENT DRAINAGE BASINS 1, ~ I~ II ! 8 d I ;f-------------------f----+----------+-+-----l SoPRIS ENGINEERING, LLC.I '-¾?./i:\,,·,\;', 11 !CIVIL CONSULTANTS, 502 MAIN STREET CARBONDALE, 0081623 (970)704-03 11 FAX:(970)-704-0313 _I / I / I Storage Yard Application 2020   34 | Page      All Valley Storage Sample Lease   (attached)                                          Page 1 of 5 RENTAL AGREEMENT NOTICE: THIS AGREEEMENT IS A RENTAL AGREEMENT FOR A SELF-STORAGE PREMISES UNDER THE COLORADO SELF-SERVICE STORAGE FACILITY ACT. ANY PROPERTY STORED IN A SELF-SERVICE STORAGE FACILITY IS SUBJECT TO A LIEN IN FAVOR OF THE OWNER FOR RENT, LABOR, OR OTHER CHARGES PRESENT OR FUTURE IN RELATION TO THE PERSONAL PROPERTY AND FOR EXPENSES NECESSARY FOR ITS PRESERVATION OR EXPENSES REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITION. IF OCCUPANT DEFAULTS UNDER THIS RENTAL AGREEMENT, THE PROPERTY STORED IN THE PREMISES MAY BE SOLD TO SATISFY THE LIEN. THIS ACTION IS AUTHORIZED BY THE COLORADO SELF- SERVICE STORAGE FACILITY ACT, § 38-21.5-101 ET SEQ. TERMS AND CONDITIONS OF THIS RENTAL AGREEMENT:Date:____________________________ This agreement dated <Tenant.LeaseSignDate>, between <Tenant.Name> (hereinafter referred to as "TENANT") and <Site.Name> (hereinafter referred to as "MANAGEMENT"). MANAGEMENT does hereby rent to TENANT storage unit number <Tenant.UnitName> (<Tenant.UnitWidth> x <Tenant.UnitLength>) in a building located at <Site.StreetAddress1> <Site.StreetAddress2>, <Site.City>, <Site.Region> <Site.PostalCode> to be used as storage for personal or business property for the monthly rate of <Tenant.RentalRate> payable on the first (1st) day of each month hereinafter. Rental payment is payable in advance. MANAGEMENT acknowledges receipt of ____________ as per your receipt, including the first (1st) month's rent (which has been prorated to the first (1st) day of next month where applicable). All payments made to MANAGEMENT pursuant to the agreement shall be applied first to administrative and late charges, then the balance to accrued and unpaid rent, this agreement shall expire on the last day of each month and automatically renew for one (1) additional month, SUBJECT TO THE CONDITIONS ON THE NEXT PAGE. Rental payments made after day <Rent.LateDay> of the month are subject to a <Tenant.LateFee1> Late Charge. Mailed payments must be postmarked by day <Rent.LateDay> of the month to avoid Late Charge. A returned Check is subject to a charge of <Tenant.FeeBadCheck>. There is a one-time <Tenant.FeeAdmin> non-refundable administrative fee charged when Tenant signs this lease. TENANT shall give MANAGEMENT ten (10) days written notice to vacate in order to avoid responsibility for the payment of the next month's rent. TENANT is an active member of the United States Armed Forces: Yes_______No_______ TENANT acknowledges that MANAGEMENT does not carry any insurance which in any way covers any loss whatsoever that TENANT may have or claim by renting the Storage Unit. All property stored in the Storage Unit shall be at TENANT'S sole risk. TENANT ACKNOWLEDGES THAT HE HAS READ THE CONDITIONS ON THE NEXT PAGES AND AGREES TO BE BOUND BY THEM. Executed on <Tenant.LeaseSignDate>, Tenant Name: <Tenant.Name>By (Management Agent): <All Valley Storage, > _______________________________________ _____________________________________ (Tenant Signature) (Management Signature) <Tenant.CompName>Lease Number: <Tenant.LeaseNo> (Tenant Company Name) Please Remit To: <Tenant.StreetAddress1><Site.Name> (Tenant Street Address)<Site.StreetAddress1> <Site.StreetAddress2> <Site.City>, <Site.Region> <Site.PostalCode> <Tenant.City>, <Tenant.Region> <Tenant.PostalCode> (Tenant City, State, Zip) <Tenant.HomePhone><Tenant.WorkPhone> (Tenant Home Phone) (Tenant Work Phone) <Tenant.DriversLicense><Tenant.DriversLicenseRegion> (Tenant Drivers License No.) (State) Page 2 of 5 Conditions 1. Month-to-Month Term and Renewal: This Rental Agreement for the lease of a self-storage space (the “Premises”) from All Valley Storage, LLC or Green Diamond Investments, LLC as indicated in the Terms and Conditions above at All Valley Storage - Carbondale or All Valley Storage - Silt (the “Facility”) is on a month-to-month basis and shall automatically renew for successive one month periods on the first day of each month unless terminated by Owner or Occupant pursuant to Provision 6 in the Lease and Occupant has fully removed all Property from the Premises and removed Occupant’s lock. A one month minimum rental is required. 2. Rent is Due on the First of Each Month: Rent shall be in the amount specified above, payable monthly to Owner in advance, without demand or notice, on the First of each month during the term of this Rental Agreement and any extensions or renewals thereof. If this Rental Agreement was executed on or after the 20th day of the month, then the second months Rent has been paid in advance and next Rent is due on the date stated in the Summary of Terms and Conditions. Occupant agrees to pay Rent in person, by mail, or with credit card in person or by written authorization, or by the storage kiosk located at the Carbondale Facility, and shall not mail or deliver Rent in the form of cash into the office by any “drop slot”. Occupant is required to obtain a receipt for any cash payment. Occupant shall pay Rent even if Occupant does not receive an invoice or bill. Owner may require payments of Rent to be in the form of money order, cash, or cashier’s check, in the event Occupant is in Default or has any payment due Owner returned for any reason including insufficient funds. Rent is non-refundable. Any rent payment made by the internet or payment kiosk must be in the full amount due at the time of payment. If less than full payment is made over the internet or at the kiosk, said payment shall be deemed automatically refused and any sums submitted shall be returned to Occupant at Occupant’s last known address, even if Occupant obtains a receipt from the internet site or kiosk. No payments including internet or kiosk can be made within forty-eight (48) hours of a lien sale, all payments must be made hand to Owner and accepted. 3. Credit/Debit Card Authorization for Payment of Rent and Other Charges: Occupant has authorized Owner to automatically charge or debit the charge or credit/debt card referenced in the Terms and Conditions section of the Rental Agreement (which is owned by the Occupant) on the first day of each month, or as soon as reasonably practicable thereafter, in the amount stated in the Terms & Conditions of this Rental Agreement, as Rent for each and every month Occupant continues to occupy the Premises. This authorization shall continue and include any increases in Rent and other charges assessed to the Occupant. In any circumstance, in the event Occupant terminates this authorization or the Rental Agreement owing any Rent or other charges due to Owner, Owner may charge/debit Occupant’s credit/debit card any sum due and owing upon termination including, but not exclusively, damages to the Premises or Facility, outstanding Rent due, any other default charges, clean up charges, dumpster charges, and any other sums due and owing at the termination. 4. Security Deposit: Owner acknowledges receipt of the Security Deposit specified above which shall secure Occupant’s performance of all terms of this Rental Agreement. The Security Deposit may be waived by Owner in the event Occupant provides Owner the credit card for payment of Rent and other charges on an automatic recurring basis as described in Provision 3. Occupant agrees that Owner need not segregate the Security Deposit from other funds and that no interest will be due Occupant for the period during which the Security Deposit is held. The Security Deposit shall be returned to Occupant within thirty (30) days of termination, if Occupant gives proper notice as described in Provisions 6 and 21, less all charges for cleaning, repairing or otherwise preparing the Premises for rental to others. Owner may also deduct from the Security Deposit any unpaid Rent, damages, charges, costs, or expenses due to Owner. 5. Administration Fee: Contemporaneously with the execution of the Rental Agreement Occupant has paid to Owner a non-refundable Administration Fee in the amount listed in the Terms and Conditions section of the Rental Agreement above. The Administration Fee is intended to defray some of the initial set-up, preparation costs and other expenses incurred in entering into a new self-storage Rental Agreement. This Administration Fee is non-refundable under any circumstances. 6. Termination. Occupant may terminate this Rental Agreement at any time if all Rent and charges are paid in full (through the end of the month) and Occupant notifies Owner of Occupant’s vacating of the Premises at least fourteen (14) days before the end of the month. Owner may terminate this Rental Agreement by giving Occupant fourteen (14) days written notice prior to the end of the term or any renewal term. The Premises shall be left broom clean, free of trash, and Occupant shall remove all Personal Property (or additional Rent may accrue) and the Occupant’s lock must be removed. Occupant shall fully vacate by the date stated in Occupant’s or Owner’s Notice. Owner charges and Occupant is responsible for a Fifty Dollar ($50.00) per hour per person charge for cleaning the Premises, minimum one (1) hour, plus costs including any disposal fees, if Owner must remove property and/or clean the Premises. 7. Other Charges and Fees:Occupant is in Default if Rent is not paid by the first of each month, and any Rent accepted thereafter shall be at the sole discretion of the Owner. If Occupant is in default, the following fees shall be charged: Late /Overlock Fee (on the 10th day after Rent is due) 15% of Rent charge for the month Notice of Default charge (on the 20th day after Rent is due) $ 20.00 Notice of Default charge (on date mailed) $ 20.00 + Certified Mail Fees Sale Fee (imposed on day advertisement runs (including ad cost)) $100.00 NSF/Returned Check Fee $ 35.00 + Applicable late fees Cleaning Fee (1 hour minimum) $ 50.00 per hour/per person + disposal fees Lock Cut Fee (at Occupant’s request) $ 50.00 Eviction notice (in lieu of default notice) $ 20.00 Eviction charge (in lieu of sale) $150.00 For the purpose of determining if Rent is paid on time, the date the payment is received in the Owner’s office, not the postmark date is used. Notwithstanding the date that other fees and charges are imposed, if payment is not made within thirty (30) consecutive days Owner may begin enforcement of its lien against Occupant’s Property. Occupant shall pay Owner all other costs and expenses incurred by Owner arising out of or related in any manner to a breach of this Rental Agreement particularly any charges incurred for Rent, late fees, or other charges and expenses incurred in enforcing the lien by Owner, Owner’s collection of any amount owed by the Occupant, or the exercise of any remedy by Owner upon a Default by Occupant (including the sale or other disposition of Occupant’s Property) as permitted under this Rental Agreement or by law. Occupant shall be liable to Owner for Owner’s attorney’s fees incurred in enforcing any of Owner’s rights or Occupant’s responsibilities under this Rental Agreement. 8. Use of Premises and Prohibited Storage: The Premises shall be used and occupied only for the storing of personal property owned by Occupant. Occupant shall keep the Premises in a clean and sanitary condition and free of rubbish, liquid waste or refuse, no guns or alcohol may be stored in the Premises. Occupant shall not use the Premises for the operation of any commercial, industrial, manufacturing or distribution business, and shall not conduct any hobby, wood, metal or other material work in the Premises. Occupant shall not use the Premises for the use or storage of any food; animal feed (including seed); store or release any explosives; highly flammable, dangerous, hazardous or toxic materials or substances (as defined below); noxious smelling items; items which emit a gas or odor when exposed to moisture; contraband or illegal substances; or for any unlawful purpose of any kind. Occupant shall not engage in any activity in the Premises which produces or releases such prohibited materials. Occupant shall not use the Premises for storage of any gasoline or other fuel oil, grease, or any other lubricant, tires or batteries, or any other accessories, except for such gas, oil, grease, or other lubricant as may be contained in the operating parts of the items stored in the Premises and in such case Occupant shall store the Property Page 3 of 5 with no more than one quarter (1/4) tank of gas and a drip pan or absorbent pad designed to absorb petroleum products under the Property to retain any leaking fluids. No propane or empty propane canisters may be stored in the Premises. No gas canisters shall be stored in the Premises. A Vehicle Storage Addendum must be completed and executed by Owner for any “titled” vehicle stored in the Premises. Occupant shall not live or sleep in the Premises, nor shall animals be permitted to be stored in the Premises. Occupant shall not use or allow the Premises to be used for the release, storage, use, treatment, disposal or other handling of any hazardous substance without prior written consent of Owner. The term “release” shall have the same meaning as ascribed to it in the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. Section 9602, et seq., as amended, (“CERCLA”). The term “hazardous substance” means: i. Any substance defined as a “hazardous substance” under CERCLA; ii. Petroleum, petroleum products, natural gas, natural gas liquids, liquefied natural gas and synthetic gas, and; iii. Any other substance or material deemed to be hazardous, dangerous, toxic, or a pollutant under any federal, state or local law, code, ordinance or regulation. 9. Limitation on Value of Personal Property: Occupant agrees not to store property in the Premises with a total value in excess of $5,000.00 without the prior written permission of the Owner. If such written permission is not obtained, the value of property shall be deemed not to exceed $5,000.00. The Premises is not appropriate for storage of irreplaceable property such as books, writings, objects which have an unknown immediate resale market value, or objects which have a special, sentimental, or emotional value to Occupant. By this Rental Agreement, Owner is generally not liable for the loss of Occupant’s Property. In the event any competent court of law adjudicates Owner liable for any loss, for any reason, damages shall be limited as described in the next Paragraph. This provision shall not constitute an admission that Occupant’s Property has any value whatsoever. Higher value limits for property may be available upon Occupant’s written request to Owner in exchange for additional consideration. See Owner for details. The fact that Occupant may insure said Property for an amount greater than the storage limit shall not waive Owner’s right to deem the Property collectively stored to be worth no more than $5,000.00. Notwithstanding anything in this Rental Agreement or any addendum to modify the limit on the value of Personal Property, in no event will Owner or Owner’s agents be liable to Occupant or Occupant’s agents for an amount in excess of Two Thousand Dollars ($2,000.00) for any loss or damage whatsoever, including, but not limited to, the active or passive acts, the omissions or negligence of Owner or Owner’s agents. Occupant will not sue Owner or Owner’s agents with respect to any claim, cause or action, loss, or injury to the extent liability therefore has been limited or eliminated pursuant to this Provision. So long as Occupant complies with the requirements of Provisions 8 and 9, Owner does not concern itself with the type, quantity, or quality of the Property Stored. 10. Damages: Occupant shall be responsible to Owner for the costs of repair, clean-up, and replacement for any damages caused as a result of Occupant’s storage in the Premises, use of the Premises, or use of the common areas of the Facility including damage to other occupant’s property. In the event Owner invoices Occupant for any charges for repairs, clean-up, replacement, or other damages suffered, Occupant shall pay the invoice within ten (10) days or it shall become Additional Rent due and payable with the next month’s rental obligation. The failure to pay such invoice represents a default under this Agreement. This Provision and the requirement to pay for any damages shall survive the termination of this Agreement. 11. Insurance and Security Type Systems:Occupant agrees, at his/her sole expense, to maintain insurance on all Property stored in the Premises with actual cash value coverage against all perils, without exception. Occupant’s failure to maintain such insurance shall be a breach of this Rental Agreement, constituting an Event of Default hereunder, and Occupant shall assume all risk of loss of damage that would have been covered by such insurance. Owner employs certain measures to protect Owner’s property referred to as “Security Type Systems.” The operation or failure of any type of Security Type System installed by Owner shall not change Owner’s aforementioned liability for any type of loss incurred by Occupant and shall in no way release Occupant from his/her obligation of insuring his/her Personal Property. These systems may include an electric gate and video cameras, however, Occupant acknowledges that these measures are for the protection of the Facility as a whole and not the individual Premises, that video cameras are not monitored, and that these systems may not operate properly in the event of a mechanical, electrical, or software failure. Further, video cameras may not be recorded or may not be recorded at all times and do not record all parts of the Facility. (Information about self storage insurance is available through Owner’s office. Please ask for information from Owner.) Higher value limits for Personal Property stored may be requested in writing by Occupant for additional consideration and, if accepted by Owner in writing, shall modify this provision only. 12. Access: Occupant’s access to the Premises and the Facility may be limited as reasonably deemed necessary by Owner, including, but not limited to, requiring photographic identification from Occupant, limiting hours of operation, or requiring Occupant to sign-in and sign-out upon entering and leaving the Facility, including the temporary closure of portions of the Facility for repairs and maintenance. Owner may change the times and methods of access to the Facility with thirty (30) days written notice posted at Owner’s office at the Facility or mailed to Occupant. In the event of an emergency at or around the Facility, Owner may require Occupant enter only when escorted by Owner’s employees or agents. Owner shall not be liable to Occupant for Occupant’s or his/her invitee’s inability to gain gate access due to mechanical failure, misuse of gate code(s), or any other reason. 13. Mold:Occupant understands that there is a risk of the growth of mold and/or mildew on Occupant’s Personal Property. Owner does not warrant the Premises to be water-tight or dry. Mold is a naturally-occurring substance and it is possible to have mold appear or grow on Occupant’s property. To help avoid mold, Owner recommends storing property off the concrete floor, such as on pallets or shelves (do not attach to the Premises), wrapping certain property in plastic and keeping goods susceptible to mold from touching the walls of the Premises. Occupant understands that any property brought into the Premises that is damp or wet will likely grow mold or mildew because of its wet or damp condition when brought into the Premises. Owner recommends periodically inspecting the Premises and the property and taking any and all actions necessary to protect Occupant’s property. 14. Locked Premises; Storage Occupant’s Risk; Abandonment: Occupant is required to keep the Premises locked using one lock per door. Owner shall not retain a key to Occupant’s lock. If a lock is removed for a reason described elsewhere in the Rental Agreement, including Default by Occupant, then Occupant shall replace the lock with another lock at Occupant’s sole expense. If the Premises is found open or if a lock is removed for an inventory or sale, Owner may, but is not required to, lock the Premises at Occupant’s expense. All property stored by Occupant within the Premises shall be at Occupant’s sole risk. If the Premises is not locked, Owner may consider the Premises abandoned and dispose of any or all Personal Property in the Premises. Owner may dispose of or sell the Personal Property abandoned in the Premises. Owner is not a warehouseman engaged in the business of storing goods for hire. Owner shall have no obligation to exercise any care, custody or control over Occupant’s Personal Property. Owner assumes no responsibility for any loss, damage or casualty however caused to such Personal Property. 15. Release of Liability: Occupant releases Owner, its employees, agents, successors, and assigns from any and all liability for property damage or loss of property; for damage or loss from, as examples, fire, water, the elements, mold or mildew, Acts of God, theft, burglary, vandalism, malicious mischief, mysterious disappearance, and rodent damage; or the acts or failure to act or negligence of Owner, its employees, or agents. Occupant further releases Owner, its employees, agents, successors, and assigns from any and all liability for personal injuries or death to persons including Occupant and Occupant’s family or invitees arising out of Occupants use of the Premises and Facility. Self storage insurance is strongly recommended. The only insurance that covers the property stored in the Premises is that purchased by Occupant. Occupant understands that this Release of Owner’s liability is a bargained for condition of this Rental Agreement and Owner’s consent to enter into this Rental Agreement, and that if Owner were not released from the liability as set forth in Provisions 15 and 16, a much higher Rent would have to be agreed upon or Owner would not enter into this Rental Agreement. Page 4 of 5 16. Indemnification; Subrogation:Occupant agrees to have its insurer waive any right of subrogation of any claim of Occupant against Owner, its employees, or agents. Occupant agrees to indemnify, defend and hold Owner harmless from any and all loss, claim, demands, damage, liability, expense, fines or penalties arising out of or related in any manner to such foregoing injuries, death or losses to person or property, or damages to Occupants property however occurring, or arising out of or related to any breach of this Rental Agreement by Occupant. Occupant shall also pay Owner for all of Owner’s attorney fees incurred in enforcing any obligation under this Provision. 17. Owner May Enter: Owner, its employees or agents and the representatives of any governmental or quasi-governmental authority, including police and fire officials, shall have the right to remove Occupant’s lock and enter the Premises, without notice to Occupant, to take such action as may be necessary to preserve Owner’s property in the event of an Emergency, or to comply with any applicable law, governmental or court order, warrant, subpoena, or to enforce any of Owner’s rights. For the purposes of this Rental Agreement, “Emergency” shall be defined as any event which jeopardizes the health, safety, and/or well-being of any person or of the Facility or any of the buildings or the land appurtenant to the buildings or any other property or chattels stored at the Facility. Owner shall further have the right, on a non-emergency basis, to remove Occupant’s lock and enter the Premises with reasonable notice to Occupant to make any repairs, replacements, other desirable improvements or conduct any inspections of Owner’s property (the “Work”). Owner will endeavor to give a minimum of three days notice to Occupant of the Work and, if Occupant is available, will schedule an appointment with Occupant to remove Occupant’s lock to allow the Work. If Occupant is unavailable or unable to provide Owner access, Owner may cut or remove and replace the lock after the Work has been completed with a lock of similar or better quality. Occupant may obtain keys to the replacement lock from Owner’s office during Office Hours. 18. Responsibility to Notify of a Condition in the Premises: Occupant shall immediately notify Owner should Occupant become aware of any noxious odors, sounds, or other conditions, including without limitation, the presence of any mold or similar condition in Occupant’s Premises or emanating spreading from or through any other Premises. Upon receipt of such notification, or should Owner become aware of such conditions, Owner may, notwithstanding anything to the contrary to this Agreement, enter Occupant’s Premises without notice to make any such necessary inspection, repair, or alteration. Should any such conditions result from Occupant’s use of the Premises or from a breach by Occupant of the terms of this Agreement, all costs and expenses incurred by Owner in addressing such conditions shall be paid by Occupant on demand and if not paid, shall become Additional Rent. 19. Owner’s Lien:Pursuant to the Colorado Self-Service Storage Facility Act 38-21.5-101 et seq., the Owner of a self storage facility and his or her heirs, executors, administrators, successors, and assigns have a lien upon all personal property located at the self-service storage facility for rent, labor, or other charges, present or future, in relation to the personal property and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition. This lien attaches as of the date the personal property is brought to the self-service storage facility. Explanation: The Occupant’s Property may be sold to satisfy the lien if Occupant is in default. 20. Defaults; Owner Remedies: If Occupant breaches any term or condition of this Rental Agreement (a “Default”), Owner in addition to such other rights it may have under this Rental Agreement and law shall have the right to terminate this Rental Agreement. If Occupant fails to pay any Rent or other charges when due or if the Rental Agreement is terminated by Owner for cause, Owner may: (i) deactivate gate access and overlock the Premises at any time after Default; (ii) remove Occupant’s lock and access the Premises; (iii) inventory and/or take possession if desired, of the Personal Property located in the Premises; (iv) sell or dispose of the Personal Property in the Premises as permitted by law; or (v) pursue any and all remedies available, at law or equity, including a forcible entry and detainer action against Occupant. All remedies available to Owner shall be cumulative and the exercise of one or more remedies shall not exclude or waive Owner’s rights as to any other remedy. 21. Notices: Except as otherwise required by law, all notices under this Rental Agreement from Owner to Occupant shall be mailed by first class U.S. mail, postage pre-paid, to Occupant’s last known address and shall be conclusively presumed to have been received by Occupant three (3) business days after mailing. All notices from Occupant to Owner shall be mailed by first class U.S. mail, postage pre-paid, to Owner, at the address of the Facility listed on the first page of this Rental Agreement. Occupant is responsible for notifying Owner in writing, via certified mail return receipt requested, or in person at the office address listed on this Rental Agreement on a form prescribed by Owner of any change in Occupant’s address or of intent to vacate at the end of the term. 22. Partial Payments or Payment in the Event of Default: Partial payments shall not be accepted. 23. Assignment and Subletting: Occupant may not assign its rights under this Rental Agreement or sublet the Premises without the prior written consent of Owner. This Rental Agreement shall be binding upon the heirs, assigns, executors, administrators, representatives and successors of the parties hereto. 24. Governing Law; Jury Trial; Severability: This Rental Agreement shall be governed by the laws of the State of Colorado without regard to its conflict of laws provisions. Owner and Occupant agree to waive their respective rights to trial by jury of any cause of action, claim, counterclaim or cross complaint in any action arising out of or connected in any manner with this Rental Agreement, including any action for bodily injury, death or property damage. Owner and Occupant further agree that the federal or state courts in Garfield County, Colorado shall have exclusive jurisdiction for any litigation related to this Rental Agreement. If any part or provision of this Rental Agreement is determined to be unenforceable by a court of law, the parties agree that all remaining parts or provisions of this Rental Agreement shall remain in effect and be valid and enforceable. 25. Entire Agreement: This Rental Agreement is the entire agreement between the parties and supersedes any and all prior oral or written representations or agreements and may be modified only in a writing signed by Occupant and Owner. The pre-printed terms of this Rental Agreement may only be modified in writing signed by the General Manager of Owner. 26. Counterparts, Headings and Gender: This Rental Agreement may be executed in one or more counterparts, each of which shall be deemed an original and when taken together shall constitute one Rental Agreement. The headings in this Rental Agreement are for the convenience of both parties. In the event of any conflict between the heading and the language of the term, the language of the term shall control. Whenever the context so indicates the masculine, feminine or neuter gender and the singular or plural number shall be deemed to include the others. 27.Agreement to Mediate: Realizing that in Self-Storage relationships there is always a possibility of differences of opinion or other disagreements and that what is most important is to resolve any disputes amicably, quickly, inexpensively and professionally and to return to business as soon as possible, it is with that spirit of cooperation that Owner and Occupant pledge to resolve differences and to use the procedures specified in this Rental Agreement. Therefore, Owner and Occupant agree as follows: with the exception of non-payment of Occupant’s Rent and Owner’s right to conduct a lien sale, declare an abandonment, or evict as a result of Default under this Rental Agreement, or apply the security deposit, if any; that any litigation, claim, dispute, suit, action, controversy, proceeding or otherwise (''claim'') between or involving Owner and Occupant, whether arising out of or relating in any way to this Rental Agreement and/or any other document, any alleged breach of any duty, or otherwise will be submitted to non-binding mediation for a minimum of eight hours before any mediation organization approved by Owner and Occupant located within 25 miles of the Facility. In the mediation, Owner and Occupant shall each be represented by an individual authorized to make binding commitments on their respective behalves and may be represented by counsel. In addition, Owner and Occupant may, with permission of the mediator, bring such additional persons as are needed to respond to questions, contribute information and participate in the negotiations. The fees and expenses of the mediator and/or mediation organization shall be shared equally by Owner and Occupant. The mediator shall be disqualified as a witness, consultant, expert or counsel for any party with respect to the dispute and any related matters. Page 5 of 5 28.Owner’s Employees: In the event Occupant requests any of Owner’s employees to perform any services for Occupant, it shall be done at Occupant’s own risk as Occupant’s agent, regardless of whether payment is made for said service(s). Occupant agrees to release, hold harmless and indemnify Owner for any loss, charge or injury Occupant may suffer related to the use of Owner’s employees. 29. Warranty of Information: Occupant warrants all information given in this Rental Agreement or any application preceding this Rental Agreement is complete, true and accurate at the time of this Rental Agreement. 30. Occupant’s Acceptance of Premises “AS IS”. Occupant inspected or had the right to inspect the Premises and Facility before signing this Rental Agreement and finds the Premises to be suitable for the purpose for which Occupant rents such Premises and accepts the same “as is.” Owner makes no express warranties. Owner disclaims and Occupant waives all implied warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose to the fullest extent permitted by law. Occupant acknowledges that Owner’s Agents have no authority to make warranties, express or implied. 31. Pest Control: Occupant is advised that Owner may use chemicals at the Facility including around the Premises, for pest control. For this reason, no pets are allowed. 32. Permission to Call, Fax and/or E-Mail:Occupant recognizes Owner and Occupant are entering into a business relationship at the Facility. As such, to the extent any Federal or State law prohibits Owner from contacting Occupant by phone, fax, or e-mail, Occupant hereby consents to Owner phoning, faxing, and e-mailing Occupant and that these conditions are related to the business relationship. 33. Rules and Regulation: The Rules and Regulation of this Facility are incorporated herein and made a pert of this Monthly Rental Agreement as if fully re-written herein. The Rules and Regulations can be changed with thirty (30) days notice as described in the Rules and Regulations, without regard for the term of this Agreement, so long as the revised Rules and Regulations apply to all occupants and are made for the appropriate and efficient operation of the Facility. 34. Release of Information: Occupant hereby authorizes All Valley Storage, LLC to obtain consumer reports and any other information Owner deems necessary, for the purpose of evaluating Occupant’s application. Occupant understands that such information may include, but is not limited to, credit history, criminal and civil information, records of arrest, rental history, employment salary details, vehicle records, licensing records, and/or any other necessary information. Occupant understands that such collected consumer reports may be obtained and utilized under this authorization in connection with an update, removal, extension, or collection with respect or in connection with the rental of the Premises for which this Rental Agreement was made. The undersigned hereby acknowledges that he/she has read, reviewed, understands, and has had the opportunity to ask questions about this Rental Agreement in its entirety (four pages) and agree(s) to be bound by its terms and conditions. **I HAVE READ ALL FIVE (5) PAGES OF THIS RENTAL AGREEMENT ** TENANT: _____________ Tenant Initails Storage Yard Application 2020   37 | Page      CDOT ACESS PERMIT  (attached)                                          COLORADO DEPARTMENT OF TRANSPORTATION CDOT Permit No. 312039 STATE HIGHWAY ACCESS PERMIT State Highway No/Mp/Side ~ ¥,,_; 'I 082 A / 13.490 / L Permit fee 1 · Date of transmitlal I R8gion/Sectlon/Patrol Local Jurisdiction $300.00 6/22/2012 3 / 02 / 12·2 Garry Williams Garfield Countv The Permittee(s); Applicant: 1Ref No.: :,' Laforge West Sopris Engineering ·.; c Sean Frisch Yancy Nichol 10170 Church Ranch Way. Suite 200 502 Main Street, Suite A3 Westminster, CO 80021 Carbondale, CO 81623 720-320-245 l 970-704-0311 is hereby granted permission to have an access to the state highway at the location noted below, ·The access shall be constructed, maintained and used in accordance with this permit, including the State Highway Access Code and any attachments, terms, conditions and exhibits, This permit may be revoked by !he issuing authority if at any time the permitted access and its use violate any parts of this permit. The issuing authodly,_ the Department and their duly appointed agenls and employees shall be held harmless against any action for personal injury or property damage_sustained by reason of the exercise 9f the oermit. Location: Garfield county Road 103 Access to Provide Service to: (Land Use Code:) (Size or Count) (Units) 998 • County Road Additional Information: . MUNICIPALITY OR COUNTY APPROVAL 1 Required only when the appropriate local authority retains issuing authority. Signature Print Name Title Pate Upon the signing of this permit the permittee agrees to the terms and conditions and referenced att,i.chments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from Initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notlfv Les Stanton 2 K2 with the Colorado Department of Transportation In Grand Junction, Colorado at (970) 384-3357, at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the permittee must 9.eJ.bt>_l'lwnAr or legal representative of the property served by the permitted access and have full authority to accept the permit and ils terms an~ions. '\ P~na( l J '"-~/ I Print Jame A ('("Q-.--.: n-L Date \~;\\iAWI r .... 7/r2.ft., -="'· . This permit is not valid until signed by a duly authorized representative of the Department. COLORADO DEPARTMENT OF TRANSPORTATION u~n.,J'~ ;/;tName Ii LJ:1/Y))v !YknMr Date (of Issue) ) )~ \ h .7 &tv .( ,,,.._, 1~ 11~.J Of~ Copy Distribution: Required; Make copies as necessary for: Previou& editio"' are obaolete and may not be used 1,Reglon 2,Applicant 3.Slafl Access Section Local Aulhority 4,Central Files MTCE Patrol Inspector Traffic Engineer Page 1 of 3 COOT Form #101 5/01 State Highway Access Permit Form 101, Page 2 The following paragraphs are excerpts of the State Highway Access Code. These are provided for your convenience but do not alleviate compliance with all sections of the Access Code. A copy of the State Highway Access Code is available from your local issuing authority (local government) or the Colorado Department of Transportation (Department). When this permit was issued, the issuing authority made its decision based in part on information submitted by the applicant, on the access category which is assigned to the highway, what alternative access to other public roads and streets is available, and safety and design standards. Changes in use or design not approved by the permit or the issuing authority may cause the revocation or suspension of the permit. APPEALS 1. Should the permittee or applicant object to the denial of a permit application by the Department or object to any of the terms or conditions of a permit placed there by the Department, the applicant and permittee (appellant) have a right to appeal the decision to the [Transportation] Commission [of Colorado]. To appeal a decision, submit a request for administrative hearing to the Transportation Commission of Colorado within 60 days of transmittal of notice of denial or transmittal of the permit for signature. Submit the request to the Transportation Commission of Colorado, 4201 East Arkansas Avenue, Denver, Colorado 80222-3400. The request shall include reasons for the appeal and may include changes, revisions, or conditions that would be acceptable to the permittee or applicant. 2. Any appeal by the applicant or permittee of action by a local issuing authority shall be filed with the local authority and be consistent with the appeal procedures of the local authority. 3. In submitting the request for administrative hearing, the appellant has the option of including within the appeal a request for a review by the Department's internal administrative review committee pursuant to [Code] subsection 2.10. When such committee review is requested, processing of the appeal for formal administrative hearing, 2.9(5) and (6), shall be suspended until the appellant notifies the Commission to proceed with the administrative hearing, or the appellant submits a request to the Commission or the administrative law judge to withdraw the appeal. The two administrative processes, the internal administrative review committee, and the administrative hearing, may not run concurrently. 4. Regardless of any communications, meetings, administrative reviews or negotiations with the Department or the internal administrative review Committee regarding revisions or objections to the permit or a denial, if the permittee or applicant wishes to appeal the Department's decision to the Commission for a hearing, the appeal must be brought to the Commission within 60 days of transmittal of notice of denial or transmittal of the permit. PERMIT EXPIRATION 1. A permit shall be considered expired if the access is not under construction within one year of the permit issue date or before the expiration of any authorized extension. When the permittee is unable to commence construction within one year after the permit issue date, _the permittee may request a one year extension from the issuing authority. No more than two one-year extensions may be granted under any circumstances. If the access is not under construction within three years from date of issue the permit will be considered expired. Any request for an extension must be in writing and s_ubmitted to the issuing authority before the permit expires. The request should state the reasons why the extension is necessary, when construction is anticipated, and include a copy of page 1 (face of permit) of the access permit. Extension approvals shall be in writing. The local issuing authority shall obtain the concurrence of the Department prior to the approval of an extens'.ton, and shall notify the Department of all denied extensiohs within ten days. Any person wishing to reestablish an access permit that has expired may begin again with the application procedures. An approved Notice to Proceed, automatically renews the access permit for the period of the Notice to Proceed. CONSTRUCTION 1. Construction may not begin until a Notice to Proceed is approved. (Code subsection 2.4] 2. The construction of the access and its appurtenances as required by the terms and conditions of the permit shall be completed at the expense of the permittee except as provided in subsection 2.14. All materials used in the construction of the access within the highway right-of-way or on permanent easements, become public property. Any materials removed from the highway right-of-way will be disposed of only as directed by the Department. All fencing, guard rail, traffic control devices and other equipment and materials removed in the course of access construction shall be given to the Department unless otherwise instructed by the permit or the Department inspector. 3. The permittee shall notify the individual or the office specified on the permit or Notice to Proceed at least two working days prior to any construction within state highway right-of-way. Construction of the access shall not proceed until both the access permit and the Notice to Proceed are issued. The access shall be comple\ed in an expeditious and safe manner and shall be finished within 45 days from initiation of construction within the:highway right-of-way. A construction time extension not to exceed 30 working days may be requested from the individDal or office specified on the permit. · 4. The issuing authority and the Department may inspect the access during construction and upon completion of the access to ensure that all terms and conditions of the permit are met. Inspectors are authorized to enforce the conditions of the permit during construction and to halt any activities within state right-of-way that do not comply with the provisions of the permit, that conflict with concurrent highway construction or maintenance work, that endanger State Highway Access Permit Form 101, Page 3 · highway property, natural or: cultural resources protected by law, or the health and safety of workers or the public. 5. Prior to using the access, the permittee is required to complete the construction according to the terms and conditions of the permit Failure by the permittee to abide by all permit terms and conditions shall be sufficient cause for the Department or issuing authority to initiate action to suspend or revoke the permit and close the access. If in the determination of the Department or issuing authority the failure to comply with or complete the construction requirements of the permit create a highway safety hazard, such shall be sufficient cause for the summary suspension of the permit. If the permittee wishes to use the access prior to completion, arrangements must be approved by the issuing authority and Department and included in the permit The Department or issuing authority may order a halt to any unauthorized use of the access pursuant to statutory and regulatory powers. Reconstruction or improvement of the access may be required when the permittee has failed to meet required specifications of design or materials. If any construction element ··fails within two years due to improper construction or material specifications, the permittee shall be responsible for all repairs. Failure to make such repairs may result in suspension of the. permit and closure of the access. ' 6. The permittee shall ;I,, provide construction traffic control devices at all times during• access construction, in conformance with the M.U.T.C.D. as required by section 42-4-104, C.RS., as amended. 7. A utility permit shall be obtained for any utility work within highway right-of-way. Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of a permitted access, the relocation, removal or repair shall be accomplished by the permittee without cost to the Department or issuing authority, and at the direction of the Department or utility company. Any damage to the state highway or other public right-of-way beyond that which is allowed in the permit shall be repaired immediately. The permittee is responsible for the repair of any utility damaged in the course of access construction, reconstruction or repair. 8. In the event it becomes necessary to remove any right-of- way fence, the posts on either side of the access shall be securely braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence. All posts and wire removed are Ot·! ,artment property and shall be turned over to a representative of the Department. 9. The permittee shall ensure that a copy of the permit is available for review at the construction site at all times. The permit may require the contractor to notify the individual or office specified on the permit at any specified phases in construction to allow thii field inspector to inspect various aspects of construction such as concrete forms, subbase, base course compaction, and niaterials specifications. Minor changes and additions may be qrdered by the Department or local authority field inspector to imeet unanticipated site conditions. 10. Each access shall be constructed in a manner that shall not cause water to enter onto the roadway or shoulder, and shall not interfere with the existing drainage system on the right-of- way or any adopted municipal system and drainage plan. 11. The Permittee is responsible for obtaining any necessary additional Federal, State and/or City/County permits or clearances required for construction of the access. Issuance of this access permit does not constitute verification of the above required actions by the Permittee. By accepting the permit, the permittee stipulates and agrees to fully protect, save, defend, indemnify, and hold harmless, to the extent allowed by law, the issuing Authority, and each of the Authority's directors, officers, employees, agents and representatives, from and against any and all claims, costs (including but not limited to all reasonable fees and charges of engineers, architects, attorneys, and other professionals or expert witnesses and all court or other dispute resolution costs directly incurred by reason of claims directly brought against the Authority), losses, damages, pre-or post- judgment interest, causes of action, suits, or liability of any nature whatsoever by reason of liability imposed due to Permittee's failure to obtain, or disregard of, any applicable federal, state or local environmental permits, approvals, authorizations, or clearances, or in meeting or complying with any applicable federal, state or local environmental law, regulation, condition or requirements in connection with any activities authorized by this Access Permit. CHANGES IN ACCESS USE AND PERMIT VIOLATIONS 1. It is the responsibility of the property owner and permittee to ensure that the use of the access to the property is not in violation of the Code, permit terms and conditions or the Act The terms and. conditions of any permit are binding upon all assigns, successors-in-interest, heirs and occupants. If any significant changes are made or will be made in the use of the property which will affect access operation, traffic volume and or vehicle type, the permittee or property owner shall contact the local issuing authority or the Department to determine if a new access permit and modifications to the access are required. 2. When an access is constructed or used in violation of the Code, section 43-2-147(5)(c), C.RS., of the Act applies. The Department or issuing authority may summarily suspend an access permit and immediately order closure of the access when its continued use presents an immediate threat to public health, welfare or safety. Summary suspension shall comply with article 4 of title 24, C.RS. MAINTENANCE 1. The permittee, his or her heirs, successors-in-interest, assigns, and occupants of the property serviced by the access shall be responsible for meeting the terms and conditions of the permit, the repair and maintenance of the access beyond the edge of the roadway including any cattle guard and gate, and the removal or clearance of snow or ice upon the access even though deposited on the access in the course of Department snow removal operations. Within unincorporated areas the Department will keep access culverts clean as part of maintenance of the highway drainage system. However, the permittee is responsible for the repair and replacement of any access-related culverts within the right-of-way. Within incorporated areas, drainage responsibilities for municipalities are determined by statute and local ordinance. The Department will maintain the roadway including auxiliary lanes and shoulders, except in those cases where the access installation has failed due to improper access construction and/or failure to follow permit requirements and specifications in which case the permittee shall be responsible for such repair. Any significant repairs such as culvert replacement, resurfacing, or changes in design or specifications, requires authorization from the Department Form 101, Page 3 STATE HIGHWAY ACCESS PERMIT 312039 Located on Highway 82A Frontage Road near MP 13.49 Left Issued to Larfarge West TERMS AND CONDITIONS June 21, 2012 1. This permitted access is only for the use and purpose stated in the Application and Permit. This Permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), and is based in part upon the information submitted by the Permittee. Any subsequent relocation, reconstruction, or modifications to the access or changes in the traffic volume or traffic nature using the access shall be requested for by means of a new application. Any changes causing non-compliance with the Access Code may render this permit void, requiring a new permit. 2. The Permittee shall design and install a westbound right turn deceleration lane i.h accordance with Section 4 of the Access Code. 3. The Perrnittee shall design and install an eastbound left turn acceleration lane in accordance with Section 4 of the Access Code. 4. The traffic volume shall be 190 DHV. This is for Garfield County Road 103 also known as Crystal Springs Road. 5. All other highway intersection axillary lanes meet the standards of the Code. 6. The County Road 103 Intersection with SH 82 shall be reconfigured to be as close to 90 degrees as possible. Median striping improvement for the center median on SH 82 shall be completed with this design. 7. Unofficial parking at the intersection of CR 103 and SH 82 shall be eliminated by landscaping or grading of the area. The parking area may remind if another government entity takes responsibility of maintaining of the parking area. This will need to be formalized by a written agreement. 8. The Powers' gravel pit operation access on SH 82 shall close and be reclaimed once access is open on County Road 1 03. All asphalt shall be removed and the site drainage and original vegetation shall be restored. 9. This access shall be constructed 25-40 feet wide. This access shall be constructed with turning radii to accommodate an AASHTO WB-67 turning radius. The turning radius shall be measured from the white line on the Hwy to the edge of the driveway. A drawing of the design vehicle turning template for the largest vehicle entering/exiting site will be required to ensure proper radius and lane widths. 10. The access shall be constructed perpendicular to the travel lanes of the State H[ghway for a minimum distance of 40 feet from the edge of roadway. Side slopes shall be at.a 4:1 slope on the roadway and at 6:1 to the approach. The driveway shall slope away from the highway at a -2% grade for the first 20 feet of driveway. This design shall be in conformance with section 4 of the State Highway Access Code, 2CCR 601-1. 11. The access shall be surfaced in accordance with Section 4.7 of the Access Code immediately upon completion of earthwork construction and prior to use. This access shall be hard surfaced in accordance with Section 4.7 of the Access Code a minimum distance of 50 feet from the traveled way or to the CDOT Right-of-Way. Where the hard surface is to abut existing pavement, the existing pavement shall be saw cut and removed a minimum of one foot back from the existing edge for bituminous, or until an acceptable existing cross slope is achieved. Surfacing shall meet the Department's specifications with minimum surfacing to be equal to or greater than existing highway conditions. STATE HIGHWAY ACCESS PERMIT 312039 Located on Highway 82A Frontage Road near MP 13.49 Left Issued to Larfarge West June 21, 2012 12. The Permittee shall provide a performance bond that will insure completion of the required highway and all related intersection improvements in conformance with all Department standards and specifications. The bond must be at least 110% of the estimated total highway construction cost and the bonding agency must be surety licensed to do business in the State of Colorado. A thorough Construction Cost Estimate sealed by a Colorado Registered Professional Engineer and a draft of the bond must be provided and approved by Department before acceptance of the final bond and before construction is approved to commence. 13. This permit replaces any and all additional access permits that may be in existence for this access. 14. A pre-design meeting is required prior to construction design. Required personnel for this meeting are: Professional Engineer of Record (i.e., the person who shall sign and seal the plan set), Design Engineer, and Permittee. Please contact Devin Drayton 970-683-6286 for scheduling this pre-design meeting. 15. A Notice to Proceed, COOT Form 1265 is required before beginning the construction of the access or any activity within the highway right-of-way. To receive the Notice to Proceed the applicant shall submit a complete packet to COOT with the following items: (a) A cover letter requesting a Notice to Proceed. (b) Certificate of Insurance Liability as per Section 2.3(11 )(i) of the State Highway Access Code. i 'f (c) A certified Traffic Control Plan in accordance with Section 2.4(6) of the Access Code. The Traffic Control Plan shall provide accessibility features to accommodate all pedestrians including persons with disabilities for all pathways during construction. (d) Ten copies of Construction Plans Stamped (11"x 17" with a minimum scale of 1" = 50') by a Colorado Registered Professional Engineer in full compliance with the State Highway Access Code. (e) Signed and sealed Notice to Proceed Checklist. (f) Signed and Approved Performance Bond. (g) Signed and sealed Drainage Report or narrative. (h) Prior to the issuance of any Notice to Proceed, the applicant shall schedule a pre- construction meeting including but not limited to applicant, Engineer of Record, Construction Inspector, construction personnel, Permittee (if other than applicant), COOT representative and Traffic Control Supervisor. (i) A construction schedule will be required at the pre-construction meeting. U) Letter from Garfield County support of removing the parking area north of the CR 103/SH 82 Intersection. 16. No drainage from this site shall enter onto the State Highway travel lanes. The Permittee is required to 'r;naintain all drainage in excess of historical flows and time of concentration on site. All existing drainage structures shall be extended, modified or upgraded, as applicable, to accommod~te all new construction and safety standards, in accordance with the Department's standard s~ecifications. 17. All materials, equipment, installation and construction within the State Highway ROW shall be in accordance with the latest edition of the following standard references as applicable: STATE HIGHWAY ACCESS PERMIT 312039 Located on Highway 82A Frontage Road near MP 13.49 Left Issued to Larfarge West (a) COOT Materials Manual (b) COOT Construction Manual ·June 21, 2012 (c) COOT Standard Specifications for Road and Bridge Construction, latest edition (d) COOT Standard Special Provisions, as applicable to project (e) COOT Standard Plans (M&S Standards) (f) AASHTO Roadside Design Guide 18. A new culvert may be required for this access. The drainage study will be used to size all culverts. As a minimum, an 18-inch culvert with protective end treatments will be required. The culvert shall be kept free of blockage to maintain proper flow and drainage. 19. Open cuts, which are at least 4 inches in depth, within 30 feet of the edge of the State Highway traveled way, will not be left open at night, on weekends, or on holidays, or shall be protected with a suitable barrier per State and Federal Standards. 20. The Permittee is responsible for obtaining any necessary additional Federal, State and/or City/County permits or clearances required for construction of the access. Approval of this access permit does not constitute verification of this action by the Permittee. P~rmittee is also responsible for obtaining all necessary utility permits in addition to this access PJlrmit. 21. All workers within the State Highway right of way shall comply with their employ~r's safety and health policies/procedures, and all applicable U.S. Occupational Safety and Health Administration (OSHA) regulations -including, but not limited to the applicable sections of 29 CFR Part 1910 -Occupational Safety and Health Standards and 29 CFR Part 1926 -Safety and Health Regulations for Construction. Personal protective equipment (e.g. head protection, footwear, high visibility apparel, safety glasses, hearing protection, respirators, gloves, etc.) shall be worn as appropriate for the work being performed, and as specified in regulation. 22. The Permittee is required to comply with the Americans with Disabilities Act Accessibility Guidelines (ADAAG) that have been adopted by the U.S. Architectural and Transportation Barriers Compliance Board (Access Board), and incorporated by the U.S. Attorney General as a federal standard. These guidelines provide requirements for design and construction. The current Standards Plans and can be found on the Design and Construction Project Support web page at: http://www.dot.state.co.us/DesignSupport/, then click on Design Bulletins. 23. COOT requires submission of SWMP plans on any projects where the area of COOT ROW impacted exceeds one acre. 24. On all COOT access permit projects where the developers are required to apply and obtain a CSP (Construction Storm Water Permit) from the respective regulatory agency, "The Permittee/Applicant is required to include the portion of COOT Rights of Way to be impacted by the construction of the access within their Construction Storm Water Permit (CSP). A notice to proceed will not be issued until the Permittee/applicant provides COOT region permit office with the proof of such inclusion on the developer's CSP. 25. It is the responsibility of the Permittee/applicant to determine which environmental clearances and/or regulations apply to the project, and to obtain any clearances that are required directly from the appropriate agency. Please refer to or request a copy of the "COOT Environmental Clearance Information Summary" for details. FAILURE TO COMPLY WITH REGULATORY REQUIREMENTS MAY RESULT IN SUSPENSION OR REVOCATION OF YOUR COOT PERMIT, OR ENFORCEMENT ACTIONS BY OTHER AGENCIES. STATE HIGHWAY ACCESS PERMIT 312039 Located on Highway 82A Frontage Road near MP 13.49 Left Issued to Larfarge West June 21, 2012 • ALL discharges are subject to the provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations. Prohibited discharges include substances such as: wash water, paint, automotive fluids, solvents, oils or soaps. • Unless otherwise identified by COOT or the Colorado Department of Public Health and Envfronment (CDPHE) Water Quality Control Division (WQCD) as significant sources of pollutants to the waters of the State, the following discharges to storm water systems are i:dlowed without a Colorado Discharge Permit System permit: landscape irrigation, diveited stream flows, uncontaminated ground water infiltration to separate storm sewers, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, footing drains; water line flushing, flows from ripa,ian habitats and wetlands, and flow from fire fighting activities. However, con,'.truction activities may require a Construction Stormwater Permit. Contact the COOT Water Quality Program Manager at 303-757-9343. • ANY OTHER DISCHARGES may require Colorado Discharge Permit(s) or separate permits from CDPHE or the appropriate agency before work begins. For additional information and forms, go to the CDPHE website at: _http://www.cdphe.state.co.us/wq/PermitsUnits/wqcdpmt.html. 26. Nothing in this permit shall prohibit the chief engineer from exercising the right granted in CRS 43-3-102 Including but not limited to restricting left hand turns by construction of physical medial separations. 27. A signed and approved temporary lease agreement is required if construction trailers are to be located on COOT ROW during construction. 28. During access construction no construction personal vehicles will be permitted to park in the state highway right-of-way. 29. The access shall be completed in an expeditious and safe manner and shall be completed within 45 days from initiation of construction within State Highway right-of-way or in accordance with written concurrence of the Access Manager. All construction shall be completed i 1 a single season. 30. All costs associated with any type of utility work will be at the sole responsibility and cost of the Permittee c;nd at no cost to COOT. 31. Any damagtJ to present highway facilities including traffic control devices shall be repaired immediately at no cost to the Department and prior to continuing other work. 32. Any mud or other material tracked or otherwise deposited on the roadway shall be removed daily or as r\rdered by the Department inspector. If mud is obvious condition during site constructior\, it is recommended that the contractor build a Stabilized Construction Entrance or Scrubber Pad at the intended construction access to aid in the removal of mud and debris from vehicle tires. The details of the Stabilized Construction Entrance are found in the M & S Standards Plan No. M-208-1. 33. A fully executed complete copy of this permit and the Notice to Proceed must be on the job site with the contractor at all times during the construction. Failure to comply with this or any other construction requirement may result in the immediate suspension of work by order of the Department inspector or the issuing authority. 34. All construction and inspection work must be under the direction of a Colorado Registered Professional Engineer. The PE's responsibilities include, but are not limited to: STATE HIGHWAY ACCESS PERMIT 312039 Located on Highway 82A Frontage Road near MP 13.49 Left Issued to Larfarge West June 21, 2012 (a) The PE shall evaluate compliance with plans and specifications with regard to the roadway improvements within the State right-of-way. The PE shall carefully monitor the contractor's compliance on all aspects of construction, including construction zone traffic control. (b) Engineering Certification: After inspection and before final acceptance, the Engineer shall certify to CDOT in writing that all inspections, materials, materials testing, and construction methods conform to the plans, specifications and purpose of design. Upon completion of the work, that responsible Engineer shall submit an "As Built" plans, showing in detail all approved construction changes, modification. 35. No work will be allowed at night, Saturdays, Sundays and legal holidays without prior authorization from the Department. The Department may also restrict work within the State Highway right-of-way during adverse weather conditions. 36. Areas of roadway and/or right-of-way disturbed during this installation shall be restored to their original conditions to insure proper strength and stability, drainage and erosion control. Restoration shall meet the Department's standard specifications for topsoil, fertilization, mulching, and re-seeding. Construction Completion & Final Acceptance I 37. The Permittee shall construct all improvements stated on this permit prior to an)i use as allowed by this permit. The Permittee shall notify the Permit Manager by certified mail within 1 0 working days to request a final inspection. This request shall include signed and sealed certification that all materials and construction have been completed in accordance with all applicable Department Standards and Specifications; and that the access is constructed in conformance with the State Highway Access Code, 2 CCR 601-1, and the terms and conditions included in this permit. The engineer of record shall be present for this inspection. The access serviced by this permit may not be opened to traffic until the COOT Access Manager provides written initial approval. 38. Following the final inspection, CDOT will prepare an Access Construction Inspection Summary Letter and send it to the applicant, Permittee, and engineer of record. If additional items are required to complete the access construction, a list of these items will be part of the access construction inspection summary letter. All required items and final as-built survey shall be completed within 30 days from receiving the Access Construction Summary Letter. The access serviced by this permit may not be opened to traffic until written approval nas been given from the COOT Access Manager. If all work appears to have been done in 'general close conformity with the above named permit, an initial acceptance letter will be sent to the Permittee and this access may be opened for traffic. 39. The 2 year warrantee period will begin when the initial acceptance letter is issued. In accordance with section 2.5(6) of the State Highway Access Code, if any construction element fails within two-years due to improper construction or material specifications, the Permittee shall be responsible for all repairs. Failure to make such repairs may result in suspension of the permit and closure of the access. The letter of final acceptance will be issuE:d once the access has been inspected and is found to comply with all material and constru,':tion in accordance with all applicable Department Standards and Specifications appro\. 2 years after initial acceptance. · COLORADO DEPARTMENT OF TRANSPORTATION Environmental Clearances Information Summary PURPOSE -This summary is intended to inform entities external to CDOT that may be entering the state highway right-of-way to perform work related to their own facilities (such as Utility, Special Use or Access Permittees), about some of the more commonly encountered environmental permits/clearances that may apply to their activities. This listing is not all-inclusive -additional environmental or cultural resource permits/clearances may be required in certain instances. Appropriate local, state and federal agencies should be contacted for additional information if there is any uncertainty about what permits/clearances are required for a specific activity. IMPORTANT-Please Review The Following Information Carefully -Failure to Comply With Regulatory Reauirements Mav Result In Susoension or Revocation of Your CDOT Permit, Or Enforcement Actions Bv Other Aaencies CLEARANCE CONTACTS -As indicated in the permiUclearance descriptions listed below, the following individuals or agencies may be contacted for additional information: • Colorado Department of Public Health and Environment (CDPHE): General Information -(303) 692-2035 Water Quality Control Division (WQCD): (303) 692-3500 Environmental p·,ermitting Website http://www.cdphe.state.co.us/permlts.asp. • CDOT Water Qualit/Program Manager: Rick Willard (303) 757-9343 http://www.coloradodot.info/programs/environmental/water- ill@!i!y ' • CDOT Asbestos Project Manager: Theresa Santangelo-Dreiling, (303) 512-5524 • Colorado Office of Archaeology and Historic Preservation: (303) 866-3395 • U.S. Army Corps oflngineers, District Regulatory Offices: . Omaha District (N, · Colorado), Denver Office (303) 979-4120 http://www.nwo.usace.army.mil/html/od-tl/tri-lakes.html Sacramento Dist. ;Western CO), Grand Junction Office (970) 243-1199 http://www.spk.usace.army.mil/cespk-co/regulatory/ Albuquerque District (SE Colorado), Pueblo Reg. Office (719)-543-6915 http://www.spa.usace.army.mil/reg/ • CDOT Utilities, Special Use and Access Permittina: (303) 757-9654 htto://www.dot.state.co.us/Permits/ Ecological Resources -Oisturbance of wildlife shall be avoided to the maximum extent practicable. Entry into areas of known or suspected threatened or endangered species habitat will require special authorization from the CDOT permitting office. If any threatened or endangered species are encountered during the progress of the permitted work, work in the subject area shall be halted and the CDOT Regional Permitting Office and Region Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Information about threatened or endangered species may be obtained from the CDOT website, http://coloradodot.info/programs/environmental/wildlifelguidelines, or the Colorado Division of Wildlife website http://wildlife.state.co.us/WildlifeSpecies/SpeciesOfConcernl. Additional guidance may be provided by the appropriate Reoion Ptannina and Environmental Manaoer (RPEM). Cultural Resources -The applicant must request a file search of the.permit area through the Colorado Office of Archaeology and Historic Preservation (OAHP), Denver, to ascertain if historic or archaeological resources have previously been identified. Inventory of the permit area by a qualified cultural resources specialist may be necessary, per the recommendation of CDOT. If archaeological sites/artifacts or historic resources are known to exist prior to the initiation of the permitted work or are encountered as the project progresses, all work in the subject area shall be hatted and the CDOT Regional Permitting Office and Region Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office and RPEM. Contact Information: Contact the OAHP for file search at (303) 866-3395. Paleontoloqical Resources -The applicant must request a fossil locality file search through the University of Colorado Museum, Boulder, and the Denver Museum of Nature and Science to ascertain if paleontological resources have been previously identified. Inventory of the permit area by a qualified paleontologist may be necessary, per the recommendation of CDOT. If fossils are encountered during the permitted work, all work in the subject area shall be halted and the CDOT Regional Permitting Office and Region Planning and En<;ironmentat Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Ad~itionat guidance may be provided by the Regional Permitting Office in the Permit Special Provisions. Contact Information: Contact the CDOT Paleontologist at (303) 757-9632. Hazardous Materials. Solid Waste-The Solid Wastes Disposal Sites and Facilities Act C.R.S. 30-20-100, et at, and Regulations Pertaining to Solid Waste.Disposal Sites and Facilities (6 CCR 1007-2), prohibit solid waste disposal without an approved Certificate of Designation (a tandfillfermit). The Colorado Hazardous Waste Act C.R.S. 25-15-301 et al, and the Colorado Hazardous Waste Regulations (6 CCR 100 ·-3) prohibitthe transfer, storage or disposal (TSD) of hazardous waste except at permitted TSD sites. There are no permitted tandfiltslbr TSD sites within the State Highway Right a/Way. Therefore, all solid or hazardous wastes that might be generated by the activities of entities entering the State Highway Right of Way must be removed from the ROW and disposed of at a permitted facility or designated collection point (e.g., for solid waste, a utility or construction company's own dumpster). If pre-existing solid waste or hazardous materials contamination (including oil or petroleum contaminated soil, asbestos, chemicals, mine tailings, etc.) is encountered during the performance of work, the permittee shall halt work in the affected area and immediately contact the CDOT Regional Permitting Office for direction as to how to proceed. Contact Info: Andy Fturkey, CDOT Hazardous Materials Project Manager, (303) 512-5520. Asbestos Containing Materials. Asbestos Contaminated Soil -All work on asbestos containing materials (ACM) must comply with the applicable requirements of the CDP HE Air Pollution Control Division's (APCD) Regulation 8. Disposal of ACM, and work done in asbestos-contaminated soil, must comply with the CDPHE Hazardous Materials and Waste Management Division's (HMWMD) Solid Waste Regulations. The application for any CDOT permit must specifically identify any ACM involved in the work for which authorization is being requested. Additional guidance br requirements may be specified in the permit special provisions. Contact Info: CDPHE APCD and HMWMD Regulations can be accessed via 'the CDPHE Environmental Permitting Website listed above. Additional information concerning clearance on CDOT projects is available from the CDOT Asbestos Project Manager (303) 512- 5519, or Theresa Santanaeto-Dreilino, Propertv Manaaement Supervisor (303) 512-5524. Environmental Clearances Information Summary Page 1 of3 Colorado Department of Transportation December '10 Transportation of Hazardous Materials -No person may offer or accept a hazardous material for transportation in commerce unless that person is registered in conformance with the United States Department of Transportation regulations at 49 CFR, Part 171. The hazardous material must be properly classed, described, packaged, marked, labeled, and in condition for shipment as required or authorized by applicable requirements, or an exemption, approval or registration has been issued. Vehicles requiring a placard, must obtain authorization and a State HAZMAT Permit from the Colorado Public Utilities Commission. Contact Information: For authorization and more info call the Federal Motor Safety Carrier Administration, US DOT for inter-and intra-state HAZMAT Reoistration /303) 969-6748. Colorado Public Utilities Commission: (303) 894-2868. . Discharge of Dredged or Fill Material -404 Permits Administered By the U.S. Army Cor~s of EngineE\)'.s, and Section 401 Water Quality Certifications Issued by the CDPHE WQCD -Corps of Engineers 404 Permits are requirec/jfor the discharge of dredged or fill materials into waters of the United States, including wetlands. There are various types of 4041,Permits, including N.ationw~d~. Permits, which are issued for activities with relatively minor impacts. For example, there is a Na\ionwide Permit for Utility Line Act1V1t1es (NWP #12). However, depending upon the specific circumstances, it is possible that either a:'\General" or "Individual" 404 permit would be required. If an Individual 404 Permit is required, Section 401 water quality certification from the CDP HE WQCD is also required. Contact the appropriate Corps District Regulatory Office for information about what type 011404 permit may be required /contact information above). Contact the CDP HE Water Qualitv Control Division at (303) 692-350d: Working on or in any stream or its bank -In order to protect and preserve the state's fish and wildlife resources from actions that may obstruc;:t, diminish, destroy, change, modify, or vary a natural existing stream or its banks or tributaries, 1-it may be necessary to obtain a Senate Bill 40 certification from the Colorado Department of Natural Resources. A stream is defined as 1) represented by a solid blue line on USGS 7.5' quadrangle maps; and/or 2) intermittent streams providing live water beneficial to fish and wildlife; and/or 3) segments of streams supporting 25% or more cover within 100 yards upstream or downstream of the project; and/or 4) segments of streams having wetlands present within 200 yards upstream or downstream of the project. The Colorado Division of Wildlife (CDOW) application, as per guidelines agreed upon by COOT and CDOW, can be accessed at httn://www. coloradodot. lnfo/nronrams/environmental/wild life/nuidelines. Stormwater Construction Permit {SCP} and Stormwater Discharge From Industrial Facilities -Discharges of stormwater runoff from construction sites disturbing one acre or more -or certain types of industrial facilities, such as concrete batch plants -requires a COPS Stormwater Construction Permit. Contact Information: For Utility/Special Use activities being performed in conjunction and coordination with a COOT highway construction contract, please'contact the COOT Water Quality Program Manager at (303) 757- 9343. Otherwise, contact the CDPHE Water Quality Control Division at (303) 692-3500. Website: htto:/ /www. cd ohs.state. co. us/wo/PermitsU nit/index. html. Construction Dewatering (Discharge or Infiltration) -Discharges of water encountered during excavation or work in wet areas may require a Construction Dewatering Discharge Permit. Contact Information: For Construction Dewatering Discharge Permits, contact the CDP HE WQCD at (303) 692-3500. For Dewatering Application and Instructions, see Section 3 at the CDPHE website: htto://www.cdohe.state.co.us/wa/PermitsUnit/FORMSandAnnlications/AhhSandformsnewoaae.html Municipal SelJarate Storm Sewer System {MS4} Discharge Permit-Discharges from the storm sewer systems of larger municipalities, and from the COOT highway drainage system that lies within those municipalities, are subject to MS4 Permits issued by the CDPHE WQCD. For facilities that lie within the boundaries of a municipality that is subject to an MS4 permit, the owner of such facility should contact the municipality regarding stormwater related clearances that may have been established under that municipality's MS4 permit. All discharges to the COOT highway drainage system or within the Right of Way~ROW) must comply with the applicable provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Reg,~lations Permit# COS- 000005 (httg://www.coloradodot.info/grograms/enviranmental/water-gualittidocuments/CD0T%2DMS4%20Permit.doc/view) and COR-030000 (httg://www.cdghe.state.co.us/wg/PermitsUriit/PERMITs/SWgermitsrats/SWConstructionPErniit.gdD. Discharges are subject to inspection by COOT and CDHPE. Contact the CDPHE Water Quality Control Division at (303) 69_2-3500 for a listing of municipalities reouired to obtain MS4 Permits, or go to httg://www.cdghe.state.co.us/wg/germitsunit/MS4/MS'lPermittees.gdf. General Prohibition -Discharges -All discharges are subject to the provisions of the Colorado Water Qu~lity Control Act and the Colorado Discharge Permit Regulations. Prohibited discharges include, but are not limited to, substances s6ch as wash water, paint, automotive fluids, solvents, oils or soaps and sediment. Allowable non-stormwater discharges can be found ·at http://www.caloradodot.info/programs/environmental/water-quality/glossary. htm l#Allowable Discharge. Contact Information: Contact the COOT Water Quality Program Manager at (303) 757-9343, or the Colorado Department of Public Health'and Environment, Water Qualitv Control Division at (303) 692-3500. General Authorization -Allowable Non-Stormwater Discharges -Unless otherwise identified by COOT or the WQCD as significant sources of pollutants to the waters of the State, the following discharges to stormwater systems are allowed without a Colorado Discharge Permit System permit: landscape irrigation, diverted stream flows, uncontaminated ground water infiltration to separate storm sewers, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, uncontaminated springs, footing drains; water line flushing, flows from riparian habitats and wetlands, and flow from fire fighting activities. Contact Information: The COOT Water Quality Program Manager or the CDPHE Water Quality Control Division (telephone #'s listed above). Erosion and Sediment Control Practices -For activities requiring a Stormwater Construction Permit, erosion control requirements will be specified through that permit. In those situations where a stormwater permit is not required, all reasonable measures should be taken in order to minimize erosion and sedimentation according to COOT 208 specifications. In either case, the COOT Erosion Control and Stormwater Quality Guide (most recent version) should be used ta design erosion controls and to restore disturbed vegetation. Contact Information: The COOT Erosion Control and Stormwater Quality Guide may be obtained from the Bid Plans Office at (303) 757-9313 or from: httg://www.dot.state.co.us/environmental/envWaterQual/wgms4.asg Error! Hyperlink reference not valid. Disposal of Drilling Fluids -Drilling fluids used in operations such as Horizontal Directional Drilling may be classified as "discharges" or "solid wastes", and in general, should be pumped or vacuumed from the construction area, removed from the State Highway Right of Wav, and disposed of at permitted facilities that specificallv accept such wastes. Disposal of drillino fluids into storm drains, storm Environmental Clearances Information Summary Page 2 of 3 Colorado Department ofTranspofition December '1 O 'i sewers, roadside ditches .or any other type of man-made or natural waterway is prohibited by Water Quality Control and/or Solid Waste regulations. Small quantities of drilling fluid solids (less than 1 cubic yard of solids) may be left on-site after either being separated from fluids or after infiltration of the water, provided: 1) the drilling fluid consists of only water and bentonite clay, or, if required for proper drillin@ properties, small quantities of polymer additives thatare approved for use in drinking water well drilling; 2) the solids are fully contai~ed in a pit, and are not likely to pose a nuisance to future work in the area, 3) the solids are covered and the area restored as requireq by CDOT permit requirements (Utility, Special Use, or Access Permits, etc.). Contact Information: Contact the CDOT I CDPHE Liaison or CDOT Water Quality Proo ram Manaoer. Concrete Washout -W 05te generated from concrete activities shall NOT be allowed to flow into the drainage ways, inlets, receiving waters, or in the COOT ~iJW. Concrete waste shall be placed in a temporary concrete washout facility and must be located a minimum of 50 feet fromr-state waters, drainageways, and inlets. Concrete washout shall only be performed as specified by the CDOT Environmental Program ~nd shall be in accordance to CDOT specifications and guidelines. Contact Information: Contact the CDOT Water Quality Program Manager at (303) 757-9343. Website: http://www.coloradodot.info/programs/environmental/water- guality/revised-m-standards; refer to the link Revision of Sections 101, 107, 208, 213 and 620 Water Qua/it~ Control One or More Acres of Disturbance for additional nuidance. Spill Reporting -Spills shall be contained and cleaned up as soon as possible. Spills shall NOT be washed down into the storm drain or buried. All spills shall be reported to the CDOT Illicit Discharge Hotline at (303) 512-4446 (4H20), as well as the Regional Permitting Office and Regional Maintenance Supervisor. Spills on highways, into waterways, any spill in the highway right-of-way exceeding 25 gallons, or that may otherwise present an immediate danger to the public shall be reported by calling 911, and shall also be reported to the CDPHE at 1-877-518-5608. About This Form -Questions or comments about this Information Summary may be directed to Alex Karami, CDOT Safety & Traffic Engineering, Utilities Unit, at (303) 757-9841, mailto:alex.karami@dot.state.co.us. ,, l,. Environmental Clearances lnf9rmation Summary Page 3 of3 I' Colorado Department of Transportation December '1 O i ~ Storage Yard Application 2020   39 | Page      Garfield County Access Permit  (attached)                                  Garfielcf ~ounty_--_l Application for Driveway Permit Persou Obt"i11i11g Permit: Crysf{l/ Rane!, Co,p App/ic{ltio11 Date: 7116/2012 Co1111ty Ro"d Number: 103 District: Gle11wood Permit Number: GRB12-D-15 Termi11atio11 Date: 7/31/2013 Inspector: Mike Prel,m hereby requests permission and authority from the Board of County Commissioners to constrnct a driveway approach (es) on the right-of-way off of County Road, 1031 490' +/-North of HWY 82, located on the West side of road for the purpose of obtaining access to property. Applicant submits herewith for the consideration and approval of the Board of County Commissioners, a sketch of the proposed installation showing all the necessaty specification detail including: I. Frontage of lot along road. 2. Distance from centerline of road to property line. 3. Number of driveways requested 4. Width of proposed driveways and angle of approach. 5. Distance from driveway to road intersection, if any. 6. Size and shape of area separating driveways if more than one approach. 7. Setback distance of building(s) and other structure improvements. 8. No unloading of equipment on county road, any damage caused to county road will be repaired at subdivision expense. 9. Responsible for two years from the date of completion. General Provisions 1) The applicant represents all patties in interest, and affirms that the driveway approach (es) is to be constructed by him for the bona fide purpose of seeming access to his property and not for the pmpose of doing business or servicing vehicles on the road right of way. 2) The applicant shall furnish all labor and materials, perform all work, and pay all costs in connection with the constrnction of the driveway(s). All work shall be completed within thirty (30) days of the permit date. 3) The type of constrnction shall be as designated and/or approved by the Board of County Commissioners or their representative and a'II materials used shall be of satisfactory quality and subject to inspection and approval of the Board of County Commissioners or their representative. 4) T he traveling public shall be protected during the installation with proper warning signs and signals and the Board of County Commissioners and their duly appointed agents and employee shall be held harmless against any action for personal injury or property damage sustained by any reason of the exercise of the Permit. 5) The Applicant shall assume responsibility for the removal or clearance of snow, ice, or sleet upon any portion of the driveway approach (es) even though deposited on the driveway(s) in the comse of the County snow removal operations. 6) In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall be surely braced before the fence is cut to prevent any slacking of the remaining fence and all posts and w ire removed shall be turned over to the District Road Supervisor of the Board of County Commissioners. 7) No revisions or additions shall be made to the driveway(s) or its appmtenances on the right-of-way without written permission of the Board of County Commissioners. 8) Provisions and specifications outlined herein shall apply on all roads under the jurisdiction of the Board of County Commissioners of Garfield County, Colorado, and th e Specifications; set fmth on the attached hereof and incorporated herein as conditions hereof. 9) Final inspection of d1'iveway will be required upon completion and must be approved by person issuing permit or representative of person issuing permit. The inspection and sign off nrnst be done prior to any CO from the Building and Planning Department being issued. Special Conditions: 1. Driveway Width-48' 2. Culvet·t required? Trne Size: 18 inch by 150' 3. Asphalt or concrete (>ad required? True Size of pad: Entire Drive is Aspalt 4. Gravel portion required? False Length: NIA 5. Trees, brush and/or fen ce need to be removed for visibility? False 6. Dis tan ce and Directiou:N/A 7. Certified Traffic Control Required? Trne 8. Work zone signs required? True 9. Sto1> Sign Required at enfl•ance to County Road In signing this application and upon receiving authorization and permission to install the driveway approach (es) described herein the Applicant signifies that he has read, understands and accepts the foregoing provisions and conditions and agrees to constrnct the dr iveway(s) in accordance with the accompanying specification plan reviewed and approved ~ard of County Commissioners. Signed, ~ &-~=- 13>, \ \ ~ .. -..,""\ \.. -Lo.~o.~~c. \...k~~\"'?=-{:..M Address: VD y ro.wex: ~<£ J,b:i~ b'?"'-"'s>•C,P ~<oo2 Telephone Number: __ q...;..1_0 _-_7_()_4 _-_4'-7-~=---3.....__ __ Permit granted 7/16/2012, subject to the provisions, specifications and conditions stipulated herein. ssioners' of Garfield County, Colorado: -----Representative of Garfield Cotfoty R oad and Bridge Signature S~cifications 1. A driveway approach is understood to be that po11io11 of the county road right-of way between the pavement edge and the prope11y line that is designed and used for the interchange of traffic between the roadway and abutting prope11y. 2. At any intersection, a driveway shall be restricted for a sufficient distance from the intersection to preserve the normal and safe movement of traffic. (It is recommended for rural residence entrances that a minimum intersection clearance of 50 feet be provided and for rural commercial entrances a minimum of 100 feet be provided.) 3. All entrances and exits shall be so located and constructed that vehicles approaching or using them will be able to obtain adequate sight distance in both directions a long the county road in order to maneuver safely and without interfering with county road traffic. 4. The Applicant shall not be permitted to erect any sign or display material, either fixed or movable, Oil or extending over any portion of the county road right-of-wa y. 5. Generally, no more than one approach shall be allowed any parcel or property the frontage of which is less than one hundred (l 00) feet. Additional entrances or exits for parcels having a frontage in excess of one hundred 100) feet shall be permitted only after showing of actual convenience and necessity. 6. All driveways shall be so located that the flared portion adjacent to the traveled way will not encroach upon adjoining propeiiy. 7. No commercial driveway shall have a width greater than thirty (30) feet measured at ri ght angles to the centerline of the driveway except as increased by permissible radii. No noncommercial driveway shall have a width greater than twenty (20) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii. 8. The axis of an approach to the road may be at a right angle to the centerline of the county road and of any angle between ninety (90) degrees and sixty (60) degrees but shall not be less than sixty (60) degrees. Adjustment will be made according to the type of traffic to be served and other physical conditions. 9. The construction of parking or servicing a.-eas on the county road right-of-way is specifically prohibited. Commercial establishments for customer vehicles should provide off-the-road parking facilities. l 0. The grade of entrance and exit shall slope downward and away from the road surface at the same rate as the normal shoulder slope and for a distance equal to the width of the shoulder but in no case less than twenty (20) feet from the pavement edge. Approach grades are restricted to not more than ten percent ( 10% ). l 1. All driveways and approaches shall be so constructed that they shall not interfere with the drainage system of the street or county road. The Applicant will be required to provide, at his own expense, drainage structures at entrances and exits, which will become an integral pait of the existing drainage system. The Board of County Commissioners or their representative, prior to insta ll ation, must approve the dimensions and types of all drainage structures. Note: This pennit shall be made available at the site where and when work is being done. A work sketch or drawing of the proposed driveway(s) must accompany application. No permit will be issued without ch·awing, blueprint, or sketch. Storage Yard Application 2020   39 | Page      Storm Water Management Plan  (attached)                                          #LAFARGE £-NORTH AMERICA Stormwater Management Plan Powers Pit Garfield County, Colorado PERMIT NO. COG-501127 Revised: January 2015 Contents PLAN CERTIF ICATION ................................................................................................................................ 3 SECTION 1 .................................................................................................................................... 4 DESCRIP TION OF I NDUSTRIALA CTI VITIES .................................................................................................. 4 SECTION 2 .................................................................................................................................... 6 S ITE MAP ................................................................................................................................................... 6 SECTION 3 .................................................................................................................................... 7 STORMWATER MANAGEMENTCONTROLS ................................................................................................... 7 SWMP Administration Team ................................................................................................... 7 Sampling Ieformation ........................................................................................................... 10 History of Significant Spills or Leaks of Toxic or Ha zardous Materia ls .............................. 11 Preventative Maintenance .................................................................................................... 12 Good Housekeeping .............................................................................................................. 13 Materials Handling, Sp ill Prevention and Response Procedures ........................................ 14 Employee Training ................................................................................................................ 15 Identification of Discharge other than Stormwater .............................................................. 16 SECTION 4 .................................................................................................................................. 17 COMPREHENSI VE INSPECTIONS ............................................................................................................... 1 7 REFERENCE DOCUMENTS. ................................................................................................................ 18 APPENDIX A APPENDIXB APPENDIX C APPENDIXD Plan Certification Facility Name: Facility Type: NPDES General Permit Number: Date that initial operation began: Facility Address: Site Contact: Operation Schedule: Number of Employees: Powers Pit Construction Sand and Gravel (SlC Code 1442) COG-501127 Lafarge Operations began in 2001 14156 Highway 82 Carbondale, CO 81623 Sean Frisch, Land Manager, 720-320-2451 Christine Felz, Environmental Manager, 303-809-7231 Facility not operating, reclamation ongoing 0 I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the infonnation, the information submitted is, to the best of my knowledge and beliet: true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, -including the possibility of fine and imprisonment for known violations. This Storm Water Management Plan will be implemented as herein described. Brett Baker Name VP, Aggregates Signature Date SECTION 1 Description of Industrial Activities This SWMP has been prepared for the Powers Pit facility in Garfield County. FIGURE I identifies the general location of the facility, as well as the nearest receiving waters . Industrial activities present at the site are as follows: □ STOCKPILING (Check if applicable) ~ OVERBURDEN AND TOP SOIL Stockpiles may occur in the form of earthen berms. □ SAND AND GRAVEL Raw and processed aggregates are stockpiled for future use. □ AGGREGATE MIX FOR CONCRETE PRODUCTION Aggregate can be stored in stockpiles, and loaded into a ground hopper as needed, and then conveyed to the plant. Material may also be loaded directly into a series of hoppers located above the plant that directly discharge into the plant. D AGGREGATE MIX FOR ASPHALT PRODUCTION Raw material can be stockpiles or put into storage bins. □ ASPHALT MILLING The existing roadway is milled, emptied into haul trucks and hauled off-site. □ ASPHALTPAVING Hot mix asphalt is transported to the project from a production plant located off-site. It is then placed , compacted and rolled according to project specifications. □ ASPHALT MANUFACTURING A hot-mix asphalt plant blends together aggregate and asphalt cement to produce a hot, homogeneous asphalt paving mixture, which is then hauled to off-site construction projects. The aggregate used can be a single material, such as a crusher run aggregate or a pit run material, or it can be a combination of coarse and fine aggregates, with or without mineral filler. The binder material used is normally asphalt cement but can also be an asphalt emulsion or one of a variety of modified materials. Various additives, including liquid and powdered materials, can also be incorporated into the mixture. Activities at these sites may include the following: raw material unloading into stockpiles or storage tanks, raw material feed to plant, material batching, raw material storage area, recyclable asphalt disposal area, truck wash out, and water supply and settling lakes. □ READY MIXED CONCRETE, CENTRAL BATCHING These operations mix sand, gravel, cement, and water together to fo1m ready mix concrete, which is then hauled to off-site construction projects. The raw materials are made up of sand, grave l, cement, water and additives. The sand and gravel is either stored in stockpiles located outside and fed into the plant via loaders and conveyors, or it is stored directly in a series of hoppers located directly above the central plant. The remaind e r of the raw materials is stored in tanks to protect them from exposure to moisture and temperature until they are pumped into the mixer. Once the raw materials are fed into the central mix er and combined to form Ready Mix concrete, the final product is placed within trucks and removed from th e si te. □ READY MIXED CONCRETE, DRY BATCHING These operations apportion out a mix of sand, gravel, cement, and water together, which is then mixed within the truck to form Ready Mixed concrete that is hauled to off-site construction projects . The raw materials are made up of sand, gravel, cement, water and additives. The sand and gravel is either stored in stockpiles located outside and fed into the plant via loaders and conveyors, or it is stored directly in a series of hoppers located directly above the central plant. The remainder of the raw materials is stored in tanks to protect them from exposure to moisture and temperature until they are pumped into the mixer. Dry batching then apportions out and dumps the raw materials into the concrete truck-mounted mixer where it is continually agitated and mixed to keep it from hardening before it arrives on the assigned job site. □ EQUIPMENT FUELING Diesel and/or gasoline tanks are located on site for fueling of equipment. Off-s ite vendors refill tanks as needed. □ EQUIPMENT MAINTENANCE The site contains a shop area where necessary maintenance can be conducted for site equipment. Typical chemicals associated with maintenance, such as used oil, antifreeze, motor oil , hydraulic oil, brake fluid , etc, may be stored on site as needed. All chemicals are stored in such a manner as to prevent materials from mixing with stormwater or being accidentally discharged off site or to waters of the U.S. □ EQUIPMENT WASHING The site contains washout pits where concrete mixer trucks are washed out after deliverie s are made . Washout pits are located at least 50 feet away from storm drains , open ditches , or other water bodies. There is no runoff from this area. [f possible a below grade washout pit is used. Washout pit never exceeds 75% full. □ WASTE TREATMENT Waste generated on site is recycled , taken to landfills, exchanged or returned . SECTION2 Site Map The site specific map may be found in Appendix B, which indicates site-specific characteristics and BMPs implemented at the Powers Pit. The site comprises 66.2 acres . The site has been determined to be within a single drainage area. The entire site is graded to retain all water. The nearest receiving water that may receive storm water flows from the facility is the Crystal Creek located to the west and the Roaring Fork River which is located to the south of the facility (FIGURE I). The following is a list of specific information, if applicable, included on the Site Map: ✓ Site boundary ✓ Access & haul roads ✓ Stormwater outfalls and an outline of each drainage area for each outfall ✓ An estimate of the direction of flow ✓ Material handling areas ✓ Each structural control measure to help reduce pollutants in stormwater runoff ✓ Areas used for storage or disposal of overburden, materials, soils, or wastes ✓ Areas used for mineral milling & processing ✓ Springs, streams, wetlands and other surface waters ✓ Location of mine drainage or any other process water discharge points ✓ Boundary of tributary area that is subject to effluent limitations ✓ Date the map was prepared and subsequent revision dates ✓ Locations of potential pollutant sources ✓ Locations of sampling points SECTION3 Stormwater Management Controls This section describes the development and implementation of stormwater management contro ls specifically designed for Powers Pit including: SWMP Administration, identification of potential pollutant sources and Best Management Practices (BMPs), samp lin g information , preventative maintenance, good housekeeping techniques, Sp ill Prevention and Response Procedures, emp lo yee training, and id entifi cation of discharges other than stormwater. SWMP Administration Team Team Members Responsibilities Name: Sean Frisch -Ass ist in plan deve lopm e nt Title: Land Manager -Adv ise Environm e ntal Gro up of s it e chan ges Phone: 720-320-245 1 Name: Brett Baker -Review & Certify Plan Title: VP/GM Phone: 816-332-0770 Name: C hri sti ne Fe lz -Comp lete plan and maps Title: E nv ironm ental Manager -Update plans as informed of c ha nges Phone: 303-809-7231 -Fac ility inspections -Emp lo yee Trainin g NOTE: Any team member may designate other trai ned personnel to co ndu ct a facility inspection. Identification of Potential Pollutant Sources and Best Management Practices SEE APP END IX D Sampling Information Schedules for Monitoring Sampling Pollutant Parameters to be Location Sampled Discharge Point Flow 001A, 002A Discharge Points pH 001, 002A Discharge Po ints Oil and Grease 001A, 002A D ischarge Points TSS 001A, 002A Discharge Points TDS 001A, 002A Procedures for Monitoring Monitoring Numeric Schedules Limitations Continuous N/A 2/Month 6.5 -9.0 2/Month 10 mg/I 2/Month 7 -day -45 mg/I 30-dav -30 mq/I Quarterly N/A This site does not discharge stormwater or process water. However, should discharge occur, Lafarge personnel will collect samples according following the methodologies provided in the cun-ent edition of 40 CFR 136. Typically, Lafarge sends samples to Pace Analytical for analysis . History of Significant Spills or Leaks of Toxic or Hazardous Materials Date Description of Spill or Leak-Location, Material, Quantity, Remediation Actions No reportab le sp ill s or leaks in the last 3 years Preventative Maintenance This facility is in the process of reclamation and as such, there is no maintenance needed. The facility has been re-graded and seeded. As required by the permit, a stormwater inspection will be conducted annually. Good Housekeeping NI A -section does not apply; site is in reclamation process Materials Handling, Spill Prevention and Response Procedures This facility does not store petroleum products. However, sho uld it be needed, training and procedures estab li shed under SPCC rules wi ll be applied to a ll petroleum storage within the faci li ty . Secondary containment wi ll be provided for the fuels and lubri cating oi l tanks should releases occur. Removal of accumulated liquid s from the containments is accomplished by use of absorbents, portable pump, or other technique, and waste material is properly disposed of. In the event that a spi ll occurs: o Do- ■ Shut off supp ly, stop leak (if possible) • Shut of ignition sources • Contain sp ill and/or dike ahead of spi ll • Notify Plant Manager. If the spi ll leaves the site or is greater than 25 gallon s, the Plant Manager w ill notify Environmental Group. • Protect adjacent people, property, surface waters, and equipment from contact with spi ll • Look to Material Safety Data Sheets (MSDS) for clean up guidance • Fo llow site SPCC plan • Place absorbents, dirt, or other so lid materials in a non-leaking container and dispose of according to state and federal regulations o Don't- ■ ■ ■ ■ Smoke Risk personal injury Wash down spi ll with water Cover and not c leanup sp ill Employee Training Training of personnel is conducted annually to educate employees, at all levels ofresponsibility, about the components and objectives of the storm water management plan for the site. The training scope will include the following topics: Spill Prevention Spill Response Good Housekeeping Techniques Materials Management Sediment & Erosion Prevention Definition of Process Water Best Management Practices in Place and Proper Maintenance Records of personnel training conducted, including personnel in attendance, date of training, and scope of training are available through the facility manager. Contractors and temporary personnel are informed of site specific design features and operations on their first visit to the site. Identification of Discharge other than Stormwater The site current ly has no process water discharge. T he ready mix plant on s ite is owned a nd operated by O ld Castle Materials a nd they are responsible for water associated with t he production of ready mix concrete. Shou ld sub seq ue nt water u ses be initi ated on site, these water sources will be identified in the table be low: Permitted No Control Types of Discharge Process Un permitted Exempt Discharge Measures Water Transpo1t Discharge X Equipment Wash Water X Dust Co ntrol (roads) X Irrigation return flows X Other Agric ultu ral discharge X Fire Fighting discharges X Foundatio n Draining(SUMP) X Spr in gs X Pit Dewatering X Other SECTION 4 Comprehensive Inspections A comprehensive inspection will be performed by a qualified individual once per year according to the permit. All records and reports are to be maintained with the plan at the managing office. Any potential sources of pollution identified in the SWMP in accordance with the permit shall be inspected for evidence of, or the potential for, pollutants entering the drainage system. Structural stormwater management measures, sediment and control measures , and other structural pollution prevention measures identified in the plan shall be observed to ensure that they are operating correctly. A visual inspection of equipment needed to implement the plan , such as spill response equipment, shall be made. Based on the results of the inspection , the description of potential pollutant sources and pollution prevention measures identified in the plan shall be revised as appropriate. Such revisions shall provide for implementation of any changes to the plan in a timely manner, but in no case more than 90 days after the inspection. REFERENCE DOCUMENTS The following is a list of documents that are kept at the nearest office and may be viewed upon request: • COPS General Permit for COG-500000 • Stormwater Inspection Repotis • Annual Reports • Stormwater Training Sign-in Records APPENDIX A Figure 1 General Location Map APPENDIXB Figure 2 Site Specific Map >owers Aggregates Site Specific Map ~reated by C.Felz on 3/11/15 APPENDIXC Stormwater Inspection Form APPENDIXD BMP Identification FIGURE 3 Identification of Potential Pollutant Sources/ Best Management Practices Industrial Activity (Materials Inventory) Haul Roads Disturbed Areas (Erosion Control) Loading/Unloading Operations (Aggregate Unloading) Stockpiles of overburden, raw material, intermediate products, byproducts, finished products (Sand and Gravel Storage Piles) Areas used for recycling of asphalt or concrete (Recyclable Concrete Piles) Areas used for recycling of asphalt or concrete (Recyclable Asphalt P iles) Outdoor Storage Activities (Lime Storage Silo) Outdoor Storage Activities (Boneyard) Outdoor Storage Act ivities (Unleaded Fuel Tank) Outdoor Storage Activities (Used Oil) Continued on next page Potential Impact on Receiving Water (Potential Pollutants Present) N/A No disturbed areas, entire site is seeded NIA N/A N/A N/A N/A N/A N/A N/A Likelihood of Contributing Pollutants to Stormwater On Site N/A N/A N/A N/A N/A NIA N/A NIA N/A N/A Best Management Practices (Date Implemented) N/A Vegetation Site Grading NIA N/A N/A N/A N/A NIA N/A N/A ' i I Additional/Added BMPs (Date Implemented) ··---------·---- ··--- ~---------·---···--- 1 I r- l I I j I . ---------- FIGURE 3 Identification of Potent ial Pollutant Sources/ Best Management Practices I I L ________ Outdoor Storage Activities NIA NIA NIA ' ------(Diesel Tanks) ! I I i I I I Outdoor Storage Activities I -·~·-NIA I NIA NIA -----(Calcium Chloride Storage) I I I Outdoor Storage Activities NIA NIA NIA (Concrete Admixtures) i I Outdoor Storage Activities NIA -NIA NIA (Asphalt/Concrete Truck Cleaners) Outdoor Storage Activities I NIA I NIA NIA (Truck Parking) Outdoor Storage Activities NIA ~-NIA NIA (Cement Storage Silo) I i -------Significant dust or particulate generating NIA NIA NIA I processes (Batching) I On -site waste disposal practices I NIA NIA NIA I (Trash, Recycling) l I ' I I I Presence of salt piles NIA NIA NIA Routine Maintenance Activities NIA NIA NIA (Washout Pits) Routine Maintenance Activities NIA NIA f-----NIA (Shop/Equipment Maintenance) Miscellaneous I NIA NIA NIA I Storage Yard Application 2020   40 | Page        CRC/Oldcastle Lease  (attached)    FIFTH AMENDMENT TO LEASE AGREEMENT THIS FIFTH AMENDMENT TO LEASE AGREEMENT (this "Fifth Amendment") is made and entered into effective as of the ~ day of March, 2014, by and between CRYSTAL RANCH CORP., a Colorado corporation ("Lessor"), and OLDCASTLE SW GROUP, INC., a Colorado corporation ("Lessee"). RECITALS WHEREAS, Lessor (as current assignee of the Estate of John G. Powers, Deceased) and Lessee (as current assignee of Roaring Fork Sand & Gravel Company, Inc .) are all of the parties to that certain Lease Agreement dated April 19, 2001 (the "Original Lease Agreement") covering the portion of the John Powers Ranch in Garfield County, Colorado that i s more particularly described on Exhibit A to th e Lease Agreement (the "Leased Premises"), as amended by First Amendment to Lease Agreement dated June 22, 2001 (the "First Amendment"), by letter agreements dated October 30, 2002 and May 21, 2003 (the "Letter Amendments"), by Second Amendment to Lease Agreement dated June 3 0, 2008 (the "Second Amendment"), by Third Amendment to Lease Agreement dated September 18, 2009 (the "Third Amendment"), and by Fourth Amendment to Lease Agreement dated November 15, 2010 (the "Fourth Amendment"), and the Short Term Lease Extension dated effective April 28, 2013 and Second Short Term Lease Extension dated September 13, 2013 and Third Short Term Lease Extension dated October 1 8, 2013, the Fourth Short Term Lease Extension dated November 20, 2013 and Fifth Short Term Lease Extension dated effective January 24, 2014 (collectively, as amended by this Fifth Amendment, the "Lease Agreement", or the "Lease"); and WHEREAS, pursuant to the terms of that certain Assignment and Assumption of Leases Agreement dated July 19, 2013 between Lafarge West, Inc., a Delaware corporation ("Lafarge") and Lessee, wi th Lessor's pri or consent, Lessee assumed the Lease Agreement from Lafarge, excepting tho s e reclamation matters for which Lafarge assumed continuing responsibility under and pursuant to the terms of that certain Continuing Reclamation Obligat ions Agreement betw een Lessor and Lafarge dated effective April 29, 2013 (hereaft er, the "Continuing Reclamation Obligations Agreement"); and WHEREAS, Lessor and Lessee desire by this instrument to amend the Term of the Lease Agreement in several r espect s and to adopt and approve various other amendments to the Lease Agreement. 1 AGREEMENT NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee agree that from and after the execution of this Fi fth Amendment by both parties, the Lease Agreement shall be and hereby is amended as follows: 1. Term. Paragraph 2 of the Lease Agreement ("Term"), as previously amended in the Fourth Amendment, is hereby replaced and superseded in its entirety to read as follows: "2. The current term of this Lease shall expire and terminate on November 30, 2028 (the "Extended Batch Plant Term"). Until April 28, 2028 of the Extended Batch Plant Term (the "Extended Batch Plant Operati ons Term"), Lessee may continue its permitted batch plant operations and activities on the Further Revised Leased Premises described in Section 2 of this Fifth Amendment (but not on any other portion of the original or subsequently amended Leased Premises), including without limitation concrete production and processing, truc k and equipment washing, trucking, deliveries, pickup, storage/stockpiles of mined materials, product recycling, dust control, and other ancillary uses reasonably related to these permitted uses ( collectively, the "Batch Plant Operations"). The first paragraph of Paragraph 3 of the Lease Agreement ("Permitted Use; Operation") is hereby amended to reflect this limitation. Lessee agrees that by the expiration of the Extended Batch Plant Operations Term, it will conclude all Batch Plant Operations on the Further Revised Leased Premises. Lessee agrees that by the expiration of the Extended Batch Plant Term . Lessee will (i) have removed all of Lessee's remaining equipment and buildings and other improvements from the Further Revised Leased Premises, (ii) have performed and completed the Batch Plant Area Reclamation Plan obligations described on Exhibits C and D attached hereto and made a part hereof by this reference, and (iii) have fully and completely vacated the Further Revised Leased Premises for all purposes excepting reclamation maintenance activiti es described elsewhere in the Lease. It is understood that MLRB acceptance of such Batch Plant Area Reclamation Plan activities may occur after November 30, 2028 and Lessee shall be allowed to continue reclamation maintenance activities until such approval occurs. It is expressly understood and agreed that throughout the Extended Batch Plant Term, it is Lessee's responsibility to conduct its various operations in a manner consistent with applicable Garfield County regulations and approvals, including without limitation BOCC Land Use Change Permit for the Continued Operation of a Concrete Batch Plant known as the Power's Pit Concrete Batch Plant, issued in accordance with Resolution No. 2011 -77 of the Garfield County BOCC, as recorded May 14, 2013 as Reception No . 835254 in the Office of the Clerk and Record~r of Garfield County, Colorado. In the event the County raises objections or concerns with respect to activities of Lessee on the Further Revised Leased Premises during the Extended Batch Plant Term, it shall be Lessee's responsibility to take such actions as may be necessary 2 or appropriate to bring its operat ions into compliance with County requirements, and Lessor shall have no liability to Lessee for any losses or damages that may be sustained by Lessee as a consequence of County action or inaction with respect to such matters." 2. Further Revised Leased Premises. Effective immediately and continuing throughout the E xtended Batch Plant Term of the Lease, the description of the Leased Premises set forth in Paragraph I of the Lease Agreement and on Exhibit A thereto is replaced and superseded in its entirety by the Further Revised Leased Premises depicted and described on the 5th Amended Exhibit A attached to this Fifth Amendment and made a part hereof by this reference. The Further Revised Leased Premises shall include, and Lessor hereby grants to Lessee for the duration of the Extended Batch Plant Term, a n o n-exclusive easement over and along the CR I 03 Access Easement (containing 0.9 13 acres, more or less) depicted and described on the attached 5th Amended Exhibit A for purposes of all forms of surface access and travel to and from the Further Revised Leased Premises, for underground utilities serving the Further Revised Leased Premi ses, and for purposes of maintenance of such CR 103 Access Easement. The parties mutually understand and agree that at any time and from time to time during the Extended Batch Plant Term, Lessor shall have the unlimi ted right and authority to l ease or sell portions of the original Leased Premises, but expressly excluding any portion of the Further Revised Leased Premises, to third parties, and may grant non-exclu sive access rights to such third parties over and along the CR 103 Access Easement fo r access to areas other than the Further Revised Leased Premises. All references in_ the Lease Agreement to the "Leased Premises" are hereby revised to mean the Further Revi sed Leased Premises and no other portion of the property previously subject to the Lease Agreement. Throughout the Extended Batch Plant Term , but terminating upon expiration or other termination of the Extend ed Batch Plant Term, Lessee shall be responsibl e for maintaining and repairing the CR 103 Access Easement to its point of entry into the Further Revised Leased Premises in a good, functional, safe and attractive condition, at Lessee's sole cost and expense a nd as determined by Lessee using its commercially reasonable judgment. In the event Lessor leases or conveys a portion or portions of the original Leased Premises to third party users, Lessor shall be responsible for reimbursing Lessee for such u sers ' fair share of the CR 103 Access Easement maintenance costs based on the r elative areas of the original Leased Premises occupied by all users including Lessee, and Lessor agrees to incorporate such shared maintenance obligations in its lease or sale arrangements with third party users. Lessor shall be responsible for collecting the shared maintenance costs from the third party users and for remitting the same to Lessee on a t imely and regular basis. 3. Rent. Paragraph 4 of the Lease Agreement ("Rent") is amended and superseded in its entirety to read as follows: "4. (a) Ground Rent. As rental and consideration for the leasing of the Further Revised Leased Prem ises t o Lessee during the Extended Batch Plant T erm of the Lease, Lessee shall and hereby covenants and agrees to pay to Lessor a monthly 3 rental in the amount of $16,513.63 per month commencing on the first day of November, 2013 and continuing on the first day of each succeeding calendar month during the entire remaining Extended Batch Plant Term of the Lease (the "Ground Rent"). On November 1, 2014 and on the first day of November throughout the entire remaining Extended Batch Plant Term of the Lease, the Ground Rent shall be automatically increased by (i) the increase in the Consumer Price Index -All Urban Consumers -All Cities published by the Bureau of Labor Statistics, U.S. Department of Labor during the immediately preceding 12-month period, or (ii) three percent (3 %), whichever is greater, which rental increases shall be cumulative. (b) Payable To. Ground Rents, and any other amounts that may become due and payable by Lessee to Lessor under this Lease Agreement shall be paid to Lessor via electronic delivery to the Crystal Ranch Corp. account at Alpine Banlc, 0350 Highway 133, Carbondale, CO 81623, Routing No. 102103407, Acct No. 4040761516, or to such other account or person and address as Lessor may designate by written notice to Lessee." 4 . Water Rights. Par agraph 5 of the Lease Agreement ("Water Supply for Lessee Operations; Waste Water), as previously amended, is amended and superseded in its entirety to read as follows: "5. Water Rights; Waste Water. By this Fifth Amendment, Lessor hereby leases to Lessee sufficien t water and water rights -and the pipelines, fixtures, equipment, facilities, and easements associated therewith -together with a proportionate interest in the augm entation plan and sources of augmentation water decreed in Case No. 92CW304, District Court, Water Division 5, for industrial use by Lessee in connection with its continuing Batch Plant Operations on the Further Revised Leased Premises and its eventual reclamation and reclamation maintenance activities on said Further Revised Leased Premises, including the following: 17 .0 acre-feet per year (diversions) for Batch Plant Operations (for industrial and eventual reclamation uses, as applicable) consistent with the decree entered in Case No. 92CW304. Of the 17.0 acre feet per year of diversions, 13 .52 acre-feet are augmented pursuant to the decree entered in Case No. 92CW304 pursuant to a water allotment contract with the Basalt Water Conservancy District, Contract No. 31, as amended. Lessee shall be solely responsible for Lessee's excess out-of-priority industrial depletions taken by Lessee and not otherwise augmented pursuant to the decree entered in Case No. 92CW304. Water deliveries to serve the Further Revised Leased Premises may occur via any one or a combination of the below listed water rights, as needed, which Lessee shall divert using the existing 10-inch line that crosses under Highway 82 until the leak in the existing parallel 4 -inch line is repaired by Lafarge (at Lafarge's sole cost and expense, without disruption to Lessee's operations on the Further Revised Leased 4 Premises), upon and after the occurrence of which Lessee shall switch over the exclusive use of said 4 -inch line for all water deliveries to the Further Revised L eased Premises for industrial u se s (and eventual reclamation uses), to wit: * James R eservoi r Industrial Enlargement, in the amount of 8.28 acre-feet fo r industrial uses (and e v entual reclamation uses); * Martin Ditch, in the amount of 3.0 c.f.s. for industrial uses (and e v entual reclamati on uses); * Kelso Di tch Industrial Enlargement, in the amount of 3 .0 c.f.s. for industri a l uses (and e ventual reclamation uses); and * 13.52 acr e feet of water delivered from storage pursuant to the Basalt Water Conservancy District Contract No. 31, as amended Lessee understands and agrees t h at until the leak in the 4-inch line (locat ed · somewhere within the Further Revised Leased Premises) is repaired and the line is operational, L essee, L afarge (for reclamation/irrigation purposes) and Lessor (for any u se occurring outside of the Further Revised Leased Premises) shall share the use of the 10-inch line and the water delivered therein, provided that, without additional cost to Lesse e, Lessee shall at all times have sufficient water to conduct Lessee's o perations on the F urther Revised Leased Premises. Lessee further understands and agrees that Lessor reserves to itself and any assignee of Lessor (including Lafarge) the irrigation component of the water rights described above, together with any related augmentation credits, for any purpose incl uding but not limited to i rrigation of lands (including reclaim ed areas) previously mined within the Powers gravel pit area. Lessor further reserves the right to connect to t he 10-i nch line through the Fu rther Revised Leased Premises, provided that such con nection does not interfere with Lessee's operations, for purpose of diverting water for any use that may be made by Lessor or its assignee occurring outside the Further Revise d L eased Premises. Lessee agrees to pay the annual costs and expenses associated with its use of the 13.52 acre feet of water delivered from storage pursuant to the Basalt Water Conservancy District Contract N o. 31 during the leasehold period. Lessee shall compl y with the laws of the State of Colorado and the rules and regulations of the Colorado D ivision of Water Resources in t he administration and use of the leased water rights. It is expressly understood and agreed that Lessee is responsible for the proper and l awful disposal and discharg e of a ll waste water produced in connection with the Batch Plant Operations of Lessee (and of any permitted sublessee) upon or in connection with the Further Rev ised Leased Premises. Subject to the terms and conditions herein, Lessor may from time to t ime file such water rights applicati ons o r amendments, including without limitation applicati ons 5 to augment wells and/or for alternate points of diversion, as it may consider necessary or appropriate with regard to the above described water rights (or any of them) being leased to Lessee, and/or with regard to other water rights associated with the remainder of the Powers Ranch property. Any such water right s applications or amendments shall not interfere with, limit, or injure Lessee's use of the leased water rights and infrastructure and will not interfere with, limit, or injure Lessee's operations on the Further Revised Leased Premises and Lessee's reclamation activities on the Further Revised Leased Premises. Any water rights applications or amendments by Lessor shall not impair Lessee's permitted activities/operations or uses of water or water rights under this Fifth Amendment to Lease Agreement, and, if such impairment occurs, Lessor shall make Lessee whole by immediately providing additional or supplemental water and water rights to Lessee at Lessor's sole cost and expense." 5 . Operating Mine Assessments. The following sentence is added at the end of Paragraph 7 of the Lease Agreement ("Taxes"): "Finally, Lessee shall reimburse Lessor for any additional assessm ents that may be levied against the Leased Premises, if any, for calendar year 2013 as a result of Garfield County's classification and assessment of said property for a d valorern taxation purposes as an operating mine." 6 . Mining and Reclamation of Further Revised Leased Premises by Lessee. Paragraph 11 of the Lease Agreement ("Mining and Reclamation of Leased Premises by Lessee"), as previou sly amended, is further amended in its entirety to read as follows: "11. Mining and Reclamation of Further Revised Leased Premises by Lessee. (a) Lessee agrees to conduct its operations and activities on the Further Revised Leased Premises in stric t accordance and compliance with all requirements, conditions and provisions of (i) t he MLRB Permit, specifically including the Mining Plans, the Reclamation Plans, an d the Reclamation P l an Maps contained therein (as amended by the Batch Plant Area Reclamation Plan attached hereto as Exhibit C), (ii) the Colorado Mined Land Reclamation Act, C.R.S. Sections 34-32-101, et. seq. (hereafter the "Act"), specifically including without limitation the requirements of Section 34-32-116 of the Act, (ii i) the Batch Plant Area Reclamation Plan prepared by Sopris Engineering, LLC under date of November 18, 2013 and a ttached hereto as Exhibit C and made a part hereof by this reference, and (iv) the Final Condi tion of Batch Plant/Lease Area described on Exhibit D attached hereto and made a part hereof by this reference, as said Exhibit s C and D may be approved and/or modified by the MLRB as provided in subparagraph (b) below (said Exhibits C and Dare hereinafter collectively referred to as the "Batch Plant Area Reclamation Plan"). The MLRB Permit, the Act, and the Batch Plant Area Reclamation P l an are herein collectively referred to as the "Reclamation Standards". Lessee expressly assumes and agrees to perform in a full and timely manner and at its sole cost and expense all of the obligations and responsibilities of the permi ttee/operator und er the MLRB Permit that pertain to the Further Revised Leased Premises, specifically including without 6 limitation all reclamation/site reh abilitation requirements , obligations and responsibilities thereunder that pertain to the Further Revised Leased Premises and the full and complete performance and implementation of the Batch Plant Area Reclamation Plan. (b) Promptly following the Reclamation Substantial Completion Date as defined in the Continuing Reclamation Obligations Agreement, and the MLRP's acceptance of Lafarge's amendment to the MLRB Permit causing the release from such permit of all portions of the real property subject to the MLRB Permit other than the Further Revised Leas ed Premises, provided that if Lessee is then required to have the MLRB Permit to conduct Lessee's operations on the Further Revised Lease Area, Lessee shall (i) assume from Lafarge the MLRB Permit solely as to obligations with respect to the Further Revised Lea sed Premises and no other area or obligations under the MLRB Permit, (ii) file with the MLRB a "Transfer of Permit and Successor of Operator " and (iii) if legally required, prepare and submit to the MLRB an application to amend the MLRB Permit in or der to incorporate therein the Batch Plant Area Reclamation Plan, and shall diligently pursue the approval of any such permit amendment by the MLRB. Less or agrees to cooperate in such amendment process to the extent neces sary or appropriate. If MLRB modifies the Batch Plant Area Reclamation Plan p rior to its approval, then Lessee shall deliver a copy of such modified Batch Plant Area Recl a mation Plan to Lessor for approval, which approval shall not be unreasonably wi thhe ld, conditioned or delayed and, if no response from Lessor is received by Lessee wi t hin twenty-one (21) days of delivery, such modified Batch Plant Ar ea Reclamation Plan shall be deemed approved by Lessor. As used throughout this Fifth Amendment, the "Batch Plant Area Reclamation Plan" shall mean the Exhibit C Plan and/or Exhibi t D Final Condition as approved and/or modified by DRMS. (c) In the event of any conflicts or inconsistencies between the requirements of the MLRB Permit, the Act, o r the Batch Plant Area Reclamation P l an, the requirements, standards and conditions of the Batch Plant Area Reclamation Plan shall govern and control, except that in circumstances where the Batch Plant Area Reclamation Plan does not conta in applicable requirements, standards or conditions, then the more stringent requirem ent of the MLRB Permit or the Act shall govern and control. In the event of any disa greement between Lessor and Lessee regarding the nature, extent, timing or any other aspect of the Reclamation Standards with which Lessee is required to comply her eunder, (i) if the dispute involves an interpretation of the Batch Plant Area Reclamatio n Plan, then the parties or either of them may request that an independent third party professional engineer make such interpretation, and the decision of such engineer shall be binding upon Lessor and Lessee and the Batch Plant Area Reclamation Plan shall be performed in a manner consistent with that interpretation, or (ii) if the dispute involves an interpretation of the MLRB Permit or the Act, then the parties or either of them may request the MLRB to designate one of its staff to make such interpretation , and the decision of such representative shall be binding upon Lessor and Lessee and the reclamation/rehabilitation wor k in question shall be performed in a manner consistent wi th that interpretation. Notwithstanding the 7 foregoing, nothing herein shall require Lessee to violate the MLRB Permit, the Act, or the Batch Plant Area Reclamation Plan. (d) Lessee's reclamation/rehabilitation obli gations and responsibilities under this Lease Agreement shall survi ve the expiration of the term of the Lease (including the Extended Batch Plant Term) and/or any other termination of the Lease or of Lessee'.s possessory rights hereu nder. Further, Lessee shall be responsible for maintaining all reclamation performed upon or in connection with the Further Revised Leased Premises for a period of t wo (2) years following the final Lease expiration or other termination date. During t his two (2) year "site maintenance period," Lessee shall be responsible for maintenance and repair of the temporary irrigation system installed by Lessee during the reclamation process, repair of erosion damage, reseeding of areas that have not established appropr iate stands of grass species, and replacement of plantings as required to achieve a healthy live planting that equals seventy-five percent (75%) of the originally specified planting. Notwithstanding expiration or other termination of the final Lease term, Lessor shall provide Lessee access to the Further Revised Leased Premises for the performance of the above obligations or for the performance of other obligations that may be imposed by the MLRB. (e) Lessee has delivered and Lessor has accepted a bond issued by Fidelity and Deposit Company of Maryland in the face amount of $165,000.00 dated March_, 2014 (the "Reclamation Bond"), which Reclamation Bond shall remain in place unless said surety notifies Lessor that th e Reclamation Bond shall be cancelled as of the date that is 30 days from the date of such notice. If such notice is timely sent, then Lessor shall immediately notify Lessee, and Lessee shall have twenty (20) calendar days to provide a replacement bond meeting the same requirements as the Reclamation Bond. If Lessee fails to produce such r eplacement bond within twenty (20) calendar days of Lessor's notice, then Lessor shall have the irrevocable right to call the Reclamation Bond prior to the expiry date and to hold the drawn funds in an interest-bearing account until substitute security acceptable to Lessor is provided by Lessee, at which time Lessor shall immediately releas e the drawn funds, including accrued interest, to Lessee. In the event Lessee breaches its performance of the Reclamation Standards herein which would entitle Lessor to d raw upon the Reclamation Bond (see the terms and conditions of subparagraph (g) below), then Lessor shall have the right to draw upon the Reclamation Bond in order to compl ete the performance of Lessee's reclamation obligations hereunder. (f) T he Reclamation Bond shall remain in full force and effect throughout the remaining Extended Batch Plant Term of the Lease, i.e. through November 30, 2028 or such earlier Lease expiration or termi nation date as provided herein, and throughout the two (2) year L essee site maintenance period following said Lease termination date. On March 1, 2016, and every two y ears thereafter during the remaining Extended Batch Plant Term of the Lease, the then-face amount of the Reclamation Bond shall be increased (but not decreased) by the increase in the CPI over the previous two (2) year period or by three percent (3%) per year, whichever sum is greater. If Lessee fails to provide Lessor with a new or amended Reclamation Bond in the adjusted amount prior 8 to March I, 2016 (or prior to M arch 1 of each two year period thereafter), then Lessor may draw on the existing Reclam ation Bond at any time after said adjustment date and hold the drawn funds in an interest-bearing account until substitute securi ty acceptable to Lessor is provided by Lessee, at which time the drawn funds shall be immediately released to Lessee. In the event a breach occurs in the performance by Lessee of the Reclamation Standards herein, then Lessor shall have the right to draw upon the drawn funds in order to complete the performance of Lessee's reclamation obligations hereunder. (g) In the event that d u ring the term of this Lease (i.e. through December 31, 2028 or such earlier expiration o r termi nation date as may be provided for herein) or during the two (2) year Lessee s i te maintenance period following the Lease termination or expiration date, Lessee fails t o perform any one or more of its obligations under this Paragraph 11, then prior to taking any other action, Lessor shall give Lessee written notice of such default together with a demand that Lessee cure the violation. In the event Lessee has not cured the violation within thirty (30) days following the giving of such notice of defaul t by Lessor, or if such violation is riot reasonably capable of being cured with a thirty (30) day perio d, Lessee has not commenced steps to diligently cure such violation, then Lessor and its agents shall have the right, but never the obligation, to enter upon the Further Revised Leased Premises and to perform such work and to do any and all other things necessary or appropriate to cure the violation and to per form and complete all of Lessee's remaining obligations and responsibilities under the Reclamation Standards, and to d raw upon the Reclamation Bond (or upon any drawn funds) for purposes of paying or reimbursing the actual and direct costs incurred by Lessor in doing so. (h) Upon expiration or other termination of the Lease and of the two (2) year Lessee site maintenance period and the performance and completion of all of Lessee's obligations and responsibilities in compliance with the Reclamation Standards, Lessee shall promptly release th e Reclamation Bond (or any remaining drawn funds) to Lessee." 7. Replacement of Previous Reclamation Plans for Further Revised Leased Premises. A ll previous Recl amation Plans set fo rth in earlier versions of this Lease Agreement, as such Plans may affect the Further Revised Leased Premises, shall be and hereby are superseded and replaced in their entirety by the Batch Plant Area Reclamation Plan attached heret o collectively as Exhibits C and D and made a part hereof by this reference. 8 . Continuing Reclamation Obligations Agreement. Lessor and Lessee acknowledge and agree that the Reclamation Substantial Completion Date set forth in Paragraph 2 of the Continuing Reclamation Obligations Agreement has not yet been certified to by Yancy Nichols, th e Project Engineer, and that the anticipated substantial completion date thereunder is now June 30, 2014. Lafarge remains r e sponsible for the performance of the Stage One Reclamation and the Stage Two Reclamation, as set forth in Paragraph 2 of said Agreemen t. 9 9. Remaining CR 103 Access Construction Items. Lessee agrees to reimburse Lessor for the reasonable fees and expenses incurred and paid by Lessor from and after July 13, 2013 for work performed by Sopris Engineering and other consultants (including, without limitation, Doug Pratte of The Land Studio) in connection with the completion of the CR 103 ROW Vacati on process with the County and cooperate with Lessor in obtaining the CR 103 ROW Vacation. Lessee agrees to pay Sopris Engineering directly for all reasonable fees and expenses billed to Lessee after the date hereof (and for unpaid invoices for previous work, if any) for work performed by Sopris Engineering or by Doug Pratte of The Land Studio in connection with the completion of the CR 103 ROW Vacation process, and further agrees to cont inue to cooperate with Lessor in obtaining the CR 103 ROW Vacation. 10. Lease Area Berm Installation. Lessee further agrees to comp] ete the construction and installation of t he Lease Area Berm along the northerly and westerly boundaries of the Further Revised Leased Premises as depicted and detailed on Exhibit B attached hereto and made a part hereof by this reference, to the reasonable satisfaction of des ign engineer Sopris Engineering, no later than J une 30, 2014, at Lessee's sole cost and expense. 11. Other Amendments. Each of the following Paragraphs of the Lease Agreement, are deleted in their entirety and replaced with "Reserved": (a) Paragraphs 10 and 12 of the Original Lease Agreement; (b) Paragraphs l, 2, 3, 4, 5 and 7 of the First Amendment; (c) Each of the Letter Agreements; (d) Paragraph 1 of the Second Amendment; (e) Paragraphs 4 and 6 of the Third Amendment; and (f) Paragraphs 2, 5 and 9 of the Fourth Amendment. 12. Notice. In the "No tice" provisions of Paragraph 17 of the Lease Agreement, as previously amended, notice to Lessee shall be addressed to Oldcastle SW Group, Inc., 2273 River Road, Grand Junction, CO 81502, Facsimile No.: 970-991 - 6610, Attention: President, with copies to: Oldcastle Law Group, 900 Ashwood Parkway, Suite 600, Atlanta, GA 30338-4780, Attention: General Counsel, Facsimile: (770) 392-5305" 13. Notice and Right to Cure. The notices and rights to cure provided for in Paragraph 16 (headed "Default; Remedies") of the Lease Agreement shall remain in full force and effect and shall apply to all terms, conditions, and provisions of this Fifth Amendment. 14 . No Other Amendments; Effect on P rior Agreements. Except as expressly amended o r modified b y this Fifth Amendment, the parties ratify and confirm all of the terms, conditions, and provisions of the Lease Agreement (as previously amended). To the extent any term, condition, or provision of the Lease A greement or any amendment thereto conflicts with this Fifth Amendment, then this Fifth Amendment shall govern and control. [Signature Pages Follow] 11 TN WITNESS WHEREOF, the p arties have executed this Fifth Amendment to Lease Agreement effective as of the date first set forth above. LESS OR: STA TE OF /,/,, fl-r;_ c /;,s COUNTY OF 0-• ") (. ) ) ss. ) The for e going in strument was acknowledged before me this zq day of March. 2014, by B arbara J . Hapgood as President ·of Crystal Ranch Corp., a C olorado corporation. Witness my hand and official seal. My commission expires: S<:ri- 'Notaryiub (L essee Execution on Following Page] SIGNATURE PAGE TO FIFTH AMENDMENT LESSEE: STATE OF COLORADO ) \ ) ss. Oldcastte SW Group, Inc., a Colorado corporation By: ct;]9!1rL Its: ~-« &c5rdut f , COUNTY OF V\LefA ) \ . The foregoing instrument was acknowledged before me this !{ day of April, 20 14, by Pet.el J", S,·4?31~1,01/ as V fr,e. /Jie:)J~letd-of Oldcastle SW Group, Inc., a Colorado corporation. · Witness my hand and official seal. My commission expires: GENEVIEVE M. BLECHA NOTARY PUBLIC STATE OF COLORADO NOTARY ID #19914003259 My Comml~lon Expires AprN 4, 2015 SfGNATURE PAGE TO FIFTH AMENDMENT ·, ~,~--::-~~-- ' "'" '0 -"'-'C-, . . -' ··, '-•, '-~ . '-~~' ~-~ ~-·, ~ i/--< '" ' "~ ~~,-~~ ~'-·. '-. ' ' '- P.0.8. N I ,jl- -· ! 0 (~\ ~, I 1 ,' ,,,.,, '-', < "'· 0 ' '·,,' ''"' ' •, '-.. ' "' ' ' ~ . -.. , ' '· ', '., ~ ' ', ' ' ·.. ,, ~ " . "-.... '· " •, ' '\ . " ' ' "''. ,· ' ' "' ' f_;__, < ~-~~-. ··>·,~,,~~~-~ ,,, ~\>). -~ '.L ." . ', ~-"'~ "~~ ~' "'-,"'-'-.._~ -..c . "''' ·, ,· ->~ ·.:-~-~0~~~'-~~-c:-' C1 C3 t.4: \JIOOd•g•\11016\loo .. ogl'etrnent _"_xhibila\11016-EXHIBIT A.0WG I I I SCALE: 1"•100' ___ 11 CRYSTAL RANCH CORPORATION CARBONDALE , CO 6TH AMENDED EXHIBIT .l REVISED WSED PREMISES jnu NO jSliEET 1 I& Of 2 LEASE AREA OCSCRI PllON AC<HS CASEMENT ocsauPrlON A lu,e .,.. Slluat<d within l ot, 10 ,nd II, of ~Uon 26. lownshlp 7 South, R••tt U Wtst of lht Sixtll Prindpol Merkl•n. lllo lluottd An acmsoos,ment sltUll<d within lots JO.nd IL o f s.ctlon 26, lowMhlp 7 South, Rong• 81 West of the Sixth Pllntlp•I -··· lho within that property described in lhe document recorded on March 19, 2012 iis Reception No.116l35of the GarlWd County rec.o,ds. situated with"1 that property descrlbc!d In tht! docuffll!!nt ruorded o n Matth 19, 2012 as Re«plion No. 816tlS of the Garfield County With al bta,inp contained relative to the-bearinc sn•sg06•E bet.Men the found ffl.OftURletlt tep,est:ntinc t he N l(, of said Section 26 and recof"Cts. With eH be1r ln1s contained relttlve to the betrtfl& S89"S9'06-C between the round mOMn'l"M!f'lt ttptesentMI; the N Y., ol sold Stctlon 27 and th• found monument rtptHtntlns the N-C M, of s,ld Stdions 26 end 27; s,1d ttKl bt:inc mo,e f)Mtk\Arty dtscriMd as Section 26 and Section 27 ~ t he found monument ,ep,uent1rc the N..C )(. or s,id SecOons 26 .net 27; u)d lflCt bei,w tnOH! partkWMtr follows: dtietlbed as folows: Btalnninc at the Hott~ COt"ner ot s,id LHH area boundary whence the uld N.c K, corner bears N05-o8'42-W, • dist1nmof 2'l O.l6 Commtncln& at t he Northerly corner or said Lease lfH boundarydesc.rhdhereon wMnce the said N-C K. corne r bears NOs•oa'42-W, a feet; thenu: SS7'"00'17*W. • dishnce of 73.67 t tet; thf.nce Nl7.2736"W, a distance of S29.45 feet; thenc• Sll"49'S6'"W, adi!t:1ntt of dh,tanc.t of 2410.36 reet; t hen<.e •lont said leiase ;m:a scs•11·26'"E, a distance of 2.0S feet to the Polftt of Betinninc; thence S45•17'26•l. a 322.02 fHt; thence S76• J0'04•£, a distance o f 270. 78 feet; the-nee 109.74 ffft a~ a curve to the 'efl. sak:I ctwt having a radius of distance of Jt0.S4 reet; t hence SG.11 feet alone a nO R•tancential cu,verothefl1ht. said cuM! havtn1 a radius of 46.00 feet and a cenlral 161.00 fttt and a centra l ancle of 39°03'16" and subte ndlne a chord bearina of NM•ta•ta•e," distance of 107.63 feel; thence 39.45 feet an1a. of 70•3rsr and subtendln11 chord be111nc<:As11•40"Sl~. 1 cli5t.anceof 53..U Ifft; tMnelt 168.62fHt alonc•c:ompound cu.veto akin& a reveue curve-to the> ,.,ht, said curve h1v1n1 a radius of 65.00 ftet and I central ...-.ie of 34"46'29'" and subtendina a chOfd bearing the 1l1ht, said curve havlAg a radius of 166.00 feet and I centtal a,.te of St'"12'0S"' ,net subtending I chord beariflc of S23"1S'Sl "t, 1 o f N&2"09'SS •E. a di:sta nce of 38.8~ fut; the net S80'26'S1 "E, a dbtance of 25.42 feet; thence 103.ll feet 8'on1 a curve to the h!ft, said distance of 161..47 reel; thence9.13 feet •Iona• reverse curve 10 the: Ith, said curve h aving a radius or 159.00 faat and a central angle of cun,e hiWln& a ,adius o r 318.00 feet 11nd a central ancle 011a•3s•sa .. ,1ncf subt~ a chord bNrlnl of S89"44'SO"'E. a dist ance of 102.78 3"17'21• and subt end ln, a cf\otd bearina of so.&"11'31-W, a dlitance of 9.13 feet; theftct .50r32'Sl'W, a dislantl' of 21.15 feet; thence feet: t heme NI0°S7'll"C, a distance of 45.27 feet; thence 49.10. fed. alon1 a curve to the ~ft. said curvf!: havlns a radius of 132.00 feet and 68.0t feet along a curve to the-le.ft, said curw hl\lfnc 1 ,adius of 115.00 feet a nd a cent.rat anpt of 3rss•o1 • and subtandinc , chord a central 1ncf• of ll"l 8'44* and subtending it chord be11ln1 or N70"17'49'"E, a distance of 48.82 feet; thence NS9'38'27"E, acfistance of M a rina of s1,•2,t'4D'"E, a d lslanceof 67,09 feet thence s3r22·n '"E. a disGnce o f 1.52 feet; thenoe 7.17 feet ak>,w a cu....,. lo the lichl. 159.76 feet; t he nce 188.63 fen atone a curve lo the fe ft, said cutve havln,: a radl1.11of 103.00 feet and-ii central 1n1Je or t04"SS'53" a nd said curve havfnt a radiu s of 167.00 feet and a ce ntral anate of 2•2731., ard subttndlnt a chord bNf'inc o f 532•JS'SrE, a •tanai of 7.17 subt•nding a chord be11ins o t N07"'10"3 l'"E. a distance of 163.36 teet: thence N4S"1726"W, a diitanc:e ol 52.83 to a point on t he ab<>Ye fttt; thenc<! 43.61 feet along a compound <UfVe to the ri1ht, s,id curve NW'II • Rdius of l6.00 feet and a cetitr,I qle of W-24'45'" and dtKribN access ea.sement; I hence continulng 1k>n1 the same bearlne, afons the said acc~s eHement, a distance of 110.54 feet: t hence s ubte ndin, a c:hord bear in& of SOO"!t2'40'W, a distance of "1.99 ~ h> • point on a County Road Richt-of•Way lo be declcat ed; 1henca lcavina the said ac ceH e asement, •lone thenme bearina. a dGtance o f 2.0S feel to the POINT Of BEGINNNG. alone Hid Rlc hl•of•Wa', line 82.41 fett ak>rc a nol'\•tanaenttal curvt t o t he lett. said cutv• havine .a rldtu~ o f 200.00 f11:et and a cent ,., 1n,:le o f 23°36'33" and subtendln, a cho,d br.arlnc of N54°Sl'26"E, ai distance o f 81.83 fet!t; thence continulnc alone sakf Rl&ht•of-WayliM Containln1 2S1,l78 s quare reel or S.766 iKt 6, more or less. N43"03"09"E, a dtStinc:e ol 43.36 tut.; t hence leavq; uid Rltht·of•W.,IN Sl."'6 fffl a'°"& a non-tanaenUal curve to t he r1s,ht , said curwi h1Yln, 1 radkls of 36.00 f ttt a nd a centraJ .,..._ of 11•s1'S1" al'ld subt.Hdinc •chord be1,tnc of H62.26'25"'W, adktance of 47 .:19 feet; I hence 43 . ..0 f eet aton1 a compound WfYe t.o tile , .. ht. said curw ~ 1 ,adit,sof 91.00 fftiel and a ~ral anp of 2T19'31" W subtendlnc • chord bt1tin1 of N07"49'37"W, a dl,tance of 42.99 feet: thence 162.29 feet Ilona a ,ew,se curve to the t.ft, said curw havina a radius ot 234.00 feet a nd a crttt,al ancle of 39"'4'17" and subtendln1 a chofd bHr1nc ol N1•-01·srw. a distance ol 159.06 reet; thence N32'59'46"'W. a distance of 190.10 feet; ttlenc:e SS7-00'l 7"W. a d lsl ante of llM.30 feet to t he point of Betlru\W,a . Containing 39,761 iquare feet or0.913 acres. mote or lias. '" T '"" tU,GlM .. __, , ... , II ..... .,,,, .•• ,..w n•w U NC.1K . ....,. • 111111-. " U SOl' N tr10'4 1•t Cl JO,, .. 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H ... ,,, " .. rw CRYSTAL RANCH CORPORATION CARBOND ALE. CO ISOPIIII E lfOIIIIEIIO, u.c. 6TH AMENDED EXHIBIT A RIM8IID UlASID PRBMISES 502 MAIN S!REET, SUITE AJ DES.SOIi ICK. I FlU: NO. 1:ET 2 CARBONO AL£. CO 8t62J M: \JlOOdwg a \11016\leon ogreomenl e xhibil o\11016-[XHtBIT A.DWG (970) 704-0Jl 1 O<. IOATE 11/18/IJ 111015 2 LEASE AREA BERM TO BE ,,_TAU.EO PER OETM\ THtS SHEE T. I m•~··· ........ , ... u,...,·· ... • • ., ... ,.,.., ... ,,.u•,,·~,1,.~,...,~:t'.:1 ••:-,.f;n, .... c., l/lflll _...,_ .. -. -. -....... ~ ~- -----t-r ··J · ~ ,, lJ LEASE AREA BERM EXI oasrm-.o~---":.,.,.._ __ ·.r --· ~ 1) All DISTURBED AREAS MUST BE CO\IEREOWHH A MINIMUM OF 6' OF SALVAGE SUBSOIL OVERBURDEN MATERIAL UPON COMPllTION OF THE OVER BLMOEH PLACEMENT, A MINIMUM OF 6" OF TOPSOIL MUST BE PLACED OVER All EXPOSCD OVERBURDEN. 2) IRRIGATION WATER IS AYAH.ABLE TO THE SITE IF IJ 1$ THE 0£Slfl[ OF OlllCASH[ TO INSTAL L T£MPORARY IRRIGATKlN. TEMPORAAY IRRIGATI ON, HOWEVER. IS N01 A REQUIREMEM'. --------- SCA&.£: 1'a• ~ I, .i , gs~~ wj,_ ~ !1i~ ~ ~ ~ ~ ~ 00 \~ - re t ~ -t- ilm z i1i 0 ~ I-w ~i ~ ~ ~ ~o m 0 _, I I-u8 (.) - I:~ ~ Q'.l al J: Uz LL X z::> 0 w ~ ~ ti ...J ul Is <( u:: 8 I-0: (/)~ i & u ~ :=,; w I- I """ IM .. IS JOINO. 121»0:, I SHE£) "" \. BATCH PLANT LEAS~EA TO 8£ R ECLAIMED. -ro~=--~-,.\ A~l!~i) ~fil!IBI I 121° -""'""''""" "'I NOIES, 1) All OISTUABEO MEAS MUST BE COVEAEO WITH A MINIMUM OF 6• Of SALVAGE SOBSOtt. OVER8Ufl0£N MATERIAL UPON COMPLETION Of THE OvatBUROEN PlACCMtNf, A MI NIMUM OF G• Of TOPSOIL MUST 8( PlACEO OVER Al l £-.XPOSEO OVERBURDEN . 2) OLOCASTL£ lS RESPONSIBLE FOR \IERI FYING THATlHE 4• ANO 10• WAl£RUNE Al.ONG THE EASTERLY EDGE OF THE PIT FLOOR IS IN WORKING CONDtlKlN ANO ACCESSIB LE FOR CONNECTION TO AN IRRIGATION SYSTEM . 31 IRRIGATION WAlER IS AVAILABlE TO THE SITEIF fT 15 THE OESIRE OF OLDCAST LE TO INSTALL TEMPORARY IRRIGAHON. tE:MPORARY IRRIGATION, HOWEVER, IS NOT A REQUIR[M[NT. § I a M u~i .,~r .. i 1;1::1 I lg i ~ ~,-~ 0 rn i i ~ i ! : I ► I' ~ ~ ~ ~ ~ I-Cl. ~8 Q 0 ~ 1-~ o ! O cl 0 (.) 0 UJ • 0:: :c ~ <( (.) z UJ z :::i 0:: ~ 0 <( 0 l-o :z ....I ~ :'.5 <( u. Cl. I-~ :i:: Cl) <!) ~ & ~ (.) DATE: l t-1t.1l JOB NO. 12 13&.0S SHEET 1 oC 1 (.) t: m :i: X w Exhibit D Final Condition of Batch Plant/Lease Area The final condition of the reclaimed Further Revised Leased Premises shall be as depicted on the Batch Plant Area Reclamation Plan attached hereto as Exhibit C , and as further described below: I. All existing buildin gs are to be demolished and removed from the site. 2 . All existing utilities which provide service to the Further Revised Leased Premises are to be disconnected and abandoned. Lessee is responsible for coordinating with the appropriate utility companies and Sopris Engineering, or Lessor's representative, to ensure that uti lities are adequately abandoned and/or removed from the site. 3. The berm and concrete wall which were installed inside of the lease area for screening of the batch plant operations are to be removed and the pit floor within the lease area is to be regraded to ensure positive drainage to the existing pond on the pit floor. 4. When the berm is removed, the pit floor within the lease area is to be reclaimed and covered with a m i nimum of 6" of subsoil overburden material (this material is to come from the screening berm) and then with a minimum of 6" of topsoil, seeded and mulched in accordance With the Seed Mix set forth in the Legend on the Batch Plant Area Reclamation Plan attached hereto as Exhibit C . In lieu of placing 6" of topsoil over the subsoil, Lessee may place an additional 6" of overburden material and amend the soil as needed in order t o establish growth. If Lessee amends the overburden material, Lessee shall provide Sopris Engineering, or Lessor's Representative, with proposed amendments prior to p erforming .the work. The Lessor will allow or supply irrig ation water for the Lessee to connect to at Lessee's discretion for temporary irrigation if it is desirable. Alternatively, Lessor shall have the right to notify Lessee in writing at least ninety (90) days prior to the expiration date of the Extended Batch Plant Term of the Lease that Lessor does not wish the pit floor (or a defined portion thereof) to be reclaimed by removal of the concrete wall, berm, topsoil, and/or seedin g, which notice shall describe the lesser level o f reclamation desired by Lessor. 18541303 EXHIBIT D TO FIFTH AMENDMENT