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HomeMy WebLinkAbout1.00 General Application Materials_PartAGARFIELD COUNTY LAND USE PERMIT APPLICATION RIFLE PIT #1 GARFIELD COUNTY, COLORADO May 9, 2022 Revised Submittal August 2022 Prepared for: Garfield County Community Development IHC Scott 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Prepared by: SGM 118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970-384-9017 IHC Scott – Rifle Gravel Pit #1 May 2022 ii TABLE OF CONTENTS 1.0 General Project Narrative and Information 1-1 1.1 Project Overview 1-4 Mining Equipment 1-4 Staffing 1-4 General Schedule of Operations 1-5 Access 1-5 Permits 1-5 Request for Waivers 1-5 Water Supply and Distribution Plan Standard Waiver 1-5 Wastewater Treatment Plan Standard Waiver 1-6 Industrial Facility 100-Foot Setback 1-6 Waterbody 35 Foot Setback 1-6 Zoning and Comprehensive Plan 1-6 Mining Plan and Schedule of Operations 1-7 Site Development and Grading (Phase 1) 1-7 Mining Preparation (Phase 2) 1-12 Mining Extraction (Phase 3) 1-13 Reclamation (Phase 4) 1-14 2.0 Submittal Requirements 2-1 2.1 General Application Materials 2-1 2.2 Vicinity Map and Site Plan 2-1 2.3 Grading and Drainage Plan 2-1 2.4 Landscaping Plan 2-2 2.5 Impact Analysis 2-2 2.6 Development Agreement / Improvements 2-2 2.7 Basic Traffic Study 2-2 2.8 Water Supply / Distribution Plan 2-2 Waiver Request Justification (provided to Garfield County Public Health) 2-5 2.9 Wastewater Treatment Plan 2-6 IHC Scott – Rifle Gravel Pit #1 May 2022 iii Waiver Request Justification (provided to Garfield County Public Health) 2-6 2.10 Garfield County LUDC: Article 7 – Standards 2-7 Division 1 – General Approval Standards 2-7 Division 2 – General Resource Protection Standards 2-9 Division 3 – Site Planning and Development Standards 2-16 2.11 Floodplain Development Analysis 2-16 2.12 Gravel Extraction Activities 2-17 Water Quantity and Quality Impacts/Floodplain Impacts 2-17 Summary of Augmentation Plan for the Mining Operation 2-17 Air Quality 2-17 Noise/Vibration 2-18 Visual Mitigation 2-21 County Road System 2-22 Compatibility with Surrounding Land Uses 2-22 Revegetation / Reclamation 2-22 Description and Types of Reclamation 2-22 Post-Mining Land Use 2-22 Implementation of the Reclamation Plan 2-23 Topsoil Segregation, Preservation, and Replacement 2-23 Final Grading 2-23 Seeding 2-23 Temporary Seed Mix 2-23 Long-Term/Permanent Seed Mix 2-23 Fertilization 2-24 Revegetation 2-24 Topsoiling 2-24 Revegetation Success Criteria 2-24 Noxious Weed Control 2-24 Reclamation Plan Schedule 2-25 Previously Disturbed/Unnecessary Areas 2-25 Active Mining Areas 2-25 Monitoring Reclamation Success 2-25 IHC Scott – Rifle Gravel Pit #1 August 2022 iv Enforcement 2-25 3.0 Referral Agency Coordination 3-1 LIST OF TABLES Table 1. Estimated Areas of Disturbance to Support Gravel Mining for Rifle Pit #1 1-2 Table 2. Typical Equipment List 1-4 Table 3. Sound Monitoring Data (Ambient for the Rifle Pit #1 Property) 2-21 LIST OF FIGURES Figure 1. Project Overview and Vicinity Map 1-3 Figure 2. Phase 3 30% Mining Progression 1-9 Figure 3. Phase 3 60% Mining Progression 1-10 Figure 4. Phase 3 100 % Mining Progression 1-11 Figure 5. Adjacent Landowners within 200 Feet 2-3 Figure 6. Reclamation Plan 2-4 Figure 7. Erosion Control, Reclamation, Revegetation, Seeding, and Planting Information 2-10 Figure 8. Rifle Pit #1 Ambient Noise Measurement Locations 2-19 Figure 9. Noise Measurements taken at the Meeker, Colorado Scott Operations, Superimposed at the Rifle Pit #1 Property 2-20 LIST OF APPENDICES Appendix A - Forms Appendix B – Access & Traffic Appendix C – Plan Set & Boring Logs Appendix D – Referral Agency Letters Appendix E – Wetland Report Appendix F – Grading and Drainage & SPCC Appendix G – Impact Analysis Appendix H – Floodplain Analysis Appendix I – Weed Management Plan IHC Scott – Rifle Gravel Pit #1 May 2022 1-1 1.0 General Project Narrative and Information IHC Scott (Scott, the “Applicant”) is seeking a Land Use Change Permit for a commercial gravel pit (Rifle Gravel Pit #1; “Project”) to be located on a 58.7-acre parcel immediately north of Interstate 70 between the Towns of Rifle and Silt. The parcel is located off County Road (CR) 346, accessed from the Mamm Creek interchange. The entire project would be located on one parcel (Parcel ID #217908300103), owned by Scott. The parcel is currently vacant, with no structures or active land management activity. The parcel has been historically used as irrigated pasture for cattle grazing for several years and receives irrigation water via a tailwater ditch but has not received intentional irrigation water application since Scott acquired the property in 2019. The parcel continues to be used on an occasional and incidental basis for cattle grazing while Scott develops the plans for the commercial gravel pit. The proposed development would be a wet mining operation where the topsoil and mineral overburden would be removed and stockpiled for onsite use or sale as topsoil and clean fill respectively, and the underlying saturated alluvial gravels would be excavated in a saturated state. Excavation would be accomplished using a long-reach excavator located on the upper rim of the excavated pit. No dewatering nor groundwater pumping would occur with this proposed mining development, and the excavated pit would fill with groundwater to become a pond as mining progresses through the site. The proposed gravel mining operation would occur in four phases as follows: • Site development and grading (Phase 1) • Mining preparation (Phase 2) • Mining extraction (limited to non-wetland areas) (Phase 3) • Reclamation (Phase 4) The mining extraction areas associated with Phase 3 has approximately 300,000 cubic yards (CY) of minable material (including sand, gravels, <6-inch diameter material, and other pit run) that will be extracted over three to five years. The sale of these materials is anticipated to provide various construction materials for ongoing and anticipated future private development and projects within and for Garfield County and the Colorado Department of Transportation (CDOT). The estimated area of disturbance during Phase 3 and 4 is 19.00 acres (which includes the main pit, processing/sales areas, and final reclamation areas). Please note that the total acreage encompassed by the Project is 19.63 acres; this discrepancy is because a small 0.63-acre area within the development boundaries will be left undisturbed, as it contains marginal wet meadow characteristics. The total estimated planned excavation area is provided in Table 1 and amounts to 12.39 acres. Appendix C includes the Drawings depicting additional details and information associated with this proposed mining activity. IHC Scott – Rifle Gravel Pit #1 May 2022 1-2 Table 1. Estimated Areas of Disturbance to Support Gravel Mining for Rifle Pit #1 Mining Operation Components Area (acres) Perimeter Berm and Boundary Features 3.90 Excavation Area (Mine Cut) 12.39 Processing and Sales Area 1.93 Ancillary Surface Working Areas 0.78 Total 19.00 This document includes the information required by the County Planning Staff (Staff) in their Pre-Application Conference Summary (Appendix A), per the Garfield County Land Use and Development Code (LUDC) for a Major Impact Review, Major Extraction Review, Gravel Project. IHC Scott – Rifle Gravel Pit #1 May 2022 1-3 Figure 1. Project Overview and Vicinity Map IHC Scott – Rifle Gravel Pit #1 May 2022 1-4 1.1 Project Overview The following subsections highlight the activities and major elements of the project. Mining Equipment Various types of heavy equipment will be used for the mining, processing, and sales activities during the four phases of the project including, but not limited to: a work trailer, screening, and wash equipment; heavy excavation equipment; and seeding and mulching equipment for reclamation operations. Table 2 lists typical equipment (and make) used at Scott’s gravel mining operations. Explosives will not be used during mining nor reclamation of the property. Table 2. Typical Equipment List Equipment Make Generator CAT Jaw Crusher CED Material Belt SUP Screen Plant Tee Reticulate Belt SUP Cone Crusher Tee Stacker SUP Parts Trailer various Water Truck Peco Water Tower (12k gal) Mega Fuel Tank (12k gal) SC Fuels Bulldozer CAT Long-reach Excavator Volvo/CAT Sheepsfoot Bomag Scraper/Grader CAT Feeder FAB Stacker SUP Staffing Three to five employees will be present on the site. The specific numbers will vary depending upon the mining phase. IHC Scott – Rifle Gravel Pit #1 August 2022 1-5 General Schedule of Operations The Rifle Gravel Pit #1 will operate from 7 a.m. to 7 p.m. Monday through Friday, and weekends, as needed. Excavation operations will occur on an 8-month seasonal schedule, generally April – November as temperatures allow. Due to the nature of the wet mining process, where material is excavated in a saturated state, it is not possible to operate the pit during periods of freezing temperatures. Sales operations may occur year-round if there is commercial demand for the material. Approximately 3 to 5 employees will be on site during the mining operations. No nighttime activities are anticipated. Occasional equipment repair, or maintenance may be conducted at night, but lighting is anticipated to come from temporary, mobile sources; the site will not have ambient lighting. Access Access to the property is via the frontage road on the north side of I-70, accessed via the Mamm Creek interchange. The frontage road is classified as County Road 346 (Figure 1), although it is within the CDOT right-of-way for the interstate. Mr. Dale Stephens, Garfield County Road and Bridge Department, confirmed that the access permit for this project is through CDOT. Appendix B includes a copy of the signed CDOT State Highway Access Permit. Permits Expected permits (and non-ministerial approvals or consultations) for this development include: • Garfield County: Land Use Change Permit (Major Impact Review, Major Impact Extraction, Gravel Project). • Garfield County: Fencing Construction Permit • Garfield County: Grading/Driveway Construction Permit • Colorado Department of Transportation: Access Permit • Colorado Department of Health & Environment (CDPHE): Construction Stormwater Discharge Permit and Stormwater Management Plan • Colorado Division of Mining, Reclamation, and Safety (DRMS): Construction Material, Regular (112) Operation Permit Request for Waivers Scott is requesting four waivers: 1) the Water Supply and Distribution Plan standard (Article 7: 7-104 and 7-105); 2) the Wastewater Treatment Plan standard (Article 7: 7-104 and 7-105); 3) the 100-foot setback requirement for industrial facilities (Article 7-1001); and 4) the Waterbody setback requirement (Article 7-203). Accompanying explanations as to why the waivers from these standards are warranted are included with this application (Section 2). Water Supply and Distribution Plan Standard Waiver The location of the proposed project does not facilitate water service from either the Town of Silt or the City of Rifle. Scott proposes to purchase water for on-site use from a bulk water seller and haul to the site for storage and use. This will provide adequate hand washing facilities, in addition to the mentioned water bottle filling are provided to employees during the proposed 12-hour days of operation. Scott will conduct annual IHC Scott – Rifle Gravel Pit #1 August 2022 1-6 testing of the water in the storage facility on-site occur to ensure that water quality is maintained throughout the project. Additionally, Scott will retain invoices from the bulk water purchases on-site in case an employee develops a water-borne illness, to allow for tracking of the potential water source. Wastewater Treatment Plan Standard Waiver Due to the nature of the gravel extraction process and this project, the construction of a traditional OWTS is not feasible for this project. Scott will use of a “vault-and-haul” system that utilizes an above-ground holding tank could be used and moved across the site as the project progresses. Scott will have a trailer outfitted with two restrooms for staff. This trailer will have one 2,000-gallon tank to capture waste from the toilet and handwashing facilities. A high-level float alarm will also be installed and notify Scott when the tank needs to be pumped. The handwashing facilities will be designed to receive potable water (treated). Industrial Facility 100-Foot Setback Scott is requesting a waiver from this standard. Rural Zone district only requires 50’ front setback, 25’ rear, and 10’ side. Scott is requesting a uniform 25’ setback to apply to the boundaries of the parcel. The Industrial Facility Setback is intended to protect neighboring land owners and the public from noise, odor, and visual impacts associated with such facilities; Scott is requesting the setback variance based on the absence of any occupied structures in the project’s vicinity, the dominance of noise and visual impacts from the adjacent interstate , the proposed perimeter berms surrounding the site, and the absence of through traffic on CR 346 due to it ending in a cul-de-sac 1 mile east of the property entrance. Waterbody 35 Foot Setback There will be no direct impact to Waterbodies, as defined in the LUDC. However, there are wetland areas in proximity to the limits of disturbance. Article 7-203.B (Structures Permitted in Setback) states that, “Irrigation and water diversion facilities, flood control structures, culverts, bridges, pipelines, and other reasonable and necessary structures requiring some disturbance within the 35-foot setback may be permitted”. Scott is requesting a waiver to allow the construction of the perimeter berm partially within the setback area, with the outermost perimeter of disturbance no less than 25-feet from the edge of delineated wetlands. The waiver request is based on the need to maintain a sufficient physical extent in the operating area to allow viable operations. The waiver request is justified because the perimeter berms are necessary structure that provide visual and auditory mitigation and flood control benefits, while also serving as a physical barrier separating the nearby wetlands from Scott’s operation. Note that, when accounting for the combined 25-foot setback and the width of the berm, Scott’s excavation activity will not be closer to the wetland areas than approximately 50 feet, which provides substantial physical protection for the wetland areas. Zoning and Comprehensive Plan The Official Zoning District Map of Garfield County designates the western portion of property as within the Rural Zone District (Garfield County Land Use and Development Code 2013 [LUDC 2013]). The following is a description of this Zoning District: IHC Scott – Rifle Gravel Pit #1 May 2022 1-7 • Rural (R). The Rural Zone District is comprised of the County’s rural residential areas, agricultural resource lands, agricultural production areas, and natural resource areas. Uses, densities, and standards established for this zone district are intended to protect the existing character of the area from uncontrolled and unmitigated residential, commercial, and industrial use. The zone district provides for the use of natural resources, recreational development, rural residential, and other uses. Within the Rural District, Industrial Uses, Gravel Operations is allowed, per a Major Impact Review process. Within the County Comprehensive Plan (Future Land Use 2030), the entire property is within the Residential Medium High Density (2 to <6 acres per dwelling unit) overlay, and the eastern half of the property is also included in the Silt Urban Growth Area. • Residential Medium. This would include small farms, estates, residences, and clustered residential subdivisions. The density of residential uses is one dwelling unit per six to 10 acres. • Silt Urban Growth Area. The eastern half of the parcel is within this area. County policies include consideration of the future land use patterns expected with the growth of the Town of Silt’s development area. Mineral resource extraction activities are allowable within these future land use designations, and this application is consistent with the Policies and Strategies in the Comprehensive Plan (Chapter 3, Section 9: Mineral Extraction, Garfield County Comp. Plan 2030). Mining Plan and Schedule of Operations Scott will prepare the site for mining, and then mine the property in four phases. Representative diagrams are included in Figure 2, Figure 3, and Figure 4 and the complete plan set is included in Appendix C, providing additional details associated with this application and the Mining Plan. Site Development and Grading (Phase 1) No mining will occur during Phase 1. This phase of the project will include minor site grading and vegetation removal on the 19.00 acres of proposed disturbance, and construction of the Operations Pad and site access/driveway apron. The mine will use conventional earth moving equipment including, but not limited to a bulldozer, track-hoe, and a 35-ton haul truck. Specific activities include the following. Access work A paved access apron will be constructed to access the project site from the CR 346 (Interstate-70 frontage road). CDOT has reviewed the plans and issued an access permit to allow for this construction (See Appendix B). The tailwater channel bisects the property, isolating the northern portion of the proposed mining footprint from the road access on the parcel’s southern boundary. Scott will not disturb the tailwater channel in its existing location and will implement Best Management Practices (BMPs) to prevent mining operations from discharging into or comingling with these waters. Scott will utilize the single existing crossing of the channel to access the northern portion of the property. The existing crossing includes an adequate culvert, and maintenance will be IHC Scott – Rifle Gravel Pit #1 May 2022 1-8 limited to the replacement of eroded overburden, to restore the crossing to an adequate 12- foot-wide travel surface. Surface preparation Topsoil and overburden will be stripped from the mining area; the overburden will be used to construct the required berms along the perimeter of the site, and the topsoil will be applied to the berms as a surface layer to support reclamation seeding. These berms will be placed at the inside edge of the proposed 25-foot setback from the property line. These berms will be roughly 5-feet in height and 25-feet wide at the bottom and will also help control noise and visual impacts during operation (see Figures 2, 3, and 4 specifically Berm Details B/6, D/7, and E/7, respectively). The existing topsoil and will be stripped and used for the required berms along the perimeter of the site (Figures 2 - 4). Note that the thickness of topsoil and overburden across the site vary. The boring holes indicate the overburden thickness can vary from 1 to 7 feet. Appendix C includes the typical cross-sections at the boring holes. These berms will serve many purposes but specific to drainage and erosion control they will prevent runoff of stormwater onto the site and protect the operations from the influence and flooding by the Colorado River. Additional erosion and sediment control BMPs will be installed IHC Scott – Rifle Gravel Pit #1 May 2022 1-9 Figure 2. Phase 3 30% Mining Progression IHC Scott – Rifle Gravel Pit #1 May 2022 1-10 Figure 3. Phase 3 60% Mining Progression IHC Scott – Rifle Gravel Pit #1 May 2022 1-11 Figure 4. Phase 3 100 % Mining Progression IHC Scott – Rifle Gravel Pit #1 May 2022 1-12 per the Erosion Control Plan (See Sheets 9 - 10 in Appendix C) and Stormwater Management Plan and Permit requirements. Surplus topsoil and overburden material remaining after construction of the berms will be stockpiled at the processing facility. Sufficient material will be retained for final reclamation purposes, with the remainder to be sold as topsoil and clean fill material, respectively. Facility Construction A processing and sales facility (scale house) will be constructed at the entrance to the project site. This will include the material stockpile locations, loading chute and processor, the scale house, vehicle parking, and the minimal facilities needed for onsite staff (vault-and-haul toilet system, water tank, work trailer) (See Sheet 12 in Appendix C for a typical layout). 1.1.8.1.1 Water Handling Stormwater Management Scott will apply for coverage under Permit No. COR400000, CDPS General Permit (for) Stormwater Discharges Associated with Construction Activity at least 10 days prior to the commencement of construction activities disturbing greater than or equal to 1 acre. This permit has several requirements that address water quality and stormwater management, including monitoring and reporting, and the development and implementation of a Stormwater Management Plan (SWMP). Irrigation Flow Management During Phase 1 of the mining development, Scott will not disturb the tailwater channel in its existing location and will implement BMPs to prevent mining operations from discharging into or commingling with these waters. Scott will repair the existing culverted crossing of the tailwater channel to provide vehicle access across the tailwater channel. There will be no changes to the current volumes and locations of irrigation return flows across the property. Wetland Protection A Comprehensive Delineation was completed for the entire property, at the request of the U.S. Army Corps of Engineers (USACE). Scott has submitted this delineation and Aquatic Resource Report to the USACE and requested a Boundary Confirmation (a formal written acceptance of the mapped wetland boundaries). Note that no attempt has been made to distinguish wetlands supported by agricultural water from naturally occurring wetlands: Scott will avoid impacts to any areas with wetland conditions regardless of the supporting hydrology. The project area has been designed to maintain a minimum 25-foot buffer between any wetland areas and the outer boundary of surface disturbance. The wetland boundaries will be flagged in the field during Phase 1 to ensure that no unintentional impacts occur to the wetlands during surface preparation and berm construction. Once the perimeter berms are constructed, they will serve as a physical barrier separating the mining activity from the adjacent wetland areas. Between the 25-foot buffer and the berm width, there will be approximately 50-foot separation between mine activity and the boundary of wetlands on the parcel. Appendix E includes a copy of the Comprehensive Wetland Delineation Report & Request for Boundary Confirmation. Mining Preparation (Phase 2) No mining will occur during Phase 2. This phase of the project will complete any minor components of site grading, vegetation removal, and construction of the site access/driveway IHC Scott – Rifle Gravel Pit #1 May 2022 1-13 initiated during Phase 1, if necessary. Primary activities in this phase include the mobilization and placement of the heavy equipment, a temporary work trailer, screening and wash equipment, temporary vault-and-haul septic trailer, and potable water. This phase will also include the installation of the secondary containment structures associated with the Spill Prevention, Control, and Countermeasure (SPCC) requirements for fueling activities (Appendix F). Equipment for this phase will include, but not be limited to, a bulldozer, track- hoe, and a 35-ton haul truck. 1.1.8.2.1 Water Handling Phase 1 water management activities will continue throughout this phase. No additional water diversions nor impoundments will be required during this phase. Irrigation return flows will be conveyed across the property without change. Mining Extraction (Phase 3) Phase 3 includes excavating and processing operations for the 12.39 acres of mining area within the 19.00 acres of disturbance. The mine will use conventional mining equipment for this phase, including but not limited to a long-reach excavator, a bulldozer, track-hoe, screening plant, wash plant, crusher, and a 35-ton haul truck. This section describes the mining methods, earthmoving, and size of the areas anticipated to be mined at the 30%, 60%, and 100% mining development of the 12.39 acres over three to five years. Size of Area Worked at 30% The estimated area to be mined at 30% is approximately 3.72 acres (depicted in Figure 2) and amounts to approximately 87,843 CY of mined material. Size of Area Worked at 60% The estimated area to be mined at 60% is approximately 7.43 acres (depicted in Figure 3) and amounts to approximately 175,686 cumulative CY of mined material. Size of Area Worked at 100% The estimated area to be mined at 100% is approximately 12.39 acres (depicted in Figure 4) and amounts to approximately 292,810 cumulative CY of mined material. 1.1.8.3.1 Mining Methods and Earthmoving This phase of the project will include mining, stockpiling of material for screening, washing and crushing processes. The working surface of the mine will consist of the alluvial gravel surface that is exposed after removal of the overburden. A long-reach excavator stationed on the edge of the pit will excavate material to a depth of approximately 20 feet. The pit will fill with water as excavation proceeds, forming a pond that expands as the excavator continues to remove material. The pond water will be in direct contact with the water table of the Colorado River via lateral migration through the underlying permeable gravels. Excavated material will be piled on the edge of the pond for approximately 24 hours, to allow drainage of free water from the material back into the pond. This will occur through a combination of surface runoff into the pond and infiltration of the free water through the underlying gravels into the pond. Sideload dump trucks will travel to the pond edge and will be loaded with the dried material daily. The dump trucks will transport the dried material from the active excavation area to the IHC Scott – Rifle Gravel Pit #1 May 2022 1-14 processing facility (800 -1,500 feet depending upon the mining location), where the material will be stockpiled for washing, processing, and subsequent sale. 1.1.8.3.2 Water Handling Any agricultural return flows in the tailwater channel, which are estimated at <2 cubic feet per second (cfs) during peak irrigation season, will be discharged into the pond, where they will mix with the alluvial aquifer and migrate laterally through the permeable gravels into the larger Colorado River water table. Given the minimal flows in the ditch, the large size of the pond (estimated at approximately 6 acres within one year), and the highly permeable nature of the gravel, the agricultural return flows will have a negligible effect on water levels in the pond. As excavation proceeds, the tailwater ditch will be subsumed into the expanding pond boundaries, until under final conditions the discharge point of the ditch to the pond will be located where the ditch enters the eastern boundary of the property. No other changes to irrigation return flows are proposed, and no additional water handling activities are included. Scott will comply with the State Engineer Office’s (SEO) rules and regulations regarding any water depletions that may also occur during mining operations from water lost due to evaporation and water used for dust suppression. Reclamation (Phase 4) The entire extent of the Permitted Area will be restored back to natural conditions upon completion of mining, including the removal of all temporary structures (office, vault and haul toilets, potable water, screen, crusher, equipment). Reclamation will generally proceed in concert with the excavation since the expansion of the pond boundaries will make later access to the perimeter of the mine difficult. A six-foot wide fringe of 5:1 slope will be left at the inner edge of the perimeter berm and planted with wetland reclamation species. The pond surface will be in direct contact with the Colorado River’s water table, and the pond surface elevation will rise and fall in concert with the river level. The intention is for the six-foot wide perimeter fringe to be nearly inundated during high-water periods as the water table rises, and then to be progressively exposed as the water table drops during the growing season. The remainder of the pit slope to the bottom of the pond will be graded at approximately 3:1, not to exceed 2:1. This reclamation design follows County standards for gravel mine reclamation (LUC Section 7-1002.H). This design is not intended to provide formal wetland compensatory mitigation per USACE standards, as no impacts to wetlands are proposed. The perimeter berms and the Operations Area will be resurfaced with topsoil and revegetated with approved seed mixes as the upland reclamation area (totaling 5.83 acres). The wetland slope fringing the pond is approximately 0.79 acres, and under final conditions the surface of the pond is expected to be 12.56 acres. Note that the total acreage reported slightly exceeds 19.00 acres because the median elevation of the pond will inundate a portion of the wetland slope fringe. See Section 2.12 for additional information regarding reclamation of the property. IHC Scott – Rifle Gravel Pit #1 August 2022 2-1 2.0 Submittal Requirements This application was prepared according to the following regulatory provisions: • Garfield County Comprehensive Plan 2030 – 2020 Update • Garfield County Land Use and Development Code, as amended • Section 4-101 – Common Review Procedures • Section 4-105 – Major Impact Review • Section 4-203 – Submittal Requirements • Applicable Provisions from Article 7, Standards (Article 7, Divisions 1-3; Section 7-1001 Industrial Use; and Section 7-1002 Gravel Extraction) • City of Rifle • Town of Silt • Colorado River Fire Rescue • CDPHE Air Quality • Division of Reclamation Mining and Safety (DRMS) 2.1 General Application Materials Section 4-203.B of the LUDC lists forms and agreements that are required for the Permit Application, including: • Payment Agreement Form • Proof of Ownership (title work, copy of deed) • Statement of Authority Form • Names and Mailing Addresses (properties within 200 feet) (See Figure 5) o North – Colorado River Ranch, LLC o West - Rex Robinson Ranch, LLC; (includes the Swanson Colorado Trust; Ilgen, Carrol Jeanne; Rosa, Linda Jane; Robinson, James Dean) o West – Island Park, LLC o South – Colorado Department of Transportation (CDOT) o East – Shidelerosa LLLP [This information was obtained from the Garfield County Colorado Land Explorer (Garfield County, May 2022)] • Mineral Rights Ownership • Pre-Application Summary Signed copies of these forms and agreements are included in Appendix A. 2.2 Vicinity Map and Site Plan Section 7-203.C of the LUDC outlines various features that need to be included in a Vicinity map within a radius of approximately 3 miles of the project. Figure 1 depicts the vicinity of the Rifle Pit #1 property. Section 4-203.D outlines various features that need to be included in the Site Plan. Appendix C includes the complete project plan set and Figures 1 - 4 provide additional location and site details. 2.3 Grading and Drainage Plan Section 4-203.E of the LUDC outlines the elements of the Grading and Drainage Plan. Appendix F contains the Grading and Drainage Report and supplementary information. IHC Scott – Rifle Gravel Pit #1 August 2022 2-2 2.4 Landscaping Plan Section 4.203.F of the LUDC outlines the Landscaping Plan requirements. This section of the LUDC also mentions that industrial uses are exempt from landscaping standards. The Project constitutes an industrial use; therefore, a reclamation and revegetation plan has been developed for the site in lieu of landscaping. Please refer to Section 2.12.7 Revegetation/Reclamation regarding post-mining reclamation plans, and to Figure 6 for schematic details. 2.5 Impact Analysis Section 4-203.G of the LUDC outlines the Impact Analysis requirements. This can be found in Appendix G. 2.6 Development Agreement / Improvements Section 4-203.J and 4-203.K of the LUDC outline the Development Agreement / Improvements Agreement requirements. Scott believes there are no vesting issues and identified improvements to the North Frontage Road have been permitting and will commence upon approval of this permit application. 2.7 Basic Traffic Study Section 4-203.L of the LUDC outlines the Traffic Study – Basic Traffic Study requirements. A copy of the CDOT-approved Traffic Impact Study is included Appendix B. The I-70 N Frontage Road (also known as CR 346) will be used to access the site (Figure 1). The County Road and Bridge staff confirmed that any increased traffic along this road is to be addressed using the CDOT process. CDOT has approved the traffic impacts of this project as part of their review and issuance of an Access Permit for the Project. 2.8 Water Supply / Distribution Plan Scott is requesting a waiver from this standard. The location of the proposed project does not facilitate water service from either the Town of Silt or the City of Rifle. Scott proposes to purchase water for on-site use from a bulk water seller and haul to the site for storage and use. This will provide adequate hand washing facilities, in addition to the mentioned water bottle filling are provided to employees during the proposed 12-hour days of operation. Scott will conduct annual testing of the water in the storage facility on-site occur to ensure that water quality is maintained throughout the project. Additionally, Scott will retain invoices from the bulk water purchases on-site in case an employee develops a water-borne illness, to allow for tracking of the potential water source. Scott will also provide adequate hand-washing facilities and water bottle filling services to its employees during the daily operations. Water purchases and water quality documentation will also be retained for the drinking water and hand-washing water services. IHC Scott – Rifle Gravel Pit #1 August 2022 2-3 Figure 5. Adjacent Landowners within 200 Feet IHC Scott – Rifle Gravel Pit #1 August 2022 2-4 Figure 6. Reclamation Plan IHC Scott – Rifle Gravel Pit #1 August 2022 2-5 Waiver Request Justification (provided to Garfield County Public Health) Justification for this request is addressed per the requirements outlined in Section 4-203.M of the LUDC, as applicable. Overall, the Rifle Pit #1 property cannot be supplied potable water from City of Rifle or Town of Silt, as the property is more than a mile from the City of Rifle’s water system and more than a mile from the Town of Silt’s water system. Scott communicated with City of Rifle and Tow n of Silt on October 29, 2019 and confirmed that neither entity could serve the Rifle Pit Property without significant infrastructure improvements and line extensions. Because potable water is not available from City of Rifle or Town of Silt, Scott is requesting a waiver for the requirement to construct a permanent potable water supply and distribution system, and instead proposes to haul potable water onto the site to supply employees with potable water. Water for potable uses only: • Water supply at the Rifle Pit will be for potable uses only. Available water and ability to support potable drinking water only (no landscape or irrigation): • There will be no landscape irrigation on the Rifle Pit property. As described above, potable water is not available from City of Rifle or Town of Silt. Scott is therefore planning to truck potable water onto the site to supply employees with potable water. Scott will supply employees with an adequate amount of potable drinking water (estimated at 15 gallons per shift with five employees as described below). A minimum 4-hour pump test will be performed on the well. The results of the pump test will be analyzed and summarized in a report: • Because potable water will be trucked onsite and not provided by a well, there will not be a well for potable supply. Because there will not be a well, no pump test or pump test report is required. An estimate of the water supply requirements for the proposed development through build - out conditions: • The number of employees on-site will vary from three to a maximum of five, depending upon the phase of development. General Occupational Safety and Health Administration (OSHA) requirements regarding potable drinking water do not specify a quantity, but State of California OSHA standards require each employee be provided with one quart of water per hour during each shift for drinking water, where potable water is not supplied by plumbing (State of California T8CCR 3395(c)). Hours of operation will be from 7 a.m. to 7 p.m. 5 days per week. For five employees on a shift, the potable water demand would be 15 gallons per shift, 75 gallons per week, and 3,900 gallons per year. A description of the physical source of water supply that will be used to serve the proposed development: • Scott can truck in water to supply a fill station onsite to allow employees to fill water bottles or could supply potable water with single use water bottles. Trucked water can be refilled from the Town of Silt bulk water sales location on South 7th Street (approximately five miles from the Rifle Pit site). Bulk water can be purchased at a rate of $0.50 per 50 gallons of water using a pre-paid bulk water card purchased from the Town. The cost of potable IHC Scott – Rifle Gravel Pit #1 August 2022 2-6 water supply from Town of Silt bulk water is approximately $40 per year for five employees. An estimate of the amount of water yield projected from the proposed water supply under various hydrologic conditions: • Because water will be trucked onsite, an analysis of yield under various hydrologic conditions is not required. Water supply will be available from bulk water trucked onsite or from bottled water. Water conservation measures, if any, that may be implemented within the proposed development: • The proposed water trucking and vault-and-haul waste solution will conserve water in comparison to flush toilets and an onsite water supply. Additional conservation of water is provided not having any landscape or lawn irrigation on the property. Water demand management measures, if any, that may be implemented to address hydrologic variations: • Water demand management measures are not required to address hydrologic variations. Because water will be trucked onsite, water availability is not vulnerable to hydrologic variations. Fill station – submerged water tank/cistern: • Potable water trucked onto the site will be provided to employees from a water fill station. The water fill station will be in or near the office trailer on the property. The water fill station will be a closed tank to prevent contamination and will be fille d by trucking water to the site from the bulk water sales location (such as Town of Silt bulk water sales on South 7th Street). One example of a jobsite potable water fill station is the PolyJohn FWD3-1000 Water Works 93-gallon freshwater system, which is designed for providing fresh water at office trailers and uses a built-in on-demand pump (requires 120-volt hookup). With five employees (75 gallons of water per week) a 93-gallon tank would need to be refilled slightly less often than once per week. As a backup, single use gallon water jugs could be provided. 2.9 Wastewater Treatment Plan Scott is requesting a waiver from this standard. Due to the nature of the gravel extraction process and this project, the construction of a traditional OWTS is not feasible for this project. Scott will use of a “vault-and-haul” system that utilizes an above-ground holding tank could be used and moved across the site as the project progresses. Scott will have a trailer outfitted with two restrooms for staff. This trailer will have one 2,000-gallon tank to capture waste from the toilet and handwashing facilities. A high-level float alarm will also be installed and notify Scott when the tank needs to be pumped. The handwashing facilities will be designed to receive potable water (treated). Waiver Request Justification (provided to Garfield County Public Health) Requirements outlined in Section 4-203.N of the LUDC are listed and addressed below to support the request for a waiver. IHC Scott – Rifle Gravel Pit #1 August 2022 2-7 If the proposed land use is to be served by an existing public collection system and treatment facilities, evidence that provision has been made for adequate service to the proposed land use, in compliance with State and local regulations. • Because sewer services are not available from City of Rifle or Town of Silt Scott will provide a vault-and-haul toilet system for the wastewater needs. If On-Site Wastewater Treatment Systems (OWTS) are proposed: • No OWTS will be installed, and Scott will provide a vault-and-haul toilet system for wastewater needs. If a new wastewater treatment facility is proposed: • No wastewater treatment facilities are proposed for this operation. Description of the proposed method of financing the collection and treatment facilities. • No financing is needed to support Scott’s contracting for the provision of a vault-and-haul toilet system for this proposed operation. Wastewater system design: • No wastewater treatment facilities are proposed for this operation. Occupancy restrictions: • Not applicable for this application and proposed development. Repair and maintenance: • Not applicable for this application. Maintenance of the toilet system will be the responsibility of the contracted vendor. Public system availability: • The Rifle Pit property cannot be supplied by the City of Rifle or Town of Silt, as the property is more than a mile from the City of Rifle’s and the Town of Silt’s wastewater systems. Private system feasibility: • The suitability of the soils and planned mining operations of the property will not allow for an OWTS; therefore, Scott will be placing the vault-and-haul toilet system on-site to support the sewer needs of the three to five employees. No public use of these facilities will be allowed. 2.10 Garfield County LUDC: Article 7 – Standards Division 1 – General Approval Standards Section 7-101. Zone District Use Regulations The property is currently zoned Rural, and this application proposes to pursue gravel mining activities on this property. All requirements of Article 3, Zoning, will be met with this proposal, through the Major Impact Review – Land Use Change Permit process. Section 7-102. Comprehensive Plan and Intergovernmental Agreements IHC Scott – Rifle Gravel Pit #1 August 2022 2-8 The Garfield County Comprehensive Plan -2030 addresses mining in Chapter 3, Section 9 – Mineral Extraction. It states that Garfield County has significant mineral resources that provide, and will continue to provide, a considerable benefit to the economic health of the county. The goals set in place seek to ensure that mineral extraction is regulated appropriately and promotes responsible development. The Future Land Use map from the Comprehensive Plan illustrates the subject property as Residential Medium High (RMH). Scott goes into detail in various reports and narratives as how the proposed mining operations will operate in conformance with multiple regulatory agencies. Scott’s adherence to regulatory policies and rules will result in limited, short-term impacts to the surrounding properties while infusing economic benefits, promoting a thriving community, and minimizing impacts to wildlife. Section 7-103. Compatibility The nature, scale, and intensity of the proposed gravel mining operation will be compatible with adjacent land uses. The surrounding land uses are mixed industrial and agricultural in nature; there is an oil/gas pad immediately to the west, an open pit aggregate mine less than 0.5 miles to the west, and agricultural uses to the north and east. Garfield County is a “Right to Mine” County guaranteeing mineral rights owners the right to extract minerals in all zone districts of the county. Visual and sound impacts will be mitigated with Garfield County Conditions of Approval and DRMS Standards. Section 7-104. Source of Water The project has a legal and adequate water supply plan. Impacts to local groundwater and surface water have been avoided by utilizing a wet-mining approach that will not disrupt existing groundwater flows or elevations. As described, no pumping, piping, or discharge of collected waters will be required. Augmentation to offset evaporative losses from the exposed groundwater in the pond and the wet aggregate, as well as dust control uses, is required per Colorado’s Revised Statutes (CRS) to protect downstream senior water right holders. Scott has developed a Supplementary Water Supply Plan (SWSP) that estimates the annual losses during active operations at 66 acre-feet, and the annual losses after reclamation at 44 acre-feet (solely due to evaporation from the pond surface). These losses will be augmented by Scott in accordance with CRS requirements and Division of Water Resources requirements. Section 7-105. Central Water Distribution and Wastewater Systems Scott is requesting a waiver from these standards. See Section 2.8 and Section 2.9 of this application. Section 7-106. Public Utilities No additional public utilities are required for this project. There is an existing electric service connection adjacent to the property along CR 346. Section 7-107. Access and Roadways The proposed mine will be accessed using the existing private driveway off CR 346. The current access road will be improved by widening the driveway and constructing an entry apron so that trucks and other machinery will be able to enter and exit from the property with appropriate turn radii. The access road meets or exceeds minimum County standards and complies with the CDOT standards, for adequate and safe access and will support projected Average Daily Traffic (ADT) at full build out (Appendix B). Section 7-108. Use of Land Subject to Natural Hazards IHC Scott – Rifle Gravel Pit #1 August 2022 2-9 The subject property is not located within any known natural hazard areas. Section 7-109. Fire Protection Scott will work with CRFR and Garfield County to assign an address for the Rifle Pit #1 property. Scott will also obtain a CRFR Burn Permit and State of Colorado Open Burning Permit, if needed. A burn permit is not anticipated at this time, due to the extremely limited extent of woody vegetation within the proposed area of disturbance. It should also be noted that Scott will not allow materials or wastes to deposited in areas susceptible to causing them to be transferred off the property. Division 2 – General Resource Protection Standards Section 7-201. Agricultural Lands The proposed mine will not have a significant negative impact on agricultural lands or operations. The Project would directly result in the permanent loss of approximately 19 acres of pastureland, which have been utilized intermittently in the past as seasonal grazing areas to support cattle operations. There would be no indirect impacts or disruptions to the surrounding pasture operations, as the Project would not affect surface water flows or groundwater elevations. The remaining area of the Project parcel (approximately 30 acres) would continue to be potentially available as pasture ground if Scott determines that that use is compatible with their operations. The only irrigation infrastructure within the Project area, is the tailwater channel of the Last Chance Ditch that runs across the property from east to west and ultimately discharges into a naturalized channel that is tributary to the Colorado River. As previously described, there is no ditch company that owns this tailwater channel, and no downstream users on the channel. Any agricultural return flows in the tailwater ditch, which are estimated at <2 cubic feet per second (cfs) during peak irrigation season, will be discharged into the pond as excavation proceeds. These agricultural return flows will mix with the alluvial aquifer and migrate laterally through the permeable gravels into the larger Colorado River water table. The water will remain available to the larger watershed and to the existing vegetation in the same quantities and seasonality as currently exists, since it will be incorporated into the shallow alluvial aquifer. Section 7-202. Wildlife Habitat Areas The impact to area wildlife should be minimal because of this project. A 5-foot-tall berm will be constructed around the perimeter of the site during mining operations; therefore, some wildlife may experience a slight change in travel corridors to maneuver around the mine area. Scott will work with the Colorado Parks and Wildlife and address any concerns they have regarding area wildlife and animal habitat. Regarding preservation of native vegetation Scott will reclaim the site and reseed with native vegetation recommended by the soil conservation district that will be lost during operations. See Figure 7 for a list of the specific seeding and vegetation proposed for the Rifle Pit #1 area. Scott will also sanitize all work equipment and have any existing dirt, vegetation, or seeds from landscaping and operation be removed before leaving the work area and will take measures to avoid excessive sedimentation into the Colorado River at the point of the operation. Scott will apply for coverage under Permit No. COR400000, CDPS General Permit (for) Stormwater Discharges Associated with Construction Activity at least 10 days prior to the commencement of construction activities disturbing greater than or equal to 1 acre. This IHC Scott – Rifle Gravel Pit #1 August 2022 2-10 Figure 7. Erosion Control, Reclamation, Revegetation, Seeding, and Planting Information IHC Scott – Rifle Gravel Pit #1 August 2022 2-11 permit requires installation of erosion and sediment controls. This permit has several requirements that address water quality and stormwater management, including monitoring and reporting, and the development and implementation of a Stormwater Management Plan (SWMP). Note that no portion of the operation will take place in proximity to the open waters of the Colorado River, and that the excavated pond will have no direct surface connection to downstream waters, which dramatically lessens the potential for sediment discharge to the watershed. No new fencing is proposed at this time since the perimeter berms will serve as the physical boundary markers of the site’s operational footprint; however, if any new fencing needed for the proposed project will be constructed with a wildlife friendly fence. Scott has modified the project and there is no longer a nexus to a federally regulated hydrologic feature that would entrain mandatory Section 7 consultation with USFWS. However, to assess compliance with the Endangered Species Act (ESA) as a private action, seven federally listed species and one Candidate species were evaluated for their occurrence on or adjacent to the parcel, per the USFWS Threatened and Endangered species list provided by the IPaC database (USFWS 2022). Based on this analysis, the USFWS identified the Mexican spotted owl (Strix occidentalis lucida), yellow-billed cuckoo (Coccyzus americanus), bonytail chub (Gila elegans), Colorado pikeminnow (Ptychocheilus lucius), humpback chub (Gila cypha), razorback sucker (Xyrauchen texanus), monarch butterfly (Danaus plexippus), and Ute Ladies’-tresses (Spiranthes diluvialis) as potentially occurring in the area. Mexican Spotted Owl – Threatened. This species occurs in closed canopy conifer forests and deeply incised canyons in desert habitats. The project area is outside of the range of this species, and there are no canyons or coniferous habitats in the project area. There is no likelihood that Mexican spotted owls forage in the project area, given a lack of suitable habitat of any type. This project would have no effect on the Mexican spotted owl or their habitats. Yellow-billed Cuckoo - Threatened. This species occurs in dense riparian habitats with cottonwood overstories and dense shrub understories, exclusively near perennial rivers. The project area occurs at the edges of the general range of yellow-billed cuckoo but is located outside any mature riparian woodland habitats. The site is dominated by Russian olive and pasture conditions, and historical grazing pressure has reduced riparian shrub cover to minimal levels. No mature riparian woodland/shrubland habitat suitable for the species occurs on the parcel. There are no known occupied habitats in the near vicinity and no records of cuckoo occurring in the greater area. It is highly unlikely that cuckoos forage in the project area, given a lack of suitable riparian habitats. This project would have no effect on the cuckoo or their habitats. Colorado River Fish - Endangered. The USFWS identified the bonytail chub, Colorado pikeminnow, humpback chub and the razorback sucker as potentially occurring or being affected from activities on the parcel. These species occur in lower elevation, larger rivers associated with the Colorado River watershed. The Colorado pikeminnow and razorback sucker have mapped Critical Habitat extending up the Colorado River to the Highway 13 bridge in Rifle, approximately 5 river miles downstream of the project area. Activity on the parcel would not occur in or adjacent to the Colorado River and would not discharge sediments into the river. The project would result in minor water depletions because of increased evaporative losses from the surface of the dredged pond as compared to current conditions. Scott is required to develop a Supplementary Water Supply Plan (SWSP), which would replace those losses with IHC Scott – Rifle Gravel Pit #1 August 2022 2-12 releases to the Colorado River from other water rights held by Scott. As a result of the SWSP, there would be no indirect loss in in-stream flows because of the project. The project would also be required to implement a stormwater management plan, in compliance with DRMS regulations as well as for Garfield County LUC standards. This would mitigate the risk of significant sedimentation impacts to these fish. Due to the requirement to provide supplementary water to offset evaporative losses, as well as implementation of stormwater controls, it is anticipated that the project would result in no measurable or meaningful impact to occupied habitats downstream and would not measurably or meaningfully impact the listed fish. Given these factors, activities on the parcel would have no effect for the listed Colorado River endangered fish species and their Critical Habitats. Monarch butterfly – Candidate. Candidate species are not afforded full protection under the ESA; however, the USFWS encourages their consideration in environmental planning, and the USFWS regulatory guidance indicates that Candidate species should be treated similarly to Proposed Species regarding inter-agency consultation requirements. Informal consultation is requested when a provisional “is likely to jeopardize” determination is reached for a Candidate species (USFWS Sec7 Consultation Handbook, 1998). Monarch butterfly adults feed (gather nectar) from a variety of flowering plant species. However, the monarch butterfly only lays eggs and larvae only feed on milkweeds (Asclepias spp.). The western population overwinters in various coastal sites in central and southern California, and central populations overwinter in Mexico. Monarchs have multiple generations during their migrations; the second, third and fourth generations return to their northern locations in the United States and Canada in the spring. The project area contains migratory and overwintering habitat for the monarch butterfly. Showy milkweed (Asclepias speciosa) is an abundant component of the vegetation in the transitional zones along the boundaries of the wetland areas. Adult butterflies and several monarch caterpillars were observed feeding on milkweeds at the western edge of the property. Western Colorado is not part of a major monarch migration corridor, but the site is being used by migrating adults and as a potential overwintering site for the dispersed population in the area. Proposed development would occur primarily outside the mesic/wetland meadows where the majority of milkweed is located, therefore direct impacts to host plants and habitats would be largely avoided. The project would result in the complete loss of vegetation from approximately 20 acres of the property, which would result in potential direct impacts to chrysalis and caterpillars and reduce the foraging vegetation available to adult butterflies. This may result in minor, localized impacts to migrating monarch butterflies, and may reduce the attractiveness of the site as an egg-laying site. Development of the parcel is not likely to jeopardize this Candidate species, as the project may affect individuals but is not expected to alter the species’ overall range and life history patterns. USFWS consultation is not required by ESA for Candidate species where an action is not likely to jeopardize the species’ existence. Ute Ladies’-Tresses - Threatened. The project area occurs outside the known range of the Ute ladies’-tresses orchid and is a significant distance from the nearest known populations in the Roaring Fork Valley. The parcel does contain wet meadow conditions that are potentially suitable habitat for the species, although similar habitats in the Colorado River valley have been searched repeatedly and no orchids have ever been located. The potential habitats on IHC Scott – Rifle Gravel Pit #1 August 2022 2-13 the parcel have been incidentally evaluated by a trained and experienced orchid surveyor in the course of wetland assessments, and no orchids have been located. However, no systematic survey meeting USFWS standards has been undertaken on the parcel at this time. Activities on the parcel are not expected to directly impact effective habitats since the wetland areas that constitute habitat for the species will be avoided, and the project is not expected to change the existing hydrology that supports these wetlands due to the proposed wet mining development process. Given the location outside of the known range, and the avoidance of impacts to potentially suitable habitat, activities on the parcel would have no effect on the Ute ladies’-tresses orchid. Scott understands that CPW has concerns with the migration of unwanted predatory fish from the pond into the Colorado River and recommends a berm in between the pond and the adjacent property be constructed. Scott proposes to leave the perimeter berm in place along the east, north, and western portions of the property for the reclaimed condition. This would provide a secure physical barrier between the pond and any downstream surface waters. Hydrologic connectivity between the pond and the Colorado River would be exclusively through lateral migration of shallow groundwater, eliminating the potential for fish passage. Scott has developed the proposed seeding mixes and application methodology in consideration of input and guidance from the Garfield County Vegetation Manager. NRCS has also reviewed the proposed wetland and upland seed mixes and application notes and provided approval with the proposed seed mixes (Stephen Jaouen via email, 10/20/2020). See Figure 7 which provides additional seeding and planting details. To comply with Garfield County reclamation standards, Scott has designed the final status of the pond to include a wetland slope fringe six-feet wide, extending around the entire perimeter of the pond. This wetland slope will be graded at 5:1, allowing wildlife escape at any point from the pond. See Figure 6 for a schematic layout of the proposed reclamation plan. Section 7-203. Protection of Waterbodies The property currently has a tailwater channel of the Last Chance Ditch, which runs across the property from east to west and ultimately discharges into a naturalized channel that is tributary to the Colorado River. As previously described, there is no ditch company that owns this tailwater channel, and no downstream users on the channel. Any agricultural return flows in the tailwater ditch, which are estimated at <2 cubic feet per second (cfs) during peak irrigation season, will be discharged into the pond as excavation proceeds. These agricultural return flows will mix with the alluvial aquifer and migrate laterally through the permeable gravels into the larger Colorado River water table. The water will remain available to the larger watershed and to the existing vegetation in the same quantities and seasonality as currently exists, since it will be incorporated into the shallow alluvial aquifer. The portion of the tailwater channel in the western portion of the property, where adjacent wetlands have developed, will not be altered as part of the proposed activity. Scott will also implement the following additional actions to support the goal of complete avoidance of direct impacts to, or discharges into, area of wetland character: • Use silt fence or other physical barrier indicators to mark the boundaries of the wetlands delineated on the Rifle Pit property during Phase 1 Site Preparation and construct a perimeter berm at least 25 feet from the delineated edge of the wetlands. • Reclaim and revegetate the berm surfaces to control erosion and sedimentation off the berm surfaces onto surrounding areas, including nearby wetlands. IHC Scott – Rifle Gravel Pit #1 August 2022 2-14 • Monitor the wetland condition and extent, and surface water conditions, throughout Phase 3 Mining Extraction. Monitoring will use standard wetland delineation techniques in compliance with Army Corps requirements. • Monitor the current groundwater depth and the response to mining activities throughout Phase 3 Mining Extraction, using professionally installed piezometers currently existing on the property. Section 7-204. Drainage and Erosion The existing topsoil will be stripped and used to surface the required berms along the perimeter of the site. These berms will be placed inside of a 25-foot set back area from the property line and wetland areas. These berms will be roughly 5-feet in height and 23-feet wide at the bottom built at 2H:1V slope. This berm will also mitigate noise produced during operation. These berms will serve many purposes but for specific to drainage and erosion control they will prevent runoff of stormwater and intercepted groundwater off site and protect the operations from the influence and flooding by the Colorado River. The areas that are disturbed from the mining operations but not excavated into the pond (primarily the operations pad) will be contoured so they can be revegetated and will be revegetated to stabilize the surface from erosion. Section 2.12.8 addresses the temporary and permanent seeding activities and mixes to minimize erosion on and off-site. This section also addresses the larger reclamation plans for the site. The site will have an 12.56-acre pond when the proposed mining is finished and reclamation is complete. When final landform is achieved, the surface will be stabilized by vegetation to reduce further soil erosion from wind or water, provide forage and cover, prevent dust as required by State Statute, and reduce visual impacts. A uniform vegetative cover will be established with an individual plant density of at least 70% of pre-disturbance levels within 4 growing seasons per Garfield County requirements. Noxious weeds will not be counted as part of the 70% cover. The seed mixes provided in Figure 7 will be used to revegetate the site. Section 7-205. Environmental Quality The proposed gravel extraction operations will not cause the air quality to be reduced below acceptable levels as established by the Colorado Air Pollution Control Division. There will be no hazardous material stored or used at the proposed mine. Scott will apply for coverage under an Air Pollutant Emissions Notice (APEN), if needed, upon approval of the project. Based upon experience in similar operations at the Meeker, Colorado site, the first year of operation will likely not require coverage, however, and will inform the APEN application for following years of operation. An excerpt of the email from Mr. Christopher Reinhardt, Environmental Protection Specialist from the Colorado Air Pollution Control Division, to Scott confirming that the operations of the White River Pit near Meeker, Colorado, are below the APEN reporting thresholds of 2 tons per year is included below. IHC Scott – Rifle Gravel Pit #1 August 2022 2-15 Section 7-206. Wildfire Hazards The subject property falls within the Not Rated (NR) and Low Rating on the Garfield County Wildland Fire Susceptibility Index Map. Section 7-207. Natural and Geologic Hazards The area proposed for mining operations is not a known natural or geologic hazard area. Section 7-208. Reclamation Scott plans to reclaim the property as mining progresses, with only the Operations Pad remaining un-reclaimed, with a stabilized working surface, until all mining extraction is complete. Areas disturbed during development shall be restored with natural-appearing IHC Scott – Rifle Gravel Pit #1 August 2022 2-16 landforms that blend with the adjacent undisturbed topography within 90 days of completion to meet Garfield County standards. Scott will start the reclamation process as soon as mining progresses throughout the site. The excavated pit will fill with water and the pond will expand as mining proceeds; therefore, reclamation effort will be focused on the creation of the 5:1 wetland slope fringe around the perimeter of the pit. This wetland slope will be created in concert with the expanding excavation, to avoid the difficulty and disruption of returning heavy equipment to areas of the pond at the conclusion of mining. Division 3 – Site Planning and Development Standards Section 7-301. Compatible Design The surrounding properties are primarily agricultural and industrial in use therefore should not have any compatibility issues. Section 7-302. Off-Street Parking and Loading Standards There will be adequate on-site parking for mining and construction activity, within the property owned by Scott. Section 7-303. Landscape Standards Where possible, Scott will make efforts to preserve the existing vegetation on the parcel in areas outside the mining footprint. No landscaping is proposed as the project is an Industrial use. Section 7-304. Lighting Standards There will be no exterior lighting of the proposed facility. Section 7-305. Snow Storage Standards There will be adequate area for snow removal and storage within the property, however snow removal and/or storage is expected to be limited to the Operation Pad and sales area only, since mining extraction will not occur during winter conditions due to the limitations of the wet mining approach. Section 7-306. Trail and Walkway Standards Not applicable. No permanently designated trails or walkways of any type are proposed for the site. 2.11 Floodplain Development Analysis Scott understands that when a project is located within a Special Flood Hazard Area, if there is an indication or suggestion that a project is in a SFHA, or if a project is a division of land or a PUD over 5 acres in size or proposes 50 lots or greater, the application must include a Floodplain Analysis. A hydraulic model was developed using HEC-RAS to simulate flooding effects during the 100-year flood event both before and after the proposed mining operation. Hydraulic stresses were analyzed to determine appropriate erosion control and structural characteristics of the earthen berm to withstand flood conditions. The difference between the existing and proposed WSE was computed as the rise in the WSE. A floodway encroachment analysis also determined the floodway boundary, which does not cover any portion of the parcel or Project. The floodplain vicinity map is included as Sheet 3 of Appendix C, and a summary of the model WSE results is included in Appendix H. IHC Scott – Rifle Gravel Pit #1 August 2022 2-17 2.12 Gravel Extraction Activities Section 7-1002 of the LUDC requires the following information be addressed for Gravel Extraction activities. Water Quantity and Quality Impacts/Floodplain Impacts The Rifle Pit site will not store flammable or explosive solids or gases other than those required to power and/or fuel the equipment and machinery. The site has been adequately designed to handle the storage of flammable or explosive solids or gases and that the methods comply with the national, State, and local fire codes and eliminate exposure to surface and ground waters. This project will not allow materials or wastes to deposited in areas susceptible to causing them to be transferred off the property. Per the Floodplain Overlay Regulations and Development in 100-Year Floodplain requirements included in Sections 3-301 and 4-109 of the LUDC, respectively, the site design will prevent: • Storage of fuel or hazardous materials including within the Floodway Summary of Augmentation Plan for the Mining Operation To prevent injury to downstream water rights, the depletions from the Rifle Pit mining operations will have to be replaced in time, amount, and location during times of a downstream senior call. Some of this augmentation water can come from the dry-up of historically irrigated fields that are removed from irrigation (dried) when the use of the property changes to gravel mining. Whatever depletions are not covered by credits from the dry-up can be augmented with water from a contract with the Colorado River Water Conservation District (River District) or the West Divide Water Conservancy District (West Divide). Scott will file an application with water court for an augmentation plan decree to replace depletions from the Rifle Pit operations (both during and after active mining operations). It can take 1-3 years to go through the water court process and get a signed decree for an augmentation plan, depending on negotiations with the Division of Water Resources and any potential opposers. Therefore, Scott will also file an application for a Substitute Water Supply Plan (SWSP) which will allow the gravel pit to operate without causing injury to other water rights holders before a final decree is entered, with temporary approval from the State Engineer. An SWSP can only be approved for one year, but the applicant may request renewal of the SWSP by repeating the application. Estimates of water demands, and augmentation supply are discussed in detail in the SWSP, a copy of which can be provided upon request. Depletions associated with the mining operation include evaporation from the pond surface, evaporation from the exposed saturated gravels, and water used for dust control. These depletions are estimated at approximately 66 acre-feet per year during active mining, and approximately 44 acre-feet per year under final reclamation conditions. Air Quality Scott understands that evidence needs to be submitted that that uses shall have current CDPHE air pollution permits and shall meet emissions standards. IHC Scott – Rifle Gravel Pit #1 August 2022 2-18 The proposed gravel extraction operations will not cause the air quality to be reduced below acceptable levels as established by the Colorado Air Pollution Control Division. There will be no hazardous material stored or used at the proposed mine. Scott will phase the mining activities to be less than 100,000 tons during the first year of operations. Scott will size the equipment requirements during this first year of operation and apply for coverage under an APEN, if applicable. Noise/Vibration Scott understands that the LUDC, Division 7-1002 for Gravel Extraction, Section C. Noise/Vibration, specifies noise thresholds per Neighboring Use (see Table 7-1002). The property to the east has a Residential use and the noise threshold from 7 a.m. to 7 p.m. is 55 dB(A) and from 7 p.m. to 7 a.m. is 50 dB(A). Scott collected ambient noise levels1 on September 30, 2020, between 12:38 p.m. and 12:45 p.m. at various locations to get the ambient noise readings from the neighboring interstate. The modeling analysis was developed to predict operational sound levels at adjacent properties and verify compliance of operations with the Colorado Revised Statutes (CRS) 25-12-103 noise standards (Figure 8). The ambient noise level measured at a location on the Rifle Pit #1 property approximately 100 feet from a point on the north side of I-70 (Fence) was 55.7 dB(A). This level is equivalent (and slightly greater) than the Residential use noise threshold for the 7 a.m. to 7 p.m. timeframe. Scott also took noise measurements from one of their existing operations that would reflect the proposed operations and equipment for the Rifle Pit #1 (Figure 9). The projected noise level at the Residential property boundary would be about 70.8 dB(A) assuming the equipment is placed 200 feet inside the boundary. This projected noise level does not account for the impact of the perimeter berms to provide noise mitigation. The net effect of the Scott Rifle Pit #1 operations only is expected to be below the 50 dB(A) threshold for neighboring residential use. Scott could measure noise levels upon commencement of mining operations; however, with the ambient noise levels of I-70, they would not be representative. Table 3 summarizes the ambient noise data at the Rifle Pit #1 property. 1 Ambient Noise (per LUDC definition). The total of all noise in a situation, independent of the projected noise from any new particular source or increase in existing sources of noise. Ambient noise includes both sustained background readings and existing fluctuations in noise levels. IHC Scott – Rifle Gravel Pit #1 August 2022 2-19 Figure 8. Rifle Pit #1 Ambient Noise Measurement Locations IHC Scott – Rifle Gravel Pit #1 August 2022 2-20 Figure 9. Noise Measurements taken at the Meeker, Colorado Scott Operations, Superimposed at the Rifle Pit #1 Property IHC Scott – Rifle Gravel Pit #1 August 2022 2-21 Table 3. Sound Monitoring Data (Ambient for the Rifle Pit #1 Property) Sound Monitoring SCI-001 Sand & Gravel Operations Rifle Pit #1, Colorado Distance from Active Mining Operations Measured Noise Level (dBA) Ambient Noise Measurement Location Measured Ambient Noise Level (dBA) 25 ft. 85.7 50 ft. 82.5 75 ft. 79.1 100 ft. 77.8 125 ft. 76.3 150 ft 75.3 175 ft. 74 200 ft. 70.8 CDOT Fence (Fence between CR 346 and I-70) 71.2 225 ft. 69.9 Centerline of CR 346 69.8 250 ft. 68.5 275 ft. 67.9 300 ft. 66.8 325 ft. 66.3 350 ft. 65.7 375 ft. 65.5 SCI Property Line 60.7 400 ft. 63.9 100-ft inside SCI’s Property Line 55.7 (Source: Noise Monitoring was performed with a calibrated 3M ™ SD-200 Sound Detector by Daniel Spahn, Sr. Safety Manager for Scott Contracting Inc.) This noise monitoring session shows that hearing protection should be worn whenever anyone is 40 feet or closer to any processing equipment in use at the pit. Visual Mitigation Scott ‘s proposed operation does not exceed the 30-acre threshold at which mining is required to “phased” to minimize cumulative visual impacts. Figure 2, Figure 3, and Figure 4 describe and depict the mining stages for Phase 3 of this project which include the construction of a perimeter berm. Scott has made efforts to mitigate the visual impact of the project through the use of these berms along the perimeter of the site. These berms will be placed inside of a 25- foot set back area from the property line and wetland areas. These berms will be roughly 5- feet in height and 23-feet wide at the bottom built at 2H:1V slope. The berm will support noise mitigation during operations and provide a screen to buffer visual impacts. The berm will be constructed prior to commencing any mining activity (Phase 3 Mining Extraction). Site preparation activity as described in Phase 1 Site Development and Phase 2 Mining Preparation, such as removal of overburden, shall proceed prior to the construction of the IHC Scott – Rifle Gravel Pit #1 August 2022 2-22 visual screening berms, since the resulting material will be used for the creation of the necessary screening. County Road System The I-70 N Frontage Road (also known as CR 346) will be used to access the site (). Copies of the CDOT-approved Traffic Impact Study and CDOT Notice-to-Proceed are included Appendix B. Scott understands that any required improvements shall either be in place prior to or constructed in conjunction with the proposed use/site. Compatibility with Surrounding Land Uses The nature, scale, and intensity of the proposed gravel mining operation will be compatible with adjacent land uses. The surrounding land uses are industrial and agricultural in nature as there is an oil/gas pad immediately to the west, an open pit aggregate mine less than 0.5 miles to the west, and agricultural uses to the north and east of the property. Revegetation / Reclamation Scott plans to reclaim the property as mining progresses, with only the Operations Pad remaining un-reclaimed, with a stabilized working surface, until all mining extraction is complete. Areas disturbed during development shall be restored with natural-appearing landforms that blend with the adjacent undisturbed topography within 90 days of completion to meet Garfield County standards. Scott will start the reclamation process as soon as mining progresses throughout the site. The excavated pit will fill with water and the pond will expand as mining proceeds; therefore, reclamation effort will be focused on the creation of the 5:1 wetland slope fringe around the perimeter of the pit. This wetland slope will be created in concert with the expanding excavation, to avoid the difficulty and disruption of returning heavy equipment to areas of the pond at the conclusion of mining. Description and Types of Reclamation Scott will achieve the required reclamation of the affected land per the Garfield County Land Use Permitting and seeding regulations using existing and available equipment. The primary reason for this goal is to minimize dust and erosion of the property and restore the site back to its natural conditions to the extent practicable. Figure 7 includes the amount of acreage proposed for each reclamation activity. All reclamation will occur with specified equipment and methods for attaining successful revegetation of the property. It is estimated that a 12.56-acre pond will be present post-mining (Figure 6). Post-Mining Land Use The adjacent properties are primarily agricultural, county and interstate roadways, oil, and gas well pad and the Colorado River. The post-mining land use will be like the current land use (e.g., partially vacant, and unutilized pasturage). This will not conflict with adjacent land uses, which are currently comprised of agricultural and industrial activities. IHC Scott – Rifle Gravel Pit #1 August 2022 2-23 Implementation of the Reclamation Plan Topsoil Segregation, Preservation, and Replacement The topsoil and overburden excavated, stockpiled an/ or used for berm construction during Phase 1 will be used to support the revegetation of the site. Backfilling and recontouring of the excavation area will not occur; the 12.56-acre pond filling the excavation pit will be left in place after the mining and extraction activities finish. Areas outside the boundaries of the pond, including the Operation Pad, will resurfaced with overburden and topsoil. This will be placed with a bulldozer and haul trucks. A roller will be used for compaction and sloping. Recontouring to a rough texture will support the establishment of broadcasted seeds and moisture retention. Stored topsoil and growth medium will be replaced evenly to a depth of 4-6 inches unless site conditions preclude this depth. Topsoil will also be left very rough. Soils will not be worked when wet to avoid mixing, loss of topsoil, and potential erosion issues. Final Grading Final grading of the site is depicted on the Reclamation Map (Figure 6). This figure shows the anticipated maximum slope gradient range for reclamation. The pond created by the mining activity is proposed to remain as a permanent feature of the site. The Last Chance Ditch tailwater channel will continue to discharge agricultural return flows into the pond. There are no other existing ephemeral draws and washes that pass through the mine area. Seeding Figure 7 includes the proposed seed mixes for the upland and wetland reclamation areas, as well as estimates of the revegetation area by type. Temporary Seed Mix A temporary seed mix is not proposed at this time. Construction is proposed to begin in summer of 2022, and the permanent reclamation seeding would be applied in the fall. Temporary seed mixes may be considered if the site needs additional stabilization, but the completion of reclamation in concert with mining operations should obviate the need for this measure. Long-Term/Permanent Seed Mix Seeding should occur in the late fall to avoid seeds from germinating in the summer or early fall, and then either desiccating or freezing. Figure 7 provides detailed information regarding the various types of seed mixes proposed including form (shrub, bunch, sod, etc.) and application rate. Seeding application is expected to be by drilling exclusively. Broadcast seeding may be employed in areas where drill seeding is not possible (due to steep slopes or constrained access). The wetland reclamation areas will also include hand-planting for the woody vegetation. IHC Scott – Rifle Gravel Pit #1 August 2022 2-24 Fertilization The proposed grass mixes will require little to no fertilization, and at this time supplemental fertilization is not anticipated to be necessary. Revegetation When final landform is achieved, the surface will be stabilized by vegetation to reduce further soil erosion from wind or water, provide forage and cover, prevent dust as required by State Statute, and reduce visual impacts. A uniform vegetative cover will be established with an individual plant density of at least 70% of pre-disturbance levels within 4 growing seasons per Garfield County requirements. Noxious weeds will not be counted as part of the 70% cover. Table 1 and Table 2 on Figure 7 provides detail regarding the type of seed mix, form, and application rate. Topsoiling Topsoil will be stockpiled, and later placed on disturbed areas. The anticipated depth of application for those areas where topsoil will be replaced is 6 inches. Revegetation Success Criteria Revegetation will be deemed adequate when erosion is controlled, and vegetation is approximately 70 percent of surrounding undisturbed vegetation profiles and is considered satisfactory according to DRMS standards. State or county-listed noxious weeds, as well as alien annual invasive species do not count as part of the 70 percent cover. Noxious Weed Control Noxious weeds identified through the Colorado Noxious Weed Act (C.R.S. 35-5.5) will be controlled per state and county regulation. Control will be achieved by the following measures: • A weed survey of the permit area will be completed every spring. • Infestations will be treated using approved chemicals and will be sprayed by a certified applicator. • After reclamation, weed surveys and treatment will continue until the perennial cover and production of the site have met DRMS requirements and bond release has been obtained. The Garfield County Vegetation Manager and the NRCS was consulted during the development of the Weed Management Plan (Appendix I). The reclamation plan does not contemplate total weed removal on the property; experience has shown that some weed infestation is common on the property and in surrounding areas, and complete eradication will not be feasible given limitations in control methods and surrounding infestations. Additional information regarding noxious weed control includes the commitment that Scott will treat all noxious weeds on a biannual basis, with an herbicide application in the spring (late June) and late summer (late August). Gravel storage piles will be treated with a bare ground herbicide if the piles are expected to remain for more than 1 season. Scott will use a Colorado- certified herbicide applicator. All work equipment will be sanitized and have any existing dirt, vegetation, or seeds from landscaping and operational work removed before leaving the work IHC Scott – Rifle Gravel Pit #1 August 2022 2-25 area. Prior to bond release, Scott will conduct a noxious weed inventory and bond release reports developed by third parties for submittal to DRMS and Garfield County. Reclamation Plan Schedule The reclamation process will proceed contemporaneously with the development of the mine: • The perimeter berms will receive reclamation seeding as soon as practical after they are constructed. • The wetland slope reclamation area will be constructed around the perimeter of the pond as the pond expands, and the constructed acreage will be seeded/planted on an annual basis during the appropriate planting season (typically late fall). • The operations area will be reclaimed at the conclusion of mining activities. Previously Disturbed/Unnecessary Areas Reclamation of unnecessary mine components (e.g., previously used areas which no longer will provide productive aggregate extraction) will be reclaimed on a rolling basis as extraction is completed. For any given portion of the reclamation area, the reclamation process is anticipated to take up to a year for grading, topsoil redistribution, and planting. Several years will be required for reclamation species germination, establishment, and weed control to achieve reclamation targets. Active Mining Areas No separate interim reclamation is proposed for active mining areas. Areas where aggregate extraction is ongoing will consist either of the open water of the pond, or the stabilized working surface where the excavator and dump trucks store and load gravel for transport to the processing facility on the operations pad. Dust suppression measures will be used in the active mining areas, but no revegetation is proposed. Monitoring Reclamation Success Continued monitoring of the reclamation will ensure its success. The operator plans to use the local NRCS office and Garfield County to determine the capacity of the reclaimed land to control erosion. If minor changes or modifications are needed to the seeding and reclamation plan, revision plans will be submitted to the County. It is hoped that the County will aid in evaluating the success of the ongoing reclamation process. Enforcement Scott acknowledges the enforcement requirements listed in the LUDC and that the County has performance standards in place that could lead to revocation of the Land Use Change Permit if continued violations of the permit occur over a period. 2.13 Industrial Use (Division 10 Additional Standards for Industrial Uses) Section 7-1001 of the LUDC requires the following information be addressed for all industrial uses. IHC Scott – Rifle Gravel Pit #1 August 2022 2-26 Residential Subdivisions The Rifle Pit #1 property is not located in a platted residential Subdivision. Setbacks Section 1.1.6.3 (Industrial Facility 100-Foot Setback) requests a waiver from this standard, specifically stating that, “Scott is requesting a waiver from this standard. Rural Zone district only requires 50’ front setback, 25’ rear, and 10’ side. Scott is requesting a uniform 25’ setback to apply to the boundaries of the parcel. The Industrial Facility Setback is intended to protect neighboring land owners and the public from noise, odor, and visual impacts associated with such facilities; Scott is requesting the setback variance based on the absence of any occupied structures in the project’s vicinity, the dominance of noise and visual impacts from the adjacent interstate, the proposed perimeter berms surrounding the site, and the absence of through traffic on CR 346 due to it ending in a cul-de-sac 1 mile east of the property entrance.” Concealing and Screening Previous sections of this application describe the use of a perimeter berm to conceal and screen the proposed mining operations from adjacent properties. Storing Figures 2 and 3 depict the proposed storage locations of petroleum and hazardous products and mining operations. Appendix F and Section 1.1.8 also provide information about the SPCC Plan and materials storage throughout the development of the property. Industrial Wastes Scott will comply with all Federal and State statures 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. Note we anticipate input and recommendations will be provided by the Colorado River Fire Rescue (Station 41) during the agency review process of this application. Noise Section 2.12.3 addresses the noise standards and includes site-specific data for baseline and anticipated noise from the proposed Rifle Pit #1 operations. Ground Vibration Section 2.12.3 addresses the noise and vibration from the proposed Rifle Pit #1 operations. Hours of Operation Section 1.1.3 addresses the mining plan and specific hours of operation. IHC Scott – Rifle Gravel Pit #1 August 2022 2-27 Interference, Nuisance, or Hazard The proposed mining operations at the Rifle Pit #1 property will not emit heat, glare radiation, or fumes that will substantially interfere with the existing use of adjoining properties nor that constitutes a public nuisance or hazard. IHC Scott – Rifle Gravel Pit #1 May 2022 3-1 3.0 Referral Agency Coordination Scott communicated with the following agencies as part of this application: • Colorado Department of Public Health and Environment, Air Quality Control Division • Colorado Department of Transportation • Colorado Division of Reclamation Mining and Safety • Colorado Parks and Wildlife • Colorado River Fire Rescue (Station 41) • Division of Water Resources, State Engineer’s Office • Garfield County Designated Engineer • Garfield County Environmental Health (Air) • Garfield County Vegetation Management • City of Rifle • Town of Silt IHC Scott – Rifle Gravel Pit #1 May 2022 Garfield County Special Use Permit Application Appendix A Appendix A - Forms Payment Agreement Form Proof of Ownership (title work, copy of deed) Statement of Authority Form Names and Mailing Addresses (properties within 200 feet) Mineral Rights Ownership Pre-Application Summary Letter of Authorization LAND TITLE GUARANTEE COMPANY Date: July 28, 2022 Subject: Attached Title Policy/Guarantee Enclosed please find your product insuring the property located at MALONE RANCH, SILT, CO 81650. If you have any inquiries or require further assistance, please contact George Rietsch at (303) 850-4151 or grietsch@ltgc.com Chain of Title Documents: Garfield county recorded 09/13/2019 under reception no. 925393 Property Information Binder CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this Binder mean: 2. Exclusions from Coverage of this Binder The company assumes no liability including cost of defense by reason of the following: 3. Prosecution of Actions 1. The Company shall have the right at its own costs to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein assured; and the Company may take any appropriate action under the terms of this Binder, whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. 2. In all cases where the Company does not institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense so incurred. 4. Notice of Loss - Limitation of Action A statement in writing of any loss or damage for which it is claimed the Company is liable under this Binder shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Binder until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Binder unless action shall be commenced thereon with two years after expiration of the thirty day period. Failure to furnish the statement of loss or damage or to commence the action within the time herinbefore specified, shall be conclusive bar against maintenance by the Assured of any action under this Binder. 5. Option to Pay, Settle or Compromise Claims "Land": The land described, specifically or by reference, in this Binder and improvements affixed thereto which by law constitute real property; (a) "Public Records"; those records which impart constructive notice of matters relating to said land;(b) "Date": the effective date;(c) "the Assured": the party or parties named as the Assured in this Binder, or in a supplemental writing executed by the Company; (d) "the Company" means Old Republic National Title Insurance Company, a Minnesota stock company.(e) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. (a) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. (b) Title to any property beyond the lines of the Land, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (c) Mechanic's lien(s), judgment(s) or other lien(s).(d) Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered or agreed to by the Assured;(b) not known to the Company, not recorded in the Public Records as of the Date, but known to the Assured as ofthe Date; or (c) attaching or creating subsequent to the Date. (e) The Company shall have the option to pay, settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Binder, or to pay the full amount of this Binder. Such payment or tender of payment of the full amount of the Binder shall terminate all liability of the Company hereunder. 6. Limitation of Liability - Payment of Loss 7. Subrogation Upon Payment or Settlement Whenever the Company shall have settled a claim under this Binder, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Binder not been issued. If the payment does not cover the loss of the Assured, the Company shall be subrogated to the rights and remedies in the proportion which the payment bears to the amount of said loss. The Assured, if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect the right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving the rights or remedies. 8. Binder Entire Contract Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Binder. No provision or condition of this Binder can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 9. Notices. Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371- 1111. 10. Arbitration Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. ANTI-FRAUD STATEMENT: 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 The liability of the Company under this Binder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall the liability exceed the amount of the liability stated on the face page hereof. (a) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorneys' fees in litigation carried on by the Assured with the written authorization of the Company. (b) No claim for loss or damages shall arise or be maintainable under this Binder (1) if the Company after having received notice of any alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the Company. (c) All payments under this Binder, except for attorney's fees as provided for in paragraph 6(b) thereof, shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Binder or an acceptable copy thereof for endorsement of the payment unless the Binder be lost or destroyed, in which case proof of the loss or destruction shall be furnished to the satisfaction of the Company. (d) When liability has been definitely fixed in accordance with the conditions of this Binder, the loss or damage shall be payable within thirty days thereafter. (e) 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. This anti-fraud statement is affixed and made a part of this policy. Copyright 2006-2022 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. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Craig B. Rants, Senior Vice President Liability:$50,000.00 Fee:$500.00 Subject to the exclusions from coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Binder, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY a Corporation, herein called the Company, GUARANTEES IHC SCOTT, INC., A MICHIGAN CORPORATION Herein called the Assured, against loss, not exceeding the liability amount stated above, which the assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records as of July 08, 2022 at 5:00 P.M. 1. Title to said estate or interest at the date hereof is vested in: IHC SCOTT, INC., A MICHIGAN CORPORATION SUCCESSOR BY MERGER TO SCOTT CONTRACTING, INC. A COLORADO CORPORATION 2. The estate or interest in the land hereinafter described or referred to covered by this Binder : A FEE SIMPLE 3. The Land referred to in this Binder is described as follows: TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH P.M.,​ SECTION 8: S1/2 SW 1/4​ SECTION 17: NE 1/4 NW 1/4 AND NW 1/4 NW 1/4​ LESS AND EXCEPTING THE FOLLOWING TRACTS OF LAND PREVIOUSLY CONVEYED AND RECORDED:​ 1. A TRACT OF LAND LOCATED IN THE SW 1/4 SW 1/4 SECTION 8, AND THE NW1/4 NW 1/4 SECTION 17, CONVEYED BY GEORGE YULE BY WARRANTY DEED RECORDED APRIL 17, 1893 IN BOOK 32 AT PAGE 425.​ 2. A TRACT OF LAND LYING IN THE SE CORNER OF THE NE 1/4 NW 1/4 OF SECTION 17 AS GRANTED TO SCHOOL DISTRICT 27 OF GARFIELD COUNTY BY WARRANTY DEED DATED OCTOBER 10, 1891, RECORDED OCTOBER 12, 1891 IN BOOK 25 AT PAGE 188.​ Old Republic National Title Insurance Company PROPERTY INFORMATION BINDER Order Number: ABS63019055 Policy No.: PIB63019055.22486671 3. A TRACT OF LAND LYING IN THE SE 1/4 SW 1/4 SECTION 8, AND N 1/2 NW 1/4 SECTION 17 COMPRISING INTERSTATE HIGHWAY 70 R.O.W., INCLUDING:​ THAT PART OF THE N 1/2 NW 1/4 SECTION 17 CONVEYED TO THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GARFIELD, STATE OF COLORADO AND STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO BY COURT ORDER RECORDED FEBRUARY 24, 1977 IN BOOK 493 AT PAGE 768.​ 4. THAT PORTION OF THE NE1/4NW1/4 AND NW1/4NW1/4 OF SECTION 17, TOWNSHIP 6 SOUTH, RANGE 92 WEST, SITUATE SOUTHERLY OF THE INTERSTATE HIGHWAY 70 RIGHT OF WAY, AS CONVEYED TO JACQUE COUEY BURRIS BY SPECIAL WARRANTY DEED RECORDED OCTOBER 4, 1991 IN BOOK 814 AT PAGE 812.​ COUNTY OF GARFIELD,​ STATE OF COLORADO. 4. The following documents affect the land: 1. ANY AND ALL RIGHTS OF A DITCH COMPANY RELATING TO THE LAST CHANCE DITCH TRAVERSING SUBJECT PROPERTY, INCLUDING BUT NOT LIMITED TO DITCH MAINTENANCE AND ACCESS RIGHTS TO LANDS ADJOINING THE DITCH OR CANAL. 2. NOTWITHSTANDING THE INSURING CLAUSES OF THE POLICY, THE COMPANY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF A LACK OF A RIGHT OF PHYSICAL ACCESS TO AND FROM THE LAND. NOTE: ACCESS TO THE SUBJECT PROPERTY IS LIMITED TO THE TERMS, CONDITIONS AND PROVISIONS OF COLORADO DEPARTMENT OF TRANSPORTATION ACCESS PERMIT NO. 320024 3. 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 MARCH 05, 1906 IN BOOK 56 AT PAGE 537. 4. RESERVATION OF ONE-HALF INTEREST IN ALL OIL, GAS AND OTHER MINERALS AS EVIDENCED IN INSTRUMENT RECORDED MARCH 27, 1972 IN BOOK 428 AT PAGE 459, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 5. ALL OIL, GAS, HYDROCARBONS AND OTHER MINERALS, TOGETHER WITH SO MUCH OF THE SURFACE AS MAY BE NECESSARY FOR THE CONVENIENT MINING OR EXTRACTION OF SAME, AND TOGETHER, FURTHER, THE RIGHT OF INGRESS AND EGRESS FOR THE PURPOSES OF PROSPECTING FOR, DEVELOPING AND PRODUCING SAME, AS RESERVED IN INSTRUMENTS RECORDED FEBRUARY 13, 1973 IN BOOK 440 AT PAGE 469, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 6. NO RIGHT OR RIGHTS OF ACCESS TO AND FROM THE HIGHWAY AS EVIDENCED IN RULE AND ORDER RECORDED FEBRUARY 24, 1977 IN BOOK 493 AT PAGE 768. NOTE: ACCESS TO THE SUBJECT PROPERTY IS LIMITED TO THE TERMS, CONDITIONS AND PROVISIONS OF COLORADO DEPARTMENT OF TRANSPORTATION ACCESS PERMIT NO. 320024 7. OIL AND GAS LEASE RECORDED NOVEMBER 02, 1982, IN BOOK 612 AT PAGE 973, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. Old Republic National Title Insurance Company PROPERTY INFORMATION BINDER Order Number: ABS63019055 Policy No.: PIB63019055.22486671 8. RESERVATION OF ALL OIL SHALE, KEROGEN, SHALE OIL, COAL, OIL, GAS, FISSIONABLE MATERIAL AN ALL OTHER MINERALS OF ANY KIND OR NATURE AS EVIDENCED BY SPECIAL WARRANTY DEED RECORDED NOVEMBER 03, 1989 IN BOOK 766 AT PAGE 317, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 9. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN WATER WELL SHARING AGREEMENT RECORDED JUNE 05, 2009 UNDER RECEPTION NO. 769089. 10. ANY INCREASE OR DECREASE IN THE AREA OF THE LAND AND ANY ADVERSE CLAIM TO ANY PORTION OF THE LAND WHICH HAS BEEN CREATED BY OR CAUSED BY ACCRETION OR RELICTION, WHETHER NATURAL OR ARTIFICIAL; AND THE EFFECT OF THE GAIN OR LOSS OF AREA BY ACCRETION OR RELICTION UPON THE MARKETABILITY OF THE TITLE OF THE LAND. NOTE: THIS BINDER DOES NOT REFLECT THE STATUS OF TITLE TO WATER RIGHTS OR REPRESENTATION OF SAID RIGHTS, RECORDED OR NOT. 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. NOTE: ADDITIONAL UPDATES TO THE EFFECTIVE DATE OF THE BINDER MAY BE REQUESTED BY THE PROPOSED INSURED. ONE UPDATE IS INCLUDED WITH THIS BINDER AT NO ADDITIONAL COST. ANY ADDITIONAL UPDATES WILL BE ISSUED AT THE COST OF $125 PER UPDATE. FOR EACH UPDATE PROVIDED, A REVISED BINDER WILL BE ISSUED SHOWING A NEW EFFECTIVE DATE AND ANY MATTERS RECORDED SINCE THE EFFECTIVE DATE OF THE PREVIOUS BINDER. THIS PRODUCT WILL ONLY BE UPDATED FOR 24 MONTHS FOLLOWING THE EFFECTIVE DATE OF THE ORIGINAL BINDER. Old Republic National Title Insurance Company PROPERTY INFORMATION BINDER Order Number: ABS63019055 Policy No.: PIB63019055.22486671 c@ Garfield County STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of IHC Scott, Inc. (dba Scott Contracting, Inc.) a Colorado Corporation (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is IHC Scott, Inc. (dba Scott Contracting, Inc.) and is formed under the laws of _C_o_lo_ra_d_o _____________________ _ The mailing address for the Entity is 9200 E. Minera! Avenue, #-400, Centennial, CO 80112 The name and/or position of the person authorized to execute instruments conveying, encumbering, or -otherwise affecting title to real property on behalf of the Entity is Terri Priday, VP of Administration The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): _N_o_ne ___________ _ Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): _____________________ _ EXECUTED this s--day of __ M_t,._uc;-------~ 20 7,, 2-. STATE OF ll,.,. )SS. COUNTY OF _CJ'1-'----'.--Jv_......;{__;c___~l The foregoing instrume)ilt was acknowledged before me this "S day of MOA-\ 20 2 Z. by Tew ~~ell.a,., ,on behalf of T\::';-C.. Sa+-+--t...c. ,a Mlc..k-~ Co:r:w~ w;toess my haod aod off~al seaJ, 0 , ,f' f2_.c ~ ~ My comm1ss1on expires: f.!.L tJ,{A 0\. ()' ,.26cr-r rfr~ if Iv t [SEAL] j (Date) / (Notary Public) PATRICIA PARRINO NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20104015234 MY COMMISSION EXPIRES MAY 28, 2024 North – Colorado River Ranch, LLC Property Address: 6073 346 County Road, Silt, Colorado 81652 Owner Address: 10 Mustang Drive, New Castle, Colorado 81647 West - Rex Robinson Ranch, LLC; (includes the Swanson Colorado Trust; Ilgen, Carrol Jeanne; Rosa, Linda Jane; Robinson, James Dean) Property Address: Silt, Colorado Owner Address: 5479 E Weaver Avenue, Centennial, Colorado 80121 South – Colorado Department of Transportation (CDOT) Owner Address: CDOT Region 3, 222, S. 6th Street, Room 100, Grand Junction, Colorado 81501 East – Shidelerosa LLLP [This information was obtained from the Garfield County Colorado Land Explorer (Garfield County, March 2021] Property Address: 1411 County Road 316, Silt, Colorado 81652 Owner Address: Same as property Garfield County, CO Developed by Account Number R023384 Parcel Number 217908200101 Acres 228 Land SqFt 0 Tax Area 152 2019 Mill Levy 67.0920 Physical Address 6073 346 COUNTY RD SILT 81652 Owner Address COLORADO RIVER RANCH, LLC 10 MUSTANG DRIVE NEW CASTLE CO 81647 2019 Total Actual Value $85,210 Last 2 Sales Date Price 12/4/2012 $0 12/4/2012 $0 Date created: 7/16/2021 Last Data Uploaded: 7/16/2021 3:53:53 AM 6,417 ft Overview Legend Parcels Roads Highways Limited Access Highway Major Road Local Road Minor Road Other Road Ramp Ferry Pedestrian Way Lakes & Rivers County Boundary Line 5/4/22, 3:56 PM qPublic.net - Garfield County, CO - Property Record Card: R023138 https://qpublic.schneidercorp.com/Application.aspx?AppID=1038&LayerID=22381&PageTypeID=4&PageID=9447&Q=356165417&KeyValue=R023138 1/2 Gareld County, CO View Map REX ROBINSON RANCH LLC & 5479 E WEAVER AVENUE CENTENNIAL CO 80121 SWANSON COLORADO TRUST & ILGEN, CARROL JEANNE & ROSA, LINDA JANE & ROBINSON, JAMES DEAN Assessed Year 2021 2020 Land Actual $1,850.00 $1,770.00 Improvement Actual $0.00 $0.00 Total Actual $1,850.00 $1,770.00 Assessed Year 2021 2020 Land Assessed $540.00 $510.00 Improvement Assessed $0.00 $0.00 Total Assessed $540.00 $510.00 Tax Year 2021 2020 2019 2018 2017 Taxes Billed $39.92 $34.20 $32.20 $31.72 $28.40 Click here to view the tax information for this parcel on the Gareld County Treasurer's website. Summary Account R023138 Parcel 217908300102 Property Address , SILT, CO   81652 Legal Description Section: 8 Township: 6 Range: 92 TR IN THE SWSW CONT. 24.23AC ALSO SEC. 17 THE W 1072' OF THE NWNW CONT. 9.37AC LYING N OF I-70 Acres 33.599 Land SqFt 0 Tax Area 23 Mill Levy 73.8920 Subdivision Owner Land Unit Type GRAZING LAND-AGRICULTURAL - 4147 (AGRICULTURAL PROPERTY) Square Feet 0 Actual Values Assessed Values Tax History 5/4/22, 3:56 PM qPublic.net - Garfield County, CO - Property Record Card: R023138 https://qpublic.schneidercorp.com/Application.aspx?AppID=1038&LayerID=22381&PageTypeID=4&PageID=9447&Q=356165417&KeyValue=R023138 2/2 Sale Date Deed Type Reception Number Book - Page Sale Price 12/10/2011 Correction Quit Claim Deed 812199  $0 4/10/2007 BARGAIN AND SALE DEED 720867 1912-261 $0 4/19/2004 PERSONAL REP DEED 650655 1580-122 $0 3/2/2004 QUIT CLAIM DEED 653332 1593-30 $0 12/12/2003 PERSONAL REP DEED 643270 1548-144 $0 11/20/2003 LETTERS 643269 1548-143 $0 11/25/1997 DECREE OF HEIRSHIP 517368 1045-61 $0 7/24/1984 PERSONAL REP DEED 0764-0045 $0 1/1/1900 Deeds 0490-0999 $0 1/1/1900 Deeds 0478-0291 $0 1/1/1900 Deeds 0333-0391 $0 Click here to view Property Related Public Documents No data available for the following modules: Buildings, Photos, Sketches. Transfers Property Related Public Documents Version 2.3.193 The Gareld County Assessor's Ofce makes every effort to produce the most accurate information possible. No warranties, expressed or implied are provided for the data herein, its use or interpretation. Data is subject to constant change and its accuracy and completeness cannot be guaranteed. User Privacy Policy GDPR Privacy Notice Last Data Upload: 5/4/2022, 12:15:48 AM Developed by 5/4/22, 4:01 PM qPublic.net - Garfield County, CO - Property Record Card: R230963 https://qpublic.schneidercorp.com/Application.aspx?AppID=1038&LayerID=22381&PageTypeID=4&PageID=9447&Q=1354915708&KeyValue=R230963 1/2 Gareld County, CO View Map SHIDELEROSA LLLP 1411 COUNTY ROAD 316 SILT CO 81652 Assessed Year 2021 2020 Land Actual $56,800.00 $45,200.00 Improvement Actual $0.00 $0.00 Total Actual $56,800.00 $45,200.00 Summary Account R230963 Parcel 217908100527 Property Address , SILT, CO   81652 Legal Description Section: 8 Township: 6 Range: 92 SEC.8 S2SE, NESE, LOT 8 & 9. SEC.16 NWNW. SEC.17 N2NE. EXCEPT A TR IN THE NWNW OF SEC. 16. NENE OF SESC.17. EXECPT A TR OF LAND CONT 4.04 AC AS DESC IN BK 1212 PG 669 BLA. Acres 249.239 Land SqFt 0 Tax Area 23 Mill Levy 73.8920 Subdivision Owner Land Unit Type IRRIGATED LAND-AGRICLTRL. - 4117 (AGRICULTURAL PROPERTY) Square Feet 0 Unit Type MEADOW HAY LAND-AGRICLTRL - 4137 (AGRICULTURAL PROPERTY) Square Feet 0 Unit Type GRAZING LAND-AGRICULTURAL - 4147 (AGRICULTURAL PROPERTY) Square Feet 0 Unit Type GRAZING LAND-AGRICULTURAL - 4147 (AGRICULTURAL PROPERTY) Square Feet 0 Unit Type GRAZING LAND-AGRICULTURAL - 4167 (AGRICULTURAL PROPERTY) Square Feet 0 Actual Values 5/4/22, 4:01 PM qPublic.net - Garfield County, CO - Property Record Card: R230963 https://qpublic.schneidercorp.com/Application.aspx?AppID=1038&LayerID=22381&PageTypeID=4&PageID=9447&Q=1354915708&KeyValue=R230963 2/2 Assessed Year 2021 2020 Land Assessed $16,480.00 $13,110.00 Improvement Assessed $0.00 $0.00 Total Assessed $16,480.00 $13,110.00 Tax Year 2021 2020 2019 2018 2017 Taxes Billed $1,217.76 $879.56 $828.12 $586.64 $524.84 Click here to view the tax information for this parcel on the Gareld County Treasurer's website. Sale Date Deed Type Reception Number Book - Page Sale Price 9/25/2015 AFFIDAVIT 869024  $0 11/19/2012 BARGAIN AND SALE DEED 828730  $0 11/19/2012 STATEMENT OF AUTHORITY 828728  $0 7/28/2008 AGREEMENT 830069  $0 10/10/2000 QUIT CLAIM DEED 570880 1212-669 $0 9/30/1993 QUIT CLAIM DEED 456567 0886-0094 $0 Click here to view Property Related Public Documents No data available for the following modules: Buildings, Photos, Sketches. Assessed Values Tax History Transfers Property Related Public Documents Version 2.3.193 The Gareld County Assessor's Ofce makes every effort to produce the most accurate information possible. No warranties, expressed or implied are provided for the data herein, its use or interpretation. Data is subject to constant change and its accuracy and completeness cannot be guaranteed. User Privacy Policy GDPR Privacy Notice Last Data Upload: 5/4/2022, 12:15:48 AM Developed by 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: 2179-083-00-103 PRE-APP DATE: 9/10/2019, updated 5/5/22 PROJECT: Scott Contracting Rifle Gravel Pit #1 OWNER: Scott Contracting Inc. REPRESENTATIVE: Angie Fowler SGM PRACTICAL LOCATION: Address TBD, approximately 1 mile northeast of Rifle Airport ZONING: Rural TYPE OF APPLICATION: Major Impact Review – Extraction, Gravel I. GENERAL PROJECT DESCRIPTION The Applicant is seeking a Land Use Change Permit for a commercial gravel pit to be located on a 57.9-acre parcel just north of Interstate 70, approximately 1 mile northeast of the Rifle Airport. As represented by the Applicant, the site has approximately a significant amount of minable material that will be extracted in phases over the next several years. Various types of heavy equipment will be utilized for the mining activities as well as the use of a work/office trailer, screening and wash equipment and seeding and mulching equipment for reclamation operations . Three to five employees will be present on the site depending on the phase and mining operations. Access to the property is via I-70 frontage road. The Applicant has indicated that waivers may be requested including Water Supply and Distribution Plan and Wastewater Treatment Plan and 100 ft. industrial setback. Traffic Study information will be an important part of the review process including haul routes and CDOT Permitting. Waiver requests need to address waiver review criteria in Section 4- 118 (Standards) and 4-202 (submission requirements). Depending on the application submittals, Staff may not be supportive of waiver requests. Updated and revised mining plans are anticipated to eliminate dewatering issues with previous submittals, so complete revisions to site plans and operations plans will be required. Updates to 2 type of equipment utilized should also be provided. Special attention should be provided to grading and drainage issues including any potential impacts to groundwater that have previously been noted and how those are addressed by the changes in the mining plans. II. COMPREHENSIVE PLAN The property is designated in the County Comprehensive Plan as within the Residential Medium High Density (2 to <6 acres per dwelling unit) and New Castle Urban Growth Area. III. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS • Garfield County Comprehensive Plan, 2030 • Garfield County Land Use and Development Code, as amended • Section 4-101 – Common Review Procedures • Section 4-105 – Major Impact Review • Section 4-203 – Submittal Requirements • Applicable Provisions from Article 7, Standards (Article 7, Divisions 1-3, Section 7-1001 Industrial Use and Section 7-1002 Gravel Extraction) • Section 4-118 and 4-202 regarding waivers IV. SUBMITTAL REQUIREMENTS Please refer directly to Table 4-201 and the list of General Application Materials in section 4-203. Outlined below is a list of information typically required for this type of application. • 4-203.B. General Application Materials o Completed Application Form o Completed Payment Agreement Form and application fees o Proof of Ownership (title work, copy of the deed) o Statement of Authority for an LLC or Corporation o If owner intends to have a representative, a letter of authorization to represent is needed. o Names and mailing addresses of properties within 200 ft. of the subject property. o Mineral rights ownership for the subject property (demonstrated through a search of Clerk and Recorders database and/or Assessors database, form and memo attached). o A narrative describing the request and related information. o Copy of this pre-application summary • 7-203.C. A Vicinity map within a radius of approximately 3 miles • 4-203.D. Site Plan • 4-203.E. Grading and Drainage Plan • 4.203.F. Landscaping Plan o Note: Industrial uses are exempt from landscaping standards. A waiver may be requested from this submittal requirement. • 4-203.G. Impact Analysis • 4-203. J, K. Development Agreement / Improvements Agreement 3 o Note: Waivers may be requested from these requirements if there are no vesting issues and no public improvements. • 4-203. L. Traffic Study • 4-203.M. Water Supply/Distribution Plan o Note: The Applicant will need to demonstrate that there is a legal and adequate water supply for all proposed uses and operations. Waivers may be requested from applicable code provisions regarding Water and Wastewater provisions, however the applicant should note that depending on the application submittal, Staff may not be supportive of a Waiver request. • 4-203.N. Wastewater Treatment Plan o Note: The applicant will need to demonstrate that adequate wastewater treatment and facilities are provided on the site for employees. Waivers may be requested from applicable code provisions regarding wastewater provisions, however the applicant should note that depending on the application submittal, Staff may not be supportive of a Waiver request. • Respond to Standards fully described in Article 7, Divisions 1, 2 and 3 as applicable • Respond to Standards fully described in Section 7-1001 Industrial Use and Section 7-1002 Gravel Extraction with inclusion of required reports/plans (water quantity/quality, air quality, noise/vibration, visual mitigation, reclamation, etc.) • Provide copies of all required permitting for the operation including State of Colorado requirements. A listing of the permits and their status needs to be provided. • A Floodplain Development Permit pursuant to Section 4 -203.O will be required as a Condition of Approval prior to issuance of the permit or can be heard concurrently. Submit three paper copies and one digital for applications. Additional copies will be requested upon determination of completeness. See the land use code for addit ional information on submittal requirements. V. APPLICATION REVIEW A summary of the review process/flow chart is attached. a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: __ None (Director’s Decision) _X Planning Commission _X Board of County Commissioners __ Board of Adjustment c. Referral Agencies: May include but not limited to: Colorado Department of Transportation, Fire Protection District, Garfield County Designated Engineer, Garfield County Environmental Health, State Mined Land 4 Reclamation Board, Garfield County Vegetation Management, Colorado Parks and Wildlife, Division of Water Resources, U.S. Fish and Wildlife, Town of Silt, and City of Rifle. VI. APPLICATION REVIEW FEES a. Planning Review Fees: $ 525.00 b. Referral Agency Fees: $ TBD – consulting engineer/civil engineer fees c. Total Deposit: $ 525.00 (additional hours are billed at $40.50 /hour 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 may 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. Pre-application Summary Prepared by: 5/5/22 ___________________________________________ ____________________ Claire Dalby, Planner Date 5 6 7 8 IHC Scott – Rifle Gravel Pit #1 May 2022 Garfield County Special Use Permit Application Appendix B Appendix B – Access & Traffic Traffic Study Access Permit Notice-to-Proceed Rifle Gravel Pit #1 County Road 346 – Silt, CO Dan Cokley, PE PTOE License No. 29799 11/22/2019 Traffic Impact Study Scott Contracting Inc. Garfield County, CO 11.25.19 1 TABLE OF CONTENTS Section Page No. 1. Project Location and Description 2 2. Existing Roadway, Traffic, and Access Conditions 3 3. Future Traffic Volumes 8 4. Site Traffic Generation 8 5. Traffic Distribution and Assignment 9 6. Turn Lane Analysis 11 7. Conclusions / Recommendations 12 8. Appendix Figures Page No. 1. Vicinity Map 2 2. Existing Traffic Counts, Signing, Posted Speeds 4 3. Site Driveway (Looking North) 5 4. Site Driveway (Looking West) 5 5. Site Driveway (Looking East) 6 6. CR 346 WB Approach to Mamm Creek Road (Looking West) 6 7. CR 316 EB Approach to Mamm Creek Road (Looking East) 7 8. Mamm Creek Road NB Approach to CR 316/CR 346 Intersection 7 (Looking North) 9. 2026 Forecast Traffic Volumes 8 10. 2019 Forecast Total Traffic 10 11. 2026 Forecast Total Traffic 11 2 Project Location and Description This study is a Level Two – Auxiliary Turn Lane Assessment for a proposed gravel mining operation in Garfield County, Colorado. This traffic analysis will document: · Existing site traffic conditions and conditions on the adjacent roadways · Proposed future traffic demand for gravel pit operations · Impact to the county roads from the site to the I-70 Exit 94 interchange · Auxiliary Turn lane analysis for the proposed access driveway Scott Contracting Incorporated’s (SCI) proposed Rifle Gravel Pit #1 site is located on the north side of the I-70 North Frontage Road (CR 346) approximately 1.1 miles east of the CR 346 and Mamm Creek Road (CR 315) intersection. The site is shown in red below, with the primary route from the Exit 94 interchange shown in blue. It is approximately 1.2 miles to the interchange from the site driveway along this route. This route and the site define the current project area. Figure 1 VICINITY MAP 3 The subject property is a 57.9-acre site owned by SCI located in Garfield County, CO between the Town of Silt and the City of Rifle. SCI’s Rifle Gravel Pit #1 project includes developing this parcel into a commercial gravel mining operation. The anticipated production over the operational life of the Rifle Gravel Pit #1 site is approximately 3 million tons of gravel which is expected to provide materials for future CDOT and Garfield County projects. The projected duration of the commercial mining activities is 5 to 7 years. The proposed access to the site will be at the existing site driveway as shown in Figure 1. A new CDOT Access Permit will be required for this site on CR 346 where CR 346 crosses the I-70 Right-of-Way north of I-70. Existing Roadway, Traffic, and Access Conditions The roadways providing access from the site to I-70 are all two-lane county roadways with a 35 MPH Speed Limit. CR 346 (South I-70 Frontage Road) is not part of the route but is discussed in this study and is posted at 25 MPH west of Mamm Creek Road, and 35 MPH east of Mamm Creek Road. The site is located along CR 346 (I-70 North Frontage Road) which begins at Mamm Creek Road on the west and ends in a cul-de-sac approximately 2.1 miles east of Mamm Creek Road. Approximately 0.5 miles east of Mamm Creek Road, CR 346 turns from a paved 2-lane roadway to a gravel two-lane roadway and remains gravel to the cul-de-sac at its east terminus. The proposed access driveway to the site is located 1.1 miles east of Mamm Creek Road on the north side of CR 346 (I-70 North Frontage Road). CR 316 begins on the west side of Mamm Creek Road and continues westerly along the north side of I-70 for 2.5 miles until it terminates in a cul-de-sac. Immediately south of the Mamm Creek Road intersection with CR 346 and CR 316 (I-70 North Frontage Roads) is the ramp terminals for the eastbound and westbound I-70 Exit 94 Interchange. Continuing south of I-70, Mamm Creek Road intersects with CR 346 (South I-70 Frontage Road). On the south side of I-70, traffic approaching Mamm Creek Road from the east or west on CR 346 is stop controlled. On the north side of I-70, traffic approaching Mamm Creek Road from the east or west on CR 316/CR 346 is yield controlled. There is no stop or yield conditions on Mamm Creek Road for traffic traveling north or south bound from the South I-70 Frontage Road to the North I-70 Frontage Road. Existing traffic data for this study was obtained from Garfield County Road and Bridge’s 2019 Traffic Counts. Approximately 1000 Vehicles Per Day (VPD) were recorded at nearby 2019 count locations on CR 346 south of I-70. Approximately 500 VPD were recorded on Mamm Creek Road south of I-70. Traffic Counts for CR 346 and CR 316 north of I-70 are not available. Figure 2 shows the 2019 traffic counts, existing signing at the intersections between the North and South I-70 Frontage Roads and Mamm Creek Road, as well as posted speeds. 4 Figure 2 EXISTING TRAFFIC COUNTS, SIGNING, POSTED SPEEDS Based upon the available traffic data, the traffic volume within the interchange is estimated at 1250 VPD. Using a peak hour factor of 10%-15%, results in a Design Hourly Volume (DHV) of 125-190 Vehicles Per Hour (VPH). Considering the existing volume nearby the interchange, and the lack of development along CR 316 and CR 346 to the north of I-70, only a very small portion of the “interchange” DHV is generated from the north side. The anticipated volume on both CR 316 and CR 346 is significantly less than 100 VPH based upon field observations, Due to those low volumes, it was determined that additional traffic count data is not warranted for this study. Figure 3 shows the existing gravel access driveway (looking north) at the proposed access location for the Rifle Gravel Pit #1 site. Figure 4 shows the site driveway viewed from the east (looking west) with clear sight distance at the existing access for vehicles entering and exiting CR 346 from/to the site. Figure 5 shows the site driveway viewed from the west (looking east) with clear sight distance at the existing access for vehicles entering and exiting CR 346 from/to the site. The State Highway Access Code (SHAC) requires a minimum entering sight distance of 595 feet for a multi-unit truck entering a 35 MPH roadway, and a minimum sight distance of 225 feet along the roadway for a driver approaching the access. Sight distance as measured in the field for both entering sight distance and sight distance along the roadway is approximately 650 feet to the east and 1000+ feet to the west of the approach, which exceeds the minimums required per the access code. 5 Figure 3 Site Driveway (Looking North) Figure 4 Site Driveway (Looking West) Existing Gravel Driveway @ Proposed Access Point Existing Gravel Driveway @ Proposed Access Point 6 Figure 5 Site Driveway (Looking East) Figure 6 CR 346 WB Approach to Mamm Creek Road (Looking West) Existing Gravel Driveway @ Proposed Access Point Mamm Creek Road CR 315 7 Figure 7 CR 316 EB Approach to Mamm Creek Road (Looking East) Figure 8 Mamm Creek Road NB Approach to CR 316/CR 346 Intersection (Looking North) CR 346 CR 316 Mamm Creek Road CR 315 8 Figures 6, 7, and 8 show each leg of the 3-way intersection between CR 316, Mamm Creek Road (CR 315), and CR 346 on the north side of I-70. Future Traffic Volumes Based on CDOT’s OTIS website the 20-year growth factor on I-70 west and east of the Mamm Creek Road interchange is 1.39 and 1.32, respectively. For the study area, the average of the 20-year growth factor between the two CDOT stations was calculated to be 1.35. As a result of the projected duration of the commercial mining activities at the proposed site being 5-7 years, the average 20-year growth factor was reduced to a 7- year factor of 1.12 (1 + .∗ 7 = 1.12 ). Using this 7-year factor of 1.12 the existing traffic volumes were forecasted out to 2026 as shown in Figure 9. Figure 9 2026 Forecast Traffic Volumes Site Traffic Generation The existing 58-acre parcel is pastureland with no crops and one irrigation ditch. The site currently generates little to no traffic. Future traffic generation is based on the operational plan and discussion with SCI for the proposed Rifle Gravel Pit #1 site. Traffic will be generated from the site from two key trip types. The first is employee trips for workers. For this analysis, employee trips are not assumed to take place during the peak hour as peak gravel production and hauling will take place after employees arrive and before they leave; the second is delivery of gravel 9 produced from the site. The plan for the development and operation of this site has been split into 4 phases. A description of each phase is listed below; Phase 1 – Site Development and Grading · This phase of the project will include minor site grading and vegetation removal and construction of the site access/driveway. It is anticipated that 3 employees will be on site daily during this phase. Phase 2 – Mining Preparation · This phase of the project will include mobilization of the heavy equipment, work trailer, screening and wash equipment, and major site grading to prepare the site for mining and dewatering activities. It is anticipated that 3 employees will be on site daily during this phase. Phase 3 – Mining in Phases due to reclamation requirements · This phase of the project will include gravel mining activities in quadrants, per the code. It is anticipated that 10 employees will be on site daily during this phase. Phase 4 – Reclamation · This phase of the project will include reclamation of the site. It is anticipated that 3 employees will be on site daily during this phase. This Traffic Assessment will be based upon Phase 3 of the operational plan for this site as Phase 3 is proposed to be the highest generator of trips (hauling of produced aggregate off the site) and the longest operational duration for the proposed pit. The pit is expected to have a peak capacity during Phase 3 of its operation of 2000 tons of gravel per day. A typical busy summer construction season day will yield 1500 – 2000 tons per day. A truck capacity of 23 tons/Load result in 65 to 87 daily truck loads, or 130 to 174 daily trips. This assessment will use the 30th highest daily design volume of 75 daily truck loads, or 150 daily truck trips. The gravel haul vehicles are semi-trailers with end or side dumps and are equivalent to 3 passenger car equivalents (PCE’s). This results in the following average daily traffic (ADT) and design hourly volume (DHV) expressed in PCE’s ADT: (10 Employees X 2 Trips/employee) + (150 daily truck tips X 3 PCE’s/Trip) ADT = 470 DHV: Using a typical 10-hour daily operation results in an average of 15 truck trips per hour x 3 PCE’s/Truck = 45 PCE’s DHV = 45 Traffic Distribution and Assignment All traffic generated from the site will be distributed to I-70 through the Mamm Creek Road Interchange via CR 346 (North I-70 Frontage Road). The directional split of the site generated 45 VPH is assumed to be 50% leaving the site onto CR 346 and entering I-70 10 via the Mamm Creek Road interchange, and 50% entering the site from the I-70 Mamm Creek Road interchange via CR 346. Traffic distribution to/from I-70 itself is assumed to be 50% to/from the east and 50% to/from west. Figure 10 2019 Forecast Total Traffic Figure 10 shows the 2019 estimated 125-190 VPH at the I-70 interchange with Mamm Creek Road + the 45 VPH (primarily made up of heavy trucks, expressed in PCE’s) generated from the site during peak production. The figure also shows the assumed split of vehicles entering and exiting the site from/to CR 346 during the peak hour. The traffic generated from the site will result in an estimated increase in traffic of 24% - 36% in the I-70 Interchange at Mamm Creek Road during peak hour. Figure 11 shows the 2026 forecasted 140 – 213 VPH in the I-70 interchange with Mamm Creek Road + the 45 VPH (primarily made up of heavy trucks, expressed in PCE’s) generated from the site during peak production. The figure also shows the assumed split of vehicles entering and exiting the site from/to CR 346 during the peak hour. The traffic generated from the site will result in an estimated increase in traffic of 21% - 32% in the I-70 Interchange at Mamm Creek Road during peak hour. 11 Figure 11 2026 Forecast Total Traffic Turn Lane Analysis Based on the SHAC, a left turn lane is required on a Frontage Road highway when the peak hour entering volume exceeds 25 VPH for highways with a posted speed under 40 MPH. As shown in figures 10 and 11, it’s assumed that during the peak hour, 50% of the 45 VPH generated by the site will be entering the site from CR 346, and 50% will be leaving the site onto CR 346. This results in an entering volume of approximately 23 VPH which is below the threshold of 25 VPH or more requiring a left turn lane. It is noted that, while the left turn volume is close to the warrant volume, if warranted, the access would meet the criteria in the SHAC, section 3.5 (5) for low opposing volume and consideration of potential design waiver. Based on the SHAC, a right turn acceleration lane is required on a frontage road for any access with a projected peak hour right turning volume greater than 50 VPH when the posted speed on the highway is greater than 40 MPH and the highway has only one lane for through traffic in the direction of the right turn. The posted speed of CR 346 at the site is 35 MPH and the anticipated right turning traffic volumes during peak hour are 23 VPH, therefore no right turn acceleration lane is required for traffic exiting the site. 12 Conclusions / Recommendations During its busiest months at full production capacity, the proposed operations of the Scott Contracting Incorporated’s Rifle Gravel Pit #1 along CR 346 will generate 170 daily trips (470 PCE’s). Based on the SHAC - Section 2.6(3), the increase of more than 100 trips per day as a result of the proposed site and the increase in traffic generated by the site exceeding 20%, the site will require a new access permit through CDOT. Though the existing site access will be improved under SCI’s site plan, no additional improvements are being proposed to the County road system to accommodate this proposed site access. Special consideration should be made regarding dust control due to hauling of produced aggregate from the site to I-70 as the first 0.6 miles of CR 346 west of the site access is gravel. It is recommended that dust control requirements, such as the use of magnesium chloride or other approved dust mitigation methods, be included as part of an approved CDOT Access Permit for this proposed development. Due to the anticipated volume of heavy truck traffic during peak production and the less than desirable sight distance resulting from the vertical profile of the North I-70 Frontage Roads (CR 316/CR 346) as they approach Mamm Creek Road from the east or west, it is recommended that the current yield condition for traffic approaching this intersection from the east or west be changed to a stop condition. 13 APPENDIX · Approved TIS Assumptions – Rifle Gravel Pit · 2019 Traffic Count Study – Garfield County · CDOT - OTIS Growth Factor Data, I-70 Near Project Site Rifle Gravel Pit - Traffic Analysis Methodology and Assumptions Type of Study CDOT Level II Auxiliary Turn Lane Assessment Study Intersections Access Driveway and I-70 North Frontage Road (CR 346) and Mamm Creek Rd Interchange Route to Highway Access driveway to I-70 North Frontage Road (CR 346) and Mamm Creek Rd Interchange Baseline Traffic Collect peak hour counts at north and south Mamm Cr Rd interchange intersections Analysis Years Opening Day traffic and a 20-year future scenario will be analyzed Specific Development Trip Generation Traffic will be generated based on the operational plan and discussions with the owner for the proposed Gravel Pit. The pit is projected to have a peak capacity to produce up to 2000 Tons of gravel per day. A typical busy summer construction season day will yield 1500-2000 Tons per day. A truck capacity of 23 T results in 65 to 87 daily truck loads, or 130 to 174 daily trips. It is proposed that this assessment use a 30th highest daily design volume of 75 daily truck loads, or 150 daily truck trips. Project Traffic Distribution All traffic will be distributed to the Mamm Cr Rd interchange via route described above, from that point traffic distribution will be 50% East and 50% West. Access Permits New CDOT Access Permit located where CR 346 crosses I-70 ROW. Passenger Car Equivalents Gravel haul vehicles are semi-trailers with end/side dumps, and equivalent to 3 passenger car equivalents (PCE’s). Peak Hour Trip Generation Using a typical 10-hour daily operation results in an average of 15 trucks per hour, or DHV of 45 PCE’s. Traffic Data ~1000 vpd per Garfield County R&B nearby 2019 count locations on CR 346 south of the interchange, estimated at 100-150 vph within the interchange. Considering the existing volume nearby the interchange, and lack of development to the north of I-70, the need for additional traffic data is uncertain. Schedule The traffic assessment will be submitted by mid-November. www.sgm-inc.com R3 Traffic Section, Access Unit 222 S 6th St, Rm 100 Grand Junction, CO 81501 PH (970) 683-6284 FAX (970) 683-6290 R3 Traffic Section, Access Unit, 222 S. 6th Street, Rm 100, Grand Junction, CO 81501 PH (970) 683-6284 www.codot.gov <<<<< e-mailed >>>>> February 27, 2020 Permit No. 320024 Scott Contracting, Inc. 9200 E. Mineral Ave. #400 Centennial, Colorado 80112 Dear Permittee: 1. Please review the attached State Highway Access Permit (Form #101) and all enclosed attachments. 2. If you choose NOT to act on the permit, please return the permit unsigned. 3. If you ACCEPT the Permit and its Terms and Conditions (and are authorized to sign as legal owner of the property, or as an authorized representative), please sign and date the Access Permit form on the line marked “PERMITTEE” within 60 days of the transmittal date on the permit. Your signature confirms your agreement to all the listed Terms and Conditions. 4. If you fail to sign and return the attached Access Permit within 60 days of the permit transmittal date, the Colorado Department of Transportation (CDOT) will consider this permit withdrawn. 5. You must return the signed Access Permit hard copies with original signature(s), including all pages of terms and conditions and all attachments, with your payment to the Colorado Department of Transportation (CDOT) at the address noted below. The Department will return an executed copy of this permit. You may retain this cover letter for your records. 6. Provide a check or money order made payable to “CDOT” for the total amount due of $300.00. 7. If you wish to APPEAL the Terms and Conditions of the permit, please refer to the attached Form 101, Pages 2 and 3 for an explanation of the appeal procedures. 8. As described in the additional attached Terms and Conditions, you must make a written request to obtain a Notice to Proceed. DO NOT begin any work within the State Highway Right-of-Way without a validated Access Permit and Notice to Proceed. Use of this permit without the Colorado Department of Transportation’s validation shall be considered a violation of State Law. If you have any questions please call Kandis Aggen, Access Coordinator, at (970) 683-6270 or Brian Killian, Region 3 Permit Manager, at the number above. Please return Access Permit and attachments to: Region 3 Access Unit Attn: Kandis Aggen, Access Coordinator 222 S 6th St, Rm 100 Grand Junction, CO 81501 COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS PERMIT CDOT Permit No. 320024 State Highway No / Mp / Side 070A / 95.141 / Left Permit Fee $300.00 Date of Transmittal 02/27/2020 Region / Section / Patrol / Name 3 / 02 / 2K10 Tracy Anthony Local Jurisdiction Rifle The Permittee(s): Scott Contracting, Inc. 9200 E. Mineral Ave. #400 Centennial, Colorado 80112 The Applicant(s): SGM 118 W 6th St, Ste 200 Glenwood Springs, Colorado 81601 (970) 945-1004 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 the Issuing Authority if at any time the permitted access and its use violate any parts of this permit. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. Location: Located on the north side of the Hwy 070 North Frontage Road approximately 5770 feet east of Mamm Creek Rd. and 760 feet east of MP 95 Access to Provide Service to: (Land Use Code) (Size) (Units) Gravel Pit - 57.9 Acres 45 DHV Additional Information: The access is located on CDOT I-70 frontage Rd, also known as CR 346. MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. Signature Print Name Date Title Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments 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 notify Teshaylo Trujillo 2K3 with the Colorado Department of Transportation, at (303) 810-0883 at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit and its terms and conditions. Permittee Signature: Print Name Date Co-Permittee Signature: (if applicable) Print Name Date This permit is not valid until signed by a duly authorized representative of the Department. COLORADO DEPARTMENT OF TRANSPORTATION Signature Print Name Title Date (of issue) Copy Distribution: Required: 1.Region 3.Staff Access Section 2.Applicant 4.Central Files Make copies as necessary for: Previous editions are obsolete and may not be used Local Authority Inspector Page 1 of 3 CDOT Form #101 5/07 MTCE Patrol Traffic Engineer \s1\ \n1\ \d1\ \s2\ \n2\ \t2\ \d2\ 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 submitted 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 extension, and shall notify the Department of all denied extensions 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 completed 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 individual 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 highway property, natural or cultural resources protected by law, or the health and safety of workers or the public. \i1\ 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 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.R.S., 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 Department 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 the field inspector to inspect various aspects of construction such as concrete forms, subbase, base course compaction, and materials specifications. Minor changes and additions may be ordered by the Department or local authority field inspector to meet 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. By accepting the permit, permittee agrees to save, indemnify, and hold harmless to the extent allowed by law, the issuing authority, the Department, its officers, and employees from suits, actions, claims of any type or character brought because of injuries or damage sustained by any person resulting from the permittee's use of the access permit during the construction of the access. 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.R.S., 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.R.S. 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 \i1\ STATE of COLORADO HIGHWAY ACCESS PERMIT ADDITIONAL TERMS and CONDITIONS February 27, 2020 PERMIT No. 320024 Permittee(s): Scott Contracting, Inc. Location: Garfield County on CO Highway 070A, near Mile Ref. Pt. 95.141 Left 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. This permit replaces any and all additional access permits that may be in existence for this access. 3. This permit is for a Gravel Pit (57.9 Acres). 4. The traffic volume shall be 45 DHV. 5. The Frontage Road from the point where the existing hard surface ends (approximate mile post 94.50) east to the proposed site access (approximate mile post 95.14) shall be hard surfaced in accordance with Section 4.7 of the Access Code, Department Specifications and the Region Materials Engineer. Hard surface to be a minimum of 26 feet wide. 6. Permittee shall install stop signs at intersection of the I 70 Frontage Road and Mamm Creek Road in both directions. 7. This access shall have a full turning-movement. 8. This access shall be designed and constructed to CDOT’s design standards. 9. As per the Access Code, Section 4.5 (Section 5) this access that is a public roadway shall be improved and be re-constructed no less than 36 feet wide (exclusive of the radii). There shall be, at minimum, a 25’ turning radii (or a radii that will accommodate the minimum turning radius of the largest vehicle projected to use the access). A turning template shall be required with the final plan sets for review prior to the issuance of a Notice to Proceed. 10. The horizontal axis of the access to the State Highway shall be constructed perpendicular to the centerline of the highway and extend from the edge of the roadway a minimum distance of 40 feet, or to the property line, whichever is greater. This design shall be in conformance with section 4 of the State Highway Access Code, 2CCR 601-1. 11. Side slopes shall be at a 4:1 slope on the roadway. The roadway 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. 12. Immediately upon completion of earthwork, and prior to use, this access shall be hard surfaced in accordance with Section 4.7 of the Access. 13. The access shall be hard-surfaced a minimum distance of 50 feet from the traveled way, or to the CDOT Right-of-Way, whichever is greater. Where the hard surface is to abut the 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 of COLORADO HIGHWAY ACCESS PERMIT ADDITIONAL TERMS and CONDITIONS February 27, 2020 PERMIT No. 320024 Permittee(s): Scott Contracting, Inc. Location: Garfield County on CO Highway 070A, near Mile Ref. Pt. 95.141 Left 14. 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. 15. A 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 design meeting. 16. Materials, Placing, and Compaction For Level 3 projects, the specifications for materials and compaction shall be discussed and determined at the pre-design meeting with the Region 3 Access Project Engineer. Unless the Applicant has approval from the Access Manager who may state otherwise, the following are requirements for driveway construction: Hot Mix Asphalt Option (HMA) Base: 16 inches of class 6 gravel with maximum 6-inch lifts; Surface: 4 inches of HMA in two, 2-inch lifts; Compaction of the subgrade, embankments and backfill shall comply with sections 203 & 304 of the Colorado Highway Standard Specifications for Road and Bridge Construction. Concrete Pavement Option: Portland Cement (PCCP) Base: 4 inches of class 6 gravel; Surface: A minimum of 6” of doweled and tied PCCP. Compaction of the subgrade, embankments and backfill shall comply with sections 203 & 304 of the Colorado Highway Standard Specifications for Road and Bridge Construction. 17. A Notice to Proceed, CDOT Form 1265, must be issued by CDOT before beginning construction on the access or any activity within the highway Right-of-Way. 18. To receive the Notice to Proceed the applicant shall submit a complete packet to CDOT with the following items: (a) 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), CDOT representative and Traffic Control Supervisor. (b) A construction schedule-- required at the pre-construction meeting. (c) A cover letter requesting a Notice to Proceed. STATE of COLORADO HIGHWAY ACCESS PERMIT ADDITIONAL TERMS and CONDITIONS February 27, 2020 PERMIT No. 320024 Permittee(s): Scott Contracting, Inc. Location: Garfield County on CO Highway 070A, near Mile Ref. Pt. 95.141 Left (d) Certificate of Insurance Liability as per Section 2.3(11)(i) of the State Highway Access Code, naming CDOT as an additional insured for general liability. (e) 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. (f) Four 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. (g) Signed and sealed Notice to Proceed Checklist. (h) Signed and Approved Performance Bond. (i) Signed and sealed Drainage Report or narrative. 19. No drainage from this site shall enter onto the State Highway travel lanes. The Permittee is required to maintain 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 accommodate all new construction and safety standards, in accordance with the Department’s standard specifications. 20. 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. 21. 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. 22. 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. Permittee is also responsible for obtaining all necessary utility permits in addition to this access permit. 23. All workers within the State Highway right-of-way shall comply with their employer’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. 24. The Permittee shall provide accessibility features to accommodate all pedestrians including persons with disabilities for all pathways during and after construction. 25. 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 are defining traversable slope requirements and prescribing the use of a defined pattern of truncated domes as detectable warnings at street STATE of COLORADO HIGHWAY ACCESS PERMIT ADDITIONAL TERMS and CONDITIONS February 27, 2020 PERMIT No. 320024 Permittee(s): Scott Contracting, Inc. Location: Garfield County on CO Highway 070A, near Mile Ref. Pt. 95.141 Left crossings. The new Standards Plans and can be found on the Design and Construction Project Support web page at: https://www.codot.gov/business/designsupport/standard-plans . 26. When it is necessary to remove any highway right-of-way fence, the posts on either side of the access entrance shall be securely braced with approved end posts and in conformance with the Department’s M-607-1 standard, before the fence is cut, to prevent slacking of the remaining fence. All materials removed shall be returned to the Department. 27. It shall be the responsibility of the Permittee to maintain adequate sight distance for this driveway. Trimming of vegetation or trees to maintain adequate sight distance is the sole responsibility of the Permittee. 28. 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 repair such as culvert replacement, resurfacing, or changes in design or specifications, requires authorization from the Department. 29. Any damage to present highway facilities including traffic control devices shall be repaired immediately at no cost to the Department and prior to continuing other work. 30. During access construction, no construction-related, personal vehicles will be permitted to park in the state highway right-of-way. 31. Any mud or other material tracked, or otherwise deposited, on the roadway shall be removed daily or as ordered by the Department inspector. If mud is an obvious condition during site construction, 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 can be found in the M & S Standards Plan No. M-208-1. 32. 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. 33. 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. STATE of COLORADO HIGHWAY ACCESS PERMIT ADDITIONAL TERMS and CONDITIONS February 27, 2020 PERMIT No. 320024 Permittee(s): Scott Contracting, Inc. Location: Garfield County on CO Highway 070A, near Mile Ref. Pt. 95.141 Left 34. 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 in a single season. 35. All costs associated with any type of utility work will be at the sole responsibility and cost of the Permittee and at no cost to CDOT. 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. 37. 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: 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. 38. 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. Construction Completion & Final Acceptance 39. The Permittee shall construct all improvements stated on this permit prior to any use as allowed by this permit. The Permittee shall notify the Permit Manager within 10 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 CDOT Access Manager provides written initial approval. 40. 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 has been given from the CDOT 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. 41. 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 STATE of COLORADO HIGHWAY ACCESS PERMIT ADDITIONAL TERMS and CONDITIONS February 27, 2020 PERMIT No. 320024 Permittee(s): Scott Contracting, Inc. Location: Garfield County on CO Highway 070A, near Mile Ref. Pt. 95.141 Left suspension of the permit and closure of the access. The letter of final acceptance will be issued once the access has been inspected and is found to comply with all material and construction in accordance with all applicable Department Standards and Specifications approx. 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 Requirements May Result In Suspension or Revocation of Your CDOT Permit, Or Enforcement Actions By Other Agencies. CLEARANCE CONTACTS - As indicated in the permit/clearance 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 Permitting Website https://www.colorado.gov/pacific/cdphe/all-permits • CDOT Water Quality Program Manager: (303) 757-9343 https://www.codot.gov/programs/environmental/water-quality • CDOT Asbestos Project Manager: Phil Kangas, (303) 512-5519 • Colorado Office of Archaeology and Historic Preservation: (303) 866-5216 • U.S. Army Corps of Engineers, District Regulatory Offices: Omaha District (NE CO), Denver Office (303) 979-4120 http://www.nwo.usace.army.mil/Missions/RegulatoryProgram/Colorado.aspx Sacramento Dist. (Western CO), Grand Junction Office (970) 243-1199 http://www.spk.usace.army.mil/Missions/Regulatory.aspx Albuquerque District (SE CO), Pueblo Office (719)-543-9459 http://www.spa.usace.army.mil/Missions/RegulatoryProgramandPermits.aspx • CDOT Utilities, Special Use and Access Permitting: (303) 757-9654 https://www.codot.gov/business/permits Wildlife Resources - Disturbance 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://www.codot.gov/programs/environmental/wildlife/guidelines, or the Colorado Parks and Wildlife (CPW) website, http://www.cpw.state.co.us/learn/Pages/SOC-ThreatenedEndangeredList.aspx. Additional guidance may be provided by the appropriate Region Planning and Environmental Manager (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 (http://www.historycolorado.org/oahp/file-search). 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 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. Additional guidance may be provided by the Regional Permitting Office and RPEM. Contact Information: Contact the OAHP for file searches at (303) 866-5216. Paleontological Resources - The applicant must request a fossil locality file search through the University of Colorado Museum, Boulder (https://cumuseum.colorado.edu/research/paleontology/vertebrates/policies), and the Denver Museum of Nature and Science (http://www.dmns.org/science/collections/earth-science-collections/) to ascertain if paleontological resources have been previously identified in or near the permit area. 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 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 in the Permit Special Provisions. Contact Information: See the museum websites listed above for Paleontological Collections Manager contact information. Contact the CDOT Paleontologist for further information at nicole.peavey@state.co.us or (303) 757- 9632. The CDOT Paleontologist will not conduct a comprehensive file search independently of the museums. Hazardous Materials, Solid Waste - The Solid Wastes Disposal Sites and Facilities Act C.R.S. 30-20-100, et al, 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 landfill permit). The Colorado Hazardous Waste Act C.R.S. 25-15-301 et al, and the Colorado Hazardous Waste Regulations (6 CCR 1007-3) prohibit the transfer, storage or disposal (TSD) of hazardous waste except at permitted TSD sites. There are no permitted landfills or TSD sites within the State Highway Right of 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 Information: Theresa Santangelo-Dreiling, CDOT Hazardous Materials Management Supervisor: (303) 512-5524. Asbestos Containing Materials, Asbestos Contaminated Soil - All work on asbestos containing materials (ACM) must comply with the applicable requirements of the CDPHE 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 Environmental Clearances Information Summary Page 1 of 3 Colorado Department of Transportation August 2017 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 or 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 Santangelo-Dreiling, Hazardous Materials Management Supervisor: (303) 512-5524. 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 Registration (303) 969-6748. Colorado Public Utilities Commission: (303) 894-2868. Discharge of Dredged or Fill Material – 404 Permits Administered By the U.S. Army Corps of Engineers, and Section 401 Water Quality Certifications Issued by the CDPHE WQCD - Corps of Engineers 404 permits are required for the discharge of dredged or fill materials into waters of the United States, including wetlands. There are various types of 404 permits, including nationwide permits, which are issued for activities with relatively minor impacts. For example, there is a nationwide permit for utility line activities (nwp #12). 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 CDPHE WQCD is also required. Contact the appropriate Corps District Regulatory Office for information about what type of 404 permit may be required (contact information above). Contact the CDPHE Water Quality Control Division at (303) 692-3500. 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 obstruct, diminish, destroy, change, modify, or vary a natural existing stream or its banks or tributaries, 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 measured by valley length. The CPW application, as per guidelines agreed upon by CDOT and CPW, can be accessed at https://www.codot.gov/programs/environmental/ wildlife/guidelines. 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 - require a CDPS Stormwater Permit. Contact Information: Contact the CDPHE Water Quality Control Division at (303) 692-3500. Website: https://www.colorado.gov/pacific/cdphe/wq-construction-general-permits and https://colorado.gov/pacific/cdphe/wq-commerce-and- industry-permits. Construction Dewatering (Discharge or Infiltration) and Remediation Activities - Discharges of water encountered during excavation or work in wet areas may require a Construction Dewatering or Remediation Activities Discharge Permit. Contact Information: For Construction Dewatering and Remediation Activities Discharge Permits, contact the CDPHE WQCD at (303) 692- 3500. For Applications and Instructions (CDPHE website): https://www.colorado.gov/pacific/cdphe/wq-construction-general-permits. Municipal Separate Storm Sewer System (MS4) Discharge Permit - Discharges from the storm sewer systems of larger municipalities, and from the CDOT 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 CDOT highway drainage system or within the Right of Way (ROW) must comply with the applicable provisions of the Colorado Water Quality Control Act, the Water Quality Control Commission (WQCC) Regulations (https://www.colorado.gov/pacific/cdphe/wqcc-regulations-and-policies-and-water-quality-statutes) and the CDOT MS4 Permit # COS- 000005 (https://www.codot.gov/programs/environmental/water-quality/documents). Discharges are subject to inspection by CDOT and CDPHE. Contact the CDPHE Water Quality Control Division at (303) 692-3500 for a listing of municipalities required to obtain MS4 Permits, or go to https://www.colorado.gov/pacific/cdphe/wq-municipal-ms4-permits. For CDOT-related MS4 regulations, go to: https://www.codot.gov/programs/environmental/water-quality/stormwater-programs.html. General Prohibition – Discharges - All discharges are subject to the provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations. Prohibited discharges include, but are not limited to, substances such as wash water, paint, automotive fluids, solvents, oils or soaps and sediment. Contact Information: Contact the CDPHE Water Quality Control Division at (303) 692-3500. General Authorization - Allowable Non-Stormwater Discharges - Unless otherwise identified by CDOT 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 firefighting activities. Allowable non-stormwater discharges can be found under Illicit Discharge PDD at: https://www.codot.gov/programs/ environmental/water-quality/stormwater-programs.html. Contact Information: 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 in that permit. In situations where a stormwater permit is not required, all reasonable measures should be taken to minimize erosion and sedimentation according to CDOT Standard Specifications 107.25, 208, 213 and 216 (https://www.codot.gov/ business/designsupport/2011-construction-specifications/2011-Specs/2011-specs-book). All disturbances require a stabilization plan, native seeding or landscape design plan according to applicable CDOT Standard Specifications 212-217 and 623. The CDOT Erosion Control and Stormwater Quality Guide (available from the Bid Plans Office at (303) 757-9313) should be used to design erosion controls and restore disturbed vegetation. Environmental Clearances Information Summary Page 2 of 3 Colorado Department of Transportation August 2017 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 Way, and disposed of at permitted facilities that specifically accept such wastes. Disposal of drilling fluids into storm drains, storm 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 drilling properties, small quantities of polymer additives that are approved for use in drinking water well drilling; 2) the solids are fully contained 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 required by CDOT permit requirements (Utility, Special Use, or Access Permits, etc.). Contact Information: Contact CDPHE (telephone #’s listed above). Noxious Weeds and Invasive Species Management Plan – Noxious Weeds and Invasive Species guidance can be found by contacting the Colorado Department of Agriculture (https://www.colorado.gov/pacific/agconservation/noxiousweeds) and the Colorado Division of Parks and Wildlife (http://cpw.state.co.us/aboutus/Pages/RS-NoxiousWeeds.aspx). In either case, management plans involving the control of noxious weeds associated with the permitted activity and cleaning of equipment will be required. Concrete Washout - Waste generated from concrete activities shall NOT be allowed to flow into the drainage ways, inlets, receiving waters, or in the CDOT ROW. Concrete waste shall be placed in a temporary concrete washout facility and must be located a minimum of 50 feet from state waters, drainageways, and inlets. Concrete washout shall only be performed as specified by the CDOT Environmental Program and shall be in accordance to CDOT specifications and guidelines. Contact Information: Contact CDPHE or find additional information on the CDOT website: https://www.codot.gov/business/designsupport/2011-construction- specifications/2011-Specs and refer to the specifications and their revisions for sections 101, 107 and 208. 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. More information can be found at https://www.colorado.gov/pacific/cdphe/emergency- reporting-line. About This Form - Questions or comments about this Information Summary may be directed to Alex Karami, Program Administrator, CDOT Access Management Unit, at (303) 757-9841, alex.karami@state.co.us. Environmental Clearances Information Summary Page 3 of 3 Colorado Department of Transportation August 2017  CDOT has aMunicipal Separate Storm Sewer System permit, otherwise known as (MS4) from the Colorado Department of Public Health and Environment.  The permit states that only stormwater can be discharged from CDOT’s storm drain system As part of the permit, CDOT has several different programs to prevent pollutants from entering into the storm drain system: Construction Site Program New Development Redevelopment Program Illicit Discharge Program Industrial Facilities Program Public Education and Outreach Program Pollution Prevention and Good Housekeeping Program Wet Weather Monitoring Program  What is stormwater runoff? Stormwater runoff occurs when precipitation from rain or snowmelt flows over the ground. Impervious surfaces like roads and sidewalks prevent stormwater from naturally soaking into the groundWhy is stormwater runoff a problem? Stormwater can pick up debris, chemicals, dirt and other pollutants and flow into CDOT’s storm drain system or directly into a stream, river, lake, wetland or reservoir. Anything that enters CDOT’s storm drain system is discharged untreated into the waterways we use for fishing, swimming, and providing drinking water.For more information on CDOT Utility Permits:  https://www.codot.gov/business/permits/utilitiesspecialuse For more information on CDOT Access Permits: https://www.codot.gov/business/permits/accesspermits For more information on CDOT Water Quality Program: Water Quality Program Manager 4201 E. Arkansas Ave.            Shumate Building Denver, Colorado 80222 303‐757‐9343 Water Quality Program Industrial Facilities Program Dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash, chemical waste, biological nutrient, biological material, radioactive material, heat, pH, wrecked or discarded equipment, rock, sand, any industrial, municipal, or agricultural waste. Tips for Reporting an Illicit Discharge Call the illicit discharge hotline at (303) 512‐4426  From a safe distance try to estimate the amount of the discharge. Identify characteristics of the discharge (color, odor, algae, etc.). Obtain information on the vehicle dumping the waste (if applicable). Do not approach! Call *CSP for illicit dumping. If possible, take a photo, record a license plate. REMEMBER:  Never get too close to the illicit discharge, it may be dangerous!!!  Industrial Facilities Program Elements: 1.Educate and outreach to ownersor operators that have potential tocontribute substantial pollutant towater.2.Report and include information ondischarge and water qualityconcerns. Provide writtennotification within 15 days ofdiscovery to CDPHE.3.Submit an annual report to CDPHEcontaining the number ofinformational brochuresdistributed; name and title of each individual trained. Education There are instances when a utility company or other entity doing work in the state highway right‐of‐way will require some type of environmental permit or clearance for that work. CDOT has put together an Environmental Clearances Information Summary for those applying for a CDOT Utility and Special Use Permit or Access Permit to obtain all required clearances. This fact sheet is given to each permittee and is available at: http://www.coloradodot.info/programs/environmental/resources/guidance-standards/Environmental%20Clearances%20Info%20Summary.pdf Industrial facilities can use control measures (CM) otherwise known as Best Management Practices (BMP) during the construction of a facility and when operating the facility. Control measures are schedules of activities, maintenance procedures, and other management practices to prevent and reduce pollution entering into CDOT’s storm drain system. Control Measures also include treatment, operating procedures, and practices to control site run off which can include structural and non‐structural controls.  Control Measures for Industrial Facilities CDOT defines a utility, or utility facility as any privately, publicly, or cooperatively owned line, facility, or system producing, transmitting or distributing the following: CommunicationsCable televisionPowerElectricityLightHeat GasOilCrude ProductsWaterStreamWasteStormwater not connected with highway drainageSimilar Commodity IHC Scott – Rifle Gravel Pit #1 May 2022 Garfield County Special Use Permit Application Appendix C Appendix C – Plan Set & Boring Logs Drawings Boring Logs © 2022 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2022 TomTom Revision#Dwg No.Job No.Drawn by:Date:File:PE:QC:Date By: Project Milestone:Of :2019-341.002RPF04/14/2022RPFRiflePit-AdminABF1118 West Sixth Street, Suite 200Glenwood Springs, CO 81601970.945.1004 www.sgm-inc.com Scope of Work 118 West Sixth Street, Suite 200Glenwood Springs, CO 81601970.945.1004 www.sgm-inc.com Project SiteProject ContactsChris HurleyIHC-Scott, Inc. dba Scott Contracting, Inc.Chris Hurley (Legal Counsel)Permit Set (Not For Construction)April 20229200 East Mineral AveSuite #400Centennial, CO 80112Sheet IndexVicinity MapProject Engineerchurley@ihcscott.com (720) 889-4402Richard (Chip) Fisher, P.E. 57906IHC-Scott, Inc. dba Scott Contracting, Inc. 13Permit Set (Not For Construction)Rifle Pit Gravel Pit #1Title:IHC-Scott, Inc. dba Scott Contracting, Inc.Cover SheetRifle Pit Gravel Pit #1Tony Robertstroberts@ihcscott.com(303) 790-9100Richard Fisher, P.E chipf@sgm-inc.com (970) 384-9098Angie Fowler, P.E.angief@sgm-inc.com(970) 384-9027N.T.S.Alex Neesalexn@sgm-inc.com (970) 384-9004Town of SiltI-70I-70US-604/14/2022 Title:Revision#Dwg No.Job No.Drawn by:Date:File:PE:QC:Date By: Project Milestone:Of :2019-341.002RPFRPFRiflePit-NotesABF2118 West Sixth Street, Suite 200Glenwood Springs, CO 81601970.945.1004 www.sgm-inc.com IHC-Scott, Inc. dba Scott Contracting, Inc. 13Permit Set (Not For Construction)Notes & EarthworkQuantity EstimatesRifle Pit Gravel Pit #104/14/202204/14/2022 Title:Revision#Dwg No.Job No.Drawn by:Date:File:PE:QC:Date By: Project Milestone:Of :2019-341.002RPF4.14.2022RPFRiflePit-FloodplainABF3118 West Sixth Street, Suite 200Glenwood Springs, CO 81601970.945.1004 www.sgm-inc.com Graphic ScaleIn U.S. Feet : 1" = 1000'0500 10002000IHC-Scott, Inc. dba Scott Contracting, Inc. 13Permit Set (Not For Construction)FloodplainVicinity MapRifle Pit Gravel Pit #104/14/202204/14/2022 Title:Revision#Dwg No.Job No.Drawn by:Date:File:PE:QC:Date By: Project Milestone:Of :2019-341.002RPFRPFRiflePit-ExhibitsABF4118 West Sixth Street, Suite 200Glenwood Springs, CO 81601970.945.1004 www.sgm-inc.com Graphic ScaleIn U.S. Feet : 1" = 200'0 100 200400IHC-Scott, Inc. dba Scott Contracting, Inc. 13Permit Set (Not For Construction)Existing ConditionsRifle Pit Gravel Pit #104/14/202204/14/2022 Title:Revision#Dwg No.Job No.Drawn by:Date:File:PE:QC:Date By: Project Milestone:Of :2019-341.002RPFRPFRiflePit-DesignABF5118 West Sixth Street, Suite 200Glenwood Springs, CO 81601970.945.1004 www.sgm-inc.com Graphic ScaleIn U.S. Feet : 1" = 120'0 60 120240IHC-Scott, Inc. dba Scott Contracting, Inc. 13Permit Set (Not For Construction)Reclamation PlanRifle Pit Gravel Pit #104/14/202204/14/2022