2014-10-01_PERMIT FILE - M2014055

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CMS 62167 EXHIBIT C—ACCEPTABLE USES OF LEASED PREMISES 1. ACCEPTABLE USE OF LEASED PREMISES a. UNDER MINING AND RECLAMATION LAW AND INDUSTRY STANDARDS i. All operations identified by Lessee in its Mined Land Reclamation Board ("MLRB") permit, issued by the Colorado Department of Natural Resources,Division of Reclamation,Mining,and Safety or MLRB. ii. Best Practices of the industry for mining,reclamation,and environmental stewardship. b. ANCILLIARY AND ADDITIONAL USES Uses of the Leased Premises that are ancillary to the purposes of developing,mining,producing,stock-piling, loading, weighing, and shipping Construction Materials, allowed under this Lease, and additional allowed uses include the following. i. Retail or over-the-counter sales activities or related facilities or public retail sales office, including public Pa'kin& ii. Public access limited exclusively to and for collection and weighing of purchased product; no general public access to other areas,including foot traffic or to areas of plant production and activity. iii. Office facilities essential to Lessee Lease-related operations. iv. A single concrete batch plant, limited to one (1) acres of involved Leased Premises, designed and operated consistent with Colorado state regulations and guidances. v. A single asphalt batch plant,limited to one(1)acres of involved Leased Premises,designed and operated consistent with Colorado state regulations and guidances. vi. Sanitary facilities for use of on-site personnel, including offenders, involved in Lease-related operations; sanitary facilities are restricted to portable contained toilet facilities supplied by a third party vendor. vii. One(1)truck scale. viii. One(1)"conex"storage container ix. Parking area sufficient for employee parking,located at the scale office. x. One(1)bulk diesel fueling facility,including an above-ground strong tank of no greater than tcn thousand (10,000)gallons,in compliance with federal and Colorado state requirements. xi. A single,permitted wash-out area for concrete mixer trucks,only. xii. A single wash water reclamation sedimentation pond xiii. All roads and parking areas and facilities will be surfaced with road base aggregates for dust control, consistent with state and local regulatory requirement. xiv. Inventory and stockpile division and containment barriers. 2. SPECIFICIALLY PRECLUDED USES OF THE LEASED PREMISES a. Office space or buildings and uses not directly supportive of Lease-related operations. b. Maintenance and repair shops or facilities for servicing vehicles and equipment. Routine equipment maintenance or emergency repass are activities excepted from this general prohibition. c. Long term(greater than one year)parking,abandonment,or storing of vehicles or equipment. d. Stockpiling or storage of Construction Materials or any other material not native to the Leased Premises at the time the Lease was effective, except that which is required for use of either the concrete or asphalt batch plants in their essential operations within a one hundred eighty(180)day period e. Storage or warehouse facilities, other than stockpiles of materials produced or used on the Leased Premises, and divider barriers sufficient to contain and separate them. f. Equipment wash facilities,other than one(1)wash-out area for concrete mixer trucks. g. Septic system, or other water or wastewater treatment facilities, other than wash water reclamation sedimentation ponds. h. Solid waste storage or waste material storage beyond that which will be removed from the Leased Premises within a forty-five(45)day period. 3. REMEDY FOR IMPROPER USES OF THE LEASED PREMISES Unless agreed to in writing pursuant to §22.G. of the Lease,no other use of the Leased Premises is allowed The presence of any unallowed use on the Leased Premises shall constitute breach of the Lease. The remainder of this page intentionally left blank. Exhibit C-1 N -- �%