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materials or mandated shutdowns because of emissions within 48 hours of <br />occurrence. <br />21. Western Gravel, LLC must supply an Impact Fee estimate to the Rio <br />Blanco County Planning and Development Department and pay the Impact Fee <br />prior to approval of the SUP. <br />22. In the event Western Gravel, LLC intends the sale, lease, or otherwise <br />transfer of the rights and/or facilities covered under the Special Use Permit, the <br />transferee must comply with all terms and conditions of the Special Use Permit, <br />including but not limited to mitigation measures and all other requirements. <br />Notice must be given to the Rio Blanco County Planning and Development <br />Department at least 30 days prior to the anticipated date of transfer. Before <br />transfer, the Transferee must execute written documentation agreeing to be bound <br />by all provisions of the Special Use Permit. Until the Transferee executes said <br />documentation, Enterprise will remain responsible for compliance with all the <br />provisions of the Special Use Permit. The Transferee's failure to execute such <br />documentation coupled with Enterprise's failure to honor its continuing obligations <br />are cause for revocation of the Special Use Permit; and <br />WHEREAS, the metes - and - bounds description of the 34.04 acre area encompassed by the <br />Phase 1 filling boundary for the Special Use Permit (I 1-04) is as follows: <br />A PARCEL OF LAND LYING IN TRACT 41 OF THE 1908 GOVERNMENT LAND OFFICE <br />RESURVEY, IN SECTION 6, TIN, R96W OF THE 6 P.M., RIO BLANCO COUNTY, COLORADO, <br />MORE PARTICULARLY DESCRIBED AS FOLLOWS: <br />BEGINNING AT AP (ANGLE POINT) 3 (BLM ALUMINUM MONUMENT) OF SAID TRACT 41; <br />WHENCE AP 4 (BLM ALUMINUM MONUMENT) BEARS N88 °56'27 "E, 2620.04 FEET; <br />THENCE N00 °16'01 "W, ALONG THE WEST LINE OF SAID TRACT 41, 1086.97 FEET TO A POINT <br />WHENCE AP2 (BLM ALUMINUM MONUMENT) OF SAID TRACT 41 BEARS N00° 16'01 "W, <br />1588.70 FEET; <br />THENCE N56 °00'00 "E, 224.87 FEET; <br />THENCE S51 °00'00 "E; 185.00 FEET; <br />THENCE S64 °00'00 "E; 225.00 FEET; <br />THENCE S70 °00'00 "E, 280.00 FEET; <br />THENCE S62 °00'00 "E, 120.00 FEET; <br />THENCE S48 °00'00 "E, 210.00 FEET; <br />THENCE S61 °00'00 "E, 190.00 FEET; <br />THENCE S75 °00'00 "E, 290.00 FEET; <br />THENCE S84 °00'00 "E, 385.00 FEET; <br />THENCE N79 °00'00 "E, 265.94 FEET; <br />THENCE S00 °01'21 "W, 508.74 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT 41; <br />THENCE S88 °56'27 "W, ALONG SAID SOUTH LINE, 2620.04 FEET TO THE TRUE POINT OF <br />BEGINNING. <br />4 <br />