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LESS AND EXCEPTING: <br />A PARCEL OF LAND LYING IN TRACT 41 OF THE 1908 GOVERNMENT LAND OFFICE <br />RESURVEY, IN SECTION 6, T1N, R96W OF THE 6 P.M., ROP 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 AP4 (BLM ALUMINUM MONUMENT) BEARS N88 °56'27 "E, 2620.04 FEET; <br />THENCE N53 °23'28 "E, 892.04 FEET TO THE POINT OF BEGINNING; <br />THENCE N34 °24'24 "E, 241.69 FEET; <br />THENCE S55 °35'36 "E, 549.70 FEET; <br />THENCE S34 °24'24 "W, 241.69 FEET; <br />THENCE N55 °35'36 "W, 549.70 FEET TO THE TRUE POINT OF BEGINNING, <br />CONTAINING 34.04 ACRES MORE OR LESS <br />WHEREAS; the Colorado Department of Public Health and Environment (CDPHE) has <br />determined that the proposed facility, as described in the April 2012 Application and Design and <br />Operations Plan, can comply with the technical, environmental and public health standards of the <br />Solid Wastes Disposal Sites and Facilities Act, Title 30, Article 20, Part 1 of the Colorado <br />Revised Statutes with the following conditions: <br />1. The facility shall comply with the public health and environmental laws, standards, and <br />regulations of the Colorado Department of Public Health and Environment and all <br />other applicable State, Federal and local rules and ordinances. <br />2. Any and all waste accepted at the facility must pass the paint filter test, i.e., the waste <br />must not be considered "liquid waste" and therefore cannot contain free liquid. <br />3. The engineering design for the final closure cover system must be revised and <br />resubmitted for review and approval prior to final closure of Cell A. The cover design <br />in the Application shall be utilized in financial assurance cost estimates for closure and <br />post closure. <br />4. A Certification report documenting the construction quality assurance (CQA) for Cell <br />A and storm water Pond (sealed by a Professional Engineer registered in Colorado) is <br />required to be reviewed and approved by the Division prior to the acceptance of any <br />waste. <br />5. Financial Assurance as outlined in Section 1.8 of the Regulations will be required to be <br />in place, reviewed, and approved by the Division and Rio Blanco County prior to <br />accepting any waste. <br />6. Western Gravel shall notify the Department' Air Pollution Control Division (APCD) <br />and obtain the appropriate APCD permits for this facility. <br />7. Western Gravel shall notify the Department's Water Quality Control Division <br />(WQCD) and obtain the appropriate WQCD permits for this facility. <br />8. Western Gravel shall contact the Division of Mining, Reclamation, and Safety <br />regarding and necessary revisions associated with the active sand and gravel mine <br />permit. <br />5 <br />