2013-02-12_PERMIT FILE - M2009086

• Permit No: M2009086
• IBM Index Class Name: PERMIT FILE
• Doc Date: 2/12/2013
• Doc Name: REPLACEMENT OF SPECIAL USE PERMIT
• From: OPERATOR
• To: DRMS
• Email Name: PSH
• Media Type: D
• Archive: No

RECEPTION#: 2012009828, 12/19/2012 at 01:46:45 PM, 5 OF 12 Doc Code:RES,
Sara L. Rosene, Grand County Clerk and Recorder, Colorado
During the term of this Special Use Permit, Pennittee shall provide proof that all permits required
from the State of Colorado Department of Public Health and Environment and Division of
Reclamation, Mining and Safety are valid and in effect. All conditions and plans included in the
112 Operations Permit, as well as those conditions and plans included in any other permit
obtained from any state or federal government are hereby incorporated by reference and included
as conditions of this Grand County Special Use Permit.
The Permittee shall provide a copy of all Mineral Program Inspection Reports to the Grand
County Department of Planning and Zoning.
In the event the Permittee requests a technical revision to the State 112 Operations Permit,
Pcrtnittcc shall simultaneously apply for an amendment to this Special Use Permit.
M. Rehabilitation.
Permittee has represented to the Board of County Commissioners that the site of this operation
will be rehabilitated and reclaimed pursuant to the requirements of the Colorado Open Mining
Land Reclamation Act of 1973 and pursuant to recommendations made by the Soil Conservation
Service. Specifically, Pennittee has represented that with the State Permit to conduct this gravel
extraction, operation they have entered into a land stabilization and reclamation agreement
required by the Colorado Open Mining Land Reclamation Act of 1973. Permittee warrants that
all required rehabilitation and reclamation of this site will be completed immediately upon
termination of this Special Use Permit Permittee, by signing this Special Use Permit, does
hereby make the same representations and commitments to the Board of County Commissioners
of the County of Grand regarding the stabilization and reclamation of this site.
N. Storage of Junk and Abandoned Property;
Pennittee may not use the Permit Area for purposes of storing junk materials. Junk materials
include abandoned cars and trucks or other equipment which is not operable and any equipment,
vehicles, or materials which are not used in the operation of this special use. Permittee may
stockpile materials which have been extracted from the site.
0. Emergency and Special Projects;
Emergency Situation is defined as: Non - routine situation which requires prompt action to protect
the welfare of the public from potential hazardous incidents and damage to property. A person
who, Through no fault of his or her own, is placed in a sudden emergency, is not chargeable with
negligence if the person exercised that degree of care which a reasonably careful person would
have exercised under the same or similar circumstances. A financial burden to Pennittee shall not
alone constitute an emergency at any time.
Special Project is defined as: Non - routine project which would require Permittee to operate
beyond the limitations of this Permit. For approval of a non- routine project, Permittee shall make
application to the Department of Planning and Zoning and the matter shall be set for a public
hearing before the Board of County Commissioners. All property owners within five hundred
(S00) feet of said Special Use Permit shall be notified prior to review before the Board of County
Commissioners. A financial gain for Permittec shall not alone be grounds for approval of a
Special Project dispensation.
P. Limitation of Liability:
The Board of County Commissioners by the issuance of this Permit Renewal assumes no
responsibility for the operation of this site and Permittee hereby covenants and agrees to hold
Grand County harmless for any injury or damage which may occur, of whatever type or nature, as
the result of the operation contemplated by this Permit Amendment Permittee warrants that
appropriate liability and hazard insurance to compensate any individuals who may be injured or
damaged in any manner by the conduct of this use will be obtained. Permittee further warrants
and agrees to compensate Grand County for any expense incurred in the defense of any lawsuit or
other type of action which may be brought against said County as a result of said Permittee's
operation of this use.
0. Alteration of Terms and Conditions:
The terms and conditions of this Permit cannot be altered without proper notice and review by the
Grand County Board of County Commissioners.
R. Binding Con • ct:
This Permit shall become a binding contract between the parties hereto upon the execution hereof
as provided for below. Said contract shall be binding upon and inure to the benefit of successors,
heirs assigns and personal representatives of the parties.