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HomeMy WebLinkAboutR05-101 special use permit Hidden Valley Mine Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2005 - APPROVAL OF A SPECIAL USE PERMIT FOR CONTINUATION AND EXPANSION OF A GRAVEL MINING OPERATION AT THE HIDDEN V ALLEY MINE File Nos. ZS-00126 WHEREAS, Oldcastle SW Group, Inc., dba B & B Excavating, ("Applicant") did file an application with the Eagle County Department of Community Development on or about January 19,2005, for a Special Use Permit for the continuation and expansion of a gravel mining operation at the Hidden Valley Mine located near the intersection of the Deep Creek Road and the Colorado River Road, north of Dotsero; and WHEREAS, notice of the Special Use Permit application was given to all proper agencies and departments as required by the Eagle County Land Use Regulations, Section 5- 210.E; and, WHEREAS, at its public hearing held on April 20, 2005, the Eagle County Planning Commission, based upon its findings, recommended approval of the Special Use Permit, with certain conditions; and WHEREAS, a public hearing was held by the Board of County Commissioners of the County of Eagle, State of Colorado, on May 3, June 14 and July 26,2005; and WHEREAS, BASED ON THE EVIDENCE BEFORE IT, including testimony, exhibits, and study of the Master Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and I agencies, the recommendation of the Eagle County Planning Commission, and comments from all interested parties, and with the modifications imposed by the conditions hereinafter described, the Board of County Commissioners of the County of Eagle, State of Colorado ("the Board") finds as follows: 1. That proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board. 2. The Board has considered Eagle County Land Use Regulations, Section 5-250.B., Standards for the review of a Special Use Permit, and finds as follows: 1. Consistent with Master Plan. The proposed Special Use is appropriate for its proposed location and is consistent with the purposes, goals, objectives and policies ofthe Master Plan and the FLUM of the Master Plan, including standards for building and structural intensities and densities, and intensities of use. 2. Compatibility. The proposed Special Use is appropriate for its proposed location and is compatible with the character of surrounding land uses. 3. Zone District Standards. The proposed Special Use does meet the standards of the zone district in which it is located, and does meet the standards applicable to the particular use, as identified in Section 3-310, Review Standards Applicable to Particular Residential. Agricultural and Resource Uses. 4. Design Minimizes Adverse Impact. The design of the proposed Special Use does minimize adverse impacts, including visual impact ofthe proposed use on adjacent lands; furthermore, the proposed Special Use does avoid significant adverse impact on surrounding lands regarding trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, and shall not create a nuisance. 5. Design Minimizes Environmental Impact. The proposed Special Use does minimize environmental impacts and does not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. 6. Impact on Public Facilities. The proposed Special Use is adequately served by public facilities and services, including roads, pedestrian paths, potable water, parks, schools, police and fire protection, and emergency medical services. 2 7. Site Development Standards. The proposed Special Use does comply with the appropriate standards in Article 4, Site Development Standards. 8. Other Provisions. The proposed Special Use does comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the application of Old castle SW Group, Inc., dba B & B Excavating, File No. ZS- 00126, for a Special Use Permit for the continuation and expansion of a gravel mining operation at the Hidden Valley Mine located near the intersection of the Coffee Pot Road and the Colorado River Road, north ofDotsero in the Resource Zone District, more specifically described in Exhibit "A" which is attached and incorporated by reference to these findings, be and is hereby approved, subject to the conditions as set forth herein. THAT, the following conditions shall be placed upon this approval and that violation of any condition shall be the basis for revocation of the Special Use Permit: I. Maximum production permitted under this Special Use Permit shall be 112,000 tons per year through 2006, 140,000 tons per year through 2009 and thereafter, 350,000 tons per year through 2045, with a maximum production of 12,999,000 tons. 2. Permitted uses and activities on the Hidden Valley Pit site are as follows: a. Site preparation including road construction/access improvements, topsoil removal and stockpiling, overburden removal and stockpiling. b. Aggregate mining and stockpiling, washing, crushing, conveying, loading, and hauling of aggregate material mined from the site. Importation of raw material to the Hidden Valley Pit site is not permitted. c. Drainage improvements such as culverts, sediment ponds and water tanks/storage. Water storage uses shall include pumps and surface and subsurface pipelines. d. Utility lines, including telephone, electricity, propane, water, generators, and fire protection equipment and supplies, may be placed above or below ground. e. Reclamation activities such a grading, seeding, planting, mulching, fertilizing and irrigation. 3 f. One dwelling unit for a caretaker or night watchman may be placed on the site upon on issuance of a building permit and a ISDS Permit. The housing shall be of a temporary nature and be removed at the expiration of this permit. g. One scale house and office not to exceed 1,000 square feet. h. Only equipment that is necessary for the daily/on-going operation and maintenance of the gravel operation may remain on the site; the site may not be utilized as a contractor's storage yard without specific amendment to this permit. 1. Parking of employee or visitor vehicles, as well as company vehicles required for on-site operations. J. Storage of mining and construction equipment and supplies necessary for the on-going operation of the gravel pit may occur, however adequate screening is required. 3. This Special Use Permit shall supersede the Uses by Right in the Resource Zone District except as may in the future be approved by the Board of County Commissioners through the Special Use Permit process; provided, however, that agricultural uses, utility distribution facilities and water diversion structures/ditches shall be considered to be apart of this Special Use Permit. 4. B&B Excavating (or its successor operator of the Hidden Valley Pit site) shall update (as and when necessary) and maintain a detailed policy guide and procedure manual outlining fire, health, emergency, safety and welfare of employees and surrounding residents and visitors to the area. B&B Excavating shall make a good faith effort to involve the Compliance Review Panel consisting of representatives of B&B Excavating, the Colorado River Road property owners, and Eagle County Code Enforcement, as outlined by the Applicant in its Amendment dated May 24, 2005 in the formulation of this guide and procedure manual and a copy shall be provided to each interested property owner, as well as to the Department of Community Development within 30 days of the approval of this Special Use Permit. B&B shall meet, upon request, with local residents to discuss concerns. The policy guide and procedure manual shall be completed prior to the hearing before the Board of County Commissioners and shall be enforceable by the Compliance Review Panel. 5. Only B&B Excavating (or the successor operator of the Hidden Valley Pit site) employees and trucks, and those ofB&B's (or the successor operator's) contractors who conform to the conditions of this Special Use Permit, shall be used to haul materials from the site. "Contractors" are hereby defined a qualified companies who contract with B&B Excavating (or its successor operators) to haul material out of the 4 pit or qualified companies who contract with B&B Excavating to haul to B&B job sites or B&B pits. 6. B&B Excavating (or its successor operator of the Hidden Valley Pit site) shall regularly educate all drivers entering or leaving the site on the following: a. The prohibition of the use of ''jake brakes" on the Colorado River Road, except in emergency situations where property damage or damage to life and limb may occur. b. Speed limitations on Coffee Pot Road, Colorado River Road and Highway 6 at the 1-70 Dotsero ramps. In addition, a schedule for vehicle and equipment maintenance shall occur so that both noise levels and safety factors are considered. This includes muffler noise from trucks. 7. Lighting on the Hidden Valley Pit site shall be limited to flush mounted, down-cast lighting located on the scale house/office and the caretaker unit. Temporary (up to 60 days) security lighting may be installed upon written complaint to the Eagle County Sheriff of vandalism, theft or other criminal activity. A copy of the complaint shall be received by the Department of Community Development prior to the temporary lighting being used, and if the temporary lighting is necessary for more than 60 days, it must be approved by the Board of County Commissioners in a public hearing after proper public notice is provided. 8. The Hidden Valley Pit site operations shall comply with the Eagle County Industrial and Commercial Performance Standards, as may be amended from time to time. 9. Visual impact shall be mitigated in the following manner: a. Disturbed areas shall be reclaimed as soon as practicable, with vegetation species and densities designed to blend with the surrounding area following the approved reclamation plan. b. If visible frbm surrounding areas, buildings shall be painted with colors designed to minimize visual intrusion onto the surrounding area. 10. Normal hours of operation (including mine operation, processing and hauling) shall be as follows: Scale / Hauling (trucks loaded and off the scale by 5:00 PM) Monday through Friday - 7:30 AM to 5:00 PM 5 Saturday - 8:00 AM to 5:00 PM (No more than 3 Saturdays per calendar year. B&B Excavating shall coordinate Saturday hauling operations to avoid those Saturdays in which Colorado River Road bike races are scheduled.) Sunday (Scale / Hauling operations not permitted) Crushing / Washing Monday through Friday - 7:00 AM to 6:00 PM Saturday - 8:00 AM to 5:00 PM (No more than 27 Saturdays per calendar year) Sunday (Crushing / Washing operations not permitted) Plant / Site Maintenance Monday through Friday - 7:00 AM to 6:00 PM Saturday - 8:00 AM to 5:00 PM (No more than 27 Saturdays per calendar year) Sunday (Plant / Site Maintenance not permitted) 11. To preclude undue conflict during certain times in which heavy vehicular traffic may be expected on Colorado River Road and in which public safety is of greater concern, operations related to the Hidden Valley Pit shall be further restricted as follows: a. Operations shall not be permitted at the following times: 1. New Years Day and the weekend if it should fall on a weekend 11. Memorial Day and the weekend preceding 111. July Fourth and the weekend ifit should fall on a weekend IV. Labor Day and the weekend preceding v. Thanksgiving Day and the weekend following VI. Christmas Eve and the weekend if it should fall on a weekend V11. Christmas Day and the weekend if it should fall on a weekend Vlll. The day before the first day of each session of rifle hunting season b. Gravel hauling operation shall be suspended for four hours during each check-in time and check-out time for the opening and closing sessions of Anderson Camps, provided that there be no more than 8 suspensions during a calendar year, and provided further that the Camp gives both the Department of Community Development and B&B Excavating (or the successor operator of the Hidden valley Pit site) a schedule of those check-in and check-out times for which it desires suspension reasonably in advance of those times. c. In the event of conflicts between truck activities associated with this Special Use Permit and school bus operations, as perceived by the Eagle County 6 School District (RE50J), representatives of B&B Excavating (or its successor operator) shall meet with representatives of the School District and attempt in good faith to resolve the conflict. In the event that attempts to resolve the conflict are not satisfactory, the matter shall be considered by the Board of County Commissioners at which time the Board may, at a public hearing, modify, add or delete one or more of the conditions of approval of this Special Use Permit. 12. It shall be required that [a] the Applicant shall participate in improving Colorado River Road prior to the start of material hauling for the 2007 season (road improvements to be completed in 2006); [b] the level of improvement shall be a minimum of 3" asphalt overlay (2" leveling course, 1" asphalt surface), along with any shoulder and roadside improvements deemed necessary by the County Engineer; and [c] the Applicant shall perform the improvements and supply the County with their "actual cost", with the County paying for 59% (applicant paying for 41 %) of the cost, with the maximum overlay cost being established by the "County Overlay Project" bid rate in the 2006 construction year. 13. It shall be required that [a] the Applicant shall participate in the improvement and/or upgrade of the Deep Creek Bridge based on the Bridge Inspection Report and subsequent recommendations prepared by LONCO at a rate of 50% of cost, and [b] the Applicant will be allowed to perform the improvements if they choose, or pay the contribution rate agreed to for the Road & Bridge Department to perform the improvements, and [c] the bridge repair items recommended by the LONCO Report as "Urgent Repair" items 1 & 2, and "Programmed Repair" items 1 & 3 shall be completed prior to the increase of production levels in 2006 (work to be completed in 2005). 14. It shall be required that [a] the Applicant shall improve Coffee Pot Road at its sole expense prior to the increase of production levels in 2007 (work to be completed in 2006); and [b] approximately 2500 linear feet of Coffee Pot Road shall be improved from the intersection with Colorado River Road to the pit entrance, with a minimum pavement section of 4" asphalt over 8" base course as designed by a geotechnical engineer; and [c] engineered Construction and Drainage Plans meeting all County Road Standards shall be submitted to the County Engineer for review and approval prior to the start of construction. 15. If any new seep occurs which causes damage to either Colorado River Road or Deep Creek Road and such damage can be attributed to the Hidden Valley Pit mining operations, the Applicant (or the successor operator of the Hidden Valley Pit site) shall repair the subsequent damage to the satisfaction of the County Engineer at its sole expense. 7 16. The top of any excavation in the vicinity of public lands shall be no closer than 30 feet to property boundaries and shall have a mining slope and reclamation slope of no greater than 3H:IV, and shall be properly top-soiled and re-vegetated as proposed in the Reclamation Plan. 17. The public land - private land boundary and the limit of excavation shall be permanently and clearly marked and posted, and no encroachment outside of the boundary shall be permitted for any mining activity. 18. B&B Excavating (or the successor operator of the Hidden Valley Pit site) shall submit the annual report required by the Colorado Division of Minerals and Geology to the Eagle County Department of Community Development simultaneously with its submission to the State, but in any event, no later than August 5 of each year. 19. This Special Use Permit shall be approved for mining and reclamation operations beginning in 2005 and continuing until December 31,2045, with the provision that two types of reviews occur during this timeframe. Every 10 years, 2015, 2025 and 2035, a the special Use Permit shall be subject to review by the Eagle County Planning Commission and the Board of County Commissioners at public hearings, after the applicant has provided information and reports deemed necessary by the Director of Community Development, and appropriate public notice having been given. Provided further, the Board of County Commissioners may delete or modify any existing conditions of approval or add additional conditions of approval applicable to subsequent mining and reclamation operations under this permit. For each intervening 5 year period, 2010, 2020, 2030 and 2040, the applicant will provide information to the Director of Community Development regarding a) compliance, b) complaints, c) corrective action, d) lease standing, and e) significant changes to the operation. If there are no significant issues with any of these items, the Director of Community Development will issue an abbreviated report sent to appropriate parties and the operation will continue as in the past. If there is a significant issue with any of the items, the Director of Community Development can either resolve the issue(s) with the applicant or the Director may ask for the full process as outlined above for the 10 year review. As provided in the Land Use Regulations, as they may be revised from time to time, and for good and sufficient cause, the Board of County Commissioners may revoke the Special Use Permit. 20. All local, state and federal permits shall be obtained and submitted to Eagle County Community Development prior to expansion associated with the Special Use Permit, including demonstration of the availability of adequate, decreed water rights needed for all aspects of the operation. Further, any violation of a local, state or federal permit shall constitute a violation of this Special Use Permit. 8 21. An Annual Compliance Report which demonstrates conformance with the Dust Suppression Plan (DSP), Storm Water Management Plan (SWMP), and Spill Prevention, Control and Countermeasures Plan (SPCC); with Division 4-5, Commercial and Industrial Performance Standards, of the Eagle County Land Use Regulations; and with the policy guide and procedure manual shall be submitted by the Applicant to the Environmental Health Department no later than August 5 of each year. 22. Based on the information that will be forthcoming in the Revised Traffic Impact Study (and subject to verification by the Engineering Department), the Road Impact Fees for this operation shall be paid by the Applicant based on the following schedule: a. Due January 1,2006: First Installment of$25,384 for increase to 112,000 tons per year of production (increase of 76 "car equivalent" trips per day). b. Due January 1,2008: Second Installment of$13,026 for increase to 140,000 tons per year of production (increase of 39 "car equivalent" trips per day). c. Due January 1,2011: Final Installment of $86,840 for increase to 350,000 tons per year of production (increase of260 "car equivalent" trips per day. 23. The following site changes shall be made: a. The scale house and scale operations shall be moved before December 31, 2005, to a location which is not visible from Colorado River Road. b. At the time the scale house and scale operations are moved, the scale road will be realigned in a northerly direction away from the pit perimeter and the existing scale road will be reclaimed as part of this operation. c. The southern facing berm shall be removed and reclaimed before operations begin in the Phase II area, i.e., beyond the current mining area. 24. The Applicant shall inspect Deep Creek Road each work day and clean it immediately if it is muddy. 25. The Applicant shall comply with all of the agreements represented as having been agreed to with the homeowners that are documented in the Amendments dated May 24 and May 25,2005. 26. Except as otherwise modified by these conditions, all material representations of the Applicant in this application and all public meetings shall be adhered to and be considered conditions of approval. 9 THAT, the Hidden Valley Pit Mine Plan attached hereto as Exhibit "B" be and is hereby approved. THAT, the Hidden Valley Pit Reclamation Plan attached hereto as Exhibit "C" be and is hereby approved. THAT, this permit shall be subject to review as provided for by the Eagle County Land Use Regulations and the conditions of approval set forth above. THAT, the Board of County Commissioners directs the Department of Community Development to provide a copy of this Resolution to the Applicant. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the Cl day 2005, nunc pro tunc to the 26th day of July 2005. ~." A . l,it ....-: Teak J. Simonton Chairman Clerk to the Board of County Commissioners T~~. om . tone, ommlSSlOner 10 Commissioner seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Am M. Menconi Commissioner Peter F. Runyon Commissioner Tom C. Stone This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. II Exhibit "A" LEGAL DESCRIPTION. . The legal description in this section is based on the entire lease area of 199.36 acres. The pennit C~' area is slightly less than this amount. Its area is 183.65 acres. DESCRIPTION A ptJ'I'Cd olllllltllociztetl ill nuet.r 4611114 41, Seditm 30, TolVllship 4 South, RII1Ip 86 West 01 the 6th PriadptIl Mm4imI, I,iIIg we*"" 01 llliM 351_ we*"" 01 tIN CoIMtulo Rher RDIIII celItBIIu a e8lllbIiaW 1I,.&,Ie eo.""", 1I1I411D1'1her1J 01 the 1ID1'IherIJ liM 01 II 60' roa4 etl8elMllt lor Deep Owl RDIIIl a de8C1'ibed ill Book 121 III Page 658 01 tIN Esgle COIIIIt1 recortb, ;" the CtRDItJ 01 Esgle, SIiIU of ColortMID, more JNI11kultrrI1deseribe4 a lollow8: Begillning fit tJ Brtus ClIp lound fit AP 2 018llid Tract 46; the1u:e S ()(J002'56" W 1331.40 leet iii tJ Brtus ClIp lound fit AP 3 018f1i4 n- 46; the1u:e S 89059'21" W 1322.321eet iii .. Brtus ClIp 101l1Ul fit AP 2 018llid n- 41; the1u:e Soulh 1342.31Ieet iii II Brt1ss ClIp low III AP 3 018llid n- thenee S 89058'18" W 1211. 92leet iii tJ Brtus ClIp 101l1lll fit AP 401 n- 41; Oldcastle SW Group dba B&B Excavating Hidden Valley Pit Special Use 1105 .~~" tIwace S 0000'00" W 145.6( It alonglllN 4-5 01 urUl 7r 47 to a m... JO led northe,.q 01 ( the ceraterIiIN 01 urUl Deq Cree" Rotul BtlSeIMlU; thence the lollowing 19 coune' along said raort1aerI1ll1N: 1) S 75018'00" H 338.01Ieet, 2) along II CJU11e to 1M right 1uJVi1Ig II I'tIdi,u 01173.201'et, II ce'llll'tlla'" 01 45025'00", tIIJ an: leraglla 01137.291'et, II tag,rat 01 72. 481,et, II1Ul along chortJ oj 133. 72 I'd be4riDg S 52035'30" H, 3) S 29053'00" H 44.70Ieet, 4) ..g II curve to 1M left 1uJVi1Ig II I'tIdi,u 0184. 6IJ Jeet, a ce'llll'tlla'" 01 650(}6'OO", tIIJ an: lenglla 0196.12Ieet, a tagBIII 0154.00 I'et, II1Ul along chortJ 0/91.04led be4riDg S 62026'00" H, 5) N 8S001'00"H 54.6IJI'et, 6) along II CJU11, to 1M left 1uJVi1Ig al'tldi,u 011116.00 I,et, II centl'lll tIIJ,le oj 05044'00", tIIJ an: leraglla oj 111.67 J'et, a tagerat oj 55. 88leet, 41UI along chortJ oj 111. 63 I'd be4riDg N 82d09'00" H, 7) N 79017'00" H 126.80 leet, 8) .ng II curve to 1M ri,ht luwing a 1'tIdbu 011462.501'et, a centrtll tIIJ'" 01 05046'00", tIIJ an: leraglla oj 147.20 J,et, a tagent 01 73. 66leet, 41UI II long chortJ 0/147.131,d bearirag N 82010'00" H, 9) N 85003'00" E. 796.20 J,et, 10) DID.g a curv, to the left 1uJVi1I, a radius 011402.501,et, a c,ntrala,1e 0/ (}8042 '(}(J", a an: lenglla 01212.96leet, a tagent 01 106. 691ed, II1Ul a long chord 0/212. 761,el bearing N OB042'0IJ" E, 11) N 76021'OIJ"E 628. 6IJ led, 12) DlDng a curve to 1M right luwing a 1'tIdbu 0/501.50Ieet, a central tIIIg" 0/ 38053'(}(J", a an: lengtla 0/344.41Ieet, a tagent 01179. 131eet, and a long chord 0/337. 84leel betlTing S 84012'30" H, 13) S 64046'(}(J" H 801J.I0 leet, 14) along a curve to 1M right luwing a 1'tIdbu of 848.60 leet, a central tIIIg" 01 140(Jf'0IJ", till an: length 01209.57Ie,t, a IIIIIgent 01105.32Ieet, II1Ul a long choTd 0/209.04leel bearirag S 57041 '30" H, 15) S 05037'00" H 275. 701,el, 16) along a curv, to the right 1uJVi1Ig a rtulius of 2895.00 feet, a centrtll tllJgle of 04031 '00", tIIJ 41'C length oj 228.21Ieet, a IIIIIgerat 0/114. 171,el, II1Ul a long choTd of 228. 161eel bearirag S 48021'30" H, 17) S 460(}6'oo" E 486.40Ieet, 18) alon, a curv, to the left Juwing a 1'tIdbu 01379.30Ieel, a c,ntral tIIIgle of 28036'0IJ", till 41'C lengtla 01 189. 33 leel a IIIIIgent 0196. 68leet, and a long chord of 187. 371eel bearing S 060U'OIJ" H, 19) S 74042'00" E 58.521eel to a lin, 351eet westerl] of the centerline of Colonulo Ri,er Rotul; Oldcastle SW Group dba B&B Excavating Hidden Valley Pit Special Use 1/05 t (- IMnee the following 39 coun.. 4lo1ag SIIid westen, 1iM: 1) along t.J IURI-tagent clII'Ve 10 the righl Iuzvin, t.J 1'tIdius of 635. 00 fe., t.J cllltlYll tIIIrk of 05012'33", till arc dlsttmce of 51.13 fe., t.J lilngent of 28.89 f'''' and t.J ltm, chord of 51.11 fe.1HIIring N 22014'08" E, 2) N 28041'36" E 128.58fe., 3) N 03048'14" E 86.04fe., 4) N 29051'54" E 88.2Sfe., 5) aloIag t.J 1URI-ta,11II ClU'N 10 the kft Iuzvin, t.J 1'tIdius of 865. 00 feet, t.J c,1ItrtIl till'" of 19050'02", till arc disttmce of 299.43 fe., t.J 1iIn,11II of 151.23 f'. a4t.J 11m, chord of291.94fe.1HIIrin, N 18001'35" E, 6) N 06011 '30" E 88.21 fe., 1) NosoI2'16" E 10.36fe., 8) Nos039'51" E 86.11fe., 9) aloia, t.J nOll-ta,11II curve 10 tIN righl Juwin, t.J 1'tIdius of 1985.00 fe", t.J cllltlYll tIIIrk of 00001'26", till arc disttmce ofO.83fe., t.J lilngent of 0.42 f,,,, and t.J IImg chord ofO.83fe.1HIIrin, N 01002'11" E, 10) N 01020'52" E 85.44 fe., 11) N 01046'01" E 41.29 fe., 12) N 01025'39" E 64.36 feet, 13) alon, t.J nOll-ta,11II clII'Ve 10 tIN kft luzving t.J nuliu of 1165.00 feet, t.J celltrtll tIIIgk of 05004'35", till arc dlsttmce of 156.38fe., t.J lilngent of 18.24feet, ad t.J long chord of 156.33 feet bearing N 04011 '39" E, ( 14) N 0IJ051'32" E 64.39 feet, ",,,,./ 15) N 0IJ039'38" E 3.41 feet, 16) N 0IJ031 '48" W 92.83 fe., 11) alon, t.J non-tagl1ll clII'Ve 10 tIN kft Juwing t.J radius of 745.00 feet, t.J ce1ltrtll tIII,k of 18003'18", till arc dlsttmce of234.76feet, t.J tlmgent of 118. 36feet, ad t.J long chord of 233.79 feet bearing N 1 053'48" ~ 18) N 23015'39" W 92. 84feet, 19) N 24025'24" W 30.04 feet, 20) along t.J clII'Ve 10 the righl having t.J radill8 of 2035.00 feet, t.J centrol tIIIgk of 04003'09", till arc disto.nce of 143.93 feet, t.J Iilngl1ll of 72.0IJ feet, and t.J long cllord of 143.90 feet 1HIIring N 22023'50" ~ 21) N 02021'13" W 251.79 feet, 22) N 02020'50" W 123. 16fe., 23) along t.J non-tangent clII'Ve 10 the left luzving t.J radius of 1165.00feet, t.J central tIIIgk of 06054'34", till arc dlsttmce of 140.49 feet, t.J tlmgent of 70.33 feet, tmtl t.J long chord of 140.41 feet beming N 26048'02" ~ 24) N 32015'01" W 123.16 feet, 25) N 33014'17" W 151. 86feet, 26) N 03037'34" W 102.89 feet, Old castle SW Group dba B&B Excavating Hidden Valley Pit Special Use 1/05 21) tJIorag 4 11011..1.. ~ellt curve to the righlluMllg 41't1t1ilA JI635. 00 le<<, 4 ( C,lItnJIlIlIgU 0101011'14', IIlI an: distIIlIce 01125.091'et, 4 tIIlIgellt 0162.15 leet, mul4 Iollg chord 01 124. 891e<< beilring N 22049'16" W, 29) N 12023'13" W 2. 191eet, 30) N 14014'11" W96.521'et, 31) alollg 4 lItJlI-IIDIgellt ClII'Ve to the left IuMlIg 41't1di1u 01415.00 leet, a celltrtll tIlIp 0104012'54", IIlI fire distIIlIce 0/341.69/eet, 4 tIIlIg,lIt 0/118. 61/eet, tIIUl4 loIIg chord 01 334. 311e<< beilring N 38031'31" ~ 32) N 63000'43" W 96.521'et, 33) N 64051 '06' W 8D.12Ieet, 34) N 63026'58" W 102.41Ieet, 35) alollg 4 lItJlI-IIDIgellt curve to the righlluMllg 4 I'tIdi1u 01125.00 I'et, 4 cmtralllllgk 0/00016'45", IIlI QTC distance 0/3.53/eet, a tIIlIgellt 0/1.11 f'et,1lIUl alollg chord 0/3.53feet beilring N 6036'52" ~ 36) N 51039'59" W 102.55Ieet, 31) N 56016'03" W 324. "leet, 38) N 54055'53" W 121.40 feet, 39) alollg 4 IIOII-IIDIgellt curve to the righlluMllg 4 TtIIliu 0/935.00 feet, a cmtralllllgle 0/34023'29", IIlI QTC distIIlIce 0/561.23/,et, 4 tIIlIgellt 0/ 289.35Ieet IJlId 4 long chord 0/ 552. 84/eet bearing N 35005'31" W to the no'l1heilJ lilIe 0/ stIid Trad 46; thence West 603.01/eet along said northerly lilIe to AP 20/ said 1i' 46, the point 01 (c.~. beginnillg, contailling 199.36 acres, more or less. Oldcastle SW Group dba B&.B Excavating Hidden Valley Pit Special Use 1/05 B" Exhibit" '-.' MitiptlOD Berm Area Vlsul __ad Permit aacI Pro....- DMG Boundary MIBIDc Area terllDe Crou-SecdoaCea ) -l-l-l- ",,",Powenme /' / / l-l- 00aIt '"._ / - , - D_......_ __ _u, ~._ ,,r. , I..ewlcId And A8s0cfat90 )K Greg __ .. .....c... ....... b.....dlQ'. =co ua.__ - -- Exhibit "C" DMG aDd PrepoIed Permit Area -l-l-C.- Crou-Sedlea Ceaterllae -1-1-1- Overlaad Powerllae Roadway II II II Feace . - - -- - lIdS ..>K Greg LBMckI And AssOOatee BABE~ae. - .... ~ ICAI& RIddea V..,. ..... __ClM -- Map F hl....tlo. PIn - ......00 ..... I......~. ..