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Home My WebLink About938439 MEMORANDUM OF LEASE LANCASTER DRY CREEK PIT 00061.9 The EFFECTIVE DATE of this Memorandum of Lease is April 17, 2007. The PARTIES to this Memorandum of Lease are: A. VERNON & ANN LANCASTER, husband and wife, (the "Owner"); and ) B. KILROY, LLC, a Wyoming limited liability company, ("Tenant"). The PURPOSE if this Memorandum of Lease is to provide notice to the world that the Parties are bound under the terms of a certain Lease Agreement, as amended to date (the "Lease") for land and improvement owned by Owner located in Lincoln County, Wyoming described on Exhibit A (the "Property"). The ESSENTIAL TERMS ofthe Lease can be summarized as follows; A. The Term of the Lease commenced on April 17, 2007 (the "Effective Date") and shall expire, unless renewed, five (5) years following the Effective Date. B. Tenant shall have a minimum of one (1) five (5) year option to renew and extend the term of the Lease. C. Tenant has no right of first offer or purchase options for the Property. D. Owner has the right to terminate any tenancy on certain conditions. E. This Memorandum is a summary only, and for more information, reference should be made to the terms of the Lease between the Parties that shall be constmed and enforced in accordance with the laws of the State of Wyoming. IN "WITNESS -WHEREOF, the Patiies have placed their hand and seal to this Memorandum of Lease effective as of April 17, 2007. RECEIVED 4/23/2008 at 9:11 AM RECEIVING # 938439 BOOK: 692 PAGE: 619 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY LANDLORD: VERNON LANCASTER & ANN LANCASTER LL~~~ Vernon Lancaste /") ./ -/ ,/,1'. ~/ ~ i(, Ij,/}/I ,·7ì"'1·1/~(£?ed ¿%..¿; L·J. ,C../ c.'" 1/ .,' .' Ann Lancaster TENANT: 000620 KILROY, LLC By: Billie Kilroy, Operating Manage STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) This Memorandum of Lease was acknowledged before me on the 1~ _ day Of~, 2008, by Vernon Lancaster and Ann Lancaster. STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) This Memorandum of Lease was acknowledged before me on the ~ day Of~, 2008, by Billie Kilroy, Operating Manager of Kilroy, LLC. --11-,. ^D.V\L) ~, r.nn " ~~c ~ . ::(ç>~;~::,' .¡ ó" 1¡: _,,",,);i:'· ~~(:: c:~~~~;;~~) th" ",,; 11,.... ."r.;f.) j'\J.'>j "1,. 6'. 0000""," '\'." \~, ~'ì.1 If of '.¡" <5:/ '~~~~~ø,~;~:''5~- 000 Department of Environmental Quality Dave Freudenthal, Governor To proted, conserve and enhance the quality of Wyomíng's environment for the benefit of current and future generations. John Corra, Director . April 17, 2007 Mr. Kevin Kilroy Operations Manager Kilroy, LLC PO Box 729 Afton, V,lY 83110 I- .' "_'" ,-. i\ ~\{~~i~-D~'';'''''<_'T Permit No. CT-4574 Dear Mr. Kilroy: The Division of Air Quality of the Wyoming Department of Environmental Quality has completed final review of Kilroy, LLC's appl ¡cation to construct a J 0 acre sand and gravel pit, known as the Lancaster Dry Creek Pit, that wiJ! include crushing, screening, stockpiling capabilities and hot mix plant capabilities. The pit wi!! be located in the NWl/4 SWl/4 of Section i, T31N, RlI8W, approximately J miles south of /I.fton, in Lincoln County, Wyoming. Following this agency's proposed approval of the request as published March 15,2007 and in accordance with Chapter 6, Section 2(m) of the Wyoming Air Quality Stand8.rds and ReguJations, the public was afforded a 30-day period in which to submit comments concerning the prOposed new sourcè, and an opportunity for a public hearing. No comments have been received. Therefore, on the basis of the info/1Tlation provided to us, approvaJ to construct the Lancaster Dry Creek Pit as described in the application is hereby granted pursuant to Chapter 6; Section 2 of the regulations with the following cond itions: 1. That authorized representatives of the Division of Air Quality be given permission to enter and inspect any property, premise or place on or a.t which an air pollution source is located or is being constructed or instaIJed for the purpose of investigating actual or potential sources of air pollution and for determining compliance or non-compliance with any rules, standards, permits or orders. 2. That all substantive commitments and descriptions set forth in the application for this pemit, unless superseded by a specific condition of this permit, are incorporated herein by this reference and are enforceable as conditIons of this perrnít. 3. AI] notitïcations, reports and correspondence required by this permit shall be submitted to the Stationary Source Compliance Program Manager, Air Quality Division, 122 West 25111 Street, Cheyenne, V,ry 82002 and a copy shall be submitted to the District Engineer, Air Quality DivÌsiol1, 510 Meadowview Drive, Lander, WY 82520. 4. The owner or operator shall furnish the Administrator written notification of: (i) the anticipated date of initial startup not more than 60 days or less than 30 days prior to such date, and; (ii) the actual date of initial start-up within 15 days after such date in accordance with Chapter 6, Section 2(i) of the WAQSR. ADMIN/our;:¡EACH (307) 777 -7937 FAX 7n -3510 Herschler Building '122 West 25th Street . Cheyenne, WY 82002 . http://deq.stale.wy.us AðANDONED MINES AIR QUALITY INDUSTRIAL SITING LAND QUALITY sOLla " HAZ. WASTE WATER QUALITY (307) 7ï7-ô145 (307) 777-7391 (307) 777-7369 (307) 7ï7·7ì56 (307) 7ï7-ìì52 (307) 777-7781 FÞ.X 777-6462 FAX 777-5616 Fi\X 777-5973 FAX 777-5864 FAX 777-5973 FAX 777.5973 a'..· ...... ". '. '. ! '1:-;1"': - .!...:' - C~,)U¡=; L ~:'1 : ,"'::"~ r ¡-':UI'I : t',.L LI'-':U..,' LLC' ~r'7or::r5ø6Øl TD: 8:=:5453::. F'.Y~ Air Quality Permit CT-4574 Kilroy, LLC Page 2 000622 5. The date of commencement of construction shall be reported to the Administrator within 30 days of sllch date. The pemit shall become invalid if construction or modification is not commenced within 24 months of the date of permit issuance or if construction is discontinUi~d for a period of 24 months or mOre in accordance with Chapter ó, Section 2(h) of the WAQSR. The Administrator may extend such time period(s) upon a satisfactory showing that an extension IS justified, 6. That all unpaved portions of the haul route to State Highway 241 shall be treated with water and/or chemical dust suppressants on a schedule sufficient to control fugitive dust from vehicular traffic and wind erosion. Î. That all work areas, disturbed areas, and stockpiles shall be treated with water and/or chemical dust suppressants on a schedule sufficient to control fugitive dust. 8. That any hot mix plant and crushing/screening equipment shall have separate valid air quality pemlit(s) prior to locating/operating at this site. 9. That any crushing/screening equipment operated at this site shall utilize water spray control measures at all belt transfer points, shaker screens, and discharge points of the primary and secondary crushers as necessary to Jìmit visible emissions to twenty (20) percent opacity or applicab1e limits set forth by Wyoming Air Quality Standards and Regu¡ations, Chapter 5, Section 2, Subpart 000, as determined by 40 CFRj Part 60, Appendix A, Method 9. It must be noteà that this approval does not reljeve you of your obligr.tion to comply with alt applicable county, state, and federal standards, regulations or ordinances. Special attention must be given to Chapter 6, Section 2 of the Wyoming Air Qua! ity Standards and Regulations, which details the requirements for conditions 3, 4 and 5. Any appeal of this permit as a final action of the Department must be made to the Environmental Quality Council within sixty (60) days of permit issuance per Section 16, Chapter I, General Rules ofPmctice and Procedure, Department of Environmental Quality. I If we may be' of further assistance to you, please feel free to contact this office. Sincerely, C~· '-. Greg Meeker .~/~/~ John V. COITa /'. Director Dept. of Environmental Quality ~ David A. Finley / Administrator Air Quality Division ,/