HomeMy WebLinkAbout1.0 ApplicationDate:
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APPLICATION
SPECIAL/
June 17, 1991
Applicant: GUeAtvrn S.2ope Agytegctt_es
Address of Applicant: Post 044ice Box 910, Caitbondafe, Coto/Lado 81623
Special/Conditional Use: Special Use
Legal Description:
see attached
Practical Description (location with respect to highways, county
roads, and residences): North of Hwy 82 accross from
the Ranch at Roaring Fork
Requirements:
1. Plans and specifications for proposed use (hours of
operation, no. of vehicles/day, location and size of
structures, etc.).
2. Existing or proposed method of sewage, source of disposal
and water. Road access and other information deemed
necessary to explain proposed use.
3. A vicinity map drawn to scale depicting the subject
property, location, and use of building and structures on
adjacent lots.
4. An impact statement on the proposed use where required by
Sections 5.03-5.03.12 of Zoning Regulations.
5. A copy of Assessor's map showing property; and a listing
of all adjoining property owners of said property.
6. A base fee of $ /30.00 shall be charged for each
application and shall be submitted with the application,
additional charges may be imposed if County review costs
exceed the base fee.
7. Attach a copy of proof of ownership for your property
(deed, title insurance).
If public notice is required, notice provided by the Planning
Department shall be sent out at least five (5) days prior to
hearing by return -receipt mail to all the above noted adjoining
property owners. Mailing is the applicant's responsibility and
proof of mailing must be presented at the hearing. Additionally,
the same notice shall be published one (1) time in the official
County newspaper at least fifteen (15) days prior to such hearing
date. Applicant shall bear the cost of publication and be
responsible for presenting the "Proof of Publication" at the
hearing.
The above information is correct to the best of my knowledge.
/2
Applicant
IY June 17, 1991
Pate Date
Pate1
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land design
partnership
June 17, 1991
Mr. Mark Bean
Planning Director
Garfield County Planning Department
109 8th Street
Glenwood Springs, CO 81601
Re: Special Use Permit Application
Blue/Western Slope Aggregate Mine
Dear Mark:
On behalf of Dee and Jean Blue and Western Slope Aggregate I offer the
attached application form, application fee in the amount of $400 and
supplemental information and plans in compliance with the requirements for a
request for the issuance of a special use permit in the
Agriculture/Residential Zone District. If approved, the requested permit
would supercede the existing permit for the site (Garfield County Resolution
No. 81-384).
If you require additional information or copies of the submitted information
please give me a call.
Sincerely,
/771,61•!6> --
Ronald B. Liston
P.O. Box 517 • Glenwood Springs, Colorado 81602
918 Cooper Avenue
(303) 945-2246
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6400
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BLUE/WESTERN SLOPE AGGREGATE MINE
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VICINITY MAP
7200
BLUE/WESTERN SLOPE AGGREGATE MINE
SPECIAL USE PERMIT APPLICATION
JUNE 17, 1991
INTRODUCTION
This special use permit application, in essence, represents a request for the
modification of an existing permit issued in the name of Jean and Dee Blue and
Zemlock and Sons,Inc. (Garfield County Resolution No. 81-384). The permit was
issued in December of 1981 and considerable mining activity has been conducted
at the site since that time. The following State of Colorado permits have
also been issued for the site: Development and Extractioin Minimg Permit, No.
M-81-207 from the Colorado Mined Land Reclamation Board and a Colorado
Emission Permit No. 83GA233F from the Air Pollution Control Division of the
Colorado Departmnet of Health. The general character and nature of the
proposed gravel mining operation shall remain the same as in the existing
permits. The applicant, Jean and Dee Blue and Western Aggregates,Inc., are
requesting the following which represent revisions or additions to the present
special use permit:
1. Access: Presently, access to the permit is via County Roads 103
and 104. This application represents to continue this access route
until HWY 82 improvements make it possible to construct a new drive
from the ridge on the south side of the mining site following the
alignment of the existing ranch road. This new drive would intersect
with Highway 82 at the Ranch at Roaring Fork intersection. The
proposed access would not be utilized until the four-laning of Hwy. 82
has been completed by the Colorado Division of Highways. The grade of
the drive will not exceed five percent with grades of four percent or
less at the approaches to Hwy. 82. The improved grade will be
achieved by filling on the existing ranch road alignment and extending
the grade to the east along the base of the slope. Very little
disturbance will occurr above the existing cut slopes. Much of the
area below the ranch road will already have been disturbed by the
highway improvements.
A new crossing of the Basin Ditch will be required. The applicant
will review these plans with the Basin Ditch owners group in the near
furture. The applicant is prepared to take appropriate precautions to
assure the ditch owners there will be no loss of water or increased
maintenance as a result of the relocated crossing.
The disturbed areas will be revegetated with native grasses, shrubs
and trees immediately upon completion of the new access construction.
Cut and fill slopes will be 2:1 or flatter to promote the
establishment of vegetaion and to blend into the surrounding terrain.
• 1
2. Concrete Batch Plant: A concrete batching plant is requested for
inclusion in the operational provisions of the permit. The batching
plant will be located such that it will not be visible from Hwy. 82 or
the Ranch at Roaring Fork. The proposed operator of the batching
plant, Dick Casey Concrete, Inc. has an existing Colorado Department
of Health Emisions Permnit specifying the limitations on fugitive
emissions. Concrete truck traffic is projected to average 20 to 40
trips per day.
3. Mining Operations Plan: Minor changes in the sequence of mining
activities are proposed. The concrete batching plant, gravel crushing
and stockpiling will initially be set up centrally on the mining site.
Phase I mining will proceed toward the east to the limits of the site.
The batching and processing facilities would be moved to the easterly
part of the site and mining operations would reverse and move toward
the west during Phase II. The crushing facilities may be moved from
time to time to keep them in close proximity to the mining face. The
Phase I and Phase II Operation Plans portray the approximate sequence
of mining activity. Overburden and topsoil will be stockpiled
primarily on the northerly portions of the site. During some of the
later phases of the mining operation these stockpiles may serve to
visually screen the site from present and future residences located a
half mile or more to the northwest of the site. The existing topsoil
stockpile located on the south side of the site will be moved within
twelve months such that the stockpile will not be visible from the
Ranch at Roaring Fork.
The proposed new permit provisions offer the following benefits to the County,
the general public and the applicants:
New Access Road:
1. Truck traffic will be removed from County Roads 103 & 104.
This will remove the conflict of truck traffic with the
growing residential traffic on County Road 103 increasing
saftey for the public. Long term maintenance requirements on
these roads should be reduced.
2. The new route will reduce the trip time by ten to twelve
minutes over the present access. This will save fuel and
improve trucking efficiency. This is of course beneficial to
the applicant but it is, ultimately, also a benefit to the
public.
3. The new intersection at the Ranch at Roaring Fork will be
a safe point of access for truck traffic with four traffic
lanes and acceleration and deceleration lanes.
4. The proposed access drive will provide a logical and
efficient access to Jean and Dee Blue's property as may be
needed for other land uses that might occur at some time in
the future.
Concrete Batching Plant:
1. The proposed batching plant will not increase the amount
of concrete sold in the valley but it will create greater
competion which should benefit the general public. Concrete
truck traffic on Hwy. 82 will not be increased, only the color
of the trucks will change!!
2. This batching operation will, with the proposed access, be
easily accessable to Hwy. 82 but it will not be visible except
to a limited number of existing and future residents northwest
of the site.
Mining Operations:
The proposed revisions to the sequence of mining should not
impact the County or the public.
Mining Operational Crirteria
1. All mining operations will be contained within the boundaries of
the site as defined by the meets and bounds description attached with
this application.
2. The hours of extractive operations shall be limited to 7:00 a.m.
to 5:00 p.m. daily.
3. Upon completion of the proposed access drive, all use of County
Roads 103 and 104 for access to the mining site will be terminated.
4. Dust conditions on the new access drive will be controlled through
frequent water applications, the use of magnesium chloride or other
chemicals effective in the suppression of dust.
5. Water shall be used as a dust suppresant in the pit area and
applied in a frequency and manner sufficient to mitigate any adverse
impact from dust.
6. The use of "Jake Brakes" will not be allowed on the new access
road.
IMPACTS OF THE PROPOSED REVISIONS
1. Truck traffic will be accelerating and decelerating in the
vicinity of the Ranch at Roaring Fork, introducing some additional
noise in the area. The impact of this noise is difficult to quantify
when considered in context with the existing noise levels of an
arterial highway with the traffic volumes experienced by Hwy 82. The
proposed restriction on the use of "Jake Brakes" on the access road
will reduce the noise level of trucks exiting the pit site.
2. The increased traffic at the Ranch at Roaring Fork intersection
may raise questions of saftey. But in light of the future
improvements to 82 including acceleration and deceleration lanes, this
intersection would seem to be safer for heavy truck traffic than
County Road 103 and its lower quality intersection with 82.
3. The concrete batching plant will have minimal impact on the area.
The facility may be seen by some residents to the northwest but this
will be minimized as the operation moves into the excavated areas of
the pit site. The plant will be equiped with dust conctainment
devices as required by the State Emission Permit.
4. Noise from the rock crushing operation should have little impact
due to surrounding terrain and very simply, by the distances
separating the site from area residents. Also, the new designs in
crushing equipment has reduced the decible level of the equipment.
WATER
There are no active, natural streams heading on or running across the project
area. The Basin Ditch and a feeder ditch therefrom cross the project and
irrigate lands within the project boundary. The mining and reclamation plans
incorporate provisions for maintaining uninterrupted flows in these ditches.
The hydrologic characteristics of the reclaimed area following mining will be
very similar to those existing today in that surface drainage is now and will
remain tributary to the Roaring Fork River.
Plant operational water will come from the land owner's water rights in the
Basin Ditch. Water rights for the pit operation are provided for through
District Court, Water Division No. 5, Case No. 87 -CW -364. Operational water
requirements will be minimized by maximum recirculation of wash water.
Surface water percolation will be increased temporarily on the areas of active
operation, but will be restored to nearly original conditions by reclamation.
Any surface drainage collection on and being potentially contaminated by
operation areas will be collected, settled, and skimmed for floating
contamination prior to its release from the project area.
RECLAMATION PLAN
As noted in the Soil Conservation Unit Mapping Descriptions, this area has an
abundance of soil cover with which to accomplish reclamation of the area
during and folloing the mining of sand and gravel. The reclamation of mined
areas will be an ongoing process with soil cover being placed immediately on
all mined areas not needed for operations, and revegetation being accomplished
as soon thereafter for the reason of the yearly permits and warrents. This
process will minimize rehandling of cover soil and should limit open,
unreclaimed surface area to the plant and product storage area and the area in
the immediate vicinity of the working face. 12 to 18 inches of topsoil wil be
placed on relatively flat surfaces and 18 to 24 inches of topsoil will be
placed on slopes. It is anticipated that the total unreclaimed area including
plant site and active mining area should not exceed 12 acres at any one time.
The mining plan as described will create some pit slopes which will be removed
in later mining operations. These temporary slopes will be cut at 1.5/1.0 or
flatter to accommodate temporary reclamation by minimal soil cover and seeding
of Soil Conservation recommended grass mixtures and forbes of moderate to high
palatability. Final pit slopes will be left at a 2:1 horizontal to vertical
grade. These areas will be reclaimed by placement of the full recommended
depth of soil cover and revegetated with Soil Conservation recommended grass
mixtures, forbes and shrubs of moderate to high palatability. Any tree and
brush debris generated will be randomly distributed on the west, north, and
east final pit slopes to provide cover for and to encourage the propagation of
wildlife.
Reclamation of the nearly flat areas in the bottom of the pit will be
accomplished by returning the land to hayland and cropland. The following
Table illustrated the existing and post mining characteristics of the land:
DESCRIPTION ACRES
Total project area 81
Presently irrigated by surface or subsurface 19
Post mining land suitable for irrigated crops 35
Area of project to remain undisturbed 5
Post mining area of project as 2/1 slope 41
As noted above, the area availabe to gravity irrigated cropland will increase
by 16 acres as a result of this project. The wildlife refuge -winter range
slopes will increase by 41 acres. The additional irrigated cropland residue
will improve the quantity and quality of wildlife winter range.
SOIL CONSERVATION SERVICE
MAP UNIT DESCRIPTIONS AND VEGETATION
70 C Unnamed silt laom, 1 to 6 % slopes, subsurface -silty clay loam. Deep (4
to 10 Ft.) well drained soil from loess -influenced redbed parent materials and
alluvium. Permeability moderate. Effective rooting depth 30 to 40 inches.
Surface run-off slow -erosion hazard is slight. Soil used for cropland and
hayland. Some area above irrigation dryland pasture.
57 C Surface sandy -loam, stony sandy loam, subsurface gravelly sandy loam,
sand and gravel. Rapid permeability. Parent material, sand, gravel and
alluvium. Vegetation cottonwood and willows adjacent to irrigation ditches,
otherwise sparce to moderate, medium to small juniper and pinion with low
sage, sparce grass and cactus.
69 C Yamac loam 6 to 12 % slopes. Surface and subsurface loam and light clay
loam. Moderate permeability. Has high gypsum content and subject to piping
and failure. Parent material redbeds and Paradox Formation gypsum and shales.
Effective rooting depth 60 inches. Vegetation native grasses, forbes and
woody shrubs.
X 11 C Atencio-Azeltine complex 3 to 6 % slopes. Surface, sandy loam,
subsurface gravelly loam. Moderate to rapid permeability. Effective rooting
depth 20 to 30 inches. Parent materials sand and gravel and outwash alluvium
from redbeds. Vegetation, pasture grasses, subirrigated from irrigation and
ditches above.
SOIL CONSERVATION SERVICE MAP
frr
PROPERTY DESCRIPTION - PROJECT SITE
The following described lands in Section 25, T 7 S, R 88 W, 6PM.
Those portions of Lot's 8, 9, 10, 15, and 16 of Section 25 lying in the south
1/2 of the south 1/2 of Section 25, excepting any part of said lots lying
within the parcel of land described in the Quit Claim Deed document number
288920, Book 516, Page 393.
Also excepting any part of said lots lying southerly of a line described as
follows:
Beginning at a point (a) whence the southeast corner of said Section 25 bears
S 15 37 16 E 689.73 feet, thence along said
line S 86 41 ' 10 " W 222.04 feet to point (b), thence
S 77 49 ' 15 " W 241.15 feet to point (c), thence
S 58 35 ' 39 " W 196.83 feet to point (d), thence
S 82 47 ' 16 " W 139.84 feet to point (e), thence
S 66 27 ' 16 " W 160.91 feet to point (f),thence
S 84 17 ' 51 " W 142.83 feet to point (g), thence
S 89 18 ' 48 " W 234.26 feet to point (h), thence
N 83 41 ' 39 " W 212.85 feet to point (i), thence
N 83 25 ' 13 " W 201.00 feet to point (j), thence
N 89 21 ' 34 " W 275.22 feet to point (k), thence
S 83 12 ' 09 " W 277.76 feet to point (1), thence
S 86 49 ' 41 " W 152.50 feet to point (m), thence
S 82 33 ' 44 " W 92.10 feet to point (n), thence
S 64 02 ' 54 " W 51.85 feet to point (o), thence
N 86 53 ' 54 " W 202.60 feet to point (p), thence
N 89 17 ' 53 " W 158.11 feet to point (q), thence
N 76 53 ' 30 " W 116.89 feet to point (r), thence
N 85 56 ' 30 " W 122.09 feet to point (s), thence
N 88 53 ' 59 " W 168.53 feet to point (t), thence
N 86 13 ' 30 " W 188.50 feet to point (u), which is the end
point on said line.
O
COLORADO DEPARTMENT OF HEALTH
Air Pollution Control Division '' 18 76 Telephone: (303) 331-8511
EMISSION PERMIT
PERMIT NO. 83GA233F
DATE ISSUED: August 13, 1987
ISSUED TO: SUNNYSIDE GRAVEL
(Formerly issued to Mobile Premix Company)
INITIAL APPROVAL ❑
FINAL APPROVAL
TRANSFER OF OWNERSHIP
THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS:
Sand and gravel production located at 0406 104 Road,
Carbondale, Garfield County, Colorado.
THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING:
(
Sand and gravel operation and associated activities to
include topsoil/overburden removal and storage, aggregate
removal, -transfer, and storage, and vehicle haul road
traffic.` Production of up to 250,000 tons of sand and
gravel per year.
THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR
QUALITY CONTROL COMMISSION AND THE COLORADO AIR QUALITY CONTROL ACT C.R.S.
(25-7-101 et se , TO THOSE GENERAL TERMS AND CONDITIONS SET FORTH ON THE REVERSE
SIDE OF THTC DOCUMENT AND THE FOL!OWING SPECIFIC TERMS AND CONDTTTONS:
1. The Etwitive Particulate Emission Control Measures listed on the •
attached page (as proposed in the Fugitive Particulate Emission
Control Plan submitted to the Division) shall be applied to the
fugitive particulate emission producing sources as required by
Regulation No.1.
2. Emissions of air pollutants shall not exceed the following
limitations (as calculated in the Division's preliminary analysis):
Particulate Matter: 90.1 lbs./hour and 55.0 tons/year.
-- continued --
GENERAL TERMS AND CONDITIONS: (IMPORTANT! READ ITEMS 6, 7, and 8)
1. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant
and is conditioned upon conduction of the activity, or construction, installation and operation of the source, in
accordance with this information and with representations made by the applicant or applicant's agents. It is valid
only for the equipment and operations or activity specifically identified on the permit.
2. Unless specifically stated otherwise, the general and specific conditions contained in this permit have been deter-
mined by the APCD to be necessary to assure compliance with the provisions of C.R.S. 1973, 25-7-114(4)(g)
and, as such, shall be enforceable under the provisions of C.R.S. 1973, 25-7-115 after final approval of the permit
has been granted. Emission limits are imposed to ensure that emissions will not (1) interfere with reasonable
further progress toward attainment of the NAAOS for pollutants as required by C.R.S.1973, Sections 25-7-114(4XgXIXB)
and 25-7-301(1); Section 172(bX3) of the Federal Clean Air Act, 42 USC 7502 (bX3); and Section IV.D.2. of the
Air Quality Control Commission Regulation No. 3 or (2) result in an exceedance of the NAAOS for pollutants
as required by C.R.S. 1973, Sections 25-7-102, 25-7-105(1)(aXI), and 25-7-201(1)(b); Section 165(aX3) of the Clean
Air Act, 42 USC 7475(aX3); and Section IV.D.1.c. of Air Quality Control Commission Regulation No. 3.
3. Each and every condition of this permit is a material part hereof and is not severable. Any challenge to, or appeal
of, a condition hereof shall constitute a rejection of the entire permit and upon such occurrence this permit shall
be deemed denied ab initio. This permit may be revoked at any time prior to final approval by the Air P Alution
Control Division (APCD) on grounds set forth in the Colorado Air Quality Control Act and regulations of the Air
Quality Control Commission (AQCC), including failure to meet any express term or condition of the permit.
4. This permit and any required attachments must be retained and made available for inspection upon request at
the location set forth herein. With respect to a portable source which is moved to a new location, a copy of the
revised Air Pollutant Emissions Notice (APEN) (required by law to be submitted to the APCD whenever a portable
source is relocated) should be attached to this permit. The permit may be reissued to a new owner by the APCD
as provided in Section III.B. of AQCC Regulation No. 3 upon a request for transfer of ownership.
5. Ilsuance (initial approval) of an emission permit does not provide "final" authority for this activity or operation
of this source. Final approval of the permit must be secured from the APCD in writing in accordance with the
provisions of C.R.S. 1973, Section 25.7-114(4)(j) and Section IV.H. of AQCC Regulation No. 3. Final approval
cannot be granted until the operation or activity commences and has been verified by the APCD as conforming
in all respects with the conditions of the permit. If the APCD so determines, it will provide written documentation
of such final approval, which does constitute "final" authority to operate.
6. THIS PERMIT AUTOMATICALLY EXPIRES IF you (1) do not commence construction or operation within 18 months
after either the date of issuance of this •permit or the date on which such construction or activity was scheduled
to commence as set forth in the permit, whichever is later, (2) discontinue construction for a period of 18 months
or more, or (3) do not complete construction within a reasonable time of the estimated completion date. Exten-
sions of the expiration date may be granted by the APCD upon a showing of good cause by the permittee.
7. YOU MUST notify the APCD at least thirty days (fifteen days for portable sources) prior to commencement of
the permitted operation or activity. Failure to do so is a violation of C.R.S. 1973, Section 25-7-114(4)(j) and Regula-
tion No. 3., Section IV.H.1., and can result in the revocation of the permit.
8. YOU MUST obtain final approval within six months of the commencement of operation as that term is defined
by the AQCC. Failure to obtain final approval will result in the revocation of the permit.
9. Violation of the terms of a permit which has received final approval or of the provisions of the Colorado Air Quality
Control Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions
under C.R.S. 1973, Sections 25-7-115 (enforcement), 25-7-121 (injunctions), 25-7-122 (civil penalties) and 25-1-114
(criminal penalties).
AecD:e3 (REV. 101M)
SLAINYSIDE GRAVEL
EMISSION PERMIT NO. 83GA233F
7RANSFt.R OF OWNERSHIIP ON FINAL APPROVAL
FUGITIVE PARTICULATE 09N7ROL PLAN
The following Fugitive Particulate Control Measures shall be used for
enforcement purposes on the sources covered by this permit, as required
by the Air Quality Control Commission Regulation No. 1.
1. Chemical stabilizer mgC12 shall be applied to haul roads twice per
year in accordance with the manufacturer's instructions to control
fugitive particulate emissions.
2. Washed rock shall be used as a road base on haul roads and as a
carpet for aciti ve pit areas.
3. On-site vehicle speed shall not exceed 25 miles per hour, and speed
limit shall be posted.
4. Berms shall be used to control fugitive particulate emissions.
5. Spray bars shall be installed and operated on conveyors to minimize
fugitive particulate emissions.
6. (Haul vehicle loads shall be restricted to the design capacity of the
vehicle.
7. Johnson -March compound MR shall be used as a stabilizer for
conveying.
8. Traffic around tailings and stockpiles shall be restricted.
9. Revegetation of disturbed areas shall be completed in accordance
with annual report map to Mined Land Reclamation Board.
10. Carryout of mud and dirt onto improved streets and roadways shall be
prevented or cleaned up at the end of each day.
SUNNI/SIDE GRAVEL
(Formerly issued to Mobile Premix Company)
EMISSION PERMIT NO. 83GA233F
Transfer of Ownership on Final Approval
Page 2.
3. This source shall be limited to a maximum production rate as listed
below and all other activities, operational rates and numbers of
equipment as stated in the application. Annual records of the actual
production rate shall be maintained by the applicant and made available
to the Division for inspection upon request.
Production of sand and gravel shall not exceed 250,000 tons/year.
4. This permit covers mining activities only. Any- process equipment (ie,
crushers, screens, etc.) to be used at this site must be separately
permitted by the Division.
By:
t
Permit Reviewer
Nick Melliadis
(PD-83/dp)
421
By:
es S. Geier, P.E., Chief
New Source Review Section
Stationary Sources Program
Air Pollution Control Division
DEPARTMENT OF NATURAL PESOURCES
0. Monte P3ICoe, :.ecut.ve O,rec;or
.'dA i..,.•-..
MINED LAND RECUtiI-a'TION
423 Centennial Building,1313 Sherman Street
Oenver, Colorado 80203 Tal. (303) 839-3567
David C. Shelton
Director
MINING PERM I T - ,M I NCRALS OTHER THAN COAL
Permit date March 8
(anniversary :ate for AnnuallQ_ 82 Perini: No. 81-207
Report 3rd Fee purposes)
THIS PERMIT is issued by the Mined Land Reclamation
Board, Department of Natural Resources, State of Colorado.
A. Zemlock 6 Sons, Inc.
("operator") desires
to conguct a mining operation known as
For thepurpose131tte pir
•of extracting sand &
gravel
8. On December 16 198 1
Board ("tc board" the Mined Land Reclamation
approved operator's application for this
permit, fixed the amount of bond and directed that this permit
be issued upon the filing with the Mined Land Reclamation Division
("the division") of bond in the amount so fixed in form and substance
approved by the division, and such bond has been so furnished.
C. On December 16
findings:
'c i
•
RECITALS
198 1 , the board made the following
1. the application for this permit complies with the
requirements of the Colorado Mined Land Reclamation
Act,C.R.S. 1973, 34-32-101 11 _111. as amended ("the
Act") and with all applicable local, state and federal
laws;
2. the operation will not adversely affect the stabilit
of any significant, valuable, and y
ade
structure located within two hundredrfeetnofmthemaffected
ii' j land, except where there is an agreement between oper-
ator and the persons having an interest in the struc-
ture that damage to the structure is to be compensated
fcr by operator; and
3. the proposed mining and reclamation operations can be
car,ri;ed out in conformance with the requirements of
the' Act.
D. Operator has made a showing satisfactory to the board:
(1) that it will employ, during and after is
mining and surface operationss underground
to minimize, as much as practicabl, proceduresi reasonably disturb-
ance ance from such operation; (2)• environmental fircurb-
,raclamaticn of the affect.d that it will provide for
'quant beneficial use of such llands; ands appropriate that, to the these -
avant of the failure of its (3) in the
will take whateveriproposed reclamation plan, .it
successa of reclamation
l measures may be necessary to assure the
tions in accordancetwithfCtne5la;ds affected by such opera -
913, 34-32-101 et seg.
Rev. 7/7/81
•
E. A copy of the operator's application, as amended and
supplemented, has been approved by the board and is by this
reference• incorporated herein.
GRANT, CONDITIONS AND AGREEMENTS
The board, in reliance upon the representations and
promises made in such application, as amended and supple-
menteld, hereby. issues a life of the mine permit to operator,
to engage in the operations described in the application on
the following lands lying in the County of Garfield
State of Colorado:
S1; Sec. 25; and the N1; Sec. 36; T7S; R88W; 6th P.M.
This permit is issued subject to the following condi-
tions and agreements:
i
1. Operator agrees to be bound by all lawful requirements
of the Act and all lawful rules and regulations of the
Mined Land Reclamation Board, as amended from time to
time.
2. Operator will file with the division its annual report
and fees on each anniversary date of this permit. Other
pertinent details as to the contents of such reports
will be submitted by the operator if requested by the
f ff division.
3. If analyses of the mining and reclamation operation and
the data col-lected through monitoring and experimentation
by the ope•ritor or monitoring by the division indicate
that the operation will not be able to comply with the
requirements of the Act and lawful rules and regulations
of the' board, operator hereby agrees to exercise its
best efforts, after consulting with the division, to
modify the plans prospectively to correct such deficiencies.
Such modifications may require technical revisions or
amendments to the permit.
This permit may be revoked or suspended for noncompliance
with the act or lawful rules or regulations promulgated
by the board.
5. a. Operator hereby bargains, sells and conveys unto
the State of Colorado the right to enter upon
the lands above described and to accomplish
thereon the reclamation of such lands as
required by this permit and by applicable law.
-2-
b. Such right to enter shall be exercisable only if
the board shall have lawfully determined:
1. that reclamation required by law to have
been performed upon such lands has not
been performed and that
fi. the surety forfeiture proceedings described
in the Act or similar provisions of subse-
quent laws, if any, have been initiated.
c. Such right to enter shall be exercisable only
within the period of time expiring twenty-one
(21) years after the death of all the individuals
whose names appear on this permit on the date
of its issuance. Such right shall automatically
expire when reclamation has been completed and
sureties released.
d. Such right to enter is in addition to other
lawful rights of the state to enter upon such
lands.
6. the additional stipulations set forth in the attached rider,
if any, are incorporated herein by reference.
// a) Rider is attached.
/Y/ b) No rider is attached.
ACCEPTED AND AGREED:
ZEMLOCK'd4SONS, INC..
By
rator
President
Title
STATE OF COLORADO
1,'
COUNTY OF GARFIELD
MINED LAND RECLAMATION BOARD
COLORADO, DEPARTMENT OF
NATURAL RESOURCES
ss.
Division Director
The foregoing instrument was acknowledged before me this
19th day of March 198 2 by martin S. Zemlock,
Sr. as —Presi en
Zemlo'ck & Sons, Inc.
My Commission expires:
8l8two. Ave.
Glenwood Springs, CO 81601
. 945
Rev. 6/9/81
operator.
Notary Pub' i
AG Alpha No. NR LR TY8
AG File No. CNR/2025/ED
-3-
s ; L, `�. ' 7
OCT 7 1991
GA HELD COUNTY
September 25, 1991
land design
partnership
Andrew McGregor
Planner
Garfield County Dept. of Regulatory Offices and Personnel
109 8th Street
Glenwood Springs, CO 81601
Re: Western Slope Aggregate Special Use Permit
Dear Andrew:
After much delay, this letter is offered in response to your letter of July 1,
1991. The following information is presented in the order of the contents of
your letter.
1. The list of adjacent property owners is attached.
2. Attached herewith is an Impact Statement as required by Section 5.03.07
3. These subjects are included in the Impact Statement.
4. Sewerage and domestic water are referred to in the Impact Statement.
5. Our plans for the new access road have been reviewed with the local office
of the Highway Department but an Access Permit will not be applied for until
there is further progress through the County review. The permitee will be
required to construct some improvements to Hwy. 82 in addition to those
already proposed by the Highway Department.
6. The construction of the proposed access road will be scheduled to match
with the completion of the improved intersection by the Highway Department.
This is anticipated in the summer or fall of 1992. The transition from Phase
I to Phase II of the on site -operations is dependent upon the market demand
for gravel and concrete. It is anticipated that it will take at least 2 to 3
years before a Phase II positioning of equipment would be initiated.
7. The issue of noise is addressed in the Impact Statement. I would note
that we have not hired consultants to measeure and document the existing or
potential noise levels. The loudest part of the pit operation has been active
most of the summer.
P.O. Box 517 • Glenwood Springs, Colorado 81602
918 Cooper Avenue
(303) 945-2246
page 2
Andrew McGregor
8. Iam presently acquiring a coppy of the decree from the State records.
9. Verbal contact with the MLRB office indicated that no revision of the
permit would be required for the batch plant. The access road might be argued
as ;requiring a permit modification but the staff person contacted at the MLRB
said that a change would not be required, in their interpretation.
I trust, with this and the attached information that the review process may
proceed. Give me a call if you have additional questions.
Ronald B. Liston
6
WESTERN SLOPE AGGREGATES
SPECIAL USE PERMIT FOR A
GRAVEL MINING & CONCRETE BATCHING OPERATION
IMPACT STATEMENT
9/25/91
This impact report is offerred as a supplement to the previously submitted
special use permit application. The report responds to the subjects and
issues identified in Section 5.03.07 - Impact Report and Section 5.03.08 -
Industrial Performance Standards.
INTRODUCTION
The site which is the subject bf this report is presently occuppied by a
gravel mining and crushing operation which was permitted in 1981 (Garfield
County Resolution No. 81-384). This special use permit application requests
the addition of a concrete batching operation and a change in the access route
to the mining site. The operational plan has been brought up to date but the
remaining aspects -of the proposed operation will remain consistent with the
presently in force special use permit. A more detailed explanation of the
proposed revisions and additions is included in the text accompanying the
permit application and will not be repeated here. This report intends to
describe any possible impacts of the operation and, where appropriate, to
discuss mitigation measures.
GOVERNING LAWS AND REGULATIONS
The operations at the site will fall under the jurisdiction of the Colorado
Mined Land Reclamation Board (MLRB) and the Colorado Department of Health.
The existing MLRB operations permit for the site has been transferred into the
name of Western Slope Aggregates. The pit is presently in operation under the
provisions of Permit No. M-81-207, Revision No. SO -02.
The Air Pollution Control Division of the Colorado Department of Health has
issued an Emission Permit for the site, Permit No. 83GA233F. This permit is
presently in the process of being transferred to Western Slope Aggregates.
Casey Concrete, which will operate the concrete batching plant has an Emission
permit for its operation near Rifle. An application will be made by Casey
Concrete to the Air Pollution Control Division to either transfer the permit
to the new site or to issue a new permit.
1
SURFACE/SUBSURFACE WATER
There are no active, natural streams heading onto or running across the
project area. The Basin Ditch and a feeder ditch therefrom cross the project
and irrigate lands within the project boundary. The Basin Ditch is located on
the south edge of the pit site and continues on to serve downstream users.
The Basin Ditch is impacted only in the area that is already scheduleed for
realingment as part of the Highway 82 improvements. The mining and
reclamation plans incorporate provisions for maintaining uninterrupted flows
in these ditches.
The hydrologic characteristics of the reclaimed area following mining will be
very similar to those existing today in that surface drainage is now and will
remain tributary to the Roaring Fork River either by surface flow or entry
into the water table.
Plant operational water will come from the land owner's water rights in the
Basin Ditch. Water rights for the pit operation are provided for through
District Court, Water Division No. 5, Case No. 87 -CW -364. Operational water
requirements will be minimized by maximum recirculation of wastewater.
Surface water percolation will be increased temporarily on the areas of active
operation, but will be restored to nearly original conditions by reclamation.
Any surface drainage potentially contaminated in the operation areas, will be
collected, settled, and skimmed for floating contamination prior to its
release from the project area. The topographic character of the pit site
directs all surface drainage from potentially disturbed areas back into the
pit.
EMISSIONS
The proposed operations are potential sources of dust, noise and vibration.
The previously discussed Emission Permit requires certain procedures and
equipment to restrict the release of fugitive dust or other air pollution from
either the minimg operation or the concrete batching operation. The most
intense source of dust is from vehicular traffic at the pit site and on the
proposed access road. The frequenct application of water will control dust at
the pit site. The access road will be treated with magnesium chloride or
similar dust suppressant to control dust.
The pit site is surrounded by considerable acreage owned by the Applicant,
except east of the site where the Carbondale Landfill is located. This
provides a significant buffer area over which any arrant dust may disipate.
This buffer is also significant in reducing any impacts that noise or
vibration might have on adjacent properties. The apparent closest residents
are located at the Ranch at Roaring Fork. The vibrations generated by the
rock crusher or dozer activities do not appear to be detectable at the
property boundaries (Hwy 82).
2
No audio measurements have been taken at the site, but noise generated at the
site do not seem to approach the maximum levels allowed at the site boundaries
by Section 5.03.08 (2) of the Garfield County Zoning Code. Any sound reaching
the Ranch at Roaring Fork from the pit site would be of a very low decible
level and will be masked by the noise created by traffic on Highway 82.
Another potential noise source are the trucks transporting gravel and concrete
from the site. The most intense source of truck noise is created by "jake"
brakes during deceleration. The use of "jake" brakes will not be allowed on
the proposed access road. Accelerating trucks will generate noise in both
directions from the Ranch at Roaring Fork intersection. Much of the truck
traffic generated by the existing, permitted operation passes the entire
length of the Ranch at Roaring Fork, often still accelerating. It is a
subjective determination whether the altered point of access appreciablely
heightens the offensiveness of the existing, continuous high levels of noise
generated by the traffic on Highway 82.
WILDLIFE
The majority of the mine site has historically been in agricultural
production. This proposal does not alter the area of distrubance created by
the mining operation as defined by the existing special use permit.
Reclamation of the site will result in slopes that will develop a climax
vegetation dominated by sage and will provide quality forage for deer. The
small area at the bottom of the mine site is anticipated to be returned to
agricultural uses.
The proposed new access will not disturb the slope facing Highway 82 beyond
the scar created by the existing ranch access road. All disturbed areas
remaining after construction of the proposed access will be topsoiled and
revegetated. The upper portion of the proposed access road is incorporated
into the disturbed area generated by the highway construction.
On August 5th Rick Adams, Officer with the Division of Wildlife, was meet at
the site and provided with a verbal description of the proposed modifications
of the special use permit. It is anticipated that Mr. Adams will address a
letter to the County with his comments regarding the application following the
County's standard referral of the application to the Division of Wildlife.
TRAFFIC IMPACTS
Presently, access to the pit site for all traffic is provided via County Roads
103 and 104. The proposed access will remove all pit traffic from these
county roads and provide a much more direct and safer route to Highway 82.
Elapsed time for truck trips will be reduced by approximately twelve minutes
by the proposed road with a reduction in fuel consumption and exhaust
emissions. The long term detrimental impacts of the truck traffic on the
structural and surface conditions of the county roads will also be eliminated.
3
The proposed access road will remove the requirement for a frontage road
running west from the Ranch at Roaring Fork intersection which is presently
proposed by the Highway Department to provide access to the existing ranch
road. The proposed alignment will result in a much more efficient design of
the ranch road/ frontage road alignment.
The removal of truck traffic from county roads 103 & 104 will make these roads
safer for the local residential, agricultural and school bus traffic. The
truck traffic will enter the Highway 82 traffic flow at a newly channelized
intersection at the Ranch at Roaring Fork. The proposed Highway Department
improvements of Hwy. 82 will provide extensive acceleration/deceleration
channelization at this location. In addition, the applicant will be required
to provide additional deceleration and acceleration lanes according to the
Highway Department requirements and standards for this type of truck traffic.
There will not be a significant change in the actual traffic on Hwy. 82
resulting from the new access or from the batching plant. Concrete truck
traffic generated by the proposed plant passing the Ranch at Roaring for will
simply replace the trucks of other concrete batch plants located further down
valley. The proposed batching plant will not increase the net amount of
concrete sold in the valley.
The pit and batching plant operators project the following traffic volumes
originating at the pit site. The balance of traffic flow, up or down valley,
from the intersection will vary from year to year depending on market
activity.
VEHICLE TYPE AVERAGE DAY PEAK DAY AVERAGE DAY PEAK DAY
SUMMER WINTER
Gravel Truck 80 150 20 24
Concrete Truck 24 30 4 10
Misc. Autos 10 10 4 4
& Trucks
TOTAL 114 190
28 38
The proposed access has been reviewed with the local Highway Department
project engineer for the Hwy 82 improvements. A formal response will probably
not be available until the County makes its standard application referral to
the-iighway Department. It is anticipated that the proposed access to Hwy. 82
will result in a net improvement in traffic saftey for the residents of
Garfield County.
4
DOMESTIC WATER AND WASTEWATER
The primary factor influencing water and wastewater services on the site are
the number of emplyees located on site. The operators project a range of 3
to 5 employees to be located at the pit site. Prsently and in the near
future, domestic water will be hauled to the site and restroom facilities will
be provided with portable toilets. In the future, if activity warrants, the
existing well will provide domestic water while wastewater will be processed
by a standard Individual Septic Disposal System. Restroom facilities will be
located in the administrative operations building.
A equipment maintenance building is located near the scale. This building
will require relocation within the pit site during Phase II.
5
Western Slope Aggregate
James and Ann Wells
0146 Surry
Carbondale, Colorado
Sarah DeWolfe
0166 Surrey Street
Carbondale, Colorado
Mark W. Mace
81623 311 Aspen Airport Business Center
Aspen, Colorado 81611
Charles S. Rushmer
81623 10 Boulder Crescent, //102E
Colorado Springs, Colorado
Anne Holden
0188 Surrey Street
Carbondale, Colorado 81623
Anne W. Burrows and James T. Jesse
505 North 5th
Aspen, Colorado 81611
Harold and Phyllis Smith
0230 Surrey Street
Carbondale, Colorado 81623
George W. Hunter
345 West Wooden Road
Colorado Springs, Colorado 80919
Kenneth and Mary Hobgood
0264 Surrey Street
Carbondale, Colorado 8162.3
William and Mary Laemmel
0280 Surrey Street
Carbondale, Colorado 81623
James B. Leeling
Post Office Box 1125
Carbondale, Colorado 81623
K and E Development Company
Attn: John Elder
5821 North Grand Boulevard
Oklahoma City, Oklahoma 73118
Benny King and Lanet Conover
10 Boulder Cresent, //101
Colorado Springs, Colorado 80903
Michael Kornafel
15115 Minerva Avenue
Dolton, Illinois 60419
P.O. Box 970 • Carbondale, Colorado 81623 • (303) 963-9424
80903
Western Slope Aggregate
Jean and Dee Blue
0406 104 Road
Carbondale, Colorado 81623
Harold Blue
4003 100 Road
Carbondale, Colorado 8162.3
Glen Harris and Susan Harris
0323 Road 104
Carbondale, Colorado 81623
Charles & Margeret Harris
0323 Road 104
Carbondale, Colorado 81623
Edward Collum and Cynthia Chardonnay
Post Office Box 703
Basalt, Colorado 81621
Sheldon Gross
Post Office Box 1037
Carbondale, Colorado 81623
Stephen A. Heater
131 Midland Avenue
Aspen, Colorado 81611
Phillip and Sally Miller
0500 102 Road
Carbondale, Colorado 81623
Gregory and Brenda Peters
1441 Quince Avenue
Boulder, Colorado 80302
Michael and Lenore Hammes
1490 Bockside Common
Annapolis, Maryland 21401
Christopher Sommer
Post Office Box 4953
Aspen, Colorado 81612
Clifford Cerise Ranch Company
0086 Road 104
Carbondale, Colorado 81623
Ranch at Roaring Fork
041913 Highway 82
Carbondale, Colorado 8162.3
Grace L. Cowen
0217 Road 166
Carbondale, Colorado 81623
Stagecoach Associates, LTD
Post Office Box X
Basalt, Colorado 81621
R.F.R. Partners
720 East Hyman Avenue
Aspen, Colorado 81611
George and Kathryn Loudis
0108 Surrey
Carbondale, Colorado 8162.3
Frank D. John Trust
Post Office Box 4152
Aspen, Colorado 81612
Graham and Gwen E. Hatfield
Post Office Box 128
Wichita, Kansas 67201
Wallace and Betty Debeque
0126 Surrey
Carbondale, Colorado 81623
P.O. Box 910 • Carbondale, Colorado 81623 • (303) 963-9424
GARFIELD COUNTY
REGULATORY OFFICES AND PERSONNEL
I )(..eember 3, 1991
Ron Liston
1.: ► ► i d Design Partnership
P.O. Box 517
c ; Icnwood Springs, CO 81602
R I Blue/Western Slope Aggregate Special Use Permit
1)car Ron:
The following comments are intended to clarify our position on the Special Use Permit
application for your client, Western Slope Aggregates. A number of these issues were
1)1(wiously addressed in correspondence addressed to you dated July 1, 1991. The issues raised
by the Impact Statement, dated September 2.5, 1991, have not previously been discussed.
I ficin #5 in my July 1, 1991 letter, addresses the issue of the new intersection with Highway 82.
!lased on what has been submitted, there are not enough specifics to adequately address the
ir►►pacts of the new roadway and show that the use can be designed in compliance with state
:a.►id County regulations. The proposed design shown on the Operations Plan lacks adequate
1c1all. In addition, some specific approval plans showing the proposed alignment or other
h )cuinentation from Department of Transportation is necessary to confirm the likelihood of
IIieir approving the proposal.
A s required by the Zoning Resolution and reiterated in my letter of July 1, 1991, a copy of the
w:iter rights decree should be submitted as part of the application.
Akin to previously discussed Highway Department approval, we feel that some representation
from MLRD should be included in the application and Impact Statement indicating the
Iikelihood of approval and any requirements of permit modification.
1.09 it FI -1 STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601
It on Liston
Rige 2
December 3, 1991
I would also point out that this is a new special use permit application and not a supplement
to the previous application. The Zoning Resolution does not provide for modifications to
cx isting Special Use Permits, each Special Use Permit is an independent entity.
Y our discussion of surface hydrology does not address the anticipated changes in runoff by the
new roadway. How much stormwater will be generated and where will it be routed?
lie discussions on noise and vibration are highly speculative and lack any hard data. I do not
ree with your statement that it is a subjective determination whether noise levels will be
i ',creased. In order to determine the impacts of tlie new routing plan, a quantifiable noise study
would semi appropriate.
l'I he Impact Statement does not identify the proposed days and hours of operation and number
of employees. Also, you fail to define "summer" and "winter".
I t is staff's opinion that the Impact Statement is not adequate at this time. We would
encourage you to enlarge the Impact Statement to include the issues addressed in this letter.
Sincerely,
.- Vis ----
Andrew C. McGregor
Planner
nier
A ('M/rlb