HomeMy WebLinkAbout2.0 BOCC Staff Report 03.11.1996• •
BOCC 3/11/96
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST; Special Use Permit for the operation of a
concrete batch plant.
APPLICANT; Grant Brothers Construction, L.L.C.
LOCATION: A portion of land within Section 7 & Section
8, T6S, R92W of the 6th P.M.; located
approximately two (2) miles west of Silt, north
of Interstate 70.
SITE DATA: 170 Acres
WATER; Ditch water used for industrial purposes;
bottled water used for drinking purposes.
SEWER: Portable Chemical Toilets
ACCESS Direct access to I-70 fiontage road (CR 346N)
EXISTING ZONING; A/I
ADJACENT ZONING:, East/West: A/I
North: A/R/RD
South: A/R/RD; PUD
RELATIONSHIP TO THE COMPREHENSIVE PLAN
The subject property is located within District D - Rural Areas/Moderate Environmental
Constraints and District F - River Floodplain/Severe Environmental Constraints, as designated
by the Garfiled County Comprehensive Plan's Management Districts Map.
H. DESCRIPTION OF THE PROPOSAL
A. Site Description: This 170 acre tract is located approximately two (2) miles west of
Silt on the north side of Interstate 70. Slope across the tract is quite gradual, and
generally slopes downward from the Interstate to the Colorado River. Portions of the
property are within the designated floodplain of the Colorado River; however, it
appears the area proposed for the batch plant is not within the floodplain. The
majority of vegetation appears to be pasture grasses and the site survey indicated that
portions of the property were being actively grazed. See vicinity map, page
B. Adjacent Land Uses: The adjacent land uses appear to be largely agricultural,
typically grazing and the raising of hay.
C. Proposal: The applicants are currently conducting a gravel mining operation in what
is known as the Loesch Pit, permitted under Resolution No. 84-48. This Resolution
found that the original operators complied with all conditions of approval as set forth
by an earlier Resolution (81-141) for the issuance of a Special Use Permit for the
extraction of natural resources and the operation of a concrete batch plant. This
application is to amend the original permit to allow the operation of a concrete batch
plant at a site approximately 1200 feet east of the site originally approved for the
batch plant, shown on the sketch map as 'Stage P.' See sketch map, page " .
• •
The new batch plant site (shown as Proposed Stage P') will be exactly the same areal
size (5.50 acres) as the approved site; however, it will be closer to the actual area of
the pit that is currently being mined, therefore, increasing efficiency. The batch plant
site would also be the location of the office and may also include related industrial
equipment, shops and parking areas.
III. MAJOR ISSUES AND CONCERNS
A. Operation: Resolution 84-48 approved the special use permit for the proposed
operations at the Loesch Pit and found that all conditions of approval specified in
earlier resolutions had been complied with. Specifically, Resolution 81-141 instructed
the applicants to provide direct access to Interstate 70, without traversing any County
road. This provision has been complied with by the construction of the I-70
interchange known as Exit 94 and, further, the use of the interstate frontage road
known as CR 346N, which appears to be a state right-of-way, not a county ROW.
It must be further noted that these conditions were specified due to the anticipated
number of round trips per day from the pit, estimated at the time to be 130 RT. The
applicants are currently running an average of three (3) trips per day for gravel and
estimate that the batch plant would generate approximately 20 trips per day during the
height of the construction season.
B. Zoning: The subject property is located within the AA zone district, which does
allow, upon issuance of a Special Use Permit, both a plant for fabrication of goods
from processed natural resources (batch plant) and extraction and processing (mining
operation). Because the Zoning Resolution does not have a provision for modifying
or amending a special use permit, the requested permit to move the concrete batch
plant must be considered a new permit, to be added to the existing permitted uses.
The only essential difference the applicants are requesting is to locate the approved
batch plant approximately 1200 feet closer to the actual portion of the pit currently
being actively mined. Any approval of the SUP should require compliance with
previously approved resolutions as well as any new conditions of approval.
C. Permits: The applicants are operating under valid permits issued by the State of
Colorado that do allow a concrete batch plant and associated cement silo, as well as
a permit for a crushing and screening plant with wet spray bar control equi men and
have an additional permit for wastewater discharge. See permits, pages ?�-1
The emission permit for the batch plant sets forth specific terms and conditions in the
operation of the plant. Staff recommends that the applicant adhere to said conditions
and, if the permit is ever modified to allow additional emissions, then a copy of that
revised permit be submitted to the planning department.
D. Water Usage: It is difficult to predict the amount of water that would be consumed
in the operation of the concrete batch plant, as it would depend on prevailing market
conditions and demand. However, the applicants own water shares in the Last
Chance Ditch and have converted the water right to industrial and incidental domestic
use. It appears that 20.68 acre feet of water, per year, has been decreed to be used
in this operation, which staff assumes will be sufficient water to supply all proposed
use related to the operation of the pit and batch plant. See water information, pages
The applicant has verbally represented that drinking water would be furnished by a
bottled water provider and that the washing of trucks will continue to occur at an off-
site commercial washing facility.
E. Colorado River Floodplain: The 100 -year floodplain of the Colorado River has been
mapped and does occur on the applicant's property; however, the floodplain does not
occupy the property where the proposed batch plant would be located. See floodplain
map and supporting information, page 1.21. The engineering information
recommends that any new structure be built at an elevation at least one (1) foot above
the adjacent 100 -year flood elevation.
---
• •
F. Impacts on Adjacent Lands: There will be impacts caused by the generation of dust
in the operation of the permitted uses. As discussed earlier, the applicants do have
valid permits that specify control measures to be used in limiting the amount of dust
generated by the mining and fabricating activities. Staff recommends that the
applicants adhere to these provisions and if they are ever modified, then a copy of the
amended permit be submitted to the Planning Department.
G. Impacts on Animals: The property in question is actively being grazed; however, staff
does not know the nature of the permitted grazing. Staff would recommend that if
the lands adjacent to the pit or the batch plant will continue to be grazed, then the
applicants should take appropriate measures to safeguard the animals, which include
some type of adequate fencing. The area where the proposed batch plant would be
located is in an open field with very little cover and is probably not a critical area for
wildlife. Staff would expect that measures taken to safeguard domestic animals would
have positive effects on safeguarding wildlife. If a fence is necessary, staff
recommends the applicants construct it to meet Division of Wildlife guidelines.
H. Traffic: The permitted amount of truck traffic, in round trips per day, is 130, with the
applicants currently operating at a much lower level. As reported earlier, there is an
average of three (3) round trips, per day, generated by gravel trucks, and it is
anticipated the batch plant will generate an additional 20 round trips during the height
of the construction season. The I-70 interchange (Exit 94) was constructed, at least
in part, to handle the expected 130 daily round trips and as an earlier condition of
approval, the haul trucks are required to use the frontage road (a state highway) to
access the interstate. Staff anticipates no impacts to county roadways, but
recommends the applicant receive any necessary approvals from the state highway
department regarding any new driveways or intersections with the frontage road.
Separation of Land Uses: There are residential land uses within a reasonable
proximity to the applicants property and the proposed batch plant site. Given the
separation of these uses and the location of the Interstate, staff does not expect
significant problems to result from the relocation.
J. Reclamation Plan: As this request is solely for the relocation of the proposed batch
plant, the reclamation plan originally approved for this project would remain in effect.
Staff recommends that the applicants conduct their mining and reclamation efforts in
strict accordance to the proce res outlined in the earlier, approved SUP application,
which is attached on pages .i3 -31
IV. SUGGESTED FINDINGS
1. That proper posting and public notice was provided as required for the hearing before
the Board of County Commissioners.
2. That the hearing before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that hearing.
3. That the application is in compliance with the Garfield County Zoning Resolution of
1978, as amended.
4. That for the above stated and other reasons, the proposed Special Use Permit is in the
best interest of the health, safety, morals, convenience, order, prosperity and welfare
of the citizens of Garfield County.
V. RECOMMENDATION
Staff recommends APPROVAL of the application, subject to the following conditions:
1. That all representations of the applicant, either within the application or stated at the
hearing before the Board of County Commissioners, shall be considered conditions
MOW
3•-•
• •
of approval.
2. That the operation of the facility be done in accordance with all federal, state and local
regulations governing the operation of this type of facility and that all permits remain
updated and in effect at all times. If any permits are modified, then a copy of the
modified permit(s) shall be sent to the Planning Department for inclusion in the file.
3. That the applicants receive any necessary driveway/intersection permits from the
Colorado Department of Highways, prior to the commencement of batch plant
operations.
4. That if the applicants will continue to allow grazing of domestic animals on the
property, reasonable care shall be taken to safeguard the animals and any fencing shall
be done in adherence to accepted Division of Wildlife guidelines regarding fencing.
5. That all current and future operations of the permitted uses of the property be done
in a manner that is consistent with all earlier approvals and conditions of approval
regarding the operation of the facilities. Any future modifications or amendments to
the permitted uses shall require issuance of an additional Special Use Permit. The
issuance of this Special Use Permit only allows the concrete batch plant to be placed
as shown on the sketch map, it does not supersede any other requirements or
conditions.
6. That only one (1) permitted, Phase P (batch plant/offices/supporting facilities) will be
allowed to be in operation at any one time.
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EXHIBIT B - INDEX MAP
MOBILEOPREMIXIT COMPANY
Pant o6 NE/4 SE/4, NW/4 SE/4,
SE/4 SE/4, NE/4 SW/4, NW/4 SW/4,
SW/4 SW/4 SE/4 SW/4 and att. o
the SW/4 SE/4 Sec. 7, and p
oti the. NE/4 NE/4 NW/4 NE/4 and
NE/4 NW/4, Si.ei8, T6S, R92W,
6th P.M.. Gah.f-e.P-d Coun-u, Coto.
Vie/wiry AMP
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• •
STATE OF COLORADO
COLORADO DEPARTMENT OF HEALTH
DL -d c fled 10 protecting and imploving the heahh and
1/111lnnnlenl 01 1111• l,r( ,,h• of Colnr.ulo
4 1(111 Cllelry CGcet. D1 S L:lboralory Building
1)envel.Colu1.)du1111'_'_'-1510 421(1 E. 11111 Avenue
,3011 6'1]•20(10 Denver, Cololadu 110330-371(,
• 13 031 691 -47 00
May 7, 1993
Douglas L. Giant, Partner/Manager
Grant Brothers Construction LTD. Liability Company
P.O. Box 1027
BasJ1L, CO 81621
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CERTIFIED MAIL NO: P 895 190 879
RE: Final Permit, Colorado Wastewater Discharge Permit System
Number: CO- G-500252 - GRANT BROTHERS CONSTRUCTION LTD. LIABILITY COMPANY
Gentlemen:
-r! please find a copy of the permit which was issued under the Colorado Water Quality Control
1,,1 hschargc permit requires that specific actions be performed at designated times. You are
to comply with all terms and conditions of your permit. It is especially important to note
"1'IVE DATE OF PERMIT", not the "DATE SIGNED", located in the lower right hand
1:.i12e 1, of your permit. It is illegal to discharge per the conditions of this permit until that date.
Please read the permit and if you have any questions contact this office at 692-3590.
Sincerely,
Robert J. Shukle, Chief
Permits and Enforcement Section
Water Quality Control Division
cc: Permits Section, Environmental Protection Agency
Regional Council of Government
Local County Health Department
District Engineer, Field Support Section, WQCD
Derald Lang, Field Support Section, WQCD
Ginny 'I orrez/Anne Thlenfeldt, Permits and Enforcement Section, WQCD
Permit Drafters, Permits and Enforcement Section, WQCD
RJS/lg
Enclosure
® ?rano-el on Recycle,.
• •
COLORADO DISCHARGE PERMIT SYSTEM
CERTIFICATION
SAND AND GRAVEL MINING AND PROCESSING GENERAL PERMIT
GRANT BROTHERS CONSTRUCTION LTD. LIABILITY COMPANY
LOESCFI PJT \
FACILITY NUMBER: COG -500252, EAGL9 COUNTY
CONTENTS PAGE
1. TYPE -. 1
11. FACILITY INFORMATION 1
III. RECEIVING STREAM 1
IV. FACILITY AND WASTEWATER DESCRIPTION 2
V. TERMS AND CONDITIONS 2
1. TYPE OF PERMIT:
11. FACILITY INFORMATION:
Industrial - New (General - Sand and Gravel). This facility was previously
covered wider certification no. COG -500087 when previously owned by Western
Mobile Northern, Inc. However, that certification was allowed to expire.
A. Facility Type and Category 07, Sub -category IA -
Fce Category: General Permits, Sand and Gravel - Process Water & Stormwater
Current fee: $125/year per CRS 25-8-502
B. SIC No.: 1442
C. Legal and Facility
Contact:
D. Facility Location:
E. Discharge Point:
Douglas L. Grant, Partner/Manager
110 West Homestead Drive
P.O. Box 1027
Basalt, CO 81621
(303)+927-3201
In the S 1/2, Section 7, T6S, R92W; north of 170, near the intersection with
rklanun Creek (approximntely 3 1/2 miles east of Rifle, CO)
Discharge point 001 - Waiter discharge from the dewatering operation to drain the
pit, as shown in figure 2 of the permit. Discharge water sampling cind monitoring
shall be the end of pipe discharge from the dewatering pump or flume, as
installed.
F. Facility Flows: Discharge point 001 - Maximum flow rate is unknown at this time.
STREAAI:
.ientification, Classification and Standards
Identification: The discharge goes to the Colorado River, Segment 1, Lower Colorado River sub -basin and
leu.. in.
i •
Permit No. COG -500000
Facility No.COG-500252
Page 1
CERTIFICATION PAGE
CDPS GENERAL PERMIT
PROCESS WATER AND STORMWATER DISCHARGES
ASSOCIATED WITH
SAND AND GRAVEL MINING AND PROCESSING
AND OTHER NONMETALLIC MINERALS EXCEPT FUEL)
This permit specifically authorizes the GRANT BROTHERS CONSTRUCTION LTD. LIABILITY
COMPANY
to discharge from facilities identified as the Loesch Pit
located in the S 1/2 of Section 7, T6S, R92W, north of 170, near the intersection with Marnm Creek
(approximately 3 1/2 miles east of Rifle, CO);
to the Colorado River,
as of this date: Hay 7, 1993
The first annual Stormwater report from this permittee is due by February. 15, 1994.
This facility permit contains 24 pages.
Page 2
Permit No. COG -500000
CDPS GENERAL PERMIT
FOR SAND AND GRAVEL
(AND OTHER NONMETALLIC MINERALS PROCESSING
FUEL)
AUTHORIZATION TO DISCHARGE UNDER THE
COLORADO DISCHARGE PERMIT SYSTEM
In compliance with the provisions of the Colorado Water Quality Control Acct, (25-8-101 et seq., CRS,
1973 as amended) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.; the
"Act"), this permit authorizes the discharge of process water and stormwater associated with operations
engaged in mining and processing of sand and gravel (including rock andls, eunder thisone perias ggrefrom),thnd
ose
mining and quarrying of other nonmetallic minerals except
locations specified throughout the State of Colorado to specified waters of the State. Such discharges
shall be in accordance with the conditions of this permit.
This permit specifically authorizes the facility listed on page 1 of this permit to discharge process water
and/or stormwater associated with operations engaged inandng and
processing
f d and gravel
(including rock and stone used as aggregate), and mining quarrying of other nonmetallic minerals
except fuels, as of this date, in accordance with the permit
a 1 e terms conditions
condit ons of Parts
this
I and II hereof. All discharges authorized herein shall be consistent with
permit.
This permit and the authorization to discharge shall expire at midnight, September 30, 1997.
Issued and Signed this3tstday of August, 1992
COLORADO DEPARTMENT OF HEALTH
7 avid Holm, Director
Water Quality Control Division
Amended
01/21/93
Effective 01/21/93
CERTIFIED LETTER MU 'P895/9° 7q
DATE SIGNED 5./ -.Promo..
EFFECTIVE DATE OF
PERMIT 3
STATE OF COLORADO
COLORADO DLPARTMENT OF HEALTH
AIR POLLUTION CONTROL DIVISION
ILLI -HONE: (303) 692-3150
EMISSION PERMIT
PERMIT NO: 13GA318-1
DATE ISSUED:
FINAL APPROVAL
OCTOBER 12, 1993 Transfer of Ownership
ISSULD TO: GRANT BROS. CONST. LTD. LIABILITY COMPANY
THE IE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS:
Construction company located 3.5 miles east of Rifle in the S1/2, Section 7, T6S,
R92W, Garfield County, Colorado.
TIIE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING:
Concrete batch plant and associated cement silo.
!Utrl LED SUBJECT TO ALL RULES AND REGULA (IONS OF THE COI t )RADO ,,
:t.11v1MISSION AND THE COLORADO AIR QUALITY CONTROL AC'1 •
u ; ; i__,,,t;• 1 , : ! 10SL GENERAL TERMS AND CONDITIONS SET FORTH ON THE REV1 I `,F ;II,
1 HIS DOCUMLN f AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS:
1. Visible emissions shall not exceed twenty percent (20%) opacity.
2 Emissions of air pollutants shall not exceed the following limitations (as calculated in the
Division's preliminary analysis):
Particulate Matter: 1 .35 tons per year and 0.93 pounds per hour
This source shall be limited to a maximum production rate as listed below and all other
ar.tiviiir;, olrerational rates and numbers of equipment as stated in the application. Annual
:u//it, of the actual production rate shall be rnaintairied by the applicant and made available
to the Division for inspection upon request.
Production of concrete shall not exceed 100,000 cubic yards per year.
The permit number shall be marked on the subject equipment for ease of identification.
5. A Revised Air Pollutant Emission Notice shall be filed when a significant change in emissions
occurs, as required by Regulation No.3.
45/26/1
• •
GRANT BROS. CONST. LTD. LIABILITY COMPANY
Permit No. 13GA318-1
Final Approval
Page 2
6. In accordance with C.R.S. 25-7-114.1, the Air Pollutant Emission Notice (APEN) associated
this permit is valid for a term of five years. The five year term for this A! ^-1
Hy.
is l , .;. 1',1,11;. A revised APEN shall be submitted no later than 30 days hale,
aim,
L nis M. Myers
Permit Engineer
I t. ,star of Ownership from Mobile Premix Co.
45/26/1
/bk
Bv:
James S. Geier, P.E., Chief
New Source Review Section
Stationary Sources Program
Air Pollution Control Division
• •
STATE OF COLORADO
COLORADO DEPARTMENT OF HEALTH
AIR POLLUTION CONTROL DIVISION
TELEPHONE: (303) 692-3150
EMISSION PERMIT
PERMIT NO: 13GA318-2
o(: MBER 12, 1993
FINAL APPROVAL
Transfer of Ownership
111.1 i 1-0: GRANT BROS. CONST. LTD. LIABILITY COMPANY
I IF SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS:
Construction company located 3.5 miles east of Rifle in the S1/2, Section 7, T6S,
R92W, Garfield County, Colorado.
THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING:
Crushing and screening plant with wet spray bar control equipment.
THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR
(-MAIITY CONTROL COMMISSION AND THE COLORADO AIR QUALITY CONTROL ACT C.R.S.TROL ACT,:1 ; _g), l 0 11 IOSE GENERAL TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE OF
1!15 DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS:
Visible emissions shall not exceed twenty percent (20%) opacity.
Emissions of air pollutants shall not exceed the following limitations (as calculated in the
Division's preliminary analysis):
Particulate Matter: 3.5 tons per year and 5.0 pounds per hour
1 his sours e ,:hall be limited to a maximum production rate as listed below and all other
u•. 1;11 rates and numbers of equipment as stated in the application A ri
err: ,rl:tual production rate shall be maintained by the applicant and made, available:
to the Division for inspection upon request.
Production of crushed gravel shall not exceed 175,000 tons per year.
The permit number shall be marked on the subject equipment for ease of identification.
5. A Revised Air Pollutant Emission Notice shall be filed when a significant change in emissions
occurs, as required by Regulation No.3.
45/26/0
• •
(RANT BROS. CONST. LTD. LIABILITY COMPANY
Permit No. 13GA318-2
Final Approval
Page 2
6. In accordance with C.R.S. 25-7-114.1, the Air Pollutant Emission Notice (APEN) associated
with this permit is valid for a term of five years. The five year term for this APEN expires on
April 13, 1998. A revised APEN shall be submitted no later than 30 days before the five year
term expires,
Hy.
At all times, including periods of start-up, shutdown, and malfunction, the facility and control
equipment shall, to the extent practicable, be maintained and operated in a manner consistent
with goocl air pollution control practices for minimizing emissions. Determination of whether
or nut acceptable operating and maintenance procedures are being used will be based on
inforn-ration available to the Division, which may include, but is not limited to, monitoring
results, opacity observations, review of operating and maintenance procedures, and inspection
of the source.
I ennis M. Myers
l ei irit I_nclineur
Transfer of Ownership from Mobile Premix Co.
45/.26/8
IP
By: r
Jaynes S. Geier, P.E., Chief
New Source Review Section
Stationary Sources Program
Air Pollution Control Division
• •
STATE OF COLOF >O
f co,
COLORADO DEPARTMENT OF HEALTH �
AIR POLLUTION CONTROL DIVISION
TELEPHONE: (303) 692-3150
FMISSION PERMIT
I'CI1MI I NO: 13GA318-3F
(1(:'I'Ol1ER 12, 1993
*1876 .
FINAL APPROVAL
' Transfer of Ownership
10: GRANT BROS. CONST. LTD. LIABILITY COMPANY
i I IF :,UIJRCE TO WHICH TI IIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS:
Construction company located 3.5 miles east of Rifle in the Si /2, Section 7, T6S,
R92W, Garfield County, Colorado.
THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING:
Sales yard, service roads and mine pit.
THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR
()HAIL I Y CONTROL COMMISSION AND THE COLORADO AIR QUALITY CONTROL ACT C.R.S. (25-7-
101)
25-7-
;01) t:t sed), TO HIOSE GENERAL TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE OF
1 t 115 DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS:
4.
The particulate emission control measures listed on the attached page (as proposed in the
Particulate Emission Control Plan submitted to the Division) shall be applied to the particulate
emission producing sources as required by Regulation No. 1.
The Division's approval of the proposed control plan is based on the submitted production Level
as listed below. Prior to any increase in daily or annual production rates, the applicant shall
r.nbmit a Revised Air Pollutant Emission Notice and Control Plan which will be subject tom'
! .ipproval to ensure compliance with the National Arnhir:nu
« 1;:. w:ulate matter. Annual records of the actual production ni.
'1,1ilicant and rnade available to the Division for inspection
Production of gravel shall not exceed 175,000 tons per year.
A Revised Air Pollutant Emission Notice shall be filed when a significant change in emissions
occurs, a required by Regulation No. 3.
In accordance with C.R.S. 25-7-114.1, the Air Pollutant Emission Notice (APEN) associated
with this permit is valid for a term of five years. The five year term for this APEN expires on
April 13, 1998. A revised APEN shall be submitted no later than 30 days before the five year
term expires.
45/26/7
/so--
1
GRANT BROS. CONST. LTD. LIABILITY COMPANY
Permit No. 1 3GA31 B -3F
Final Approval
Page 2
PARTICULATE EMISSIONS CONTROL PLAN
THE FOLLOWING, PARTICULATE EMISSIONS CONTROL MEASURES SI -HALL BE USED FOR
ENFORCEMENT PURPOSES ON THE SOURCES COVERED BY THIS PERMIT, AS REQUIRED BY THE
.1\ IR QUALITY CONTROL COMMISSION REGULATION NO.1. THIS SOURCE IS SUBJECT TO THE
FOLLOWING EMISSION GUIDELINES:
;t Mining Activities - Visible emissions not to exceed 20%, no off -property transport of visible
emissions.
h. Haul Roads - No off -property transport of visible emissions shall apply to on-site haul roads,
the nuisance guidelines shall apply to off-site haul roads.
haul Trucks - No off -property transport of visible emissions except that when operating of the
property of the owner or operator, the applicable guidelines shall be no oft-vehi• it! Ran!
of visible emissions.
Control Measures
1 Disturbed areas shall be prewatered and wet down during activity as necessary.
2 Vehicle speed on unpaved roads and disturbed areas shall not exceed a maximum of 20 m.p.h.
Speed limit signs shall be posted.
3. Unpaved haul roads shall be watered as often as needed to control fugitive particulate
emissions.
4 _ Disturbed areas that are inactive for more than six months shall be revegetated.
Deposit of mud and dirt on improved streets and roads shall be prevented or cleaned up daily.
t'1:
Dennis M. Myers
Permit Engineer
Transfer of Ownership from Mobile Premix Co.
45/26/7
Bv:
James S. Geier, P.E., Chief
New Source Review Section
Stationary Sources Program
Air Pollution Control Division
App1i.c:-tc.i..:)C; i•ic. 61LS•l238
RUr.•NIG OF REFEREE
_._TN CHANGE (l l:' HATER RIGETS
O Ur
THE MATTER OF T`H_I PJ 9LICyTION FOR CIIAN COUNT
'.[
t1O'1L PRlir:1I.1: CO1 )? NY IN THE COLORADO RIVER,
IN GARFIELD
_ --- —`- -- filed on October 29 , 1981/
The above entitled application was r Referee for 29 ,
Water
„trey'_ to the undersigned as Wate_ of �--
I::t� ,�:; r, ) -by t:hr, Water ,
id
,., .i �-t: ztl• r�L Colorado, ca .i t.l--
i of November, .1981, and again., atter
o 9, 193 in accordance with Article
t.n�; i i:won, on March � t `) 3 ;(.:-.own .:s ='r•'
Statutes 1�
,urE r 37, Cclorado Revised Std Ap=t cf 1965"
r,,.r.,=.rr�tit.ution
ane', Administration
investigations
Referee having made such
And One undersigned cthe statements in
necessary to dee l ermine.. ��+hether or not is
i' havin become fully ed with ps:l ic.a t:iarl are true and'having � cation does
;t subject matter of the appy
respect to the � 1 as the Referee in
make the following determ1nation and ruling
this matter,' to -wit:
The State -
The
=gte-The statements in the application are true.
ments of Oppo:,iLion have: been effectively withdrawn and the
Referee has made no determination with reLipect to the Statements
R
of Opposition.
Chance Ditch.
The name V 1. tha s t�ruct>•)re is
Last
3_,..The name of'the claimant and address is: Mobile Premix
., _O • i?(�xr Denver_ , Colorado 80217 .
i=. 1c: ,a 1y ;
S./83 T4
the Colorado Rive;.
4. 'L'i1a `sc�urcc- of.thc- water is
Colorado River at
5 . The point or di_vers�o�hobar kthe
o�Last
theChance Ditch, as
decreed, s located on 6 R . 92 S __ , W. cf the 6t1: P.M
wed, i tr]
i-'_` 1011 10,i
Action No _ 150`0 (_tt:iI_
;, L;;:;B, 1:1 Civil AC - � -.
tielii CoA:_tty i.)l:5r_]_c..
i '=--`1�- car ., -
:1st Chance Structure t4O. 5-. - .
te, right for: 50 cubic fee+_ of wnC..r
,�>Lit•:. ,a,1[EropU] •t: �. ._..
a.-, t: i rriga tion w1 t1: , �l;1 C_
OE Llik(3,
f.iarcll 23, LOC,.
. The apl:ticAnt herein its the owner
of share,; in the ;':o5r.h
�- fh�� water r:ic3t
a,ny stock which represent y-,
' C;UI:IL= 1 � S�l'n UI_ CII(iJit9 �Ji:l:i _1tii
c Twenty.Sven decreed to i=I-.�::11��3sL L)I7%11'U.r, Ditch.
I�I��� '-31.j .1.
1_
8 .LCU2 9 8
which represent 0.4779 cubic loot_ of water per second of time
(t).0177 ,71 ,1 per share!), tarn, the st.lt)jec:t of thi:J
called "subject water right".
Tha applicant herein has requested the following
A. Applicant owns 22.37 acres, together with other
La h : , located in the SW 4 and SES , Section 7, T. u S., 'R.
p ti Garfield County, historically irri-
gatediv. Q" the 6..11 _ ._t., .
gated by the. subject water right. Applicant now desires
Lo develop a gravel operation which will require the utili-
zation of the subject water right for year around use for
clt,sL suppression and gravel washing associated with the
operation GE a gravel pit on the property Applicant owns
in tha SE. of said Section 7.
B. Applicant seeks entry of a decree changing the
ty,:e and time of use of the subject ,rater right as set
forth below, pursuant to C.R.S. 1973, 37-92-103 (5) . The.
Applicant proposes to change the use of the water right
from irrigation and incidental domestic use to industrial
(including gravel washing and dust suppression) and incl. -
dental domestic use and to change the season of use from
the historic irritation season to year around seas -on.
C. Historically 1.79 acre feel of water were annually
consumed per, acre ref irrigated land. The historic diver-
sions for the subject water right average 114.07 acre feet
an average return flown of t'
par year, and result in g
Applicant ex.timteS\Lhat the yield of 20_6i1
r _r from the a_:erc.ise of the subject t :: _.:':1/4710.ro.O.
{ filu._ o..d to meet the demand 01 the gravel !__
L n u_ ter_ the Applicant will
�..� �_ to cath :, ..�-�a.1 ... =
22.37 act ti of,land from irricj ti_1it. The e c3._
up is LocaLE:d _n Lite west . L L1)e 5v1.0.=11ea.,
._,:e sou rheas, t_ cf Sc�c�tio 7, T. U :� . , R
:� tt_h P.M. M The -water historically used in the irrigation
'_hat Laid will be used in the ,;tanner set forth 'below.
E. Applicant proposes to take delivery to its land
through the Last Chance flitch of 0_4779 cfs (subect_ ':Tatar
right) , when said water right is in priority, and return
65.4 percent thereof or 0_3125 cfs directly to the river
to account for. historic return flows, while using 0.1653
c_; Er , s needed for Lmmediate application to i ndusti'ial and
i nc i ntc1_l. domestic uses and/or_ for storage upon Appl.iC,ant-,
nci :s•.chequent application to said uses in Lhe winter-
. ". ':11 _ i.'cln!-: of Applicant's operations in thesettling
1::-,1dinc ponds will intercept gr.ouncwater.
• •
<) . Statements of ot:r:osition ware timely on behalf
c>=: LOe_Sch and Crann Ditch Company, on behalii of the City o>
Rifle and on behalf of tiro State Engineer. As a result_ of the
S:_atements of Opposition, on January 29, 1982, the application
was re-t_eferred by the Water Referee to the Water Judge for
t, cater r)ivisi_on No_ 5.
10. Entries of Appearance were filed by Rifle Land
Associates and Clahaugh and Associates.
11. The Entries of Appearance have been withdrawn and the
.;t.atements of Opposition have been withdrawn ell:her by `3tipuia-
.. on of by a nrQ[o ec• Ruling of referee and Decree of the
Yater Court. The pertinent pats of the Stipulation and Proposed
Decree are incorporated in this Ruling of Referee. As a. result
thef _ective withdrawal. of the Entries of Annea-=<==�1C'2 ;Int'_
lipI cc i i_iu'l, on March 9, 19'64/. the
- ' � !" l'.': -:c1 to the ilei l:ei: Referee J'/ :Il• i+.:t = .
('C. 5.
L:.. The. :hangs of water rights granLecl by this I':.'_....
.? _r =_ 1.11.. not: injuriously affect the owner of or pc %.-1:i
or_LiLI e water 11nd r a vested water right or a d:'C:r(_ec:
ri.' ht:, And '.h,=, application should :Dnr;_ _
1_.N .af'l;-_ to C..S. 1973, 31-92-305 (_3) .
Tht✓ Referee does therefore conclude t:hat the above entitled
h:.pf:i i_c ation to Change of° Water Right_ should be and hc_•:by
approved as follows:
A. The use of the subject water right is hereby
changed from irrigation ander incident?l domestic use to
industrial.. and. incidental domestic use, including the
ri_crhr to store and subsequently apply water to said uses.
a. The season during which the 0.4779 ets of water
�i
-rted 7.11 .Iii. :{ e f the subject water right may
. I CI.(..L•-.C. o
hereby changed from the historic irrigation
to the entire year. Water" will rhe diverted Under
the subject water right only during the historic irriga-
tion season, from April L through October- 31; no :liver-
s ions will occur from November through March.
C. Applicant will install such measuring devices for
recording its diversions and releases as may be required
by the Division Engineer.
It is accordingly ORDERED. that this ruling shall be -filed with
the Water Clerk 1,tlhject to judicial review.
It is further. ORDERED that a copy of. this ruling shall be
:'. i led with the appropriate Division Engineer and the State Engineer
19-
3.
• •
8LCW288
Dated Ao,e/z,J
7- D
13Y THE REFEREE:
tmrevee
Division No. 5
State of Colorado
in thio mutter, and accodif:ilf
L.c..-JnEirliied and epproved, and is
t:his court; pt:0viciati howczver.,
Of Water ri#1r shall b -51:t
by ar judge on the question (J
o oChers during any hearing co:f.Imen:ncl
in t_ -h! 7_.-A112ndar yee.rs; succeeding the year in which thLF,
doc.:isiou Ls rendored.
Dated1
: 1 mil.d to ali
(-)1irc!co
EnRineef--Z—Dato -
Div, No, 5:
TOTAL P.G1717
P.O. Box 1908
1005 Cooper Ave.
Glenwood Springs,
CO 81602
• •
/KN,
l
Z4NC4NELL4 AND 455004 TES
ENGINEERING CoNSULT4NTS
December 29, 1995
Doug Grant
Grant Brothers Construction
Post Office Box 1027
Basalt, CO 81621
RE: Grant Gravel Pit 100 year Flood
Dear Doug:
(970) 945-5700
(970) 945-1253 Fax
At your request we have reviewed the Flood Insurance Rate Maps adopted by Garfield
County for your Loesch Pit located in Section 7 and 18, Township 6 South, Range 92 West
of the 6 th P.M. Your property is located on panel 080205 1360B and is classified as being
in zone D. Zone D is an area of undetermined, but possible flood hazard. In other words the
area is not mapped. Therefore a flood plain has not been adopted by Garfield County for this
region.
In 1984 a new flood plain was prepared by the U.S. Army Corps of engineers and the
CWCB for all of the Colorado River. The new flood plain analysis has not been officially
adopted and reviewed. However, in our opinion the best available existing flood plain
information is the 1984 maps. We have attached a copy of the 1984 maps covering the area
of the Loesch Pit's existing and proposed batch plant sites. From the maps it can be seen that
both of the batch plant sights are out of the designated 100 year flood plain. We recommend
that the finished floor elevation of any new structures in this area be at an elevation of least
5369 feet which is 1 foot above the adjacent 100 year flood elevation.
If you have any questions, please call our Glenwood Springs office at 945-5700.
Very truly yours,
Zancanella and Associates, Inc.
Thomas A. Zancanella, P.E.
TAZ/95218 flood .wpf
1
• •
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• •
EXHIBIT E
RECLAMATION PLAN AND TIMETABLE
Reclamation. The operator proposes the planned future
use of the property to be a private recreation area with an
improved habitat for wildlife. The affected land will be
reclaimed by backfilling the perimeter o1 the pit to slopes
of 3 to 1 and by creating shallow water areas, or by mining
and backfilling to create an :irregular shoreline, and by
revegetation of the area to :its natural conditions that will
create a desirable habitat for wildlife.
The lake to be created will be approximately 143.61±
acres. TL will be approximately 4,000 Peet long in an east -
west direction and wi I l vary 1.n width north Lo south from 600
feet Lo 2,100 feet:. The shorelines generally will be irregu-
lar except in the east and southeast perimeters of the pit.
These areas will be relieved by irregularities created by
mining or by backfilling so as to present a more natural
appearance. Perimeter slopes will be maintained at 3 to 1 or
less from five feet above to ten feet below the water level
of the lake.
One area of 6 to 1 slopes will be created with a sand
beach to facilitate swimming and boating if so desired. The
tentative selection of a site for the beach area is along the
south side near the west end. Separate areas on other parts
of the lake shore will have relatively shallow water lo encour-
age the growth of reeds and rushes and to create a desirable
habitat for water fowl. Location of these shallow water areas
a3
- 1 4 -
•
EXHIBIT E (Cont' d)
is not definite at this time; however, ii. is expected that
three areas along the east and southeast and northwest sides
of the lake are the most likely locations. See Map Exhibit F.
As outlined in the Mining Plan, the area will be mined
in seven stages. Each stage will last for two to four years,
except Stage P which will be :in operation during the entire
life of the mine. At the conclusion of each mining stage,
a reclamation phase will be commenced. Map Exhibits D-1 and
F contain complete details and progression of mining stages
and reclamation phases.
In salvaging topsoils, reference will be made to the
soils map, Exhibit I-1. 1 t is expected that approximately
12 inches of soil will be salvageable. Approximately 8 to 12
inches of topsoil will be redistributed on the areas of the
property to be reseeded. The availahle water capacity at
that depth will be approximately one inch and is considered
suitable for the species recommended. In the area of the
affected land, use of mulches and irrigation often creates
very severe weed problems. A depth of 8 to 12 inches of top-
soil will eliminate the need for mulching and irrigating but
will allow development of adapted species. (See Revegetation
Program later in this Exhibit E.)
The operator will attempt to complete final grading,
fertilizing and seeding within one year of the completion of
each mining stage. Planting and fertilizing will occur
between raid -September and late October whenever possible.
EXHIBIT E (Cont'd)
If fall planting is impossible and spring planting is an
unavoidable necessity, the operator will plant between mid -
and late March in each revegetation year. During the balance
of the reclamation phase, reclamation progress will be
monitored and remedial work will be performed where necessary
The operator believes that when the site is reclaimed,
conditions for many species of wildlife will be improved.
Reclamation Performance Standards. The operator intends
to conduct :its mining activities in compliance with the
Reclamation Performance Standards of Rule 6.
Grading will be performed to create a final topography
appropriate to the planned future land use. When backfilling
is necessary, the operator will replace overburden and waste
materials in the mined area and will insure that the heavy
equipment used for this purpose is compacting the earth
sufficiently well to achieve good stability. All grading
will be done in a manner• to control erosion and to protect
areas outside the affected land from slides or other damage.
All backfilling and grading will be completed as soon as
feasible after the mining process. All refuse will be handled
and disposed of in a manner that will control unsightliness
and protect the drainage system from pollution. There are no
acid-forming or toxic materials involved in this operation.
There are no drill or auger holes on the land. Maximum slopes
will be within the limits set forth in the Rules and Regulations
of the Board and will be capable of being traversed by farm
machinery.
• •
EXHIBIT E (Cont'd)
This operation will be carried out by dewatering the
sand and gravel deposit and raining under semi -dry conditions.
There will be some local disruption to the prevailing hydro-/----r-
logic
ydro-/logic conditions during the life of the mine. The operator
will comply with applicable Colorado water laws and E gul.a,----
tions (as the operator understands them) governing injury to
existing water rights in order to minimize any disturbance
which might occur Lo the prevailing hydrologic balance of the
affected laud and of the surrounding area and to the quality
of water in surface and groundwater systems both during and
after the mining operation and during reclamation. In addi-
tion, the operator expects to comply wi_tli applicable federal
and Colorado water quality laws and regulations. There are no
dredge facilities nor are there any temporary or large silta-
tion structures involved :in this operation. There will be no
earth dams. See Exhibit G for details concerning water
resources.
The mining and reclamation plans take into account the
safety and protection of wildlife remaining on the mine site,
at the processing sites and along all access roads to the mine
Site. Wildlife habitat improvement is a specific part of the
reclamation plan.
Where it is necessary to remove the topsoil and overburden
to reach the mineral deposit, the highest -quality topsoils
found on the affected land wi11 be removed in sufficient
quantity to implement the reclamation plan. 'These topsoils
•
EXIILBIT E (Cont'd)
will be segregated and protected. If the topsoil is not
replaced on areas Lo receive revegetation within a short
enough time (not to exceed one growing season) to avoid
deterioration of the topsoil, vegetative cover or other means
will be employed to preserve the topsoil from wind and water (�
erosion, to protect it from any contamination by acid or toxic
materials, and to keep it in a useable condition for sustain-
ing vegetation when it is redistributed in accordance with the
reclamation plan. Topsoil stockpiles will be maintained to
minimize erosion and will be located in areas where disturbances
by ongoing mining operations will be at a minimum. The top-
soils will be handled as little as possible until they are
replaced in disturbed areas. The operator will take measures
necessary to insure the stability of the replaced topsoil on
graded slopes, spreading it: as evenly as possible. Fertilizer
and other soil amendments will be used as required in the
Reclamation Plan or as the soil tests indicate.
.Revegetation- Revegetation will be carried out in such a
way as to establish a diverse, effective and long-lasting
vegetative cover that is capable of self -regeneration without
continued dependence on irrigation, soil amendments or
v,
tha
p. 1t'., tv ._
!.t 1 I1t.
! ki 1(111.' i 1'11I,i
EXIIIBIT E (Cont' d)
to slopes commensurate with such use. Seed will be drilled
wherever possible. Where drilling is not possible, the seed
will be broadcast. The revegeLation plan provides for the
greatest probability of success in plant establishment and
vegetative development by considering environmental factors
such as seasonal patterns of precipitation, temperatures and
wind. Other factors, such as soil texture, fertility, slope
stability and the direction in which slopes face, have been
considered. A weed control plan is included in the program.
Necessary access roads will be constructed through the areas
to be planted. The roads will provide access for planting
crews and for the supervision and inspection of the reclaimed
land.
IlevegetaLion Program. The revegetatlon program to be
implemented by the operator is detailed below. This plan is
excerpted from a report prepared by Mark A. Ileifner of Oikos
Environmental Services and is based on his investigation of
soils and vegetation on the site (see L' h i i t. 1 and j).
B'e'lt i l i er. ;oil; will he t.est(!cl c.;lrk'it;l lv hri :r t4
cd i ng . Xatiipt 4_' w I I I i_)i' C ) i I t?(', I ed From ry.l('p -i 1 0(1 topsoil
i.
t.('d l.O )cy;0 .l 1_ Li'.;t._l.,lf; iai_r:1 l Ocy a1.
Colorado State Lll;i vet si ty . Fertilizers to produce the best
growth in the shortest time will be added prior to seeding.
2. Seedbed Preparation. When the soil has been spread
and the fertilizer distributed, the surface will be smoothed
of large clods and worked until_ moderately fine where the seed
• •
EX111131'1' E (Cont'd)
is to be drilled; the surface will be left fairly rough where
it is necessary to broadcast the seed.
3. Seed Mixture. The following mixture will deposit
about 31 live seeds per square foot and should be drilled in
all areas to be revegetated. The mixture is designed to be
drilled at a depth of 1/1 to 1/2 inch; if it is necessary to
broadcast the seed, seed rates will be doubled and will be
spread on a rough surface and dragged thoroughly after seeding
Species Lbs. PLS/Acre
Western Wheatgrass 4
Tall WheaLgrass (Jose variety) 6
Alkali. Sacaton 0.5
Tour•wi.ng Saltbush 1
Total 11.5
4. Mulch. This mixture does not require a mulch and, in
Tact, on these soils a mulch could be a distinct deterrent to
successful revegetation because the mulching action would keep
the soils more moist and somewhat cooler that desirable and
would induce excessive salt buildup in the soil surfaces.
5. Irrigation, Irrigation is not considered necessary
for establishment of the recommended revegetation..
6. Weed Control. Growth of weeds will be monitored care-
fully each spring for the first two years after seeding- Severe
weed growth will be controlled by mowing. Chemical weed eon -
t:101. will 1:)e avoided bec:n.c_i:_e the chem:ical:_, would Rill the Four -
wing Saltbush.
l rc:e Native species are expected to invade the
affected land. The operator does not i.ul.end to plant many
1?'
•
EX1iIBIT E (Cont' d)
trees; however, some cottonwoods will be planted in a few
selected areas to improve final reclamation conditions.
8. Graz:i.nE, No horse, cattle and sheep grazing will be
permitted during the first two or three years because grazing
would damage the young plants
9. Native Invaders. A number of species can be antici-
pated to invade the area rather heavily in the first five to
seven years. Most will :invade along the lake shores. Willow,
tamarisk and saltgrass can be expected to invade strongly in
the wet and saline areas. Also, cattails and reeds will invade
the water areas immediately offshore, thereby providing excellent
wildlife habitat and littoral conditions. Sagebrush and rabbit -
brush will invade the upland areas where soils are more coarse.
Possibly some cottonwood will be found in selected areas, but
this is questionable. fax Elder probably will not invade until
the vegetation becomes stable and the soils are better developed.
Reclamation Timetable. The reclamation phases listed on
the following page may be correlated to Map Exhibits D -l. and F:
The phases correspond 1.o the mining stages and are numbered
accordingly. Note that these are estimates only and that varia-
tions may occur.
•
EXIHIBIT E (Cont'd)
RECLAMATION TIMETABLE
LOESCII PIT
Acres t
Revege-
Reclaivat:i_oii Water Road tati_on
Please Years Total
I 4 _ 6 1.2.18
9.88 0.00 2.30
II 4 - 6 26.68
24.81 0.00 1.87
ITT 4 - 6 35.80
26.96 0.00 8.84
1V 4 - 6 30.60
28.70 0.00 1..90
�
V 4 - 6 41.53 37.42 0.00 4.11
1 - 3 17.77 1.3.18
0.39 4.20
VI
P 3 - 4 5.50
2.66 0.00 2.84
Total Acres t
170.06
143.6:1 0.39 26.06