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Requirements:
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Snyder, Guy C. and Evelyn E.
Valley Farms, Inc.
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Marlene G.
J. Cooke Wilson,
Snyder, Guy C. and Evelyn E.
Valley Farms, Inc.
State Highway Department
/RETURN
RECEIPT, REGIS
J space on
1..The jo'lowing service is requested (check one):
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(CONSULT POSTMASTER FOR FEES).
2
D. H. & A. K. Parkison
1227 Colo Ave.
Glenwood Springs,C0 81601
3. ARTICLE DESCRIPTION:
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Katharine Balcomb Morton
331 Park Drive
c Glenwood Spgs, CO 81601
2 3. ARTICLE DESCRIPTION'
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(CONSULT POSTMASTER FOR
Kenneth Balcolm
P. 0. Drawer 790
Glenwood Springs,C0
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2. a Scott Balcolm
Mark Balcolm
P. O. Drawer 790
Glenwood Spgs, CO 81602
3. ARTICLE DESCRIPTION:
REGISTERED NO.
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(CONSULT POSTMASTER FOR
H. F. Beattie
Box 8, Sunny Acres
Glenwood Spgs,CO 81601
3. ARTICLE DESCRIPTION:
REGISTERED NO.
3. ARTICLE DESCRIPTION:
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Mabel Dean Robinson
Box 364
Rifle, CO 81650
3. ARTICLE DESCRIPTION:
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Ruth Parkison
Box 698
Glenwood Spgs,CO 81601
3. ARTICLE DESCRIPTION:
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2. AE Leonard E. Rippy
2418 Lake Avenue
Glenwood Spgs, CO 81601
3. ARTICLE DESCRIPTION:
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2. ART'," t •nnoteern r
J. Cooke Wilson,Jr.
5000 Longmont #11
Houston, TX 77056
3. ARTICLE DESCRIPTION:
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RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED—
NOT FOR INTERNATIONAL MAIL
(See Reverse)
Valley
Box
Silt,
Farms, Inc,_,
248
CO 81652
POSTAGE
$
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(CONSULTPOSTMASTER FOR FEESjis,
2. ARrI r"motet"' Tn.
Marlene G. Swanson
2623 Mantilla Corte
Walnut Creek,CA 94598
3. ARTICLE DESCRIPTION:
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z. Guy C. & Evelyn E. Snyder
Route 1
Silt, CO 81652
3. ARTICLE DESCRIPTION:
REGISTERED NO. CERTIFIED NO
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(CONSULT POSTMASTER FOR FEES)
•
2' Colo. Highway Department I
4201 E. Arkansas I
Denver, CO 80222
3. ARTICLE DESCRIPTION:
REGISTERED NO
CERTIFIED NO,
I 0363Z/41
INSURED NO.
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CLERK'S
INITIALS
G CO. 1P711-272-3112
Ei,vircpweut, enc.
LARRY E. 0'BRIAN
PRESIDENT
April 28, 1981
Ms. Terry Bowman
Planning Office, Garfield County
2014 Blake Avenue
Glenwood Springs, CO 81601
9989 WEST 60TH AVENUE
ARVADA,COLORADO 80004
303-423-7297
Dear Ms. Bowman,
Re Loesch Pit - Mobile Premix Company
Application for Special Use Permit
The enclosed receipts represent proof of notification by certified
mail to landowners within 200 feet of the subject property. Note
that the receipt from Valley Farms, Inc. has not been returned;
therefore we have enclosed our mailing receipt dated April 16, 1981.
Please acknowledge receipt by signing in the appropriate space below
and returning one copy of this letter to this office.
Yours truly,
President
LEO:amo
Enclosures
RECEIPT
RECEIVED this day of , 1981, copies
of receipts for certified mail notice to landowners
in connection with the Loesch Pit.
GARFIELD COUNTY PLANNING OFFICE
By
COLORADO DEPARTMENT OF HEALTH
Water Quality Control [\`.vision
4210 East 11th Avenue
Denver, Colorado 80220
TYPE OF PERMIT:
SIC NO.:
LOCATION:
CONTACTS:
ti
SUMMARY OF RATIONALE
MOBILE PREMIX COMPANY - LOESCH PIT
PERMIT NUMBER: CO -0038423
GARFIELD COUNTY
Major Industrial - New
1442
The South z of Section 7, Township 6 South, Range 92 West.
East of Rifle, Colorado.
M. C. Wentworth/ John Hickman
621 17th Street, 1st National Bank, Suite 2000
Denver, CO 80293
(303)+893-2000/ 534-3165
RECEIVING WATER: Colorado River
CLASS:
B (Proposed: Class 1 Cold Water, Class 2 Recreation,
1
Water Supply, Agriculture)
An Effluent Limited Segment
DESIGN FLOW: 1500 GPM
FACILITY DESCRIPTION:
This is a new sand and gravel operation. Production
capacity will be 250 tons/hour. The pit could operate
12 months a year. Pit dewatering and gravel crushing
and washing will be involved. Two sedimentation ponds
will be used to control TSS, located on the eastern side
of the site area. These will be dredged as necessary.
One 1500 gpm pump will be used to dewater the working face.
Process water from the wash plant will be piped to the
treatment ponds. No chemicals will be used during
treatment. The permittee has requested that this be an
activity permit so that the discharge point may be moved
with the progression of the face approximately once per
year. Activity permit procedure is described on page 13
of this permit. This operation is planned to be in
existence for at least 20 years. A flow monitoring
device will be required within 3 months (see page 14).
Fuel oil stored on the property will be set back from
the pit and a berm constructed to retain the maximum
possible spill.
COLORADO DEPARTMENT OF HEALTH
Water Quality Control Division
Summary of Rationale Page 2
PERMIT NO.: CO -0038423
LIMITATIONS AND RATIONALE:
Parameter Limitation Rationale
Flow (MGD) NA Monitor Only
Total Suspended Solids (mg/1) 25/45 Best Engineering Judgement
Oil and Grease (mg/1) 10 State Effluent Standards
pH (s.u.) 6.0-9.0 State Effluent Standards
In compliance with the "Regulations for Implementation of the Colorado Salinity
Standards Through the NPDES Permit Program", the permittee shall sample for salinity
in the wastewater effluent on a monthly basis until six samples have been analyzed.
Thereafter, monitoring shall continue on a quarterly basis. The Division will review
the first six months of data and determine if a waiver of numeric limitations can be
granted based on the salt -load to the river being less than one ton/day (or 350 tons/
year). If a waiver is not granted, then the permittee has an additional six months
to submit a report in accordance with the Salinity Regulations, addressing economic
feasibility of salt -removal.
This permit shall expire June 30, 1986.
David Brooks
June 30, 1981
New
Permit No. CO -0038423
County: Garfield
AUTHORIZATION TO DISCHARGE UNDER THE
COLORADO WASTEWATER DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of the Federal Water Pollution Control
Act, as amended (33 U.S.L. 1251 et. seq.; the "Act"), and the Colorado Water
Quality Control Act (25-8-101 et. seq., CRS, 1973 as amended)
Mobile Premix Company - Loesch Pit
is authorized to discharge from
their sand and gravel operation
located
in the South § of Section 7, Township 6 South, Range 92 West.
to
the Colorado River
in accordance with effluent limitations, monitoring requirements and other
conditions set forth in Part I, II, and III hereof.
This permit shall become effective thirty (30) days after the date of
receipt of this permit by the Applicant. Should the Applicant choose to
contest any of the effluent limitations, monitoring requirements or other
conditions contained herein, he must comply with Section 24-4-104 CRS 1573
and the Regulations for the State Discharge Permit System. Failure to
contest any such effluent limitations, monitoring requirement, or other
condition is consent to the condition by the Applicant.
This permit and the authorization to discharge shall expire at midnight,
June 30, 1986
Signed this day of
COLORADO DEPARTMENT OF HEALTH
Gary G. Broetzman
Director
Water Quality Control Division
5/81
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PART 1
Page 2 of 17
Permit No. CO -0038423
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ART I
Page 3 of 17
Permit No: CO -0038423
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Continued)
2. Monitoring Requirements
In order to obtain an indication of the probable compliance or
noncompliance with the effluent limitations specified in Part
I, the permittee shall monitor all effluent parameters at the
following required frequencies.
Effluent Parameter Measurement Frequency d/e/ Sample Type f/
Continuous or
Flow (MGD) Weekly Instantaneous
Total Suspended Solids
(mg/1) Monthly Grab
Oil and Grease (mg/1) Weekly Grab or Visual
pH (s.u.) Weekly Grab
Salinity Quarterly Grab
Self-monitoring samples taken in compliance with the monitoring requirements
specified above shall be taken at the following location(s): 001, the outfall from
the dewatering pump hose prior to mixing with the Colorado River.
d) Monitoring is required only during periods of discharge. If "no
discharge" occurs, this shall be reported at the specified frequency.
(See Part B.)
e) When the measurement frequency indicated is quarterly, the samples
shall be collected during March, June, September, and December if
a continual discharge occurs. If the discharge is intermittent, then
samples shall be collected during the period that discharge occurs.
f) See definitions, Part B.
g) Salinity shall be measured as Total Dissolved Solids (TDS) or electrical
conductivity where a satisfactory correlation with TDS has been established
based on a minimum of five (5) samples. Samples shall be taken at the
discharge point.
h) Salinity shall be sampled on a monthly basis until six samples have been
analyzed. Thereafter, monitoring shall continue on a quarterly basis.
Following submittal of the first six months of data, the Division shall
determine eligibility of a waiver of numeric limitations based on salt -
1 -31 loading. If a waiver is not granted, then the permittee has an additional
six months to submit a report addressing salt removal in accordance with
Regulations 3.10.0 - 3.10.5 and Appendix A.
PART I
Page 4 of 17
PERMIT NO: CO -0038423
B. MONITORING AND REPORTING
1. Representative Sampling
Samples and measurements taken as required herein shall be representative
of the volume and nature of the monitored discharge.
2. Reporting
Monitoring results obtained during the previous 3 months shall be
summarized for each calendar quarter and reported on applicable
discharge monitoring report forms (EPA Form 3320-1), postmarked no
later than the 28th day of the month following the completed quarter.
For example, for the 1st quarter (January, February and March) the
report would be mailed on or before April 28. If no discharge occurs
during the reporting period, "No Discharge" shall be reported.
Duplicate signed copies of these, and all other reports required
herein, shall be submitted to the Regional Administrator and the
State at the following addresses:
Colorado Department of Health
Water Quality Control Division
Monitoring & Enforcement Section
4210 East lith Avenue
Denver, Colorado 80220
3. Definitions
U.S. Environmental Protection Agency
1860 Lincoln Street - Suite 103
Denver, Colorado 80295
Attention: Enforcement - Permit Program
a. A "composite" sample, for monitoring requirements, is defined as a
minimum of four (4) grab samples collected at equally spaced two (2)
hour intervals and proportioned according to flow.
b. A "grab" sample, for monitoring requirements, is defined as a single
"dip and take" sample collected at a representative point in the
discharge stream.
c. An "instantaneous" measurement, for monitoring requirements, is defined
as a single reading, observation, or measurement using existing monitor-
ing facilities.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to regulations
published pursuant to Section 304 (h) of the Act, and Colorado State Effluent
Limitations (10.1.4), under which such procedures may be required.
5. Recording of Results
Fcr each measurement or sample taken pursuant to the requirements of this
permit, the permittee shall record the following information:
a. The exact place, date, and time of sampling;
b. The dates the analyses were performed;
c. The person(s) who performed the sampling;
3/31
PART I
Page 5 of 17
Permit No: CO -0038423
d. The person(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of all required analyses.
6. Calculations for all limitations which require averaging of
measurements shall utilize an arithmetic mean unless otherwise
specified.
7. Additional Monitoring by Permittee
If the permittee monitors any pollutant at the location(s) designated
herein more frequently than required by this permit, using approved
analytical methods as specified above, the results of such monitoring
shall be included in the calculation and reporting of the values
required in the Discharge Monitoring Report Form (EPA No. 3320-1),
or other forms as required by the Division. Such increased frequency
shall also be indicated.
8. Records Retention
All records and information resulting from the monitoring activities
required by this permit including all records of analyses performed
and calibration and maintenance of instrumentation and recordings
from continuous monitoring instrumentation shall be retained for a
minimum of three (3) years, or longer if requested by the Regional
Administrator or the State Water Quality Control Division.
1/81
PART I'
Page 6 of 17
Permit No. Co -0038423
C: SPILL PREVENTION AND CONTAINMENT PLAN
The permittee shall, within sixty (60) days after the effective date of this permit,
submit to the State Water Quality Control Division, a spill prevention and
containment plan, prepared by a professional engineer registered in the State
of Colorado. Plans shall include information and procedures for the prevention
and containment of spills of materials used, processed, or stored, at the
facility which could possibly be spilled and might have a visible or otherwise
detectable impact on the waters of the State. The plan should include but not
necessarily be limited to the following:
1. A historLof spills which have occurred in the three (3) years preceeding the
,effective'date of This perm i!The history shall include causation of the
spills and a discussion of preventive measures designed to prevent them
from reoccurring;
2. A description of the reporting system which will be used to alert responsible
facility management, the State Water Quality Control Division, the
Environmental Protection Agency, downstream water users, and local health
officials;
3. A description of preventative facilities (including overall facility plot)
which prevent, contain, or treat, spills and unplanned discharges;
4. A list of all materials used, processed, or stored, at the facility which
represent a potential spill threat to surface waters;
5. An implementation schedule for additional facilities which might be required
in (3) above, but which are not yet operational;
6. A list of available outside contractors, agencies, or other bodies which
could be utilized in the event of a spill in order to clean up its effects;
7. Provision for periodic review and updating of the contingency plan.
The foregoing provisions shall in no way render inapplicable those requirements
imposed by Section 311 of the Federal Water Pollution Control Act Amendments of 1972,
regulations promulgated thereunder, the Colorado Water Quality Control Act, and
regulations promulgated thereunder.
Nothing herein contained shall be construed as allowing any discharge to waters of
the State other than through the discharge points specifically authorized in this
permit. Nothing herein contained shall be construed as waiving any liability the
permittee might have, civil or criminal, for any spill.
If this facility has an approved spill prevention and containment plan now in effect,
please submit a copy of this plan with an update, if necessary.
2/2/77
aArt
PART II
Page 7 of 17
Permit No: CO -0038423
A. MANAGEMENT REQUIREMENTS
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms
and conditions of this permit. The discharge of any pollutant
identified in this permit more frequently than or at a level in
excess of that authorized shall constitute a violation of the permit.
Any anticipated change in discharge location, facility expansions,
production increases, or process modifications which will result
in new, different, or increased discharges or pollutants must be
reported by submission of a new NPDES application or, if such changes
will not violate the effluent limitations specified in this permit,
by notice to the State Water Quality Control Division of such changes.
Process modifications include, but are not limited to, the introduction
of any new pollutant not previously identified in the permit, or any
other modifications which may result in a discharge of a quantity or
quality different from that which was applied for. Following such
notice, the permit may be modified to specify and limit any pollutants
not previously limited.
2. Noncompliance
(A) Definitions
(i)
Upset: An exceptional incident in which there is unintentional
and temporary noncompliance wish technology-based permit
effluent limitations because of factors beyond the reasonable
control of the permittee.
(2) Bypass: The intentional diversion of waste streams from any
portion of a treatment facility.
(3)
Severe Property Damage: Substantial physical damage to property,
to the treatment facilities to cause them to become inoperable, or
substantial and permanent loss of natural resources which can
reasonably be expected to occur in the absence of a bypass. It
does not mean economic loss caused by delays in production.
(B) Notification
(1) If, for any reason, the permittee does not comply with or will be
unable to comply with any maximum discharge limitations or
standards specified in this permit, the permittee shall, at a
minimum, provide the Water Quality Control Division and EPA with
the following information:
a) A description of the discharge and cause of noncompliance
b) The period of noncompliance, including exact dates and times
and/or the anticipated time when the discharge will return to
compliance; and
c) Steps being taken to reduce, eliminate, and prevent recurrence
of the noncomplying discharge.
1/81
PART II
Page 8 of 17
Permit No: C0-0038423
2. Noncompliance (cont'd)
(2) The following instances of noncompliance shall be reported orally
within 24 hours from the time the permittee becomes aware of the
circumstances, and a written report mailed within five days of
the time the permittee becomes aware of the circumstances:
a) Any instance of noncompliance which may endanger health or
the environment
(3)
(L)
b) Any unanticipated bypass which exceeds any effluent limitation
in the permit
c) Any upset which exceeds any effluent limitation in the permit
(See Fed. Reg. Vol. 45, No. 98, 122.60 (h) for upset conditions)
d) Daily maximum violations for any toxic pollutants or hazardous
substances limited in PART I -A of this permit.
The permittee shall report all instances of noncompliance not
reported in "Notification", paragraph 2-(B)-(2) (above), at the
time discharge monitoring reports are submitted (EPA Form 3320-1).
The reports shall contain the information listed in "Notification"
paragraph 2-(B)-(1) (above).
Where the permittee becomes aware that it failed to submit any
relevant facts in a permit application, or submitted incorrect
information in a permit application or report to the Division,
it shall promptly submit such facts or information.
(C) Bypass
(1) The permittee may allow any bypass to occur which does not cause
effluent limitations to be exceeded, but only if it also is for
essential maintenance to assure efficient operation. No Division
notification is required, and this case is not subject to the
requirements in paragraphs 2-(C)-(2) through 2-(C)-(4), (below).
(2) If the permittee knows in advance of the need for a bypass, it
shall submit notice, if possible at least ten days before the
date of the bypass, to the Division and the Environmental
Protection Agency (EPA). The bypass shall be subject to
Division approval, and limitations imposed by the Division and EPA.
(3) For an unanticipated bypass, see the requirements listed in
"Notification", paragraph 2-(B)-(2), (above).
(4) Bypass is prohibited, and the Division may take enforcement
action against a permittee for bypass, unless:
a) Bypass was unavoidable to prevent loss of life, personal
injury, or severe property damage;
1/81
rART II
Page 9 of 17
Permit No: CO -0038423
2. Noncompliance (cont'd)
b) There were no feasible alternatives to the bypass, such as
the use of auxiliary treatment facilities, retention of
untreated wastes, or maintenance during normal periods of
equipment downtime. This condition is not satisfied if the
permittee could have installed adequate backup equipment to
prevent a bypass which occurred during normal periods of
equipment downtime or preventative maintenance; and
c)
The permittee submitted notices as required in
"Notification", paragraph 2-(B) (above).
3. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course
of treatment or control of wastewaters shall be disposed of in a manner such
as to prevent any pollutant from such materials from entering waters of the
State.
4. Facilities Operation
The permittee shall at all times maintain in good working order and
operate as efficiently as possible all treatment or control facilities
or systems installed or used by the permittee to achieve compliance
with the terms and conditions of this permit.
•
5. Adverse Impact
The permittee shall take all reasonable steps to minimize any adverse
impact to waters of the State resulting from noncompliance with any
effluent limitations specified in this permit, including such accelerated
or additional monitoring as necessary to determine the nature and impact
of the noncomplying discharge.
6. Any discharge to the waters of the State from a point source other than
specifically authorized is prohibited.
7. Reduction, Loss, or Failure of Treatment Facility
(A) The permittee shall, to the extent necessary to maintain compliance with
its permit, control production, or all discharges, or both until the
facility is restored or an alternative method of treatment is provided.
This provision also applies to power failures, unless an alternative
power source sufficient to operate the wastewater control facilities
is provided.
(B)
1/81
PART II
Page10 of 17
Permit No: CO -0038423
B. RESPONSIBILITIES
1. Right to Entry
The permittee shall allow the Director of the State Water Quality Control
Division, the EPA Regional Administrator, and/or their authorized repre-
sentative, upon the presentation of credentials:
(A) To enter upon the permittee's premises where a regulated facility or
activity is located or in which any records are required to be kept
under the terms and conditions of this permit;
(B) At reasonable times to have access to and copy any records required to
be kept under the terms and conditions of this permit and to inspect
any monitoring equipment or monitoring method required in the permit; and
(C) To enter upon the permittee's premises to reasonably investigate any
actual, suspected, or potential source of water pollution, or any
violation of the Colorado Water Quality Control Act. The investigation
may include, but is not limited to, the following: sampling of any
discharge and/or process waters, the taking of photographs, interviewing
of any persons having any knowledge related to the discharge, permit,
or alleged violation, and access to any and all facilities or areas
within the permittee's premises that may have any affect on the
discharge, permit, or alleged violation.
2. Duty to Provide Information
The permittee shall furnish to the Division, within a reasonable time, any
information which the Division may request to determine whether cause
exists for modifying, revoking and reissuing, or terminating this permit,
or to determine compliance with this permit.
3. Transfer of Ownership or Control
In the event of any change in control or ownership of facilities from which
the authorized discharges emanate, the permittee shall notify the succeeding
owner or controller of the existence of this permit by letter, a copy of
which shall be forwarded to the Regional Administrator and the State Water
Quality Control Division.
4. Availability of Reports
Except for data determined to be confidential under Section 308 of the Act
and Regulations for the State Discharge Permit System 6.1.8, all reports
prepared in accordance with the terms of this permit shall be available for
public inspection at the offices of the State Water Quality Control Division
and the Regional Administrator.
As required by the Act, effluent data shall not be considered confidential.
Knowingly making any false statement on any such report may result in the
imposition of criminal penalties as provided for in Section 309 of the Act,
and Section 25-8-610 C.R.S. 1973.
1/81
PART II
Page 11of17
Permit No: CO -0038423
5. Permit Modification
After notice and opportunity for a hearing, the permit may be modified,
suspended, or revoked in whole or in part during its term for cause including,
but not limited to, the following:
(A) Violation of any terms or conditions of this permit;
(B) Obtaining this permit by misrepresentation or failure to disclose
fully all relevant facts;
(C) A change in any condition which results in a temporary or permanent
reduction, elimination, addition or increase of the permitted discharge.
(Changes in water Quality Standards, control regulation or duly promulgated
plans would qualify as "a change in any condition.");
(D) This permit shall be modified, or alternatively, revoked and reissued, to
comply with any applicable effluent standard or limitation issued or approved
under sections 301(b)(2)(C), and (D), 304(6)(2), and 307(a)(2) of the Clean
Water Act, if the effluent standard or limitation so issued or approved:
(1) Contains different conditions or is otherwised more stringent than
any effluent limitation in the permit; or
(2) Controls any pollutant not limited in the permit.
The permit as modified or reissued under this paragraph shall also contain
any other requirements of the Act then applicable. -or-
(E) Changes and additions in control regulations.
6. Toxic Pollutants
Notwithstanding "Permit Modification", paragraph B-5 (above), if a toxic
effluent standard or prohibition (including any schedule of compliance
specified in such effluent standard or prohibition) is established under
Section 307(a) of the Act for a toxic pollutant which is present in the
discharge and such standard or prohibition is more stringent than any
limitation for such pollutant in this permit, this permit shall be revised
or modified in accordance with the toxic effluent standard or prohibition
and the permittee so notified.
7. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (A -2-(C)) and
"Reduction, Loss, or Failure of Treatment Facility", (A-7), nothing in this
permit shall be construed to relieve the permittee from civil or criminal
penalties for noncompliance. (See Fed. Reg. Vol. 45, No. 98, 122.60).
8. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any
legal action or relieve the permittee from any responsibilities, liabilities, or
penalties to which the permittee is or may be subject under Section 311 of the Act.
1/81
PART II
Page 12 of 17
Permit No: C0-0038423
9 State Laws
Nothing in this Permit shall be construed to Preclude the institution of any
legal action or relieve the permittee from any responsibilities, liabilities.
or penalties established Pursuant to any applicable State law or regulation
under authority preserved by Section 510 of the Act.
10. Permit Violations
Failure to comply with any terms and/or conditions of this permit shall
be a violation of this permit.
11. Property Rights
The issuance of this permit does not convey any property rights in either
real or personal property, or any exclusive privileges, nor does it authorize
any injury to private property or any invasion of personal rights, nor any
infringement of Federal, State or local laws or regulations.
12. Severability
The provisions of this permit are severable, and if any provisions of this
permit, or the application of any provision of this permit to any circumstance,
is held invalid, the application of such provision to other circumstances,
and the remainder of this permit shall not be affected thereby.
13. At the request of a permittee, the Division may modify or terminate a permit
and issue a new permit if the following conditions are met:
(A) The Regional Administrator has been notified of the proposed modifi-
cation or termination, and does not object in writing within thirty
(30) days of receipt of notification; and
(B) The Division finds that the permittee has shown reasonable grounds
consistent with the Federal and State statutes, and regulations for
such modification or termination; and
(C) Requirements of public notice have been met.
The filing of a request by the permittee for a permit modification, revokation
and reissuance, or termination, or a notification of planned changes or
anticipated noncompliance, does not stay any permit condition.
14. It shall not be a defense for a permittee in an enforcement action that it would
be necessary to halt or reduce the permitted activity in order to maintain
compliance with the conditions of this permit.
15. Signatory Requirement
All applications, reports, or information submitted to the Division shall be
signed and certified.
1/81
PART III
Page 13 of 17
PERMIT NO: CO -0038423
A. SPECIAL REQUIREMENTS
1. Not withstanding the provisions of PART II, paragraph A -I the permittee
shall submit a written request to the Colorado Water Quality Control
Division and the U.S. Environmental Protection Agency for designation of
discharge points. The designation of present discharge points"shall be
submitted to the Permits Section, Water Quality Control Division in not
more than 90 days following the effective date of this permit. New
discharge point designations shall be submitted in not less than 90 days
prior to the proposed time of discharge. The request shall be accompanied
by area maps which shall meet the specifications set forth below. Each
discharge point shall be numbered consecutively (001, 002, 003, etc.) and
designated on the map. The Division shall approve or deny proposed
discharge points in writing, or may in its discretion require that the
permittee accept different effluent limitations as a condition of approval
or submit a new permit application. Approval of additional discharge
points shall not constitute a permit modification, and no public notice
or hearing will be required, unless the WQCD, in its sole discretion
determines that the chance is significant.
2. Area maps shall be made from USGS topographical maps (7.5 or 15 -minutes
series) or other appropriate sources as approved by the Colorado Water
Quality Control Division. Each revised area map shall be 8-1/2 inches
by 11 inches and reproducible by rapid printing methods or as approved
by the Division. Where additional 8-1/2 x 11 maps are required to show
the area of operation, they shall be numbered and a key shall be shown
on the first map. The first map section shall have the company name,
mine/job name, address, and NPDES number clearly printed thereon. Also,
one line of latitude and one line of longitude shall be marked on each
map section. The area map(s) shall delineate the following, using the
graphics as indicated:
(A) Existing area of operation (Solid Outline)
(B) Existing point source . (Solid Triangle)
(C) The projected area of operation for the life
of the NPDES permit (Dashed Outline)
(D) The projected point source for Q
the life of the NPDES permit (Opened Triangle)
3. The permittee shall submit a written request to the Colorado Water Quality
Control Division and the U.S. Environmental Protection Agency to deactivate
a discharge point. The Division will grant or deny the request in writing.
The Division's decision will be based on whether grading of the disturbed
area has been completed to return the earth to the desired contour and
reclamation work has begun. If the request to deactivate is granted, the
point in question shall not be subject to any NPDES permit requirements.
Except for 001
2/81
3/81
PART III
Page 14 of 17
Permit No: CO -0038423
B. GENERAL REQUIREMENTS
1. The permittee shall not discharge after the expiration date of this
permit without authorization. In order to receive authorization to
discharge after the expiration date, the permittee shall, no later
than 180 days prior to the expiration date of this permit, submit a
new NPDES application and fees as required by the permit issuing
authority.
2. The permittee is required to submit an annual fee as set forth in
Section 25-8-502 C.R.S. 1973 as amended. Failure to submit the
required fee is a violation of this permit and will result in the
suspension of said permit and enforcement action pursuant to Section
25-8-601 et. seq., 1973 as amended.
3. Within sixty (60) days of the effective date of this permit, the
permittee shall file a statement with the Environmental Protection
Agency and the State Water Quality Control Division which shall
contain the names of the person or persons who are designated to
report conditions as noted in "Noncompliance", Part II, Section A,
Paragraph 2, and as referenced in "Oil and Hazardous Substance
Liability", PART It, Section 8, Paragraph 8. The permittee shall
continually update this list as changes occur at the facility.
4. Within three (3) months after the effective date of this permit, a
flow -measuring device shall be installed at all discharge points.
At the request of the Regional Administrator of the Environmental
Protection Agency or the Director of the State Water Quality Control
Division, the permittee must be able to show proof of the accuracy
of any flow -measuring device used in obtaining data submitted in
the monitoring report. The flow -measuring device must indicate
values within ten (10) percent of the actual flow being discharged
from the facility.
5. Discharge points shall be so designed or modified that a sample of
the effluent can be obtained at a point after the final treatment
process and prior to discharge to state waters.
PART III
Page 15 of 17
Permit No. C0-0038423
ADDITIONAL DEFINITIONS (Applies to Gravel Pits)
1. The term "point source" means any discernible, confined, and discrete
conveyance, including but not limited to any pipe, channel, ditch,
tunnel, conduit, well, discrete fissure, or container from which
pollutants are or may be discharged into waters of the State.
2. The term "discharge" means any addition of any pollutant or pollutants
to waters of the State, from any point source.
3. The term "10 -year, 24-hour precipitation event" means the maximum
24-hour precipitation event (usually indicated in inches) with a
probable reoccurrence interval of once in 10 years.
4. The term "deactivated point" means any location previously specified
as a permitted discharge point, where active mining and mining -
related activities have ceased and where reclamation has progressed
to a state judged sufficient to the Water Quality Control Division.
Any location having been identified and classified as a "deactivated
point" in writing shall be considered as such for permitting, monitoring,
and enforcement purposes.
PART III
Page 16 of 17
Permit No. CO -0038423
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PART III
Page 17 of 17
Permit No. C0-0038423
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FIGURE 2
LOCATION OF MOBILE PREMIX ,
,1^
LOESCH PIT —
(/ �. 30
370 Ow FEE1 266 R. 93 W. R. 92 W. 42'30" 268 (HUNTER MESA) 26;-
44 62
694462 I NW
t'
COLORADO
Richard D. Lamm
Governor
October 15, 1981
DEPARTMENT OF HEALTH
-114
SiyL NVT���
/876
CERTIFIED: 8813358
Mobile Premix Company -- Loesch Pit
%M. C. Wentworth/John Hickman
621 17th Street, 1st Nat'l. t3arik, Ste. 2000
Denver, CO 80293
Frank A. Traylor, M.D.
Executive Director
CERISE
DRI:I(H1I;S
VE,4 Q.,;I
FILE
RE: Final Permit, Colorado Wastewater Discharge Permit Number: CO -0038!423
Garfield County
Gentlemen:
Enclosed please find a copy of the permit issued under the Federal Clean
Water Act and Colorado Water Quality Control Act.
Issuance of this permit constitutes a final determination by the Division
of Administration of the Colorado Department of Health, in conjunction
with the U.S. Environmental Protection Agency and may be subject to
administrative review proceedings pursuant to the State Administrative
Procedure Act, including an adjudicatory hearing. You are advised to
consult this act and particularly to consult Sections 24-4-104, 24-4-105,
24-4-102(7), and 25-8-401, C.R.S. 1973 for more information. In
additions, the Regulations for the State Discharge Permit System contains
material that. is pertinent to any administrative review of the issuance
of this permit.
Your Waste Discharge Permit required that specific action be performed at
designated time. Failure to meet these requirements constitutes a
violation of this permit and can result in civil and/or criminal
action(s). Please read the permit very thoroughly.
1. All municipal and industrial facilities are required to submit
self-monitoring information. (PART 1.B. Monitoring and Reporting).
Frequencies and types of self-monitoring are summarized in PART I.A.
Effluent Limitations and Monitoring Requirements.
2. Monitoring and reporting requirements for feedlots are described in
PART I.A. Effluent Limitations and Monitoring_ Requirements (see 2.C.)
and in PART I.B. Monitoring and Reporting.
42.10 EAST rfi i -I AVENUE DENVER,COLORADO 80220 PHONE (303) 320--8333
COLORADO DEPARTMENT OF HEALTH
Water Quality Control Division
4210 East 11th Avenue
Denver, Colorado 80220
TYPE OF PERMIT:
SIC NO.:
LOCATION:
CONTACTS:
SUMMARY OF RATIONALE
MOBILE PREMIX COMPANY - LOESCH PIT
PERMIT NUMBER: CO -0038423
GARFIELD COUNTY
Major Industrial - New
1442
The South / of Section 7, Township 6 South, Range 92 West.
East of Rifle, Colorado.
M. C. Wentworth/ John Hickman
621 17th Street, 1st National Bank, Suite 2000
Denver, CO 80293
(303)+893-2000/ 534-3165
RECEIVING WATER: Colorado River
CLASS:
B (Proposed: Class 1 Cold Water, Class 2 Recreation,
Water Supply, Agriculture)
An Effluent Limited Segment
DESIGN FLOW: 1500 GPM
FACILITY DESCRIPTION:
This is a new sand and gravel operation. Production
capacity will be 250 tons/hour. The pit could operate
12 months a year. Pit dewatering and gravel crushing
and washing will be involved. Two sedimentation ponds
will be used to control TSS, located on the eastern side
of the site area. These will be dredged as necessary.
One 1500 gpm pump will be used to dewater the working face.
Process water from the wash plant will be piped to the
treatment ponds. No chemicals will be used during
treatment. The permittee has requested that this be an
activity permit so that the discharge point may be moved
with the progression of the face approximately once per
year. Activity permit procedure is described on page 13
of this permit. This operation is planned to be in
existence for at least 20 years. A flow monitoring
device will be required within 3 months (see page 14).
Fuel oil stored on the property will be set back from
the pit and a berm constructed to retain the maximum
possible spill.
COLORADO DEPARTMENT OF HEALTH
Water Quality Control Division
Summary of Rationale Page 2
PERMIT NO.: CO -0038423
LIMITATIONS AND RATIONALE:
Parameter Limitation Rationale
Flow (MGD) NA Monitor Only
Total Suspended Solids (mg/1) 25/45 Best Engineering Judgement
Oil and Grease (mg/1) 10 State Effluent Standards
pH (s.u.) 6.0-9.0 State Effluent Standards
In compliance with the "Regulations for Implementation of the Colorado Salinity
Standards Through the NPDES Permit Program", the permittee shall sample for salinity
in the wastewater effluent on a monthly basis until six samples have been analyzed.
Thereafter, monitoring shall continue on a quarterly basis. The Division will review
the first six months of data and determine if a waiver of numeric limitations can be
granted based on the salt -load to the river being less than one ton/day (or 350 tons/
year). If a waiver is not granted, then the permittee has an additional six months
to submit a report in accordance with the Salinity Regulations, addressing economic
feasibility of salt -removal.
This permit shall expire June 30, 1986.
David Brooks
June 30, 1981
New
Permit No. CO -0038423
County: Garfield
AUTHORIZATION TO DISCHARGE UNDER THE
COLORADO WASTEWATER DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of the Federal Water Pollution Control
Act, as amended (33 U.S.L. 1251 et. seq.; the "Act"), and the Colorado Water
Quality Control Act (25-8-101 et. seq., CRS, 1973 as amended)
Mobile Premix Company - Loesch Pit
is authorized to discharge from
their sand and gravel operation
located
in the South i of Section 7, Township 6 South, Range 92 West.
to
the Colorado River
in accordance with effluent limitations, monitoring requirements and other
conditions set forth in Part I, II, and III hereof.
This permit shall become effective thirty (30) days after the date of
receipt of this permit by the Applicant. Should the Applicant choose to
contest any of the effluent limitations, monitoring requirements or other
conditions contained herein, he must comply with Section 24-4-104 CRS 1973
and the Regulations for the State Discharge Permit System. Failure to
contest any such effluent limitations, monitoring requirement, or other
condition is consent to the condition by the Applicant.
This permit and the authorization to discharge shall expire at midnight,
June 30, 1986
Signed this \ day of
U C �\
COLO DO DEPARTMENT OF HEALTH
Gary ! Brbetzm
Dir for
Water Quality Control Division
5/81
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PART 1
N Page 2 of 17
Permit No. C0-0038423
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Fuge 3 of 17
Permit No: CO -0038423
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Continued)
2. Monitoring Requirements
In order to obtain an indication of the probable compliance or
noncompliance with the effluent limitations specified in Part
I, the permittee shall monitor all effluent parameters at the
following required frequencies.
Effluent Parameter Measurement Frequency d/e/ Sample Type f/
Continuous or
Flow (MGD) Weekly Instantaneous
Total Suspended Solids
(mg/1) Monthly Grab
Oil and Grease (mg/1) Weekly Grab or Visual
pH (s.u.) Monthly Grab
Salinity Quarterly Grab
Self-monitoring samples taken in compliance with the monitoring requirements
specified above shall be taken at the following location(s): 001, the outfall from
the dewatering pump hose prior to mixing with the Colorado River.
d) Monitoring is required only during periods of discharge. If "no
discharge" occurs, this shall be reported at the specified frequency.
(See Part B.)
e) When the measurement frequency indicated is quarterly, the samples
shall be collected during March, June, September, and December if
a continual discharge occurs. If the discharge is intermittant, then
samples shall be collected during the period that discharge occurs.
f) See definitions, Part B.
g) Salinity shall be measured as Total Dissolved Solids (TDS) or electrical
conductivity where a satisfactory correlation with TDS has been established
based on a minimum of five (5) samples. Samples shall be taken at the
discharge point.
h) Salinity shall be sampled on a monthly basis until six samples have been
analyzed. Thereafter, monitoring shall continue on a quarterly basis.
Following submittal of the first six months of data, the Division shall
determine eligibility of a waiver of numeric limitations based on salt -
1 -31 loading. If a waiver is not granted, then the permittee has an additional
six months to submit a report addressing salt removal in accordance with
Regulations 3.10.0 - 3.10.5 and Appendix A.
;RT I
Page 4 of 17
PERMIT NO: C0-0038423
B. MONITORING AND REPORTING
1. Representative Sampling
Samples and measurements taken as required herein shall be representative
of the volume and nature of the monitored discharge.
2. Reporting
Monitoring results obtained during the previous 3 months shall be
summarized for each calendar quarter and reported on applicable
discharge monitoring report forms (EPA Form 3320-1), postmarked no
later than the 28th day of the month following the completed quarter.
For example, for the 1st quarter (January, February and March) the
report would be mailed on or before April 28. If no discharge occurs
during the reporting period, "No Discharge" shall be reported.
Duplicate signed copies of these, and all other reports required
herein, shall be submitted to the Regional Administrator and the
State at the following addresses:
Colorado Department of Health
Water Quality Control Division
Monitoring & Enforcement Section
4210 East lith Avenue
Denver, Colorado 80220
3. Definitions
U.S. Environmental Protection Agency
1860 Lincoln Street - Suite 103
Denver, Colorado 80295
Attention: Enforcement - Permit Program
a. A "composite" sample, for monitoring requirements, is defined as a
minimum of four (4) grab samples collected at equally spaced two (2)
hour intervals and proportioned according to flow.
b. A "grab" sample, for monitoring requirements, is defined as a single
"dip and take" sample collected at a representative point in the
discharge stream.
c. An "instantaneous" measurement, for monitoring requirements, is defined
as a single reading, observation, or measurement using existing monitor-
ing facilities.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to regulations
published pursuant to Section 304 (h) of the Act, and Colorado State Effluent
Limitations (10.1.4), under which such procedures may be required.
5. Recording of Results
Fcr each measurement or sample taken pursuant to
permit, the permittee shall record the following
a. The exact place, date, and time of sampling;
5. The dates the analyses were performed;
c. Theperson(s) who performed the sampling;
the requirements of this
information:
"1RT I
ige 5 of 17
Permit No: CO -0038423
d. The person(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of all required analyses.
6. Calculations for all limitations which require averaging of
measurements shall utilize an arithmetic mean unless otherwise
specified.
7. Additional Monitoring by Permittee
If the permittee monitors any pollutant at the location(s) designated
herein more frequently than required by this permit, using approved
analytical methods as specified above, the results of such monitoring
shall be included in the calculation and reporting of the values
required in the Discharge Monitoring Report Form (EPA No. 3320-1),
or other forms as required by the Division. Such increased frequency
shall also be indicated.
8. Records Retention
All records and information resulting from the monitoring activities
required by this permit including all records of analyses performed
and calibration and maintenance of instrumentation and recordings
from continuous monitoring instrumentation shall be retained for a
minimum of three (3) years, or longer if requested by the Regional
Administrator or the State Water Quality Control Division.
1/81
2/2/77
C? SPILL PREVENTION AND CONTAINMENT PLAN
PART I
Page 6 of 17
Permit No. CO -0038423 ->
The permittee shall, within sixty (60) days after the effectiv_e.date of this permit,
submit to the State Water Quality Control Division, a spill prevention and
containment plan, prepared by a professional engineer registered in the State
of Colorado. Plans shall include information and procedures for the prevention
and containment of spills of materials used, processed, or stored, at the
facility which could possibly be spilled and might have a visible or otherwise
detectable impact on the waters of the State. The plan should include but not
necessarily be limited to the following:
1. A historLof spills which have occurred in the three (3)
seftective‘date-of This permit' The history shall include
spills and a discussion of preventive measures designed
from reoccurring;
2. A description of the reporting system which will be used
facility management, the State Water Quality Control Div
Environmental Protection Agency, downstream water users,
officials;
years preceeding the
causation of the
to prevent them
to alert responsible
ision, the
and local health
3.° A description of preventative facilities (including overall facility plot)
which prevent, contain, or treat, spills and unplanned discharges;
4. A list of all materials used, processed, or stored, at the facility which
represent a potential spill threat to surface waters;
5. An implementation schedule for additional facilities which might be required
in (3) above, but which are not yet operational;
6. A list of available outside contractors, agencies, or other bodies which
could be utilized in the event of a spill in order to clean up its effects;
7. Provision for periodic review and updating of the contingency plan.
The foregoing provisions shall in no way render inapplicable those requirements
imposed by Section 311 of the Federal Water Pollution Control Act Amendments of 1972,
regulations promulgated thereunder, the Colorado Water Quality Control Act, and
regulations promulgated thereunder.
Nothing herein contained shall be construed as allowing any discharge to waters of
the State other than through the discharge points specifically authorized in this
permit. Nothing herein contained shall be construed as waiving any liability the
permittee might have, civil or criminal, for any spill.
If thisfacility has an approved spill prevention and containment plan now in effect,
please submit a copy of this plan with an update, if necessary.
PART II
Page 7 of 17
Permit No: CO -0038423
A. MANAGEMENT REQUIREMENTS
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms
and conditions of this permit. The discharge of any pollutant
identified in this permit more frequently than or at a level in
excess of that authorized shall constitute a violation of the permit.
Any anticipated change in discharge location, facility expansions,
production increases, or process modifications which will result
in new, different, or increased discharges or pollutants must be
reported by submission of a new NPDES application or, if such changes
will not violate the effluent limitations specified in this permit,
by notice to the State Water Quality Control Division of such changes.
Process modifications include, but are not limited to, the introduction
of any new pollutant not previously identified in the permit, or any
other modifications which may result in a discharge of a quantity or
quality different from that which was applied for. Following such
notice, the permit may be modified to specify and limit any pollutants
not previously limited.
2. Noncompliance
(A) Definitions
(1)
Upset: An exceptional incident in which there is unintentional
and temporary noncompliance wish technology-based permit
effluent limitations because of factors beyond the reasonable
control of the permittee.
(2) Bypass: The intentional diversion of waste streams from any
portion of a treatment facility.
(3) Severe Property Damage: Substantial physical damage to property,
to the treatment facilities to cause them to become inoperable, or
substantial and permanent loss of natural resources which can
reasonably be expected to occur in the absence of a bypass. It
does not mean economic loss caused by delays in production.
(B) Notification
(1) If, for any reason, the permittee does not comply with or will be
unable to comply with any maximum discharge limitations or
standards specified in this permit, the permittee shall, at a
minimum, provide the Water Quality Control Division and EPA with
the following information:
a) A description of the discharge and cause of noncompliance
b) The period of noncompliance, including exact dates and times
and/or the anticipated time when the discharge will return to
compliance; and
c) Steps being taken to reduce, eliminate, and prevent recurrence
of the noncomplying discharge.
1/81
)ART II
Page 8 of 17
Permit No: C0-0038423
2. Noncompliance (cont'd)
(2) The following instances of noncompliance shall be reported orally
within 24 hours from the time the permittee becomes aware of the
circumstances, and a written report mailed within five days of
the time the permittee becomes aware of the circumstances:'
a) Any instance of noncompliance which may endanger health or
the environment
(3)
b) Any unanticipated bypass which exceeds any effluent limitation
in the permit
c) Any upset which exceeds any effluent limitation in the permit
(See Fed. Reg. Vol. 45, No. 98, 122.60 (h) for upset conditions)
d) Daily maximum violations for any toxic pollutants or hazardous
substances limited in PART I -A of this permit.
The permittee shall report all instances of noncompliance not
reported in "Notification", paragraph 2-(B)-(2) (above), at the
time discharge monitoring reports are submitted (EPA Form 3320-1).
The reports shall contain the information listed in "Notification",
paragraph 2-(B)-(1) (above).
(4) Where the permittee becomes aware that it failed to submit any
relevant facts in a permit application, or submitted incorrect
information in a permit application or report to the Division,
it shall promptly submit such facts or information.
(C) Bypass
(i)
The permittee may allow any bypass to occur which does not cause
effluent limitations to be exceeded, but only if it also is for
essential maintenance to assure efficient operation. No Division
notification is required, and this case is not subject to the
requirements in paragraphs 2-(C)-(2) through 2-(C)-(4), (below).
(2) If the permittee knows in advance of the need for a bypass, it
shall submit notice, if possible at least ten days before the
date of the bypass, to the Division and the Environmental
Protection Agency (EPA). The bypass shall be subject to
Division approval, and limitations imposed by the Division and EPA.
(3) For an unanticipated bypass, see the requirements listed in
"Notification", paragraph 2-(B)-(2), (above).
(4) Bypass is prohibited, and the Division may take enforcement
action against a permittee for bypass, unless:
a) Bypass was unavoidable to prevent loss of life, personal
injury, or severe property damage;
1/81
RT 11
Page 9 of 17
Permit No: CO -0038423
2. Noncompliance (coned)
b) There were no feasible alternatives to the bypass, such as
the use of auxiliary treatment facilities, retention of --
untreated wastes, or maintenance during normal periods of
equipment downtime. This condition is not satisfied if the
permittee could have installed adequate backup equipment to
prevent a bypass which occurred during normal periods of
equipment downtime or preventative maintenance; and
c) The permittee submitted notices as required in
"Notification", paragraph 2-(8) (above).
3. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course
of treatment or control of wastewaters shall be disposed of in a manner such
as to prevent any pollutant from such materials from entering waters of the
State.
4. Facilities Operation
The permittee shall at all times maintain in good working order and
operate as efficiently as possible all treatment or control facilities
or systems installed or used by the permittee to achieve compliance
with the terms and conditions of this permit.
•
5. Adverse Impact
The permittee shall take all reasonable steps to minimize any adverse
impact to waters of the State resulting from noncompliance with any
effluent limitations specified in this permit, including such accelerated
or additional monitoring as necessary to determine the nature and impact
of the noncomplying discharge.
6. Any discharge to the waters of the State from a point source other than
specifically authorized is prohibited.
7. Reduction, Loss, or Failure of Treatment Facility
(A) The permittee shall, to the extent necessary to maintain compliance with
its permit, control production, or all discharges, or both until the
facility is restored or an alternative method of treatment is provided.
(B) This provision also applies to power failures, unless an alternative
power source sufficient to operate the wastewater control facilities
is provided.
1/81
,ART II
Pagel() of 17
Permit No: CO -0038423
B. RESPONSIBILITIES
1. Right to Entry
The permittee shall allow the Director of the State Water Quality Control
Division, the EPA Regional Administrator, and/or their authorized repre-
sentative, upon the presentation of credentials:
(A) To enter upon the permittee's premises where a regulated facility or
activity is located or in which any records are required to be kept
under the terms and conditions of this permit;
(8) At reasonable times to have access to and copy any records required to
be kept under the terms and conditions of this permit and to inspect
any monitoring equipment or monitoring method required in the permit; and
(C) To enter upon the permittee's premises to reasonably investigate any
actual, suspected, or potential source of water pollution, or any
violation of the Colorado Water Quality Control Act. The investigation
may include, but is not limited to, the following: sampling of any
discharge and/or process waters, the taking of photographs, interviewing
of any persons having any knowledge related to the discharge, permit,
or alleged violation, and access to any and all facilities or areas
within the permittee's premises that may have any affect on the
discharge, permit, or alleged violation.
2. Duty to Provide Information
The permittee shall furnish to the Division, within a reasonable time, any
information which the Division may request to determine whether cause
exists for modifying, revoking and reissuing, or terminating this permit,
or to determine compliance with this permit.
3. Transfer of Ownership or Control
In the event of any change in control or ownership of facilities from which
the authorized discharges emanate, the permittee shall notify the succeeding
owner or controller of the existence of this permit by letter, a copy of
which shall be forwarded to the Regional Administrator and the State Water
Quality Control Division.
4. Availability of Reports
Except for data determined to be confidential under Section 308 of the Act
and Regulations for the State Discharge Permit System 6.1.8, all reports
prepared in accordance with the terms of this permit shall be available for
public inspection at the offices of the State Water Quality Control Division
and the Regional Administrator.
As required by the Act, effluent data shall not be considered confidential.
Knowingly making any false statement on any such report may result in the
imposition of criminal penalties as provided for in Section 309 of the Act,
and Section 25-8-610 C.R.S. 1973.
1/81
'ART II
Page l l of 17
Permit No: CO -0038423
5. Permit Modification
After notice and opportunity for a hearing, the permit may be modified,
suspended, or revoked in whole or in part during its term for cause including,
but not limited to, the following:
(A) Violation of any terms or conditions of this permit;
(B) Obtaining this permit by misrepresentation or failure to disclose
fully all relevant facts;
(c)
A change in any condition which results in a temporary or permanent
reduction, elimination, addition or increase of the permitted discharge.
(Changes in water Quality Standards, control regulation or duly promulgated
plans would qualify as "a change in any condition.");
(D) This permit shall be modified, or alternatively, revoked and reissued, to
comply with any applicable effluent standard or limitation issued or approved
under sections 301(6)(2)(C), and (D), 304(b)(2), and 307(a)(2) of the Clean
Water Act, if the effluent standard or limitation so issued or approved:
(1) Contains different conditions or is otherwised more stringent than
any effluent limitation in the permit; or
(2) Controls any pollutant not limited in the permit.
The permit as modified or reissued under this paragraph shall also contain
any other requirements of the Act then applicable. -or-
(E) Changes and additions in control regulations.
6. Toxic Pollutants
Notwithstanding "Permit Modification", paragraph 3-5 (above), if a toxic
effluent standard or prohibition (including any schedule of compliance
specified in such effluent standard or prohibition) is established under
Section 307(a) of the Act for a toxic pollutant which is present in the
discharge and such standard or prohibition is more stringent than any
limitation for such pollutant in this permit, this permit shall be revised
or modified in accordance with the toxic effluent standard or prohibition
and the permittee so notified.
7. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (A -2-(C)) and
"Reduction, Loss, or Failure of Treatment Facility", (A-7), nothing in this
permit shall be construed to relieve the permittee from civil or criminal
penalties for noncompliance. (See Fed. Reg. Vol. 45, No. 98, 122.60).
8. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any
legal action or relieve the permittee from any responsibilities, liabilities, or
penalties to which the permittee is or may be subject under Section 311 of the Act.
1/81
PART II
Page 12 of 17
Permit No: C0-0038423
9. State Laws
Nothing in this permit shall be construed to preclude the institution of any
legal action or relieve the permittee from any responsibilities, liabilities.
or penalties established pursuant to any applicable State law or regulation
under authority preserved by Section 510 of the Act.
10. Permit Violations
Failure to comply with any terms and/or conditions of this permit shall
be a violation of this permit.
11. Property Rights
The issuance of this permit does not convey any property rights in either
real or personal property, or any exclusive privileges, nor does it authorize
any injury to private property or any invasion of personal rights, nor any
infringement of Federal, State or local laws or regulations.
12. Severability
The provisions of this permit are severable, and if any provisions of this
permit, or the application of any provision of this permit to any circumstance,
is held invalid, the application of such provision to other circumstances,
and the remainder of this permit shall not be affected thereby.
13. At the request of a permittee, the Division may modify or terminate a permit
and issue a new permit if the following conditions are met:
(A) The Regional Administrator has been notified of the proposed modifi-
cation or termination, and does not object in writing within thirty
(30) days of receipt of notification; and
(3) The Division finds that the permittee has shown reasonable grounds
consistent with the Federal and State statutes, and regulations for
such modification or termination; and
(C) Requirements of public notice have been met.
The filing of a request by the permittee for a permit modification, revokation
and reissuance, or termination, or a notification of planned changes or
anticipated noncompliance, does not stay any permit condition.
14. It shall not be a defense for a permittee in an enforcement action that it would
be necessary to halt or reduce the permitted activity in order to maintain
compliance with the conditions of this permit.
15. Signatory Requirement
All applications, reports, or information submitted to the Division shall be
signed and certified.
1/81
PART III
Page 13 of 17
PERMIT NO: C0-0038423
A. SPECIAL REQUIREMENTS
1. Not withstanding the provisions of PART II, paragraph A -I the permittee
shall submit a written request to the Colorado Water Quality Control
Division and the U.S. Environmental Protection Agency for designation of
discharge points. The designation of present discharge points"shall be
submitted to the Permits Section, Water Quality Control Division in not
more than 90 days following the effective date of this permit. New
discharge point designations shall be submitted in not less than 90 days
prior to the proposed time of discharge. The request shall be accompanied
by area maps which shall meet the specifications set forth below. Each
discharge point shall be numbered consecutively (001, 002, 003, etc.) and
designated on the map. The Division shall approve or deny proposed
discharge points in writing, or may in its discretion require that the
permittee accept different effluent limitations as a condition of approval
or submit a new permit application. Approval of additional discharge
points shall not constitute a permit modification, and no public notice
or hearing will be required, unless the WQCD, in its sole discretion
determines that the chance is significant.
2. Area maps shall be made from USGS topographical maps (7.5 or 15 -minutes
series) or other appropriate sources as approved by the Colorado Water
Quality Control Division. Each revised area map shall be 8-1/2 inches
by 11 inches and reproducible by rapid printing methods or as approved
by the Division. Where additional 8-1/2 x 11 maps are required to show
the area of operation, they shall be numbered and a key shall be shown
on the first map. The first map section shall have the company name,
mine/job name, address, and NPDES number clearly printed thereon. Also,
one line of latitude and one line of longitude shall be marked on each
map section. The area map(s) shall delineate the following, using the
graphics as indicated:
(A) Existing area of operation (Solid Outline)
(B) Existing point source . (Solid Triangle)
(C) The projected area of operation for the life
of the NPDES permit (Dashed Outline)
(D) The projected point source for
the life of the NPDES permit (Opened Triangle)
3. The permittee shall submit a written request to the Colorado Water Quality
Control Division and the U.S. Environmental Protection Agency to deactivate
a discharge point. The Division will grant or deny the request in writing.
The Division's decision will be based on whether grading of the disturbed
area has been completed to return the earth to the desired contour and
reclamation work has begun. If the request to deactivate is granted, the
point in question shall not be subject to any NPDES permit requirements.
Except for 001
2/81
PART III
Page 14 of 17
Permit No: C0-0038423
B. GENERAL REQUIREMENTS
1. The permittee shall not discharge after the expiration date of this
permit without authorization. In order to receive authorization to
discharge after the expiration date, the permittee shall, no later
than 180 days prior to the expiration date of this permit, submit a
new NPDES application and fees as required by the permit issuing
authority.
2. The permittee is required to submit an annual fee as set forth in
Section 25-8-502 C.R.S. 1973 as amended. Failure to submit the
required feeds a violation of this permit and will result in the
suspension of said permit and enforcement action pursuant to Section
25-8-601 et. In., 1973 as amended.
3. Within sixty (60) days of the effective date of this permit, the
permittee shall file a statement with the Environmental Protection
Agency and the State Water Quality Control Division which shall
contain the names of the person or persons who are designated to
report conditions as noted in "Noncompliance", Part II, Section A,
Paragraph 2, and as referenced in "Oil and Hazardous Substance
Liability", PART It, Section B, Paragraph 8. The permittee shall
continually update this list as changes occur at the facility.
4. Within three (3) months after the effective date of this permit, a
flow -measuring device shall be installed at all discharge points.
At the request of the Regional Administrator of the Environmental
Protection Agency or the Director of the State Water Quality Control
Division, the permittee must be able to show proof of the accuracy
of any flow -measuring device used in obtaining data submitted in
the monitoring report.. The flow -measuring device must indicate
values within ten (10) percent of the actual flow being discharged
from the facility.
5. Discharge points shall be so designed or modified that a sample of
the effluent can be obtained at a point after the final treatment
process and prior to discharge to state waters.
3/81
PART III
Page 15 of 17
Permit No. C0-0038423
ADDITIONAL DEFINITIONS (Applies to Gravel Pits)
1. The term "point source" means any discernible, confined, and discrete
conveyance, including but not limited to any pipe, channel, ditch,
tunnel, conduit, well, discrete fissure, or container from which
pollutants are or may be discharged into waters of the State.
2. The term "discharge" means any addition of any pollutant or pollutants
to waters of the State, from any point source.
3. The term "10 -year, 24-hour precipitation event" means the maximum
24-hour precipitation event (usually indicated in inches) with a
probable reoccurrence interval of once in 10 years.
4. The term "deactivated point" means any location previously specified
as a permitted discharge point, where active mining and mining -
related activities have ceased and where reclamation has progressed
to a state judged sufficient to the Water Quality Control Division.
Any location having been identified and classified as a "deactivated
point" in writing shall be considered as such for permitting, monitoring,
and enforcement purposes.
Ui
W `.
FIGURE 1
SITE MAP - LOESCH PIT
PART III
Page 16 of 17
Permit No. CO -0038423
•
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PART III
Page 17 of 17
Permit No. CO -0038423
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FIGURE 2
LOCATION OF MOBILE PREMIX '
LOESCH PIT ,1A
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'66 R. 93 W. R 92 W :_ j': 268 (HUNTER MESA) 259
4462/ NW
MOBILE PREMIX
IVIRAIDALIV
IL
GARFIELD COUNTY, COLORADO
PiC April, 1981
Application for a
Mined Land
Reclamation Permit
PREPARED BY
ENVIRONMENT, INC.
9989 West 60th. Ave.
Arvada, Colorado 80004
(303) 423-7297
REGULAR (112) PERMIT APPLICATION
STATE OF COLORADO
'.ned Land Reclamation Board
..epartment of Natural Resources
1313 Sherman Street, Room 423
Denver, Colorado 80203 (303) 869-3567
Application for Mining and
Reclamation Permit, pursuant
to C.R.S. 1973, 34-32-101 et seq.
as amended
1
Name of operation
(Pit name)
Loesch Pit
2
Name of applicant/operator
Mobile Premix Company
3
Address/phone - local office
4
Address/phone - general office
P. O. Box 5183, T.A.
Denver, CO 80217 534-3165
5
Name and phone - person staff
members should contact
Permit: Larry E. O'Brian 423-7297
Operations: Jack Hurlburt 534-3165
6
Parent corporation, if applic-
able - name and address
Mobile Premix Concrete, Inc.
Rox 51R3,T.A.. Denver CO 80217
7
Owner(s) of record of affected
land - surface area
See Exhibit P
8
Owner(s) of substance to be mined
See Exhibit P
9
Source of legal right to enter
(see Exhibit 0, Affidavit)
10
Type of mine and substance to be
mined
Open pit, sand and gravel
11
General location and elevation
(Miles and direction from near-
est town and site elevation
2-3/4 miles SW of the
Town of Silt, Colorado
Elevation: 6360 feet * sea level datum
County
Garfield
13
Acreage of affected land
170.06 acres *
14
Application fee
$1 571
15
Present land use
Agriculture, pastureland, river bottom
16
Surrounding land uses
Agriculture, pastureland, river bottom,
mining
17
Proposed future land use
Private recreation and wildlife habitat
18
Other mining permits and opera-
tions in Colorado
See Exhibit N
19
No affect on lands described in
34-32-115(4)(f) CRS 1973 Rev.
True
20
Exhibits included
A through P
Map exhibits included
C, D1 and F, I and J
21
Notice requirements
(see Appendix)
22
Additional information
(see Appendix)
23 I hereby declare that all information presented in this application is true
and correct.
Operator MOBILE PREMIX COMPANY
Dated April 7 , 1981w /
)c
M. C. Wentworth
Title President
-1-
(legally authorized to
bind the operator)
TABLE OF CONTENTS
Page
Legal Desu Lption (Exhibit A) 2
Index Map (Exhibit 8) 3
A66ected Land Map (Exhibit C) 4
Mining Plan and Timetable (Exhibit V) 5
Mining Plan and Stages Map (Exhibit D-1) 13
Reclamation Plan and Timetable (Exhibit E) 74
Reclamation Map (Exhibit F) 23
Babettne Data:
Watch_ Rehouxcea (Exhibit G) 24
Wildlide (Exhibit H) 28
Seitz (Exhibit I) 29
Soi4J Map (Exhibit 1-1) 35
Vegetation (Exhibit J) 36
Vegetation Map (Exhibit J-1) 45
Ctimate (Exhibit K) 46
Additional Data:
Reclamation Coots (Exhibit L) 47
Local Gouvtnment Apphoval (Exhibit M) 49
Othex Mining Pehm.it6 and Openati,on4s in Colohado; Otheh Pvuntts
oh LLcenbe5 Requited (Exhibit N) 50
Sowtce o6 Legal Right to Entet (Exhibit 0) 51
OwwneJt 06 Recohd/Touchi.ng Landownem (Exhibit P) 52
Tha66ic 53
(Vateh. and Sanitation 54
Appendix:
Pubt i4hed Notice 55
Phoo6 o6 Publication 56
Notice to Touching Landownehs 57
Cehti6-Led Mai/ Receip:6 58
CehtL6icate o6 Secxetaxy 06 Cohpohaation 59
EXHIBIT A
LEGAL DESCRIPTION
Part of the 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
all of the SW/4 SE/4, Section 7; and part of
the NE/4 NE/4, NW/4 NE/4 and NE/4 NW/4, Sec-
tion 18, Township 6 South, Range 92 West,
6th Principal Meridian, Garfield County,
Colorado
-2-
56J>
I
EXHIBIT B - INDEX MAP
MOBILE PREMIX COMPANY
LOESCH PIT
Pant ob NE/4 SE/4, NW/4 SE/4,
SE/4 SE/4, NE/4 S(U/4, NW/4 SW/4,
SW/4 SW/4 SE/4 SW/4 and ao
. all
the SW/4 E/4 Sec. 7, and paha
a{ the NE/4 N/4 NW/4 NE//4 and
NE/4 NW/4, Sec. 78, T6S, R92IU,
6th P.M.. Ga46-Le.td Cauntu. Coto.
MINING PLAN AND TIMETABLE
exhibit V
EXHIBIT D
MINING PLAN AND TIMETABLE
Location. The affected land is located one-half mile
south and two and three-quarters miles west of Silt, Colorado.
In order to reach the property, one exits Interstate -70 at
Silt (Exit 97) and proceeds east on the south access road a
little less than one-half mile to a north -south road, thence
south about one-half mile to another east -west road, thence
west a distance of approximately 3.6 miles to an overpass
which crosses I-70. The affected land is just north of the
highway overpass (see Exhibit B, Index Map). It is the
operator's understanding that the highway department intends
to build an exit ramp to the overpass at this point. On the
new state highway map this exit is designated Exit 94. Such
an exit would give easy access to the Garfield County Airport,
which is less than one-half mile southwest of the overpass.
History. Approximately 170.06± acres are included in the
affected land which will be known as the Loesch Pit. In late
1980 the operator was granted an option to purchase the prop-
erty with the understanding that if the sand and gravel
deposit thereon was of commercial quality, the operator would
exercise the option. Tests were conducted in early 1981, and
the deposit was judged to be of a quality to warrant mining
development. A contract for purchase of the property by the
operator will be consummated by June 1, 1981.
Current Conditions. Map Exhibit C shows the outline of
the affected land, touching landowners, topography, hydrologic
-5-
EXHIBIT D (Cont'd)
factors and existing facilities. Map Exhibit I-1 depicts
current soil conditions and Map Exhibit J-1 depicts the
current vegetation on the affected land.
A tenant farmer now resides on the property. A farm-
house and several outbuildings are located in the southwestern
portion of the property owned by the operator, just south of
the affected land. The balance of the land is in use for
irrigated agricultural crops and for cattle grazing.
Geologic Setting. The affected land is located west of
the Grand Hogback Monocline on the eastern side of the
Piceance Basin. The surface area for miles around is covered
by the Tertiary Wasatch and Ohio Creek Formations. The Wasatch
Formation (Eocene and Paleocene) is variegated claystone, silt -
stone, sandstone and conglomerate with carbonaceous shale and
lignite near the base. The maximum thickness is about 5800 feet.
The Ohio Creek Formation (Paleocene) is a sandstone and con-
glomerate. Near the Town of Silt its thickness is 50 feet to
100 feet. The Colorado River has eroded these formations so
that riverbottom in the vicinity of the affected land is a little
over a mile wide. In this area Quaternary alluvial sand and
gravel of Holocene age have been deposited.
Test holes drilled on the affected land have encountered
sand and gravel deposits that vary from 6 feet to 21 feet in
thickness. Contour projections to the north lead us to
believe that sand thickness may be as great as 25 feet on
-6-
EXHIBIT D (Cont'd)
parts of the north side of the affected land. The average
thickness is expected to be about 18 feet.
Test holes also encountered overburden that varies in
thickness from 0.5 feet to 22 feet. This overburden over-
lays the alluvial sand and gravel. The area in the southwest
portion of the property, which contains overburden estimated
to be in excess of eight feet, was eliminated from the
affected land. There is simply too much overburden to be
moved in order to reach too little sand and gravel.
Beneath the sand and gravel the Wasatch -Ohio Creek
Formations are the bedrock and will provide a firm, fairly
even and smooth floor to the pit.
Soils and Overburden. There are four types of natural
soil on or adjacent to the site. These soils vary in depth
from zero to 18 inches. Of the 170.06± acres of affected land,
approximately 143.61± acres will become water area and 0.39±
acres will be roads. Thus, 26.061 acres will require revegeta-
tion. Sufficient quantities of salvageable soil will be avail-
able to resoil this 26.06± acres to a depth of 8 to 12 inches
(see Exhibit I for more details concerning soils). A large
part of the soils on the property are so poor that they must
be segregated and spoiled with other waste materials so that
the good soils are not contaminated.
Estimates of insitu soils are based on the McArdle system.
High quality soils are estimated to be 230,707 yards. A
- 7-
EXHIBIT D (Cont'd)
maximum of 42,044 yards will be required to resoil the
affected land to be revegetated. Thus, excess soil is
estimated to be in the ratio of about 5.5 to 1.
If soils are to be stockpiled without disturbance for over
a year, a protective cover of Western Wheatgrass will be
planted during the first planting season after stockpiling.
The deeper material on the site is very gravelly and will be
excavated as aggregate source material.
Mining Plan. Mining will occur in seven stages so as to
minimize surface disturbances on the affected land at any one
time. Map Exhibit D-1 delineates the proposed mining stages,
the sequence of mining and estimated time duration of each
mining stage.
Mining will start in the northeast corner of the property
(Stage I, Exhibit D-1) and progress to the southeast part of
the affected land (Stage VI, Exhibit D-1). Stage P in the
south center of the area will be a site for the plant and
office complex which will exist throughout the life of the
mine. The final mining area will comprise approximately fifty
percent of Stage P after removal of the plant and office. A
processing plant area covering approximately 10± acres will
exist throughout the life of the mine. The processing plant
area may be moved five or six times during the life of the mine;
however, the 10± acres always will be included in the reclama-
tion cost estimate as a disturbed area.
-8-
EXHIBIT D (Cont'd)
Along the south property line on the eastern half of
the property, the affected land boundary was set back 150
feet. In addition, the excavation line was moved another
100 feet north. In the western part of the south property
line the affected land boundary was set back 250 feet to
900 feet (see Map Exhibit D-1). The excavation line in this
area is from 80 feet to 100 feet north of the affected land
boundary. On the east and west sides the property line is
the affected land boundary. The setback for excavation is
30 feet. On the north the property line is the affected land
boundary. Along the eastern part of the north side an irriga-
tion ditch parallels the property line. Its distance from the
operator's property varies. In this area the excavation line
has been set back at least 30 feet, or more if necessary, in
order to provide a buffer for the irrigation ditch of at least
50 feet. Along the west part of the north line the Colorado
River is near the affected land boundary; therefore, the
excavation line has been set back 100 feet.
The mine area is to be dewatered and excavated under semi-
dry conditions. Dewatering will be started prior to mining
and will continue throughout the life of the mine. (See
Exhibit G, Water Information, for more details.) An NPDES
permit will be obtained from the Department of Health.
Before mining begins in each stage, the existing soils
and overburden must be stripped, segregated and stockpiled.
Soil stockpiles will be established in perimeter areas and
-9-
EXHIBIT D (Cont'd)
in areas previously mined as requirements dictate. Stripping
ahead of the mining operation will be reduced as much as pos-
sible so as to minimize visual impact.
As the report on soils indicates (Exhibit I), much of
the current soil, especially in the northeast section of the
affected land, is not suitable for resoiling. Poor soils will
be used for backfill and will not be segregated from other
overburden. An excess of good soils will be available; there-
fore, no problem will be encountered by burying the poor soils.
After the soils and overburden are stripped, excavation
will be carried out by using front end loaders to remove the
sand and gravel. The material will then be transported to the
processing crusher. Equipment to be used may include, but is
not limited to, front end loaders, scrapers, a dragline, bull-
dozers, conveyors, dump trucks and a water truck.
As mining proceeds in Stages I through VI, the perimeter
bank slopes will be mined at 1 to 1 in most cases. As a result,
it will be necessary to backfill the perimeter areas to
establish 3 to 1 lakeshore slopes. Backfilling will follow as
closely as possible the mining of the perimeter areas.
The stockpiled overburden will be used as needed for fill
problem areas and to smooth the final grading. The stockpiled
overburden may also be used to create irregularities along the
shoreline to give the lake a more pleasing appearance. Map
Exhibit F, the Reclamation Map, does not indicate these irregu-
larities in shoreline because it is not now known the exact
-10-
EXHIBIT D (Cont'd)
tonnage of fill material that will be available or where it
will be available. Whatever amount of overburden is avail-
able as excess will be used for the creation of shoreline
irregularities.
Processing equipment may include, but is not limited to,
a low -profile plant consisting of a primary jaw crusher, roll
or cone crushers, screens, classifiers and conveyors. The
processing plant area will be 10t acres. The plant will be
reasonably portable. The first location will be in the north-
east and the final location will be on the southwest end of
the area. Equipment will be operated in compliance with state
air pollution standards. A Colorado Department of Health
Emissions Control Permit will be obtained.
This is a semi -dry operation and the operator expects
no unusual problem with fugitive dust. Water consumption for
dust suppression can only be estimated since the variables
of operating days, windy days, rainy or snowy days and number
of affected acres fluctuate drastically. Our best estimate
of annual water useage is 10 acre feet. In addition, it is.
expected that the wash plant will consume approximately 28
acre feet per year. Thus, total water useage is expected to
be approximately 38 acre feet per year. Necessary water will
be provided under water rights owned by the operator.
The area designated as the plant and office complex
will include a concrete batch plant, cement silos, fly ash
silos, a set of platform scales, material conveyors,
-11-
EXHIBIT D (Cont'd)
material hoppers, parking for bulk cement trucks and concrete
delivery trucks, a shop and parts building approximately
40 x 100 feet, an office building approximately 30 x 30 feet,
and parking and accessory areas.
Mining Timetable. Because of the uncertainty of current
economic conditions in the construction industry, accurate
forecasts over the next 27 -year period are nearly impossible.
Therefore, the operator has elected to estimate a mining
timetable based on an average year and expects a specific
year to vary widely from the average.
Mining Timetable
Loesch Pit
Mining Total Mined
Stage Years Acrest Acres±
I 4 - 6 12.18 10.80
II 4 - 6 26.68 25.94
III 4 - 6 35.80 30.16
IV 4 - 6 30.90 29.37
V 4 - 6 41.53 38.35
VI 1 - 3 17.77 13.85
P Life of 5.50 3.07
Mine
Total Affected
Land:
Average Annual
Tonnage
100,000
200,000
250,000
300,000
350,000
350,000
60,200
170.06 151.54
-12-
RECLAMATION PLAN AND TIMETABLE
exhibit E
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 of 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. It will be approximately 4,000 feet long in an east -
west direction and will vary in width north to south from 600
feet to 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 to encour-
age the growth of reeds and rushes and to create a desirable
habitat for water fowl. Location of these shallow water areas
-14-
EXHIBIT E (Cont'd)
is not definite at this time; however, it 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. It 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 available 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 mid-September and late October whenever possible.
-15-
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.
-16-
EXHIBIT E (Cont'd)
This operation will be carried out by dewatering the
sand and gravel deposit and mining under semi -dry conditions.
There will be some local disruption to the prevailing hydro -/e -''''
logic conditions during the life of the mine. The operator
will comply with applicable Colorado water laws and regjLa�-�
tions (as the operator understands them) governing injury to
existing water rights in order to minimize any disturbance
which might occur to the prevailing hydrologic balance of the
affected land 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 with 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
l
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 will be removed in sufficient
quantity to implement the reclamation plan. These topsoils
-17-
EXHIBIT E (Cont'd)
will be segregated and protected. If the topsoil is not
replaced on areas to 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
fertilizers. The plan is designed to create a vegetative cover
that is at least equal in extent to the cover of the natural
vegetation of the surrounding area. The use of species native
to the area will be included. Since the intended use of the
reclaimed land is a recreation area, the land will be restored
-18-
EXHIBIT 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 revegetation 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.
Revegetation Program. The revegetation program to be
implemented by the operator is detailed below. This plan is
excerpted from a report prepared by Mark A. Heifner of Oikos
Environmental Services and is based on his investigation of
soils and vegetation on the site (see Exhibits I and J).
1. Fertilizer. Soils will be tested carefully prior to
seeding. Samples will be collected from redeposited topsoil
and will be submitted to the soil testing laboratory at
Colorado State University. 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
-19-
EXHIBIT 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 1/4 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 Wheatgrass (Jose variety) 6
Alkali Sacaton 0.5
Fourwing Saltbush 1
Total 11.5
4. Mulch. This mixture does not require a mulch and, in
fact, 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 con-
trol will be avoided because the chemicals would kill the Four -
wing Saltbush.
7. Trees. Native species are expected to invade the
affected land. The operator does not intend to plant many
-20-
EXHIBIT E (Cont'd)
trees; however, some cottonwoods will be planted in a few
selected areas to improve final reclamation conditions.
8. Grazing. 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. Box 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-1 and F.
The phases correspond to the mining stages and are numbered
accordingly. Note that these are estimates only and that varia-
tions may occur.
-21-
EXHIBIT E (Cont'd)
RECLAMATION TIMETABLE
LOESCH PIT
Acres ±
Reclamation Revege-
Phase Years Total Water Road tation
I 4 - 6 12.18 9.88 0.00 2.30
II 4 - 6 26.68 24.81 0.00 1.87
III 4 - 6 35.80 26.96 0.00 8.84
IV 4 - 6 30.60 28.70 0.00 1.90
V 4 - 6 41.53 37.42 0.00 4.11
VI 1 - 3 17.77 13.18 0.39 4.20
P 3 - 4 5.50 2.66 0.00 2.84
Total Acres ± 170.06 143.61 0.39 26.06
-22-
BASELINE DATA
Wa.tek, witdlibe, amts,
vegetation, ctLma.te
EXHIBIT G
WATER RESOURCES
The Loesch Pit is located just south of the Colorado
River (see Map Exhibit C). Mamm Creek cuts the extreme
southwest corner of the property owned by the operator,
but at its closest point it is approximately 350 feet south-
west of the mining operation.
Three concrete ditches are channeled beneath I-70 to
supply water to a concrete ditch that follows the south
property line of the Loesch property. These ditches are
not on the affected land, although they do feed dirt -lined
irrigation ditches that supply water for crops at various
locations on the affected land. An irrigation ditch runs
parallel to and about 120 feet east of the east line of the
pit area. At the northeast corner it turns northwest and
west-northwest and joins the Colorado River about 1,800 feet
west of the east property line. The operator will maintain
a setback of at least 50 feet from this ditch. There are no
other waterways, canals, dams, reservoirs or wells on the
affected land.
The Loesch Pit is to be dewatered by pumping settled
water to the Colorado River under an NPDES permit to be obtained
from the Colorado Department of Health.
It is estimated that under normal conditions the pit will
operate 270 days per year 68 days of which are expected to be
summer days with dust suppression water useage at 20,000 gallons
per day. The balance of 202 days will be spring, fall and
winter days with maximum water useage expected to be 10,000
-24-
EXHIBIT G (Cont'd)
gallons per day. Thus, total water useage is estimated at
3,380,000 gallons per year, or 10.37 acre feet per year.
In addition, the wash plant will handle approximately
1,000 gallons per minute. Most is returned to a settling
pond and repeatedly recirculated. The operator estimates a
water loss varying between four percent and eight percent.
For the purpose of this estimate, the operator has used
seven percent; thus, consumptive use is approximately 70
gallons per minute, 9.072 million gallons per year, or
27.83 acre feet per year.
Total consumptive use for dust suppression and the wash
plant is expected to be 38.20± acre feet per year.
Purchase of the property includes 3 C.F.S. of irrigation
water from the Loesch-Crann Ditch. It is expected that a
change of use from agriculture to industrial will meet water
needs for the mining project now and in the future.
The effect of runoff water on surrounding lands will
not be a problem. Drainage will be into the pit area, not
away from the excavation. There may be small areas that are
exceptions. They will be ditched and the water will be
returned to the lake to prevent damage to other properties.
There will be no water used for reclamation. It is not
planned to irrigate the revegetated materials. Whenever pos-
sible, overburden materials will be used to backfill and
reduce water area.
The operator's intention is to minimize disturbances to
the prevailing hydrologic balance of the affected land and
-25-
EXHIBIT G (Cont'd)
of the surrounding area and to the quality and quantity of
water in surface and groundwater systems, both during and
after mining and during reclamation. The operator believes
it is in compliance with federal and state laws and regula-
tions governing water and water rights. There is no applica-
tion of the river dredge law or siltation structure removal
requirement.
It is not expected that this operation will cause measur-
able, material injury to senior water rights.
The lake created over the approximate 27 years of the
life of the mine will expand by stages as follows:
Mining Cumulative
Stage Years Lake Acres + Acres ±
I 4 - 6 9.88 9.88
II 4 - 6 24.81 34.69
III 4 - 6 26.96 61.65
IV 4 - 6 28.70 90.35
V 4 - 6 37.42 127.77
VI 1 - 3 13.18 140.95
P 1 - 2 2.66 143.61
At some time during the mining of this pit, the legisla-
ture may authorize the Division of Water Resources to require
augmentation of evaporative waters from the lake. If that
should occur, it is believed the operator owns sufficient
water rights to cover that contingency.
In late March of 1981, Mr. Kurt Wells, a professional
hydrologist, was retained to prepare a report concerning
-26-
EXHIBIT G (Cont'd)
the hydrology of the affected land. The report has not yet
been received by the operator, but it is not expected to
alter this exhibit materially. The report is expected to add
significant detail. If there are significant changes in the
details of this Exhibit G, an addendum will be filed by the
operator.
-27-
EXHIBIT H
WILDLIFE
A Wildlife Statement from the Division of Wildlife was
requested on March 26, 1981. The operator will keep the MLR
Staff advised of progress in obtaining the Wildlife Statement.
-28-
EXHIBIT I
SOILS
The following is a report prepared by Mark A. Heifner
of Oikos Environmental Services.
Soils on the Loesch Pit site are of average quality for
Colorado River bottomland areas. Soils low in salinity and/or
alkalinity are difficult to find along the Colorado River below
Kremmling, Colorado, and the further downstream one goes, the
more difficult it becomes. By the time Grand Junction is
reached, some degree of salinity and alkalinity must be expected
in all soils near the river. On this site, most of the soils
have some degree of salinity or alkalinity or both. Local areas
exhibit intensely saline/alkaline conditions and the larger
patches of these soils are identified on the soil map and dis-
cussed in the topsoil salvage section of the Reclamation Plan
(Exhibit E).
There are four major soils found on the site:
(1) Arvada loam, 1 to 6 percent slopes (map unit X33BC)
(2) Wann sandy loam, 1 to 3 percent slopes (map unit X3B)
(3) Halaquepts, nearly level (map unit SW)
(4) Heldt clay loam, 1 to 3 percent slopes (map unit 38B)
By far, the Wann sandy loam is most common on the site, followed
by nearly equal amounts of the Halaquepts and the Heldt clay loam.
The Arvada loam is least common. The following descriptions are
taken, in part, from Soil Conservation Service information and,
in part, from an intensive on-site survey. In general, the
-29-
l
i
i
EXHIBIT I (Cont'd)
SCS information was found to be applicable to the site and help-
ful in designing a topsoil salvage plan. The SCS soil map for
the area however was not found to be accurate at the scale
examined in the on-site investigation. In places large devia-
tions in soil boundaries and depths were readily identified
from surface appearance. This is due to differences in examina-
tion scale and not an inherent inaccuracy in the SCS data.
No chemical or textural data is available from the SCS or
other sources. However, plant species on the site clearly
indicate the more important chemical differences, and accurate
texture can be determined from the surface because most of the
soils have been extensively cultivated, thereby destroying much
of the horizon structure that once existed.
Wann sandy loam, 1 to 3 percent slopes (map unit X3B) -
Approximately half the area of the site is occupied by this
soil. It is deep and usually rather poorly drained even though
a sandy loam. It is derived from sandstone and shale. Permeabil-
ity is moderately rapid and available water capacity is high.
Although salinity and alkalinity is the second lowest of all
the soils on the site, the native vegetation still included
saltgrass, Alkali Sacaton and other species that exhibit
fairly high salt/alkali tolerance. On this site all of this
soil was cultivated at one time or another, and some of it is
currently under cultivation. Therefore, its original structure
has been totally lost because of plowing. Drill logs show an
average depth to gravel of about 3.5 feet with a range of 0.5
-30-
EXHIBIT I (Cont'd)
there are small, highly localized areas where saline and
alkaline conditions are found as evidenced by the presence of
saltgrass. However, such sites are few, small and highly dis-
persed. These tiny pockets of saline/alkaline soil appear to
be similar to the Arvada loam and may represent outliers of
that soil.
In most areas, 8 to 15 inches of soil could be salvaged,
but a few spots are very thin and stony where the gravel bed
approaches the surface or actually outcrops. These are small
and of little consequence.
Halaquepts, nearly level (map unit SW) - In the north-
eastern corner of the site is found a soil which should be
strictly avoided in any salvage operations. This is the
Halaquepts soil. Even the name indicates its terrible chemistry.
Hala indicates it is a saline soil, and quepts means it is
very wet. In the area where this soil occurs, salvageable
topsoil is actually in a minority quantity and for the most part
should be avoided completely.
The Halaquepts is a poorly -drained, salt -affected soil
that is highly variable in texture, depth and structure. The
upper two feet ranges from a loam to a clay. On this site the
depth ranges from 0.5 feet to as much as 7 feet, and the texture
can change from a gravelly sandy loam to clay in a matter of a
few feet horizontally.
About 10 percent of the area occupied by this soil is
severly alkaline and saline, even to the extent that Distichlis
stricta has a difficult time surviving. About 70 percent of
-32-
EXHIBIT I (Cont'd)
the area is moderately affected and the remaining 20 percent
is somewhat affected. None of the soil even approaches the
quality of the worst areas in the Wann sandy loam or the Heldt
clay loam.
One other aspect of this soil that makes it very poor for
salvage is a high degree of gleization. This phenomenon is
usually found in cold, tundra soils at high elevations or lati-
tudes. Furthermore, glei soils usually are not saline.
The Halaquepts, however, presents an interesting and unusual
combination of saline soil and locally intense gleization.
The glei character is caused by excessive moisture, poor aera-
tion andreduction of iron compounds to form a structureless,
highly compact, very sticky and even slippery layer at the base
of the solum. The glei layer maintains a semi -subirrigated
condition in the upper layers of the soil allowing salt and
alkali to transport by capillary action from lower layers to
the surface where, upon evaporation, it precipitates into a
white crust on the surface of the soil and stems of plants.
It should be apparent at this point that the Halaquepts
is a soil to be avoided and spoiled with other waste materials
in a fashion that will avoid any contamination of other soils.
Arvada loam, 1 to 6 percent slopes (map unit X33BC) - This
soil is located along the south boundary of the site and is not
nearly as extensive on this site as the SCS preliminary survey
shows. This is all for the better because this soil is only
a little better than the Halaquepts. Although it is well -drained
-33-
EXHIBIT I (Cont'd)
and does not exhibit the gleization of the Halaquepts, it is
a saline/alkaline soil in the top 3 to 6 inches. Below about
6 inches its chemistry improves somewhat, but organic matter
remains quite low. When planted with crops, it produces very
poorly unless it is intensely leached, and even then it needs
much added organic matter and sulphurous soil amendments.
Drill logs in this area indicate overburden depths of about
7 feet up to about 22 feet with most being in excess of 10 feet.
With such a deep overburden, it is unlikely the gravel under
this area would be mined. If it is mined, the soil should not
be saved as there should be more than enough from better areas
to meet the needs of topsoiling the lake banks.
-34-
EXHIBIT J
VEGETATION
The following is a report prepared by Mark A. Heifner
of Oikos Environmental Services.
Most of the vegetation units on the site of the Loesch
Pit are old field successional communities. Only a small
percentage of the area is occupied by native, well-developed
communities. As a consequence, destruction of important
native plant communities will not be of much importance.
On the other hand, the presence of disturbed communities
in various stages of succession provides a very great insight
into what species would be appropriate for reclamation, what
species will probably invade, and what problems might be
encountered in revegetation. In the Colorado River Valley it
is not at all uncommon that native communities greatly mask the
many problems often encountered in revegetation, problems
that are exceedingly difficult to anticipate. Areas such as
this site are ideal in revealing these hidden problems, for
the simple successional systems clearly reflect subtle but very
important differences, particularly in soil -plant relationships.
The vegetation can be divided into the following units:
I. Natural Communities:
A. Artemisia - Atriplex dryland (map unit AAd)
B. Typha - Phragmites - Distichlis wetland (map
unit TPDw)
C. Marginal bottomland forest (map unit Mbf)
II. Successional Communities:
A. Bromus dominated group (map unit Bdg)
B. Distichlis - Sporobolus - Atriplex group (map
unit DSAg)
D. Agropyron - Distichlis group (map unit ADg)
-36-
EXHIBIT J (Cont'd)
III. Transitional or Ecotonal Communities
A. Chrysothamnus stand (map unit CTs)
B. Salix stands (map unit Ss)
The following are descriptions of each type of vegetation.
Natural Communities.
A. Artemisia - Atriplex dryland - this community is very
sparsely represented on the site, although it was no doubt
the dominant community prior to the time when any cultivation
occurred. The community is identified visually by an abundance
of Artemisia tridentata (Sagebrush), many of which may be in
excess of six feet in height. Mixed in with the Sagebrush are
various amounts of Atriplex canescens, (Four -wing Saltbush).
Understory species include a number of grasses including
Agropyron smithii (Western Wheatgrass) grama grasses (Bouteloua
sp.), Distichlis stricta (Desert Saltgrass), and various forbs.
The numerical relationships between the Artemisia and the
Atriplex as well as the composition of the understory tend to
be strongly related to the chemistry of the soil. The more
saline and alkaline the soil, the more Atriplex and Distichlis
dominate the particular stand. Strongly alkaline and/or saline
soils produce almost pure stands of these species with Artemisia
occurring in very low quantity.
On this site, the few areas where this community is found
are dominated by Artemisia and less saline -tolerant under -
story species. The presence of Atriplex certainly indicates
some alkaline and saline conditions, but apparently it is not
severe enough to limit the Artemisia.
-37-
EXHIBIT J (Cont'd)
Cover in this community is about 60 percent, including
crown cover of the shrubs. Understory cover is highly vari-
able depending on the effects of shade, chemical growth
inhibitors from shrubs, and local soil texture and chemistry.
The community occurs on both the Halaquepts and the Arvada
loam soils. Atriplex is definitely stronger on the Arvada
loam which is more saline than the Halaquepts.
B. Typha - Phragmites - Distichlis wetland - This com-
munity is found in the narrow, sinuous depression that extends,
basically, from east to west across the middle of the site. It
is an exceedingly complex community that changes very dramatic-
ally with slight alterations in topography and soil moisture
content. A drop in elevation of less than six inches over per-
haps
pure
four
a 50 -foot distance
can alter the community from an almost
stand of Desert Saltgrass that is no more than three or
inches tall to an almost pure stand of the bamboo -like
Phragmites communis (Reed) that can be as tall as 10 to 12 feet.
As the elevation drops a few more inches, the Reed declines
rapidly and is replaced by Typha latifolia (Common Cattail) and
various other marsh plants. In this way the community changes
back and forth from domination by one species to domination by
another as the topographic configuration changes along the de-
pression.
The sides of the depression are generally occupied by Desert
Saltgrass, but even here, Cattails and Reeds can dominate
locally in response to slight changes in soil moisture content.
-38-
EXHIBIT J (Cont'd)
Because of this interesting relationship between the water
table and these species, they are all grouped into one commun-
ity. Using other criteria, the community could probably be
divided into at least three other communities. But, as is
explained in the reclamation recommendations, the grouped
definition is most workable in indicating expected successional
relationships during revegetation.
Cover in this community is usually in excess of 80 percent
and commonly is 100 percent or more. Only areas of open water
too deep for Cattails have a cover of less than 80 percent.
According to the SCS survey, the soils of this community
are not distinguished from surrounding soils. They obviously
are quite different. On this site the SCS survey indicates
it is part of the Wann sandy loam. However, on-site studies
indicate it is probably more closely related to the Halaquepts
as some evidence of gleization was seen in some small areas.
It is important to note that the Phragmites and Typha por-
tions of this community are both excellent wildlife habitat
for birds. Birds that commonly would be found using the area
would be Blackbirds, Marsh Wrens and various other songbirds.
Other birds would include members of the Rallidae and the
Anatidae. Therefore, the likelihood that this community
will invade the lake shores quickly and strongly is important
to the eventual ability of the site to support a diverse wild-
life community.
C. Marginal bottomland forest - Although there is no
-39-
EXHIBIT J (Cont'd)
true bottomland forest on the site, individuals of this com-
munity can be found. Once it may have occupied a fair por-
tion of the site long ago, but more likely the species of the
nearly riverbottom areas were never all that abundant. At
least there is very little evidence that such was the case.
Nearby "bottomland" areas similar in elevation to this site
do not show a true bottomland vegetation. It is more likely
the area was once dominated by sagebrush rather than by trees.
well
With a
as the
few exceptions, most of the tree -like species, as
trees, are confined to the edges of the depres-
sion where the Typha - Phragmites - Distichlis wetland is found.
The exceptions are single trees of Cottonwood and there are
only two of these. The species include Cottonwood, Willow, Box
Elder, a variety of Russian Olive, and Plum. The Cottonwood,
Willow and Box Elder are native, but the Russian Olive and Plum
were planted or arrived by escaping from cultivation. These
trees never form a grouping that could be called a forest form
and are more like hedgrows. The Russian Olive in particular
is abundant along fence lines indicating the seeds probably
arrived in
vegetation
It is not
bird droppings. Because it does not form a classic
community, no cover value can be applied sensibly.
characteristic of any particular soil type but
occurs where water is available or where fence lines have existed
for some time.
A few Russian Olive trees were planted in a very open,
scattered pattern in the northwestern part of the site. They
-40-
EXHIBIT J (Cont'd)
are not growing very well. Their age is unknown.
Successional Communities.
As a consequence of cultivation at different times in
different areas, several stages of old field succession can be
found on the site. However, the successional patterns are
not necessarily sequentially related, but show clear differ-
ences depending upon the amount of grazing that occurs and the
chemistry of the soil.
A. Bromus dominated group - This group, which is strongly
dominated by a Bromegrass, occurs on both the Arvada loam and
the Heldt clay loam. Under the influence of cultivation,
these soils are hardly distinguishable by the vegetation.
Both exhibit varying densities depending upon the amount of
grazing. The great difference in the nature of these
soils is not exhibited in the vegetation.
Other species found along with the Bromegrass include
Grindellia squarosa (Gumweed), Distichlis stricta (Desert Salt -
grass), and Agropyron elongatum (Tall Wheatgrass). Generally,
these other species exhibit a great local abundance in tiny,
widely -spaced areas.
Cover is highly variable. Where the area is temporarily
protected from grazing, the cover approaches an average of about
75 percent, but where grazing is very intense, cover can
decline to less than 20 percent over fairly large areas.
B. Distichlis - Sporobolus - Atriplex group - This succes-
sional group is found in areas of widely varying disturbance.
Where the disturbance is rather young, the vegetation is
-41-
EXHIBIT J ( Cont'd)
dominated generally by Sporobolus aeroides (Alkali Sacaton)
with Bromus sp. and Agropyron elongatum being subdominants. As
the time since disturbance increases, the Bromus and Agropyron
become much less apparent and the Sporobolus and Distichlis
become strongly dominant.
This pattern is also aided strongly by the degree of salt
and/or alkali in the soil. Highly alkaline and saline areas
develop dense turfs of Desert Saltgrass, and this often
blends into the more upland portions of the Typha - Phragmites -
Distichlis wetland.
Atriplex canescens becomes common in local areas where
saline/alkaline conditions are obvious and disturbance has not
occurred for a very long time. It is heavily browsed and
therefore in poor condition. It seems to be strongly asso-
ciated with Desert Saltgrass.
Cover in this group is quite variable as would be
expected in a strongly successional community. At its
lowest, it exhibits about 25 percent cover. Where saline soils
are strongly influential and Saltgrass dominant, cover ranges
from 80 percent to 100 percent.
The group occurs on both the Wann sandy loam and on the
Halaquepts soils. The most saline/alkaline conditions are
found on the Halaquepts soils, but local patches of saline/
alkaline soil can also be found in the Wann sandy loam.
C. Agropyron - Distichlis group - This group is a
fascinating and very important vegetation on the site. More
than any other, it indicates what can be done in revegetating
-42-
EXHIBIT J (Cont'd)
the majority of the area that will be affected. Dominated
by a dense growth of Tall Wheatgrass (Agropyron elongatum),
the area has the appearance of a tall grass prairie. In
places, the Tall Wheatgrass reaches a height of as much as
six feet, but usually is three to four feet. Because of its
low palatability, cattle do not eat very much of it, and
therefore it remains all winter, providing emergency food for
wildlife, a catchment for snowfall and protection from wind
erosion. Mixed with the Tall Wheatgrass is Desert Saltgrass,
Alkali Sacaton, and a small amount of Agropyron smithii
(Western Wheatgrass).
Cover in this group averages about 50 percent. Local
small areas of Saltgrass achieve 100 percent where salinity is
moderate to high. The 50 percent value does not sound like a
very high cover value, but the outstanding ability of this
tall bunchgrass to control erosion on level land to gentle
slopes produces an effective cover in excess of 80 percent. If
combined with a salt -tolerant, sod -forming grass like Western
Wheatgrass or Saltgrass, the final growth will control ero-
sion on even moderately steep slopes.
Tall Wheatgrass can be found on all soils that occur on
the site, but it appears to do best on the Wann sandy loam.
Transitional or Ecotonal Communities.
The two transitional or ecotonal communities listed
below are oddities in that they do not really represent
separate communities nor do they seem to be parts of existing
-43-
EXHIBIT J (Cont'd)
communities. It is possible they are remnants of previous
communities that have since been destroyed. What their ecologi-
cal position actually is presents quite a mystery. Fortunately,
they are rather rare on the site and of little importance, but
they could be important in the reclamation.
A. Chrysothamnus stand - In only one location is Chryso-
thanmus nauseosus at all common. It is a small patch cover-
ing perhaps 1,000 square feet in the extreme northwestern corner
of the site. It has an understory of wheatgrasses and saltgrass.
It probably is a remnant of a previous community.
B. Salix stands - In places throughout the site are found
heavily -browsed stands of willow. It appears to be the same
species found on the upper slopes of the depression area.
It appears they are invaders of certain sites where the sub -
irrigation water supply and soil texture is ideal for their
growth. They may also indicate a zone of soil gleization. In
some places they occur along obvious transition lines between
saline/alkaline soils and soils that are much less salt- or
alkali -affected. In other places, they occur where water seems
to collect or where slightly more gravelly soil conditions
exist. It can be assumed these willows will invade some of the
lake shore areas.
-44-
IRR
A,
SEP
4•::.4.
EXHIBIT K
CLIMATE
Data compiled at Rifle, the weather station closest to
the mining site, by the Colorado Climatology Office, Colorado
State University, appears below. Annual mean temperatures at
the location are 63.8 degrees maximum and 30.2 degrees mini-
mum. The annual precipitation mean is 11.3 inches.
RIFLE
05 7031 2
COLORADO CLIMATOLOGY OFFICE
COLORADO STATE Ut1IVEPSIT(
FT. COLLINS, CO. 80523
TEMPERATCRE I F1
PRECIPITATION !INCHES;
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7; 1f.= •• 44
90 OR
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52 OR
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QQ
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36.9
9.6
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:956
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-39.
:965
12
0.0
9.7
30.9
7.3
.91
.75
1069
27
9.9
20.
1952
9
3.1
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0.:
42.9
15.0
29.4
67.
1062
11
-32.
1951
I
0.0
3.2
27.7
2.6
.90
.59
1959
9
9.0
79.
2957
I
3.0
.1
0.0
51.6
22.2
36.9
75.
1053
29
-4.
1962
I
0.0
.7
29.5
.3
.75
.53
1953
30
3.9
10.
7952
2
2.6
.1
0.0
63.:
30.0
46.5
03.
1052
29
10.
1966
5
0.0
7.0
20.0
0.0
.04
.93
09559
27
1.0
2.
1966
19
2.9
.1
0.0
73.9
37.9
55.9
94.
1056
31
20.
1970
2
.6
0.0
5.6
0.0
.04
.75
1966
II
4.0
0.
0
0
2.7
.2
0.0
93.2
43.9
63.6
100.
1054
23
29.
1062
9
6.t
0.0
.9
0.0
.91
1.46
1960
24
0.0
0.
0
0
2.5
.4
.2
09.9
5:.4
7:.:
::I.
1954
11
33.
1960
I
00.0
0.0
..0
0.0
.01
.67
1970
7
0.0
0.
0
0
2.6
.5
0.0
06.7
49.3
60.:
99.
1050
12
31.
1960
17
13.9
0.0
.1
0.0
1.35
1.00
1952
27
0.0
0.
0
0
3.0
.4
0.0
0.4
39.0
51.6
90.
1954
I
23.
:971
26
1.9
0.0
3.9
0.0
1.02
.92
1070
5
.3
5.
1965
19
3.6
.6
0.0
67.9
3:.0
40.0
06.
1063
2
:2.
1970
20
0.0
0.3
20.7
0.0
1.20
7.95
1957
13
.3
3.
7969
12
3.0
.6
.I
52.1
2:.G36.:
7..
1052
1
-16.
195516
0.0
.827.4
.3
.96
.651970
7
4.9
10.
195430
2.9
.2
0.0
30.2
71.5
24.9
59.
1045
29
-27.
1962
26
0.0
6.5
30.5
4.7
1.03
1.42
1966
6
13.5
20.
1967
22
2.9
.3
.1
63.6
30.2
47.0
30.
20.
096.
15.
11.3
42.
35.
3.
0.
PRECIPITATION VEIN PNOHAHILITY EQUAL OR LESS THAN
PRIB,
LEVEL JAN FEO MAR
APR MANOV DCC ANNnAL
.05 : 1 Y JUN .JUL07 AUG SEP OCT N
:1; 1 ,IB ,118 .37 .050 .06 0 .23 0.1010 0,04 .32 .29 7,6J
0 •771 • 0 .48 .19 .5461 .�` .7S ,33 .13 .35 ::h :37 .43 .44 9,75
.40 .445 .53 .49 ,49 .47 92 .57 .15 .'s .77 �O tl
•50 j .65
.60
1.3
. 60
7.V0 .80B .4W .R1 711 .$.. .7A 6 .76 1.19 .Ni 7.04 i.0
.▪ 80 Ili
2 .10 .90 1.07 1.10 .99 1.5 1.26 1•49 1.04 1 75 2 91
,90 ] 2 I. S Ni.n ,44 t 89 ' .
.95 2.14 1.90 ,.41 1:39 1.90 L,44 1,76 2.6 7.28 2.54 ,.591 1.01 15.70
.77 1.61 2.45 1.63 2.23 3.24 2.90 3.17 1,b5 2.39 17.17
ALPHA 1.56 1.73 1.86 4.09 1.04 1.10 I 1.29 1. 60 2. 9 2.14 12,99
BETA .58 .46 .19 .20 .74 8 1.64 .72 T
9 0.00 0.00 0.00 0.00 0.00 0.00 .64 .00 .05 .79
0.00 0.00 .05 .05 0.00 0.00 0.00
AUEA f,5 L: n I?TRIR TTIDN FITTED 70 DATA
A0.P RN. Oter. P494 N1 RT 9t T4. PATI Ica/TOTAL
JN OF CIPITS IOVI An UNTO AWED INOICATOU/ ITT 14 N.5 OI moNTA4
MEDIAN PRECIPITATION AMOUNTS ANL' INDIDAItG AT 1MC .50 PR05AtlIL I1T LEVEL
-46-
ADDITIONAL INFORMATION
neckama.t.Lon co4.t4, local government
approval, o -then pehmtt4, bounce
ob Legal night .to enter,
landownen.a
EXHIBIT L
RECLAMATION COSTS
The total affected area involves 170.06± acres. When
reclamation is complete, there will be about 143.61± acres
of lake, 0.39± acres of road and 26.06± acres of revegetated
area. Of the seven stages to be mined, Stages V and VI are
the two consecutive stages with the largest area to be
revegetated. Also, they will require more backfill than any
of the other stages. In addition to these stages of dis-
turbance, Stage P will be disturbed throughout the life of
the mine. Finally, the processing plant site, a moveable
plant site comprising about 10± acres which may occupy five
or six locations during the life of the mine, must be
included in reclamation costs.
Reclamation
Grade & Revege-
Disturbance Backfill Rip Shape Resoil tate
Stage V 1.46 0.00 2.06 2.06 2.06
Stage VI 0.97 0.00 2.10 2.10 2.10
Stage P 0.37 2.84 2.84 2.84 2.84
Process Site 0.00 10.00 10.00 10.00 10.00
Total Acres ± 2.80 12.84 17.00 17.00 17.00
Our estimate of reclamation costs is based on the follow-
ing prices:
Grass seed mix, 11-1/2 lbs @ $1.70/lb.
Fertilizer (assumed; actual will depend
on soil analysis), nitrogen -phosphate
(18-46-0) @ $9.60/100 lbs.
Backfilling, 8 hrs/acre @ $45/hr.
Ripping compacted areas, 2 hrs/acre
@ $80/hr.
Grading and shaping, 4 hrs/acre @ $60/hr.
Resoiling and smoothing, 8 hrs/acre @ $45/hr
Seed drilling and fertilizing, 1.5 hrs/acre
@ $45/hr.
Labor, 16 man-hours/acre @ $6.50/hr.
Trees, 300 bare -root cottonless cotton-
woods @ $20/100
-41-
Cost/Acre
$ 19.51
9.60
360.00
160.00
240.00
360.00
67.50
104.00
60.00
Reclamation Estimate
Backfill
2.80* acres @ $360/acre
Revegetation
12.84± acres,
17.00± acres,
17.00± acres,
17.00± acres,
17.00± acres,
17.00± acres,
300 bare -root
EXHIBIT L (Cont'd)
ripping @ $160/acre
grading and shaping @ $240/acre
resoiling and smoothing @ $360/acre
grass seed @ $19.51/acre
fertilizer @ $9.60/acre
labor @ $104/acre
trees @ $20/100
Recommend bond be set at $16,000.00.
-48-
$1,008.00
2,054.40
4,080.00
6,120.00
331.67
163.20
1,768.00
60.00
$15,585.27
EXHIBIT M
LOCAL GOVERNMENT APPROVAL
In early April 1981 the operator made application to
Garfield County for a special use permit at the Loesch Pit
site. The operator will advise the MLR Staff of progress in
the granting of the permit and the county's approval of the
mining operation.
-49-
EXHIBIT N
OTHER MINING PERMITS AND
OPERATIONS IN COLORADO
None
OTHER PERMITS OR LICENSES
REQUIRED AT MINING LOCATION
1. Application will be made for an NPDES permit; the
operator does not foresee any problem in being granted such
a permit.
2. Application will be made for a Colorado Department
of Health Emission Control permit; the operator does not
foresee any problem in being granted such a permit.
-50-
SOURCE OF LEGAL RIGHT TO ENTER
STATE OF COLORADO
CITY AND COUNTY OF DENVER
EXHIBIT 0
ss. AFFIDAVIT
M. C. WENTWORTH, being first duly sworn upon oath, deposes
and says:
1. Affiant is President of Mobile Premix Company, a
Colorado corporation, and is empowered to act for and on behalf
of said corporation in all respects in connection with any
applications, petitions, contracts, correspondence, bonds or
activities with or before the Mined Land Reclamation Board
under the provisions of the Colorado Mined Land Reclamation Act.
2. The corporation is the holder of a Receipt and Option
Contract entered into December 31, 1980, with Air Rifle Invest-
ment, Ltd. under the terms of which the corporation will
exercise its right to purchase the subject property. The
Option also provides that a general warranty deed will be
delivered to the corporation on January 15, 1982, and further
provides that in the interim the corporation shall have full
access to the subject property. A copy of the Receipt and
Option Contract is on file and available for inspection at
the offices of the corporation in Denver, Colorado.
3. The corporation is legally empowered to enter upon
the subject lands and to conduct its mining operations for sand
and gravel.
M. C. Wentworth
SUBSCRIBED and sworn to before me this 7th day of April,
1981, by M. C. WENTWORTH, President of Mobile Premix Company,
a Colorado corporation.
(NOTARIAL SEAL)
-51-
& n_nru C. 21/01/4-217-1614
Notary Public
My commission expires:
May 2, 1983
EXHIBIT P
OWNER OF RECORD OF AFFECTED LAND -
SURFACE AREA AND SUBSTANCE TO BE MINED
Mobile Premix Company P. O. Box 5183, T.A.
Denver, Colorado 80217
TOUCHING LANDOWNERS
(to be notified by certified mail,
return receipt requested)
Donald H. Parkinson Glenwood Springs, CO 80601
Angela Parkinson Glenwood Springs, CO 80601
Scott Balcomb Glenwood Springs, CO 80601
Katharine Balcomb Morton Glenwood Springs, CO 80601
Mark Balcolm Glenwood Springs, CO 80601
Michelle Balcomb Glenwood Springs, CO 80601
Ruth Parkinson Glenwood Springs, CO 80601
Kenneth Balcomb Glenwood Springs, CO 80601
Leonard Rippey Glenwood Springs, CO 80601
H. F. Beattie Glenwood Springs, CO 80601
Guy Snyder Glenwood Springs, CO 80601
Colorado State Highway Department 4201 E. Arkansas Avenue
Denver, CO 80222
-52-
TRAFFIC
The operator expects the average traffic load during
peak periods to be approximately as estimated below:
10 aggregate trucks making six
round trips per day each
10 concrete mixer trucks making
5 round trips per day each
Other vehicles, 20 round
trips per day each
Total daily trips during
peak times 130 RT/day
Preliminary plans for access to I-70 have been prepared
by the Colorado Highway Department. Exit 94 (so designated
on the latest C.H.D. Travel Map) would open to traffic at the
overpass near the west end of the affected land. Traffic
could move either east or west on I-70, but it is expected
that the larger percentage of traffic would move west. Until
Exit 94 is opened, traffic from the pit will have to use
county roads on the south side of I-70 to reach exits at
either Rifle or Silt.
60 RT/day
50 RT/day
20 RT/day
-53-
WATER AND SANITATION
Potable water will be supplied by a bottling company
or tanked water will be hauled to the site. Portable
toilets will be located on the property.
-54-
1
NOTICE OF APPLICATION FILING FOR
A MINED LAND RECLAMATION PERMIT
Pursuant to the rules and regulations of the Colorado Mined
Land Reclamation Board and the Colorado Mined Land Reclama-
tion Act of 1976, H. B. No. 1065, notice is hereby given
that the Colorado Mined Land Reclamation Board will meet to
consider an application by Mobile Premix Company, 1590
West 12th Avenue, P. O. Box 5183, T.A., Denver, Colorado
80217, to conduct a surface mining operation for sand
and gravel on lands located in part of the 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 all of the SW/4 SE/4, Section 7, and part
of the NE/4 NE/4, NW/4 NE/4 and NE/4 NW/4, Section 18,
Township 6 South, Range 92 West, 6th Principal Meridian,
Garfield County, Colorado.
Mining and reclamation at this site will begin in 1981
and is estimated to be completed in 2008. The land will
be reclaimed for private recreation and wildlife habitat.
Additional information may be obtained at the offices of the
Mined Land Reclamation Division, 1313 Sherman Street, Denver,
Colorado 80203 (phone 303-866-3567), or at the office of the
Clerk and Recorder, Garfield County, Glenwood Springs,
Colorado.
Written objections to the application must be received at
the office of the Mined Land Reclamation Division no later
than 5 p.m. on the day of 1981.
First Publication:
Second Publication:
Third Publication:
Last Publication:
Published in:
MOBILE PREMIX COMPANY
Denver, Colorado
-55-
(Insert Proof of Publication of Notice)
-56-
NOTICE TO TOUCHING LANDOWNERS
(See list of addressees
in Exhibit P) CERTIFIED, RETURN
RECEIPT REQUESTED
Re Sand and Gravel Operation - Loesch Pit
Dear
Pursuant to the rules and regulations of the Colorado Mined
Land Reclamation Board and the Colorado Mined Land Reclama-
tion Act of 1976, H. B. No. 1065, notice is hereby given
that the Colorado Mined Land Reclamation Board will meet to
consider an application by Mobile Premix Company, 1590
West 12th Avenue, P. O. Box 5183, T.A., Denver, Colorado
and 80217, to conduct a surface mining operation for sand
gravel
SE/4, SE/4 lands located
NE/4dSW/4, NW/4fSW/4,N SW/4 S
NW/4SW/4,
SE/4 SW/4 and all of the SW/4 SE/4, Section 7, and part
of the NE/4 NE/4, NW/4 NE/4 and NE/4 NW/4, Section 18,
Garfield County, Colorado.
Township 6 South, Range 92 West, 6th Principal Meridian,
Mining and reclamation at this site will begin in 1981
and is estimated to be completed in 2008. The land will
be reclaimed for private recreation and wildlife habitat.
Additional information may be obtained at the offices of the
Mined Land Reclamation Division, 1313 Sherman Street, Denver,
Colorado 80203 (phone 303-866-3567), or at the office of the
Clerk and Recorder, Garfield County, Glenwood Springs,
Colorado.
Written objections to the application must be received at
than 5 p.m. on the
the office of the Mined Land Reclamation Division no later
day of
, 1981.
Yours truly,
MOBILE PREMIX COMPANY
M. C. Wentworth
President
-57-
(Insert certified mail receipts)
-58-
CERTIFICATE OF SECRETARY
I, R. I. EHRMAN Secretary of Mobile
Premix Company , a Colorado corporation, certify that on
the day of April , 1981, a special meeting of the
Board of Directors of the corporation was held at
Colorado, and that all of the members of said Board were present
and voting at such meeting. The following resolution was proposed,
seconded and unanimously adopted by the Board:
RESOLVED, that M. C. WENTWORTH , the __ President
of the corporation, is authorized to sign and execute for and
on behalf of the corporation all applications, reclamation
bonds, petitions, contracts, correspondence and any and all
other documents to be submitted to and filed with the Mined
Land Reclamation Board under the provisions of the Colorado
Mined Land Reclamation Act, Colorado Revised Statutes 1973,
as amended, Article 32; and
FURTHER RESOLVED, that M. C. WENTWORTH , the --
President of the corporation is authorized and empowered to
represent and act for the corporation in any capacity in
connection with any acts or activities with or before the
Mined Land Reclamation Board under the provisions of the
Colorado Mined Land Reclamation Act, and any action taken by
the said M. C. WENTWORTH , for and on behalf of the cor-
poration shall in all respects be considered the act of the
corporation; and
FURTHER RESOLVED, that M. C. WENTWORTH , the
President of the corporation is authorized to sign and exe-
cute for and on behalf of the corporation all applications
for zoning, rezoning, special use permits, conditional use
permits, special exceptions and any other forms required by
County or City government relating to the Corporation's
mineral extraction activities.
Dated this 7th day of April
, 19 81 .
Secretary
STATE OF COLORADO )
CITY AND ) ss.
COUNTY OF DENVER )
The foregoing was acknowledged, subscribed and sworn to before
me, a notary public, this 7th day of April , 1981
My commission expires:
May 2, 1983
(NOTARIAL SEAL) ,/�OG`jc7)01 C. (,2/;?Ci
Notary Public
-59-