HomeMy WebLinkAbout1.0 CorrespondenceSCHMUESER GORDON MEYER
ENGINEERS SURVEYORS
February 8, 2006
Mr. Ben Miller
Greg Lewicki & Associates
11541 Warrington Court
Parker CO 80138
C-LENWCC[ _ •, nC`_
I 18 W. 6TH. SUITE 200
GLENWOOD SPRINGS. CO 81601
970-945-1004
FX: 970-945-5948
RECEIVED
FEB 1 0 2006
GARt. =-LD COUNTY
BUILDING & PLANNING
RE: Watershed Permit Application
United Com anies Scott Ex ansion to the Chambers Pit
ASPEN
P.O. BOX 2155
ASPEN. CO 8161 2
970-925-6727
PX: 970-25-4157
CFE"EE E�-E
P.O. BOX 3088
CRESTED BUTTE. CO 8 224
970-349-5355
FX: 970-349.5358
Dear Ben:
The City of Rifle staff recently met to review the application for the Watershed Permit prepared
Pit". We reciate
by you for United Companies for they review regardingon nsproposalto the smbers . Your letter has appwered a
your letter responding to our prior 9a dingnal
number of questions the City had regarding the prposal'ose er, ad n iowe que that s became
o
apparent when reviewing the proposal. Upon a thewaitingto the point -by -point
e
proposal may change significantly and, therefore,
on the heels of respond
g additional bnformation
issues that you have addressed in our prior
that we are requesting in this letter.
a
inan
Specific information that you need to be aware13-2-20 f is thatt Spec fiche City'sa ly,tthe D a trC�ictd map fs
providthe City Clerk. When
es a definition of its jurisdiction in Section
referred to and is noted as being located lfor
ote that/thethe
DistOffice
r ct bouf ndaries extend directly north
reviewing the City's District map, you w approximate mid -point of Mining 3.
and south of the City's intake located north of the app approximately Areane-half of
Therefore, the and emir tothe of Mininy's Watershed g Area 2. We feel this informate are tiiion will likely after your
Mining Area 3 and the entirety
responses to our previous request for information and/or concerns and may change the
characteristics of your proposal.
Additionally, it is the City's position that the Scott Pit expansion nty s subj efore,ect to thepoeto quiremen t o
f
acquiring a Floodplain Special Use Permit from Garfield d in all
a review on the proposal as presented, the City wouadFloodplain Special Usevery much be ePermi valonlg with
the information required to be submitted to procurehe
County's specific approval, conditions of approval and/or modifications to the plan
necessary to acquire the Floodplain Special Use Permit.
ize
t
Attached is Section 6 of the County Floodplain Regulations, he regu a'tion bas ch we Iclallyl identif es theassert tareas
City's position in this regard. Under Section 6.03.02,lain
of land which are subject to the Floodplain Special Use rfield County,incColorado and the uone�porporatedlareas
Further, we have attached Panel 1354 of the Ga
Flood Insurance Study that identifies that a significant Colorado fi'on Rivef rthThee cott Expansion attached mapping the
Chambers Pit is identified in the floodplain of thein (FBFM), as well as the FIRM mapping.
identifies the Flood Boundary and Floodway Mapping
When reviewing the flood boundary and floodway map, you will note that significant portions of
the proposed activity are also proposed to occur inside the floodway of the Colorado River.
I.t199gt99055A\287\corresp\28.06 IV to Ben Mdler.tloc
• •
February 8, 2006
Mr. Ben Miller
Page 2
lain
Given this scenario, I call your attention to aection Under09 of 6.09t01(he 9) the prohibiFlood ted uses and ons
and., specifically Section 6.09.01 — Floodway.e
activities are listed in Sections A, B, C, D and
of the Mine Plan E. Given this IMapn of hwillCchange and plain
Regulations, we perceive that significant p
therefore, reviewing the application as presented
County Floodplain aRegueations aI a addt
with the
be a
premature activity until all aspects of the
application.
Secti
n
We would request, as previously stated, the Il�croachidentified
ments are acoceptable1wlouAd need
). The
technical evaluation, which would demonstrate that e
to be provided to the City. Additionally, with Regus laluation, we would expect to see that ations would ultimately show that this ll
other related aspects to the County Floodplain9
proposed mining activity would not have an impact to the Colorado River floodplain or floodway.
Upon your receipt and review of this letter, if you have any questions or comments, please don't
hesitate to call.
Sincerely,
SCH1ilIUESEI GQRDON MEYER, INC.
iI
Jeffereyr S. �Simpn
, P.E., C.F.M.
lec/99055A-287
Attachments
cc: Matt Sturgeon, Planning Director, w/o attach.
John Hier, City Manager, w/o attach.
Bill Sappington, Public Works Director, w/o attach.
Jim Neu, City Attorney, w/o attach.
Michael Erion, Resource Engineering, w/o attach.
Mark Bean, Garfield County
I:\ 1999\99055A\287‘corresp\28.06 le to Ben Miller.doc
COLORADO DEPARTMENT OF TRA PERMIT ERMIT APPLICATION II
STATERTATION
HIGHWAY ACCE
Instructions:
Please print
or type
Issuing authority application
acceptance date:
- Contact the Colorado Department of Transportation (CDOT) or your local government to determine your issuing authority.
- Contact the issuing authority to determine what plans and other documents are required to be submitted with your application.
- Complete this form (some questions may not apply to you) and attach all necessary documents and Submit it to the issuing authority.
- Submit an application for each access affected.
- If you have any questions contact the issuing authority.
- For additional information see CDOT's Access Management website at http://www.dot.state.co.us/AccessPermits/index.htm
1) Property owner (Permittee)
River's Edge, LLC - Bill Bailey
Street address
City, state & zip
E-mail address
Phone#
3) Address of property to be served by permit (required)
2) Agent for permittee (if different from property owner)
United Companies - Brent Kerr
Mailing address
2273 River Road/P.O. Box 3609
City, state & zip
Grand Junction, CO 81502
E-mail address if available
brent.kerr@ united-gj.com
4) Legal description of property If within jurisdictional limits of Municipality, city and/or County, which one?
100 1007 115
county lot section
subdivision block
Garfield I N/A
5) What State Highway are you requesting access from?
1-70 Frontage Road (Mamm Creek Road)
7) How many feet is the proposed access from the nearest mile post?
feet DN DSDE DW) from:
8) What is the approximate date you intend to begin construction?
April 2006
6) What side of the highway?
township
93W
Phone # (required)
(970) 243-4900
ON S DE DW
How many feet is the proposed access from the nearest cross street?
feet DN DSDEDW) from:
range
65
1
9 Check here if you are requesting a:
new access Eitemporary access (durationanticipatedal:
:f access
change in access use
10) Provide existing property use
) Dimprovement to existing access
Delocation of an existing access (provide detail)
st?
11) Do you have knowledge of any State Highway access permits serving this property, or adjacent properties in which you have aarprropee dinteres/27/04
Ono Oyes, if yes - what are the permit number(s) and provide copies: 304059
12) Does the propert owner own or have any interests in any adjacent property?
Dno yes, if yes -please describe: Please see attachments.
13) Are there other existing or dedicated public streets, roads, highways or access easements bordering or within the property?
Dno Oyes, if yes - list them on your plans and indicate the proposed and existing access points.
14) If you are requesting agricultural field access - how many acres will the access serve?
15) If you are requesting commercial or industrial access please indicate the types and number of businessses s andss provide the floor area square footage of eaceach.
business/land use square footage
Gravel Extraction
16) Ifou are requesting residential developement access, what is the type (single family, apartment, townhouse) and number of units?
y
type number of units type
17) Provide the following vehicle count estimates for vehicles that will use the access. Leaving the property
# of passenger cars and light trucks at peak hour volumes
55
Indicate if your counts are
Eloeak hour volumes or Daverage daily volumes.
# of single unit vehicles in excess of 30 ft.
71
# of farm vehicles (field equipment)
0
Previous editions are obsolete and may not be used
number of units
then returning is two counts.
# of multi unit trucks at peak hour volumes
72
Total count of all vehicles
198
Page 1 of 2 CDOT Form 4137 12/04
i) Check with the issuing authority to determine of the following documents are required to completfbeview of your application.
a) Property map indicating other access, bordering roads and streets. e) Subdivision, Posed nccons deoign. development plan.
b) Highway and driveway plan profile. ParcelroProposed
ownership maps including easements.
c) Drainage plan showing impact to the highway right-of-way. g) Traffic atudies.
d) Map and letters detailing utility locations before and after h) Proof ofs ownership.
development in and along the right-of-way.
ate agencies and obtain all environmental clearances that apply
1- It is the applicant's responsibility to contact approp 'n9lorado t System
to their activities. Such clearances may include Corps alEesource clearancesngineers 404 . s The Cor oDOT EnDvironmental C elarances
permits, or ecological, archeological, historical or cult
Information Summary presents contact information for agencies administering certain clearances, information about
prohibited discharges, and may be obtained from Rei web al CDOT
e htttili/tyw/SVVpW dot state co uslenvironal Use Permit offices raccessed via mental/Formstas�
he
CDOT Planning/Construction-Environmental-Guidancep 9
ty and
2- All workers within the State Highway right of way
salcomply ad Health with
Adm nlistratior ln (OSHA)eregulationshealth c�uding, but not
licies/
procedures, and all applicable U.S. OccupationalSafety
limited to the applicable sections of 29 CFR Part 1910 - Occupational Safety and Health Standards and 29 CFR Part 1926
- Safety and Health Regulations for Construction.
Personal protective equipment (e.g. head protection, footwear, high visibility apparel, safety glasses, hearing protection,
respirators, gloves, etc.) shall be worn as appropriate forthe exceNork t when)nntheirovehiclesnshall wear the following regulation.
personal
minimum, all workers in the State Highway right of way, p
protective equipment: High visibility apparel as specified in the Traffic Control provisions of the documentation
ad
accompanying the Notice to Proceed related 1997 standardermit s and at t a fmum, all construct/ISEA 107-1999, class ion on s tes or whenever there )cts danger of
protection that complies with the ANSI 289.1
injury to feet, workers shall comply with OSHA's PPE regquiree tins for ts offootANprIo ota tion per 29 CFR 1910.136, 1926.95,
and 1926.96. If required, such footwear shall meetq
Where any of the above -referenced ANSI standards have been revised, the most recent version of the standard shall
apply.
3- The Permittee is responsible for complying with the Revised defineC�traines versable sahat ble have
equiadopted by the rements and prescribe ss Board
under the American Disabilities Act (ADA). These guidelines
use of a defined pattern of truncated domes as detectable wamings at street crossings. The new Standards Plans and
can be found on the Design and Construction Project Support web page at:
<http://www.dot.state.co.us/DesignSupport/>, then click on Design Bulletins.
Ifr its use.
es in
use of the
access permit isissuedoto you,
the will
testate
and conditions listedconditions
on the permit may be considered the violation of the
permitted access not consistent
permit.
The ,that all declares under peedlon of thiseform and submitted atttacin the second hme is and a e to the other best of theirstate
knowledgel
laws, that all information proved
true and complete.
I understand receipt of an access permit does not constitute permission to start access construction work.
Print name
Applicant's signature
Date
cation also to be
ned
the
owner or
f the applicant ish not d eowner
representative property,orthr acceptable writteire this n evidence). This signature shall l cons itute agreement
their legally authorized p owner, in most
with this applicationlted as all the permittee. owners -of -interest unless stated in writing. If a permit is issued, the property
cases, will be
Property owner signature
Print name
Previous editions are obsolete and may not be used
Date
Page 2 of 2 CDOT Form #137 12/04
March 21, 2006
Ben Miller
Greg Lewicki & Associates, PLLC
11541 Warrington Court
Parker, CO 80138
Garfield County
BUILDING & PLANNING DEPARTMENT
RE: Special Use Permit request for an expansion to a Gravel Pit & Development in the 100 -
year Floodplain
Dear Mr. Miller,
As you are aware, on Monday, March 20, 2006, the Board of County Commissioners referred the
application for a Special Use Permit for "Extraction, Material Handling and Processing of Natural
Resource" for an expansion to an existing gravel pit in the AI zone district and a Floodplain Special
Use Permit for cut and fill in the floodway to the County Planning Commission for a
recommendation.
Staff has scheduled this request to be heard by the Planning Commission as a public hearing on their
regularly scheduled meeting date of May 10, 2006 at 6:30 PM. I have included the public notice
form which you are required to mail and publish according to the language below. In addition, I have
included a completed poster sign within this mailing. You will post this sign at the property
according to the language below regarding posting notice.
Please submit 18 copies of all the information you provided to Staff in your application so that we
may provide them to the Planning Commission for their review. (You may submit reduced copies of
all large plans.) Staff will need to have these copies by April 3, 2006. Please review the public
notice requirements below:
(1) Notice by publication, including the name of the applicant, description of the subject lot, a
description of the proposed use and nature of the hearing, and the date, time and place for the
hearing shall be given once in a newspaper of general circulation in that portion of the
County in which the subject property is located at least thirty (30) but not more than sixty
(60) days prior to the date of such hearing, and proof of publication shall be presented at
hearing by the applicant.
(2) Notice by mail, containing information as described under paragraph (1) above, shall be
mailed to all owners of record as shown in the County Assessor's Office of lots within two
hundred feet (200') of the subject lot and to all owners of mineral interest in the subject
property at least thirty (30) but not more than sixty (60) days prior to such hearing time by
108 8th Street, Suite 201, Glenwood Springs, Colorado 81601
(970) 945-8212 (970) 285-7972 Fax: (970) 384-3470
(3)
• •
certified return receipt mail, and receipts shall be presented at the hearing by the applicant.
The site shall be posted such that the notice is clearly and conspicuously visible from a public
right-of-way, with notice signs provided by the Planning Department. The posting must take
place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the
sole responsibility of the applicant to post the notice, and ensure that if remains posted until
and during the date of the hearing.
This public hearing will be held at the Garfield County Plaza Building in the Commissioners Room
on the first floor. The address is 108 8th Street, Glenwood Springs, Colorado 81601. I have enclosed
the appropriate notice and poster with this letter for the Planning Commission meeting as mentioned
above for your convenience. Please note, Staff has provided these documents to you as a courtesy.
The Applicant must verify that all information provided in these documents is correct. It shall be the
obligation of the Applicant to correct any deficiencies in these documents such that proper notice in
form and substance can be established.
Do not hesitate to contact this office in the event you have any questions.
Very truly yours,
Fred A. Jarman, AI T�
Assistant Planning Director
970.945.8212
Enclosure(s) Public Notice & Poster
2
• •
PUBLIC NOTICE
TAKE NOTICE that Rivers Edge, LLC & Rocks R Us, LLC have applied to the Planning
Commission, Garfield County, State of Colorado, to request a Special Use Permit for "Extraction,
Storage, Processing, and Material Handling of Natural Resources" for a Gravel Pit and cut and fill
within the 100 -year floodplain of the Colorado River in connection with the following described
property situated in the County of Garfield, State of Colorado, to -wit:
Legal Description: (Please see attached legal description of the property.)
Practical Description: The subject property is located just east of the main interstate intersection of
Rifle Colorado between the Colorado River and
Interstate 70.
Request: The Applicant specifically requests a
Special Use Permit for `Extraction, Storage,
Processing, and Material Handling of Natural
Resources" for a Gravel Pit operation on
approximately 53 acres. This activity also falls
completely within the 100 -year floodplain as
mapped by FEMA requiring an additional Special
Use Permit. The map to the right shows the location
of the property labeled `Site".
All persons affected by the proposed Special Use Permit are invited to appear and state their views,
protests or support. If you can not appear personally at such hearing, then you are urged to state your
views by letter, as the Planning Commission will give consideration to the comments of surrounding
property owners, and others affected, in deciding whether to grant or deny the request for the Special
Use Permit. The application may be reviewed at the office of the Planning Department located at 108
8th Street, Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado between the
hours of 8:30 a.m. and 5:00 p.m., Monday through Friday.
A public hearing on the application has been scheduled for the 10th day of May, 2006, at 6:30
PM, in the County Commissioners Meeting Room, Garfield County Plaza Building, 108 8th Street,
Glenwood Springs, Colorado.
Planning Department
Garfield County
LEGAL DESCRIPTION
Al] that part of Parcel: A and 13, hereinafter described, Northerly of tht Northerly
right of way line of Interstate 70 as desribrii in the rule and order recorded May 16,
1985 in Book 668 at Page 708.
PARCEL A
All of Lots 1, 2, 3 and 4 and the Est 232 feet of Lot 5,. all in the McLearn Orchard
Lands according to the map and dedication, Document No. 38435, in thc Clerk and
Recordes Office, Garfield County, Colorado, known as the First Filing thereof(said
Lots comprisepan of the 3E1/4, the SWI/4 and Lot 5 in Section 15, Township 6
South, Range 93 West, 6th P,M.
PARCEL B
The West 143 fest tfLot. 5 and all of Lots 6 through 11, inc)usive, in Sect:on 15,
Township 6 South, Range 93 West., 6th M., as plaud as the McLearn Orchard
Lands, First Filing, Document No, 38435.
PARCEL NO. 1
A tract of land situate in the SE1.4NW -1/4 and the SW1/4NE114 of Section 15.
Township 6 South, Kange 93 West, 6th P.M., more fully described as follows:
Beginning at a point whence the Meander Corner of the West Line D.!' said Section
15 hears: South 59°48' West 1555,1 ftet; thence North 200,00 feet thence Non
77°15East 250,00 feet; thence North 54'15 East g75.00 feet: thence South 88'30'
East 450.00 feet; thence North 7500' East 140.00 feet; thence South 7041' ast
404 40 ceet; thence South 980.00 feet; thence South 8555' West 170.00 feet; theme
South 7245' West 734.55 feet; ...hence North 41-2(y West 672.50 feet; thence Nprtts,
80'49' West 664.62 feet; thence South 5220' Wei 130.00 feet, to the POINT OF
PARCEL NO.
Beginning at the M
r Gorcer on the Ent line of said Section 15, thence South
87'10' Vint 1320,00 feet; thence South 8555' West 5341.88 feet.; thence North 9K.00
feet; thence North 87'13' East 535.00 feet; thence North 7202' East 1385.10 feet;
thencesouth '1330.00 feet, to the POINT OF BEGINNING.
•
MEMORANDUM
0
TO Board of County Commissioners
FROM Building and Planning Department, Fred Jarman
DATE March 20, 2006
RE
Referral of a Special Use Permit for "Extraction, Material
Handling and Processing of Natural Resource" for an expansion to
an existing gravel pit in the AI zone district and a Floodplain
Special Use Permit for cut and fill in the floodway
I. BACKGROUND
The Building and Planning Department received a Special Use Permit (SUP) application
for "Extraction, Processing and Material Handling of Natural Resource" specifically
intended for an expansion to the existing Chambers Gravel Pit in the AI zone district and
a Floodplain Special Use Permit for cut and fill in the floodway regulated by FEMA.
(The property is identified in dark gray on the map above.)
The Chambers Pit is located on a property north of the Colorado River and I-70 at the
State Highway 13 interchange just east of Rifle, CO formerly owned by Donald Scott but
• •
operated by United Companies of Mesa County. The subject application is to expand the
gravel pit extraction operations to a property south of the Colorado River directly west of
Lafarge's Manure Creek Pit on a property owned by Oldcastle S. W. Group, Inc. The size
of property permitted for the pit contains 119.8 acres. The expansion would add 52.6
acres for a total of 172.4 acres involved in the pit operations specific to the mining of
sand and gravel to be primarily used for road base, asphalt and concrete. The Chambers
pit is currently active and permitted by the State of Colorado Division of Minerals and
Geology as well as under a SUP from Garfield County. Several expansions have occurred
to the Chambers Pit over the last several years. Mining will include extraction of
resources below the water table and therefore the use of existing water will continue to be
an issue. This expansion is essentially a new pit operation.
Further, the entire extraction activity is proposed to occur within the floodway of the
mapped 100 -year floodplain and Watershed District for the City of Rifle. The cut -and -fill
in the floodplain requires approval of a Special Use Permit for the Board as well.
II. REQUEST
Section 9.03.04 of the Zoning Resolution of 1978, as amended requires that Special Use
Permit applications be initially brought to the Board so that the Board may determine if a
recommendation from the Planning Commission is necessary.
III. STAFF RECOMMENDATION
Due to the significant size of the expansion (increase of current operations by 44%),
environmental issues associated with wetlands and the riparian areas of the Colorado
River, significant visual impacts within the County's view shed as identified in the
Comprehensive Plan, impacts to the City of Rifle Watershed District due to its location
directly upstream from the City's water intake on the Colorado River as well as impacts
to their general planning areas identified in the City of Rifle's Comprehensive Plan, Staff
recommends the Board direct Staff to schedule a public hearing before the Planning
Commission in order to obtain a recommendation to the Board of County Commissioners.
• •
Introduction
The Chambers Pit, to the north of the Scott Expansion, was initially permitted in 1979 through
the Colorado Division of Minerals and Geology (CDMG) under Permit # M-79-205. The pit's
original reserves were mined out in the mid -to late '90's. The permit area was expanded in
1998 to include additional reserves. A portion of the permit area was released from bond in
2002. The additional reserves from the 1998 amendment are exhausted. The Operator, United
Companies of Mesa County, wishes to continue operations in the area. Additional reserves
have been located across the river from the current pit. The expansion will be covered by an
amendment to the Chambers DMG permit, however, the Scott Expansion will operate as an
independent pit from the Chambers site.
This separation of the two pits from the original plan is due to issues concerning the ownership
of the Rocks R Us parcel also know as the Bailey Pond. While no mining was planned on the
Rocks R Us parcel in question, an overland conveyor was planned to transport material from
the Scott Expansion to the Chambers Pit on the north side of the Colorado River. The
currently approved Colorado Division of Minerals and Geology (DMG) permit allows for
processing and sales to occur from both sides of the river. However at the time of submission
to the DMG and approval, the general intent was to process and sell a majority of the material
from the north side. Due to the removal of the conveyor crossing all material mined in the
Scott Expansion must be processed and sold from the south side of the river. This in effect
separates the two pits. The only connection remaining between the two pits is the DMG
permit. Mining has been completed in the Chambers Pit. Reclamation has begun on a
majority of the site with final slope work to be completed this spring. Once the Chambers pit
has been deemed adequately reclaimed, this area will be released from the permit leaving only
the Scott Expansion. The portion of the DMG permit which is on the Rocks R Us parcel is
currently being released from the overall permit area. This can be done immediately because
mining has not affected this portion of the permit area. Along with the request for a release of
permit area, the operational plan in the DMG permit will be modified under the filing of a
Technical Revision. The legal description of the permit submitted to the County and City will
reflect only the Scott Expansion. A revised DMG permit area description will be filed as part
of the technical revision and release. The release will split the overall permit area into two
independent closed areas. Because of the operational change, the Scott Expansion will be
presented to Garfield County and the City of Rifle as an isolated pit with no physical
interaction with the Chambers Pit. Once the most reclamation is complete at the Chambers
site, a revised worst case bond estimate will be submitted to the DMG for approval. The
enclosed Exhibit L reflects the bond reduction scenario to be filed this spring. The following
document reflects the new operational plan of a separate Scott Expansion and a closed
Chambers Pit.
2/28/2006 Page i-1
• •
Index Map
Exhibit B
Map B-1 is an index map which shows the general location of the site. Scale is 1 inch =
approximately 0.5 miles. All other maps are enclosed in Appendix B.
+ i R31i, u
Tsi=c.}tu;
i r�y
'.1
Scott Expansion
to Lbasbers P'it
a..
Map B-1 General Location
inset County 3
•
11/16/2005
Page B-1
1
NAY -..`.1 1.20 1 ::r.`aI3 bi414:?....C..1P2:J1.1!;::'
OFFICE OF THE STATE ENGINEER
Diair4en of Water Rem:rats
Deparment or Netural Re:iqurots
1373 Sherman Street, Room 819
Dene; Colorado 80203
Phone 003) R66-3581
FAX (303) 666-3585
vo w.wattar.stare.CA.US
NO. G, !i4
+303865564 �f-ima r.u02/00:, r -$E4
STATE OF COLORADO
May 11, 2005
Mr, Brent Kerr
United Companies
P2273 River Road; P.O. Box 3609
Grand Junction, Colorado 81602
Re: Sett Expansion of the Chambers Pit, Substitute Water Supply Plar1
DMG pile No. M-79-205
Section 15, T6 S, R93VV of the 61:" P. M.
Water Division 5, Water Distict 14
Dear Mr. Kerr;
Condition 8 has been modified to reflect that the annual total product reined at the Scott
Expansion of the Chambers Pit shall not exceed 300,000 tons per year (60,000 tons per year
above the water table and 240,000 torts per year below te water table). The remainder d the
approval is also restated below for Portvenierice.
This letter is in response to your application of June 15, 2004 requesting a substitute water
supply plan (SWSP) for a sand and gravel pit to be operated by the applicant, United Companies,
In accordance with 37-90-137(11) CRS. The Applicant shall be responsible for compliance with
this plan, but the State Engineers Office may also pursue the landowner, for eventual compliance.
The required fee of $1,343 for the substitute wafer supply plan has been paid.
The proposed plan anticipates a maximum year net depletion of 57,87 acre-feet for up
to 55.52 acres of exposed groundwater surface. Depletions from the mining of this proposed
operation will accrue to the Colorado River. Celt ripcords on the Colorado River show that out -
of -priority depletions generally occur only during the period form April 16 %rough October 31.
Ase result, the maximum anticipated out -of -priority depletions associated with this operation for
the approved period is 12.90 acre -feat. Even though the operator of this aggregate rninng
operation anticipates dry miring of the Scott Expansion of the Chambers Pit by dewatering, the
proposed plan accounts for evaporative depletions as if the excavation were not dewatered.
Because this is a new raining operation, no groundwater was exposed within the permit
boundary prior to January 1, 1981.
You have provided a rnonthty breakdown of the maximum annual depictions totaling
208.29 acre --feet of evaporative loss from a maximum of 55.52 acres of exposed groundwater,
1.86 acre-feet of water used and consumed for dust control, and 7.11 acre-feet of water lost
with the mined product. A phreatophyte credit of 159.39 acre-feet has been applied to this plan
based on the 17.64 acres of high-density growth willows and cottonwood trees and 23.86 acres
1. 2P.('.;OaPV•1EOMANiEE io NO, 634 P. c.
'� Salo a. +3039663589 T -'aa r,u03/06 F-589
Ms. Brent Kerr May 11, 2005
Scott Expansion of the Chambers Pit, Substitute Water Supply Plan Page 2
of medium -density growth willows and cottonwood trees that presently occupy this site.
Because the exposed groundwater associated with this mining operation is to be located less than
100 feet from the Coiorado River. all depletions to the river system are assumed to be
instantaneous.
The proposed source of replacement for this pit is the dry -up of 21.0 acres of historically
in igated land under the Last Chance Ditch, which was decreed for 60 cfs on May 5, 1888 with
an appropriation date of March 23, 1887. A total of 2t0 acres historically irrigated by 42 shares
in the Loesch and Crann Ditch Company will be dried up and made available to offset
depletions created by this operation. The 42 shares equate to 0.745 cfs. This amount is more
than adequate to offset the out -cif prtotity depletions to the Colorado River created by this
operation during the two years of this mining operation. The monthly depletions and
replacement requirements for a phased operation, beginning with Area 1, proceeding to Area 2,
then finishing in Area 3, oen be found on the attached table.
As required by Section 8 of Senate BUI 89-120, this substitute water supply plan has been
provided to an outside ccnsuitant for review. The consultant has recommended approval of the
plan by way of a draft of this letter. Based upon statutory requirements and the recommendations
of the consultant, I hereby approve the proposed substitute water supply plan in accordance with
Section §37-90.137(11), C.RS., subject to the following conditons;
1. unless otherwise revoked or modified, this plan shall be vafid through May 3, 2007.
if this plan will not be made absolute by a water court action by the plan's expiration
date, a renewal request must be submitted to this office with the statutory fee
(currently $217) no later than February 3, 2007.
2. A well perrnit must be issued for the gravel pit in accordance with Section §37-80--
137(2) and (11), C.RS prior to the exposure or use of groundwater. A well permit
application was submitted to this office under receipt no. 526122 and this application is
pending evaluation, until a gravel pit well permit is approved, consumptive use and
eocposure of groundwater on this site is prohibited. The provisions of §37-90-137(2)
C.R.S. prohibits the issuance of a permit for a well to be located within 600 feet of any
existing well, unless the State Engineer finds that circumstances so warrant after a
hearing held in acconience with the procedural rules in 2CCR402-5. This hearing may
be waived if you are able to obtain statements from the owners of all welts within 600
feet, verifying that they have no objection to your use of the proposed well. Should a
new wap permit be denied for reasons of 600 foot spacing, or any other legitimate
reason, approval of this suttute supply plan will be cancelled,
3. The total surface area of the groundwater exposed at the Scott Expansion of the
Chambers Pit must not exceed 55.52 acres during the approval period of this SWSP
and the maximum annual evaporative loss shall not exceed 20824 acre-feet
4. The annual total product mined at the Scott Expansion of the Chambers Pit shall not
exceed 300,000 tons per year (60,000 tons per year stove the water table and
240,000 tons per year below the water table). resulting in 7.11 acre-feet of water lost
with the mined aggregate and an additional 1.86 acre -feat of water lost due to dust
suppression.
,, re i? r NO. +6^4
1. 201+�,u • r;�..olo Di: i �•/•••1 byh P,F:
43638663588 -rvo r.u04/DG5 r-5Bi
Ms. Brant Kerr May 11, 2005
Scott Expansion of the Chambers Pit, Substitute Water Supply Plan Page 3
5. Total +assumption at the Scott Expansion of the Chambers Pit must not exceed these
aforementioned amounts unless 2n amendment is made to this plan.
4. Approval of this plan is for the purposes as stated herein. Any additional uses of this
water must first be approved by this office. Any future historic consumptive use
credits sought for this site (e.g., agricultural water transfer) must consider all
previous credits applied.
7. Ali pumping for dust control shall be measured in a manner acceptable to the
Division Engineer.
8, Replacement water is to be supplied bylfrom dry -up cf 21.0 acres of the Last Chance
Ditch, which was irrigated by 42 shares in the Loesch and Crann Ditch Company. The
42 shares equate to 0.745 cfs. A map of the dry -up area is attached.
9. The water attributable to the applicant's Last Chance Ditch shares muss continue to
be diverted in -priority at the ditch and than measured bark to the Coiorado River.
Adequate measuring devices acceptable to the water commissioner must be
installed.
10. The replacement water that is the subject of this plan cannot be sold or (eased to
any other entity. As a condition of subsequent renewals of this substitute water
supply plan, the replacement water must be appurtenant to this site until a plan for
augmentation is obtained. A copy of this approval letter should be recorded with tete
County Cleric and Recorder. All replacement crater must be concurrent with
depletions In quantity, timing and locations.
11. Adequate accounting of depletions and replacements must be provided to the
Division 5 Engineer in Glenwood Springs (Alan Marteilaro, P.C. Box 396, Glenwood
Springs, CO, 81602, 970-945-5665) and the District 45 Water Commissioner (James
R. Lemon, (5343 County Road 301, Parachute, CO. 81635, 970-625--2317) on a
monthly basis or other interval acceptable to both of them. The aecauniing provided
with your application is subject to modification and approval by the Division
Engineer. All amounts shall be in acre-feet
12. The name, mailing address, and phone number of the contact person who WI be
responsible for operation and accounting of this plan must be provided on the
accenting forms to the Division Engineer and Water Commissioner.
13_ Dewatering at this site will produce delayed depletions to the stream system. As bong
as the pit is continuously dewatered, tete water returned to the stream system should
be adequate to offset the depletions attribuieble to the dewatering operation. Once
dewatering at the Sita ceases, the delayed depletions must be addressed.
Accordingly. dewatering is required to continue during the term of this approval. At
least three years prior to completion of dewatering, a plan must be submitted that
specifies how the post pumping dewatering depletions (including refilling of the pit)
will lee replaced, in time, place and amount.
14.1f reciemation of the mine site produces a permanent water surface exposing
groundwater to evaporation. an application fora plan for augmentation must be filed
200F 1 v V1 l' Eu r,OIYIPL�rrc
VrI VVV
Ms. Brent Kerr
Scott Expansion of the Chambers Pit, Substitute Water Supply Plan
IiJ •�7 h3
*3038663589 i-ln: r.u05/006 x589
May 11, 2005
Page 4
with the Division 4 Water Court at least three years prior td the completion of mining
to include, but not be limited to, long-term evaporation Imes, If a lined pond restate
after reclamation, replacement of lagged depletions shall continue until tyre is no
longer an effect on stream flow. Granting of this plan does not imply approval by
ti -t office of any such court applieation(s),
15. This substitute water supply plan may be revoked or modified at any time should tt be
determined that injury to other water rights has or will occur as a mutt of this plan.
Should this substitute water supply pian expire without renewal or be revoked prior to
adjudimitioon of a permanent plan for augmentation, all excavation of product from
below the water table, and all other use of water at the pit, must cease immediate.
16. In accordance with amendments to §25-8-202(7), C.R.S,, and 'Senate Bill 89-181
Rules and Regulations" adopted on February 4, 1992, the State Engineer shalt
determine whether the substitute supply is of a quality to meet requirements of use
to senior appropriators. As such, mtsr quality data or analysis may be requested at
any time to determine if the water quality is appropriate for downstream water users.
17. The decision of the State Engineer shall have no precedential or evidentiary force,
shall not create any presumptions, shift the burden of proof, or serve as a clefense in
any pending water court case or any other legal action that may be initiated
concerning this plan. This decision shall not bind the State Engineer to act in a
similar manner in any other applications involving other plans, or in any proposed
renewal of this plan, and shall not imply concurrence with any findings of fact or
COnelusians of law contained herein, or with the engineering methodologies used by
the Applicant.
Please contact Craig Us of this office or Alan Martellaro, Division 5 Engineer, in Glenwood
Springs at (970) 945.5665, tf you have arty questions concerning this approval. We conclude that
approval of this substitute water supply plan does not imply a position by this office on any related
Iitigatip'i.
c:0;;;I(/::40/1%7c0e1,-
Assistant State Engineer
Enclosures: (See original approval letter)
cc: Alan Martetlaro, Division 5 Engineer
Jamas R. Lemon. Water Commissioner, Water District 45
Rebecca Nichols, RHN Water Resources Consultants, LLC
Gary Witt, Wright Water Engineers, Inc.
Scott Expansion Pit Approval Letter arriended.doc
` J kkk. 1. 2 - Oil 5 1 n 3 r''r CG!�P N!J i •T_7' btA- 'DI +336589 nar.ud2ldd;r
OFFICE OF THE STATE ENGINEER
Division of Water Rao;rres
Oepanment of NeGral Re.=ram
1373 Sherman Svee`4 Room 818
Denver. Colorado 801'03
Phone C303) 866.3561
FAX (30!) 366-3565
www-walar,smtezaUs
STATE OF COLORADO
May 11, 2005
Mr. Brent Kerr
United Companies
P2273 River Road; P.O. Box 3609
Grand Junction, Colorado 81602
Re: Scott Expansion of the Chambers Pit, Substitute Water Supply Pian
DIM Pile No. M -79-2Q5
Section 15, T6S, R93W of the 5th P.M.
Water Division 5, War District 14
Dear Mr, Karr;
Bill Owero
Gorerna
Rau c,,c,,7
F-waal.t Diracter
fiat Q SM,psor.• PE
Sone End et
Condition 8 has been modified to reflect that the annual total product mined at the Scott
Eversion of the Chambers Pit shaft not exceed 300,000 tons per year (60,000 tons per year
above the water table and 240,000 torts per year below the water table). The remainder of the
approval is also restated below for convenience.
This letter is in response to your application of June 15, 2004 requesting a substitute water
supply plan (SWSP) for a sand and gravel pit to be operated by the applicant, United Companies,
In accordance with 37-90-137(11) CRS. The Appfic:ant shall be responsible for compliance with
this plan, hut the State Engineer's Office may also pursue the landowner, for eventual compliance,
The required fee of 51,343 for the substitute, water supply plan has been paid.
The proposed plan anticipates a maximum year net depletion of 57.87 acre -fit for up
to 58.52 acres of exposed groundwater surface. Depletions from the mining of this proposed
operation Witt accrue to the Colorado River. Cali records on the Colorado River show that out -
of -priority depletions generally occur only during the period form April 16 ttaraugh October 31.
As a result, the maximum anticipated out -of -priority depletions associated with this operation for
the approver] period is 12.90 acre -font. Even though the operator of this aggregate mining
operation anticipates dry miring of the Scott Expansion of the Chambers Pit by deuratering, the
proposed plan accounts t for evaporative depletions as if the excavation were not dewatered.
Bemuse this is a new mining operation, no groundwater was exposed within the permit
boundary prior to January 1, 1981.
You have provided a monthly breakdown of the maximum annual depletions totaling
208.29 acre --feet of evaporative loss from a maximum of 55.52 acres of exposed groundwater,
1,86 acre-feet of water used and consumed for dust control, and 7.11 acre-feet of water lost
with the mined product. A phreatophyte Credit of 159.39 acre-feet has been applied to this plan
based on the 17.64 acres of high-density growth willows and cottonwood trees and 23,86 acres
4 P
iM7-1 '. 2:544 1 ,._..:01a DO E1),CJfv9F�:Uic
'rP VV11.V•
Ms. Brent Kerr
Scott Expansion of the Chambers Pit, Substitute Water Supply Plan
+3238663586
NO. 634 P. c
T-740 r.d3/005 F-589
May 11, 2005
Page 2
of mediumedertsi`ty growth willows and cottonwood trees that presently
Because the exposed groundwater associated with this miningp io occo be this site.
100 feet from the Colorado River, aft depletions to the river em are s e m located than
Instantaneous. system are assumed to be
The proposed source of replacement for this pit is the dry -up
ir; igated Iand under the Last Chance Ditch, which was d 5 of s2on May acres of 888 with
an appropriation data of Mardi 23, 1887. A total of 21.0 acres historically 5, 1468 shares
in the Loesch and Crann DitchCompany Y irrigated bye 42 shares
depletions created bythis will be dried up and made available to offset
operation. The 42 shares equate to 0.745 cis. This amount is more
than edegitete to offset the curt -of -priority depletions to the Colorado River
created operation during the two years of this mining operation. The monthlyby thea
replacement requirements for a phased operation, rde , pro a and
then finishing in Area 3, can be found on the attached table.
�� 1, proceeding to Area 2,
As required by Section 8 of Senate Bf1.30-120, this substitute
Provided to an outside consultant for review. The water supply pian has been
plan by way of a draft of this letter,c�nsulfant has rocorn and The d approval of the
of the consultant„ I heroby tip iter. Based statutory requirements the recommendations
Section X37-90.137(11), C.RS. subject
substitute water supply pian in accordance with
, bwct to the following cand;
1. Unless otherwise revoked or modified, this plan shall be valid through May 3, 2007.
If this plan will not be made absolute bya water
date, a renewal court action by the plan's expiration
(currently $217) February must
u submitted to this office with the statutory fee
�Y 3, 2007.
2. A welt pemut must be issued for the gravel pit in accordance with Section §37-9o.-
137(2) and (11), C.Rs prior to the exposure or use of groundwater. A well
application was submitted to this office under receipt no. 525122 and this Pon is
pending evaluation. Until a gravel pit well permit pedapplication d
exposure of groundwater on this site is protvbited. . consumptive use and
C.R.S. prohibits the issuance of a penrit for a well to be Prated within
ito37-90- of any
existing well, unless the State beefed within 600 feet after any
hearing held in accordance awteth Engineer finds that cpr umstances so warrant a
be ring K procedural rules in 2CCR402r5. This hearing may
feet,you are able to obtain statements from the owner's of all wells within 600
flew verifying that they have no of ection to your use of the proposed well. Should a
Perrnit be denied for reasons of 600 foot spacing, or any other legitimate
reason, approval of this substitute supply plan will be cancelled,
3. The total surface area of the groundwater exposed at the Scott Expansion of the
Chambers Pit must not exceed 55.52 acres during the approval
aridexceed 20t3.2
the maximum annual evaporative toss shalt not P of this SWSP
`a acre-feet.
4. The annual total product mined at the Scott
exceed 300,000 toric per year (60,000 tons persion of the Chambers Pit shall not
2rF0,000 tons per year below the � year �O� the water table and
2with40 the mined aggregate �®r table). resultingin 7.11 acre-feet of water lost
suppression. 9g and additional 9,86 acro -feet of water Inst due in aunt
1
JAY
2065,11 ,LL4D�D Di llt lf)i1�y�ANiF_ i:ifl r ^Q
030386635H 4111-42 r.uD4/DGS r-5139
Ads.
Brant Kerr
Scott Expansion of the Chambers Pit, Subsf3tute Water Supply Plan May 11, 2005
Page 3
5. Total c onsurnpfzon at the Scott Expansion of the Chambers Pit must not exceed these
aforementioned amounts unless en amendment is made to this plan.
6. Approval of this plan is for the purposes as stated herein. An
y tional uses of this
water must first be approved by this oifce. Any future historic eonsv ptrve use
credits sought for this site (e.g., agricult rel water transfer) must consider all
previous credits applied.
7, Ali pumping for dust control shelf be measured in a manner acceptable to the
Division Engineer.
$, Repent water is to be SU �
flepl which was i prp by/from dry -up of 21,0 acres of the Last Chance
42 shares rngared by 42 shares in the Loesch and Crann Ditch Company. The
equate to 0.745 cis. A map of the dry -up area is attached.
5. The water attributable to the applicant's Last Chance Ditch
be diverted in ►i0 shares muss continue to
-p rtty at the catch and then measured back to the Coiuracio River.
Adequate measuring devices acceptable to the water commissioner must be
installed.
10. The replacement water that is the subject of this plan cannot be sold or leased to
any other entity. As a condition of subsequent renewals of this substitute water
supply plan, the replacement water must be appurtenant to this site until a plan for
augmentation is obtained_ A copy of this approval letter should be recorded with fila
County Clerk and Recorder. All replacement water must be concurrent with
depletions in quant ,y, tirning and locations.
11. Adequate accounting of depletions and replacements must be
Division 5 Engineer in Glenwood Springs (Alan Martell provided to tod
Springs, CO, 81602, 970-945-.5&b5) and the District 45 Water Commis.si3 ions errl� am s
R. Lemon, 6343 County Road 301, Parachute,
monthly basis or �r interval a CO. 8163.5, 87r}-6�5-23'l7) on a
your a acceptable to both of them. The accounting provided
Engineer. All mounts shall be isubject
ap�teeto difrcation and approval by the Division
t
12. The name, mailing address, and phone number of the contact
person w;i1
responsible for operation and accounting of this plan must be provided on the
accounting forms to the Division Engineer and Water Commissioner.
13. Dewatering at this Site will produce delayed
depletions to the streamas the pit is continuously dewatered, the water returned to the streasystem am. As Jong
be adequate to offset the depleions attributable to the d shoule
dewatering at the site Mimes, the de dewatering operation. Once
Accordingly. dewatering is required to continue during term of abe pproval.
least three years prior to completion of clewatering, a
lan Must be submitted
specifies how the post pumping dewatering depletions (incl dig refilling of thethat P)
will be replaced, in time, place and amount_
14, If rerlemapon af- the mine site produces a permanent water surface exposing
groundwater to evaporation. an application fora pian for augmentation must be filed
my. !ll t!. .2! .0.51( 1 ' PLP,V1 Et) COMPANIES.
ill
•1 VVV
+302266358i636
T-74: r,u06/OU6 r-599
Ms. Brent Kerr
Scott Expansion of the Chambers Pit, Substitute Water Supply Pian May 11, 2005
4 4
with the Division 4 Water Court at least three years prior to the completion of mining
to include, but not be limited to, Fong -term evaporation losses, If a lined pond resuits
after reclamation, replacement of lagged depletions strap continue until there is no
longer an effect en stream flow. Granting of this plan does not irPIY approval by
th* office deny such court application(s),
15. This substitute water Supply plan may be revoked or
detemor wi
ined that injury to other Wafer rights hasmodicur as any lime should It be
Shcuk! this of
water supply plan t! occur as a retuit of this plan.
adjudiht of a permanent n expire without renewal ar be revoked prior to
below the Vater table, and all other use of waterthe ail excavation of product From
pit, mussticceease immediately.
16, In accordance with amendments to §25-8-202(7), C.R.S., and 'Senate Bili 89-181
Rules end Regulations" adopted on February1992,
determine whether the substitute supply the State Engineer steal!
to seniorappropriators. As such is of a quality t4 meet requirements of use
anytime is d , water quality data or analysis may be requested at
etermine if the water quality is appropriate for downstream water users.
17. The decision of the State Engineer shall have nig prscedential or evidentiary force,
shall not create any presumptions, shift the burden of proof, or serve as a defense in
any pending water court rase or any other legal action that may be initiated
concerning this pian. This decision shall not bind the State Engineer to act in a
similar manner in any other applications involving other plans, or in any
renewal of this plan, and shall not imply proposed
conclusions of law contained herein, or with the eng engineering m�odol'gi of fact or
the Applicant methodologies used by
Please contact Craig Us of this offer or Alan Martellare, Division 5 Engineer, in Gierrwoed
Springs at (973) 946.5688, If you have any question; con
approval of this substituteconcerning this approval. We conclude That
litigation. '" supply plan does not imply a position by this office on any related
elfe-/ZI;(4
Assistant State Engineer
Enclosures: (See original approval letter)
cc: Alan Meddlero, Division 5 Engineer
Jamas R. Lemon. Water Commissioner, Water District 45
Rebecca Nichols, RJ -IN Water Resourn s Consultants, Lt_C
Gary Witt, Wright Water Engineers, inc.
Scott Expansion Pit Approval Letter amended.doc
1. 21)0'.,. 1:05N 410ED (;OMPANiES
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
B18 Centennial Bldg., 1313 Sherman St, Denver, Colorado 80203
(303) 8853581
Form No.
GWS -25
APPLICANT
LIC
UNITED COMPANIES
2273 RIVER RD
GRAND JUNCTION, CO 81502-
(970) 243-4900
PERMIT TO EXPOSE WATER IN A PIT
WELL PERMIT NUMBER 62558
-F
DIV. 5 WD45 DES. BASIN MD
APPROVED WELL LOCATION
GARFIELD COUNTY
1/4 1/4 Section 15
Township 6 S Range 93 W Sixth P.M.
DISTANCES FROM SECTION LINES
Ft. from Section Line
Ft. from Section Line
UTM COORDINATES (Meters.Zone:13,NAD831
Easting: Northing:
1)
2)
3)
iSSUAtVLE OF THIS PERMiTBOES NOT CONFER -A --WATER i IGNT - -- -
CONDITIONS OF P.PPROVAL
This well shall be used in such a way as to Cause no material injury to existng water rights. The issuance of this permit does not ensure Pict
no injury wll occur to arather vested water right or preclude another owner of a vested water right from seeking relief in a cMll court action,
The oonetruotion of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402.2, unless approval of a variance has
been granted by the State Board of Exerniters cf Water Well Contra ion and Pump Installation Contractors n accordance with Rule lb.
Approved pursuant to CRS 37-90-137 (2) and (11) for the construction and operation of a well (grave: pit pond) in accordance with the
temporary substitute water supply plan approved by the State Engineer on May 3, 2005, for the Scot Expansion cf the Chambers Plt, Division
of Minerals & Geology Permit Number M-79-205. The well (pone) shall not be operated uniess it is included in e substitite water supply plan
approved by the Staateineer ora plan for augmentation approved by the Water Court. The water supply plan for this pit is currently valid
through May 3, 2307 and if it is not extended or if a court decree is not entered fora plan for augmentation, diversion of ground water from
this well must cease immediately.
4) The average annual arnour.t d ground water be be appropriated shall not exceed 57.87 acre-feet with the total surface area of the proposed
ground water pond (three ponds comprising the Scott Expansion cf the Cha'nbers Pit) limited to 56.52 arras.
5) The use cf ground water. In addition to evaporation, is limited to dust control and product moisture losses from gravel mining activities, No
other use of water Is allowed unless a permit therefor is approved.
5) The owner shall mark the well (gravel pit pond) in a conspicuous piece with welt permit number(s) and court case numbers) as appropriate.
The owner shag take necessary means and precautions to preserve these markings.
7) A totalizing ttow meter must be installed so as to measure any pumping fron this gravel pit pond and maintained in good working order.
Permanent retards of ah diversions from the gravel pit pond, tonage of mined product, and the surface area of ground eater exposure shah los
maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request
8) Pursuant to Rule 10.1.6 of the Water Well Conswction Rules. gravel oft wells aro exempt from the minimum well construction standarns
except for contamination considerations as stated in the Rule. The owner of the gravel pit shall take necessary means and precautions to
-_-_ptQyentcontarainacds frora.enleri ,the.gravel pit well.
9) Pursuant tc Rule 17,1.4 of the Water Well Conssuction Rules, the owner shell submit, after itibation of corstn,ction, Sitepian and cross
section drawings cn 9-12" x 11' payer showing the extent of intended excavation, the maximum depth of the pit, and the mit,al static water
Itve1.
10) The boundaries of the gravel pit pond shall be more than 600 Met from any existing well, completed in the same aquifer, mat is not owned
by the applicant
11) Pursuant to Policy 2000-4 of the State Board of Examiners of Water Well Construction and Pump Installation Contractors (Board), no pumping
equipment shall be Installed in the gravel pit well b withdraw water for any beneficial use, unless a soparate written request for a variance has
been approved by the Board.
APPROVED
JSG
State Engineer
jot No. 0526121 DATE ISSUED 05-03-2005
By
EXPIRATION DATE 05-03-2006
Illi; { ;;i;fM illiED O. ;A S
Forrn No.
GW S-25
APPLICANT
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 80203
(303) 868,3581
IWELL PERMIT NUMBER 62556 -F
DIV. 5 WD45 DES. BASIN MD
LIC
UNITED COMPANIES
2273 RIVER RD
GRAND JUNCTION, CO 81502-
(970) 243-4900
PERMIT TO EXPOSE WATER IN APIT
APPROVED WELL LOCATION
GARFIELD COUNTY
1/4 114 Section 15
Township 6 S Range 93 W Sixth P.M.
DISTANCES FROM SCTION LINES
Ft. from Section Line
Ft. from Section Line
UTM COORDINATES (Meters.Zone:13,NAD83)
Easting: Northing:
)SSUA OE. OF THIS PERMITDOES NOT CONFER-4WAT-ER R G -!T -
CONDITIONS OFL,PPROVAL
1) This well shall be uteri in suoh a way as to cause no materiel injury to existing water rights. The issuance of this permit does not ensure that
no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a WI court acticn,
2) The oonStruotiOn of this wet shall be in compliance with the Water WM Construction Rules 2 CCR 402.2, unless approval of a variance has
been granted by the State Board of Exam's -ars of Water We Construes ion and Pump InstaIiation Contractors in accordance with Rule 9h.
3) Approved pursuant to CRS 37-00-137 (2) and (11) for the construction and operation of a well (grave. ptt pond) in accordance with the
temporary suastttute water supply plan approved by the State Engineer on May 3, 2005, for the Scott Expansion of the Chambers Pit, Oivision
of Minerals & Geology Permit Number M-79-205. The well (pond) shall not be operated unless it is included in a substltate hater supply plan
approved by the State Engineer or a plan for augmentation approved by the Water Court. The wafer suppty plan for this pit is a:rently valid
through May 3, 2007 and if It is rot extended or Ka court decree is not entered for a plan for augmentation, diversion of ground water from
this wM must cease tmmereately.
4) The avenge enntml amount of around water to be appropriated shall not exceed 57.87 acre-feet with the total surtaoe area of the proposed
ground water pond (three ponds comprising the Salt( Expansion of the Chambers Pit) limited to 55.52 aores.
5) The use cf ground water, In addition to evaporator, is tknded to dust contro: and product mdstue losses from gravel mining activities. No
other use of water Is allowed unless a permit therefor is approved.
5) The owner shall mark the well (gravel pit pond) in a conspicuous place witn well pewit numbers) and court case nurnber(s) as appropriate.
The owner shall take necessary means and precautons to preserve these markings.
7) A totalizing flow meter must be installed so as to measure any pumping from this gravel pit pond and maintained in good working order,
Permanent retards of all diversions from the gravel alt pond, tonage of mined product, and the surface area of ground eater exposure shah be
maintained by the wets owner (recorded at least annually) and submitted to the Division Engineer upon request
8) Pursuant to Rule 10.1.6 of the Water well Construction Rules, gravel pit wells aro exempt from the minimum well construction standards
except for contamination considerations as stated in the Rule. The owner of the gravel pit shall take necessary means and precautions to
ptQyeatcontarnir33 stto[4enteimthe_grayetpitwell.
9) Pursuant 1c Rule 17.1.4 of the Water Well ConsSruction Rules, the owner shell submit, after imitation of construction,siteplane snd'crass •
section drawings on S-112' x 11' paper showing the extent of Intended excavation. the maximum depth of the pit, and the initial static water
1Cvel.
10) The boundaries of the gravel pit pond shall be more than BOO feet from any existing well, completed in the same aquifer, Inst is not owned
by the applicant
11) Pursuant to Policy 20004 of the State Board of Examiners of Water Well Construction and Pump Installation Contractors (Board), no pumping
equipment shall be installed in the gravel pit well to withdraw water for any beneficial use, unless a separate written request for a variance. has
been approved by the Board.
APPROVED
JSS
ksReceipt No. 0526121
DATE ISSUED
By
05-03-2005 EXPIRATION DATE 05-03-2006 J
• •
Greg Lewicki And Associates
11541 Warrington Court Phone: (303) 346-5196 Fax (303)-346-6934
Parker, CO USA 80138 E -Mail: lewicki7@comcast.net
Fred Jarman CET r Jti
Garfield County Building and Planning Department
108 8th Street, Suite 201 JAN 0 9 2006
Glenwood Springs, CO 81601 tRPII:LD couNTY
BUILDING & P1-gNNtNN
RE: Special Use Permit for Gravel Pit known as the Scott Expansion to the Chambers Pit
uary 6, 2006
Dear Mr. Jarman:
This letter is in response to your technical compliance letter. I will address your concerns using
the same numbering as presented in you letter. The included documents are replacement pages
and Maps representing the changes requested in your letter.
1. The Schedule of Operations subsection of Exhibit D has been updated to reflect the
predicted days of operation. Also the traffic section has been updated and a copy of the
CDOT access permit application and associated traffic study has been included.
2. An approved Gravel Well Permit and Substitute Water Supply Plan from CDWR have
been included. The water used at this site is being supplied by existing water rights.
3. Property boundaries have been added to all maps.
4. An additional copy of the County Assessor's Map has been included. Exhibit V has been
updated to reflect the addition of CDOT and the railroad. Properties to the north of
Highway 6 are more than 200' from the property boundary.
5. Because this site lies below the surrounding viewshed it is exempt from the need for
visual screening. However, mature trees will be left were possible to provide natural
visual screening. Additionally, most surrounding properties other than CDOT and the
railroad have existing or previous gravel pits located on them. Therefore conversion of
the land to gravel extraction more accurately matches the neighborhood character.
6. All application files including text and maps have been included as PDF format files.
If you have any further questions or request please do not hesitate to call me at (720) 842-5321.
Sincerely,
Ben Miller
Greg Lewicki and Associates PLLC
Cc: Brent Kerr, Bill Bailey, United Companies
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• •
Fred Jarman
From: ben@lewicki.biz
Sent: Thursday, April 13, 2006 2:57 PM
To: Fred Jarman
Subject: Scott Pit
Fred:
After the embarrassment of the Glen?s hearing last night, I have had Rivers Edge?s lawyer
review the Scott pit for the same reserved rights issue. As my current luck would have it
there is the same issue. There are some small slivers of reserved interests along I-70.
These came in during the building of I-70 when some parcels were split by the CDOT ROW.
The surface and partial mineral rights of these slivers were then picked up by the Scott
site?s landowner at the time. The reserved rights are only involving Oil and Gas, but
they still were not properly noticed. I would like to request a later hearing date to
allow for a proper notice. We would prefer June 14. Thank you.
--Ben
/14
• •
Fred Jarman
From: ben@lewicki.biz
Sent: Tuesday, April 18, 2006 2:52 PM
To: Fred Jarman
Subject: Re: Waiver od 120 days timeline
Fred,
United Companies and Yvonne Chambers Waive their right to the 120 -day time frame.
Thank you,
Ben
Quoting Fred Jarman <fredjarman@garfield-county.com>:
> Ben,
>
> Please email me a note that waives the 120 day timeframe in which to
> get your item to the Board of County Commissioners pursuant to Section
> 9.03.04 of the Zoning Code. Thanks,
> Fred
iII■■■.■
.....RES U N
■■■ II E N G I N E E R I N G INC.
Fred Jarman July 12, 2006
Assistant Director JUL. 1 4 2006
Garfield County Building and Planning Dept
108 8th Street, Suite 201 GARI-,: n ,
�� uNTY
Glenwood Springs CO 81601 BUILDING & PLANNING
RE: United Companies Scott Pit — Floodplain Special Use Permit Review
Dear Fred:
Resource Engineering, Inc. (RESOURCE) has received a copy of the July 10, 2006
email from Ben Miller to you regarding postponing the July 12, 2006 Planning
Commission Hearing. The email requests a letter from RESOURCE requesting
additional information for the Floodplain Special Use application.
The July 5, 2006 review letter prepared by RESOURCE outlines our specific comments
regarding non-compliance with Section 6.09 of the Garfield County Zoning Regulations
and indicates that hydraulic modeling would likely be necessary. Based on the existing
submittal data and analysis, the changes within the floodway would typically be analyzed
using a standard step hydraulic model (such as HEC -2, HEC -RAS). The model
analyses would include a floodway encroachment run for comparison of pre and post
development conditions. However, the Applicant and their consultant should prepare an
analysis that they believe demonstrates compliance with Section 6.09 and any
applicable FEMA regulations.
Please call if you have any questions or need additional information.
Sincerely,
RESOURCE/E$ IN - ERING, INC.
Water Resources Engineer
MJE/mmm
885-36.0
K:IClients1885 GARC0136.0 Glen's Pitlfj floodplain supreview 885.doc
Consulting Engineer's and Hydrologists
909 Colorado Avenue ® Glenwood Springs, CO 81 601 111 (970) 945-6777 M Fax (970) 945-1137
•
Fred Jarman
From: greg@lewicki.biz
Sent: Monday, October 23, 2006 11:38 AM
To: Fred Jarman
Subject: Fw: Scott Pit commitments
Importance: High
Fred: Sorry. This was sent on October 5th. Greg
Original Message
From: greg@lewicki.biz
To: Fred Jarman
Sent: Thursday, October 05, 2006 4:39 PM
Subject: Scott Pit commitments
Dear Fred:
• Page 1 of 2
Understanding the level of uneasiness about older pits in the County, enclosed are the proposed Scott Pit
commitments which will be made part of the Division of Reclamation, Mining and Safety permit as well as the
County permit. Since the DRMS permit has already been approved, we will do a revision to that permit so that all
the commitments below are binding to that permit. We are trying to be pro -active. I hope this is helpful.
1) In any mining phase, the mined slope length of 2H:1 V will be backfilled as necessary prior to topsoiling and
seeding. Generally, this is a milder slope of at least 3H:1V from 5.o feet below the water line and higher. The
amount of mined slope allowed to be present that is not backfilled at any given time is 1000 feet.
2) The amount of backfilled slope that is not topsoiled is limited to 400 feet. Topsoiling is required on all surface
areas down to 5.0' below expected water level.
3) Seeding and mulching according to the approved plan will occur on all topsoiled areas each spring (March 15 -
April 15) or fall (September 15 to November 15) no matter how small the area is.
4) Within 6 months of finishing mining in any designated mining area (3 total), the area must be fully reclaimed
including topsoiling, seeding, mulching, sapling planting, wetland preparation and water filling of the lake.
5) The final reclamation plan will create two sand beaches each with a minimum 100 feet width, a river trail, bird
nesting, and a small parking area in the northwest corner of the permit area. The theme for reclamation will be the
creation of a riverine habitat dominated by lakes and wetlands usable by wildlife and generally presenting a
natural visual setting to observers traveling east of Rifle. Map F-1, Final Reclamation Plan will detail specific
locations of these features. Nothing in the final reclamation plan will preclude future development of the property
for other purposes as may be allowed by the applicable land -use codes.
6) The operator will submit an annual report to the County with GPS measurements shown on a map showing the
current disturbance, what areas have been backfilled, where topsoil stockpiles are located, all site structures,
what areas have been seeded, mulched and what is planned for the ensuing 12 months.
7) All of the above are binding conditions of the County permit and the State Division of Reclamation, Mining and
Safety. The Division of Reclamation, Mining and Safety can withhold the reclamation bond if the final reclamation
10/23/2006
• Page 2 of 2
is not executed according to the plans.
Enforcement Options:
a) The County commits to notifying the Operator of any compliance concern and allow an inspection with site
personnel and the designated County inspector prior to contacting any agency.
b) The County can request a site inspection with one day's notice to the Operator. Full access to any part of the
site will be granted. On request, all paperwork must be shown. The County cannot request a large number of
inspections that would interfere with normal operation without cause.
c) A full list of all other permits will be provided to the County. Any person at any time can call the following
agencies directly and request an inspection if they believe a condition of that agencies permit is being violated.
- CDPHE Air Quality Control 303-692-3150
- CDPHE Water Quality Control 303-692-3500
- US Army Corps of Engineers 970-243-1199
- Division of Reclamation, Mining and Safety 303-866-3567
- CDOT Grand Junction office 970-248-7000
Agencies will issue violations with fines depending upon the gravity of the violation and the past history.
d) The County will be invited to any bond release inspection of the State Division of Reclamation, Mining and
Safety. The County inspector will have the opportunity to demonstrate that any item of the permit has not been
complied with and that bond should not be released.
e) The County will have the opportunity to evaluate the performance of the Operator with regard to the County
bond and withhold portions of the bond if it is demonstrated to the Operator that certain conditions of the permit
have not been met. The Operator acknowledges that the County has performance standards in place that could
lead to revocation of the Special Use Permit if continued violations of the permit occur over a period of time.
Please contact me with any comments.
Greg Lewicki, P.E.
Greg Lewicki and Associates
11541 Warrington Court
Parker, CO 80138
(303)-346-5196
10/23/2006
• •
Fred Jarman
From: greg@lewicki.biz
Sent: Friday, November 03, 2006 9:49 AM
To: Fred Jarman
Cc: Bill Bailey
Subject: Scott Pit
Page 1 of 1
Fred: This e-mail is to confirm that we allow a waiver of the 120 day limit for the County Commissioners to hear
the Scott Pit Special Use Project. Let me know if there are any questions. I will get you the latest information on
the proposal by November 10, 2006. Thanks. Greg
Greg Lewicki, P.E.
Greg Lewicki and Associates
11541 Warrington Court
Parker, CO 80138
(303)-346-5196
11/3/2006
November 30, 2006
Mr. Fred Jarman, Director
Garfield County Building & Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: Scott Gravel Pit SUP Application
Dear Mr. Jarman,
RECEIVED
DEC 0 8 2006
GARFIELD COUNTY
BUILDING & PLANNING
The City of Rifle respectfully requests this letter and all previous correspondence and City
resolutions regarding this matter remain a part of the public record considered by the
Garfield County P&Z and County Commissioners.
The City continues to request Garfield County deny this application because of its location
and the direct impacts it will have on the City Rifle. Further, we request the P&Z and/or
County Commissioners prohibit the consideration of the entire mining area as part of this
SUP application with the understanding that approximately 12.5 acres can be mined absent a
Letter of Map Revision from the Federal Emergency Management Agency. The Floodplain
Development Permit should be denied and the balance of the property removed from the
Special Use Permit application until the applicant demonstrates what additional lands can be
mined. The LOMR will likely impact the configuration of the ponds and require significant
modifications to the mining plan proposed by the applicant.
Lastly, the City emphasizes its objection to locating hot mix and concrete batch plant
operations at this location. These land use activities are extremely industrial and will have a
severe impact on the image of Rifle. There is no means available to screen these operations,
and persons traveling the I-70 corridor will associate these activities with the character of
Rifle. We recommend the applicant be required to find an alternate location to process the
aggregate should the County grant permission to mine this site.
The City of Rifle experienced two decades of decline as a result of the Oil Shale bust. The
citizens of this community have only seen positive change occur in the last five years. Rifle
should not have to overcome the unnecessary obstacle proposed by United Companies.
CITY OF RIFLE
202 RAILROAD AVENUE • P.O. Box 1908 • RIFLE, CO 81650
WWW . R I F L E C O. O R G
Scott Gravel Pit SUP
City of Rifle Comments
November 30, 2006
Page 2 of 2
• •
The most basic principle of a Special Use Permit is tied to compatibility; the requested use is
not compatible with the land uses south of the Interstate or the gateway corridor into Rifle.
The applicant acknowledges there will be impact but it will "only" last a decade. Rifle
doesn't have a decade. Timing is critical to success, and our time to succeed is now not a
decade from now.
Respectfully,
City, of Rifle
Matt Sturgeon
Assistant City Manager
• r
Fred Jarman
From: Rick_Krueger@fws.gov
Sent: Tuesday, December 12, 2006 3:18 PM
To: Fred Jarman
Cc: Greg@lewicki.biz
Subject: Scott Expansion of the Chambers Pit, protection of the eagle nest
Fred, Greg and I had several discussions concerning the proposed Scott Expansion and they
agreed to protect the existing eagle nest to our satisfaction within the Revised plan
dated November, 2006. United agreed to move the processing plant to a point West of the
Eagle nest outside of the 1/2 mile seasonal no surface disturbance area and, they also
agreed to no mining within the area between the 1/4 to 1/2 mile seasonal buffer area
during the active nesting season which generally runs from December 1 through July 15 or
20 days after the young fledge from the nest. They also agreed to not do any mining or
other surface disturbance within the 1/4 mile year round buffer area. With these safe
guards in place we feel fairly confident that the activity proposed by United will not
adversely impact the active bald eagle nest in the area.
The one contentious issue is the truck weigh station which is located inside the 1/2 mile
seasonal no surface disturbance area. We agreed with United that operation of the weigh
station at the proposed location should have limited impact on the Bald eagle nest. This
is based on the fact that the frontage road is within the 1/4 mile no surface occupancy or
disturbance buffer area along with the interstate and that if they operate the weigh
station as they have proposed, that the trucks would stop there to weigh and that would be
the only activity at this site, the disturbance should not be any more invasive than the
frontage road itself. They agreed that this site would not be used as an office, that
drivers would not be getting in and out of their trucks, and that the person keeping track
oft the weigh bills would be the only person entering or exiting the building during the
course of the day.
If these safeguards are adhered to we believe the bald eagle nest should be protected from
the sand and gravel processing and transportation activities proposed by United.
If you have any questions concerning these comments please feel free to give me a call.
Rick Krueger
U.S. FWS, Contaminants Specialist
764 Horizon Drive, Bldg. B
Grand Junction, CO 81506
Phone: (970) 243-2778 EXT. 17
Fax: (970) 245-6933
e-mail: Rick_Krueger@fws.gov
1
4110
RECOMMENDED* BUFFER ZONES AND SEASONAL RESTRICTIONS
FOR COLORADO RAPTORS
*These zones and seasonal restrictions are recommended as guidance only and
may be subject to change. They do not represent official Division policy.
Prepared By
Gerald R. Craig
Colorado Division of Wildlife
Updated Febniary 8, 2001
Tolerance limits to disturbance vary among as well as within raptor species. As a rule,
ferruginous hawks and golden eagles respond to human activities at greater distances than
do ospreys and kestrels. Some individuals within a species also habituate and tolerate
human activity at a proximity that would cause the majority of the group to abandon their
nests. Other individuals become sensitized to repeated encroachment and react at greater
distances. The tolerance of a particular pair may change when a mate is replaced with a
less tolerant individual and this may cause the pair to react to activities that were
previously ignored. Responses will also vary depending upon the reproductive stage.
Although the level of stress is the same, the pair may be more secretive during egg laying
and incubation and more demonstrative when the chicks hatch_
The term "disturbance" is ambiguous and experts disagree on what actually constitutes a
disturbance. Reactions may be as subtle as elevated pulse rate or as obvious as vigorous
defense or abandonment. Impacts of disturbance may not be immediately evident. A pair
of raptors may respond to human intrusion by defending the nest, but well after the
disturbance has passed, the male may remain in the vicinity for protection rather than
forage to feed the nestlings. Golden eagles rarely defend their nests, but merely fly a half
mile or more away and perch and watch. Chilling and over heating of eggs or chicks and
starvation of nestlings can result from human activities that appeared not to have caused
an immediate response.
A `holistic' approach is recommended when protecting raptor habitats. While it is
important for land managers to focus on protecting nest sites, equal attention should focus
on defining important foraging areas that support the pair's nesting effort. Hunting
habitats of many raptor species are extensive and may necessitate interagency cooperation
to assure the continued nest occupancy. Unfortunately, basic knowledge of habitat use is
lacking and may require documentation through telemetry investigations or intensive
observation. Telemetry is expensive and may be disruptive so a more practical approach is
to assume that current open space is important and should be protected.
Although there are exceptions, the buffer areas and seasonal restrictions suggested here
reflect an informed opinion that if implemented, should assure that the majority of
individuals within a species will continue to occupy the area. Measurements are somewhat
imprecise (fractions of a mile) and reflect the need to maintain some flexibility to adjust
buffer zones depending upon intervening terrain and vegetation
screens that obscure the activity. This document is intended to be modified and refined as
additional information becomes available, hence the provision of a revision date.
• •
RED-TAILED HAWK
Nest Site:
No surface occupancy* (beyond that which historically occurred in the area) within 1/3
mile radius of the nest site, and associated alternate nests. Some members of this species
have adapted to urbanization and may tolerate human habitation to within 200 yards of
their nest. Development that encroaches on rural sites is likely to cause abandonment.
Seasonal restriction to human encroachment should be in effect from February 15 to July
15.
SWAINSON'S HAWK
Nest Site:
No surface occupancy* (beyond that which historically occurred in the area) within 1/4
mile radius of the nest site, and associated alternate nests. Some members of this species
have adapted to urbanization and may tolerate human habitation to within 100 yards of
their nest. Seasonal restriction to human encroachment within 1/4 mile of the nest from
April 1 to July 15.
PEREGRINE FALCON
Nest Site:
No surface occupancy* (beyond that which historically occurred in the area) within 1/2 mile
of the nest site. Seasonal restriction to human encroachment within 1/2 mile of the nest
cliff(s) from March 15 to July 31_ A 1 mile buffer with a closure from February 1 to
August 31 was originally stipulated in the approved Recovery Plan, but recent field
evidence suggests that the zone can be reduced to V2 mile. Due to propensity to relocate
nest sites, sometimes up to % mile along cliff faces, it is more appropriate to designate
'Nesting Areas' that encompass the cliff system and a 1/2 mile buffer around the cliff
complex.
PRAIRIE FALCON
Nest Site:
No surface occupancy* (beyond that which historically occurred in the area) within 1/2 mile
radius of the nest site.
GOSHAWK
Reynolds et al. (1993) proposed 30 acres for the nest, a post fledge family area of 420
acres, and a foraging area of 5400 acres in size that encompasses habitat for squirrels,
rabbits, jays, woodpeckers and grouse. For purposes here, it seems that a buffer of mile
around the nest should protect the integrity of the nesting and post fledging effort.
Occupancy of the nesting and brood rearing area takes place from early March through
late September.
BURROWING OWL
Nest Site:
* Surface occupancy includes human habitation as well as non -human habitation, examples of which
would be oil and gas wells, tanks, roads, tracks, trails, etc.
1 •
No human encroachment or disturbance within 75 yards of the nest site from April 1
through July 31. This period is necessary to avoid disturbing nesting owls. However,
owls may be present at burrows up to a month before egg laying and several months after
young have fledged. Therefore it is recommended that efforts to eradicate prairie dogs or
destroy abandoned towns not occur between March 1 and October 31 when owls may be
present. Although owls may occur throughout a prairie dog colony, they have a
propensity to frequent the colony margins and buffer zones should be applied to the
colony perimeter. Measures that protect and enhance prairie dog colonies will benefit this
species.
Buffers Documented in the Literature
Species
Period
Optimal
Distance
Authority
Incubation
Brood
Ferruginous Hawk
380-488yd.
619-781yd
781yd. (.45mi)
Holmes
Red-tailed Hawk
448-553yd
428-604yd
604yd (34mi)
Holmes
Swainson's Hawk
171-203yd
309-382yd
382yd. (.22mi)
Holmes
Prairie Falcon
500-1000m
546-1093yd
1000m
1093yd (.62mi.)
Holthuijzen et al.
Perch Buffers
The following buffers for perches were recommended by T. Holmes (1994) to prevent
flushing of 90% of raptors wintering in rangeland and agricultural habitats.
SPECIES BUFFER AREA
Radius
Arnerican
Arnerican Kestrel
75m
Merlin
125m
Prairie Falcon
160m
Rough -legged Hawk
210m
Ferruginous Hawk
140m
Golden Eagle
300m
REFERENCES
Call, M. 1979. Habitat management guides for birds of prey. Technical Note No.338,
U.S. Bureau of Land Management, Denver Service Center, Denver, CO. 69pp.
* Surface occupancy includes human habitation as well as non -human habitation, examples of which
would be oil and gas wells, tanks, roads, tracks, trails., etc.
1 •
Greater Yellowstone Bald Eagle Working Group. 1996. Greater Yellowstone bald eagle
management plan: 1995 update. Greater Yellowstone Bald Eagle Working Group,
Wyoming Game & Fish Dept_, Lander WY 82520. 47pp
Grier, J.W., F.J. Gramlich, J. Mattisson, J.E. Mathisen, J.V. Kussman, J.B. Elder, and
N.F. Green. 1983. The bald eagle in the northern United States. Bird Cons.
144-66.
Holmes, Tamara L. 1993. Behavioral responses of grassland raptors to human
disturbance MS Thesis. Colo. State Univ, Ft. Collins. 62pp.
Holthuijzen, A.M.A., W.G. Eastland, A.R. Ansel!, M.N. Kochert, R.D. Williams, and L.S.
Young. 1990. Effects of blasting on behavior and productivity of nesting
prairie falcons. Wildl. Soc. Bull. 18:270-281.
Martin, D.J. 1973. Selected aspects of burrowing owl ecology and behavior. Condor
75:446-456.
Northern States Bald Eagle Recovery Team. 1983. Northern States Bald Eagle Recovery
Plan. U.S. Fish and Wildlife Service. 75pp.
Reynolds, Richard R.T. Graham, H.M. Reiser. 1992. Management recommendations for
the northern goshawk in the southwestern United States. Gen. Tech. Rep.
RM -217. Ft. Collins, CO. U.S. Dept of Agri., Forest Service, Rocky Mountain
Forest and Range Experiment Station. 9Opp.
Richardson, Cary T. and C.K. Miller. 1997_ Recommendations for protecting raptors
from human disturbance: a review. Wildl. Soc. Bull. 25(3):634-638.
Rocky Mountain/Southwest Peregrine Falcon Recovery Team. 1984. American peregrine
falcon Rocky Mountain/Southwest population recovery plan. U.S. Fish and
Wildlife Serv. 105pp.
Squires, J.R., S.H. Anderson, and R. Oakleaf_ 1993. Home range size and habitat -use
patterns of nesting prairie falcons near oil developments in northeastern
Wyoming. J. Field Ornithol. 64:1-10.
Swenson, J.E. 1979. Factors affecting status and reproduction of ospreys in Yellowstone
National Park. J. Wildl. Manage. 43:595-601.
Thomsen, L. 1971. Behavior and ecology of burowing owls on the Oakland Municipal
Airport. Condor 73:177-192.
* Surface occupancy includes human habitation as well as non -human habitation, examples of which
would be oil and gas wells, tanks, roods, tracks, trails, etc.
1ttl',um V
FEB 0 2 2006
GARFIELD
BUI
TY
FEB 01 20
• •
reg Lewicki And Associates
11541 Warrington Court Phone: (303) 346-5196 Fax (303)-346-6934
Parker. CO USA 80138 E -Mail: lewicki7@comcast.net
GARFIELD COUNTY
BUILDING & PLANNING
Fred Jarman
Garfield County Building and Planning Department
108 8th Street, Suite 201
Glenwood Springs, CO 81601
January 30, 2006
RE: Special Use Permit for Gravel Pit known as the Scott Expansion to the Chambers Pit (2)
Dear Mr. Jarman:
This letter is in response to your second technical compliance letter. I will address your
concerns using the same numbering as presented in you letter. The included documents are
replacement pages and Maps representing the changes requested in your letter.
1. Exhibit D has been attached with the proper information. I have summarized the
appropriate text addressing each of your requested issues.
a. Hours of operation: 5:OOAM-9:OOPM, Mon -Sat, with some nighttime and Sunday
work to supply specific demand such as nighttime paving.
b. Vehicle trips per day: 400 max / 110 average 1 -way truck trips, 20 average 1 -way
personal vehicle trips
c. Existing/Proposed Structures: No new permanent structures, existing structures
shown on Map C-1. Structures to remain under current use until mining
progresses near them. They will be removed prior to mining under an approved
demolition permit.
2. A copy of the Assessor's Map has been attached.
Sorry about the confusion. I'm not sure how I missed attaching the documents. If you have any
further questions or request please do not hesitate to call me at (720) 842-5321.
Sincerely,
Ben Miller
Greg Lewicki and Associates PLLC
• •
Mining Plan Exhibit D
Site Description
The site lies on the south bank of the Colorado River immediately east of the town of Rifle and
just north of I-70. The current operation, Chambers Pit, lies to the north has been operating as
a DMG 112 permited operation since 1979 with some areas of mining occuring prior to
1977(pre-law disturbances). The Chambers Pit has been mined out. This area is currently
being reclaimed.
The expansion area will act as an independent pit. No material will pass between the
expansion and the Chambers Pit. A major feature of the new extraction area is large oxbow
left from the river. The oxbow area is a wetland and will be avoided. The site's current land
exists as riparian, wetland, and irrigated field. A house and outbuildings also are on the
property. These may be removed prior to mining in Mining Area 3. To the west of the
property lies a narrow strip of land owned by CDOT. The CDOT site is too small to be
developed. To the east of the property lies the LaFarge Mamm Creek gravel operation.
Site Geology
The site contains Pleistocene age gravels with a bedrock of Wasatch Formation shale and
sandstone. The oxbow was once an active channel of the river, but due to deposition has been
naturally cut off from the current river channel. The gravel depth is expected to be 25 feet.
The gravel has very little fines and is very permeable. In the irrigated fields, up to 5 feet of
overburden is expected. The topsoil in this area is also thicker than the riparian areas. The
topsoil is expected to be 3 inches to over 1 foot in thickness. The area inside the oxbow is
expected to have very little overburden and slightly less topsoil. Average topsoil and
overburden depths can be seen in the Mining Area Volumes table. The water table level is
expected to be around 5300'-5311' in elevation.
Pre -Mining Work
Pre -mining activities for the Scott Expansion will consist of infrastructure installation,
sediment pond construction, topsoil and overburden stripping, and isolation berm
construction. The berm will be 2 feet tall with 3H:1 V slopes and will be constructed with
overburden or topsoil. These activities will take place in and around Mining Area 1 -Phase 1
prior to mining. Future mining areas will be prepared in a similar fashion.
A truck traffic bridge will be installed as part of the site. This bridge may be installed at any
point prior to the mining of the oxbow area. The bridge will be used for truck traffic across
wetland areas. It will be semi-portable and built from rail flatcars. For the span, two cars will
be bolted together to provide sufficent bridge deck width. Drawings provided by a railcar
bridge company are included in Appedix B. Precast concrete blocks (-3'x3'x5') will be used
for footings. This structure can be seen on the Mine Plan Maps C-2. It has been requested by
11/16/2005 Page D-1
• •
the landowner that the bridge remain in place after mining has been completed.
Stormwater and Sediment Control
Berms will isolate the site from the surrounding area. Therefore, all run-off will drain to the
pits or lakes. The pit or lake will contain the 100 -Year 24 -Hour Event. The stormwater
volume was determined using the calculations below as described in the "Procedures for
Determining Peak Flows in Colorado", which includes and supplements Technical Release No.
55 "Urban Hydrology for Small Watersheds." The following calculations are for Mining Area
1. Similar calculations show that all mining areas will have more than the necessary
containment. All pits will need to be pumped at this operation. Prior to discharge, sediment
will be allowed to settle either in sediment ponds or previously mined pits.
Runoff Curve Numbers(CN) for Watershed Area
Description Hydrologic Soil Group Area (acres) CN
Pasture or Rangeland: Good (50-75% ground Group C Soils 6.00 74
cover; not heavily grazed)
Exposed Gravel Group A Soils 6.00 44
Total Area and Average CN 12.00 59.00
Hydrologic Soil Group
Group A Soils: High infiltration (low runoff). Sand, loamy sand, or sandy loam. Infiltration rate > 0.3 inch/hr when wet.
Group B Soils: Moderate infiltration (moderate runoff). Silt loam or loam. Infiltration rate 0.15 to 0.3 inch/hr when wet.
Group C Soils: Low infiltration (moderate to high runoff). Sandy clay loam. Infiltration rate 0.05 to 0.15 inch/hr when we
Group D Soils: Very low infiltration (high runoff). Clay loam, silty clay loam, sandy clay, silty clay, or clay. Infiltration
rate 0 to 0.05 inch/hr when wet.
The storage volume of the pond is calculated as the extraction area above the water table. The
water table lies approximately 4 feet below the surrounding surface. This allows for a more
than sufficient storage volume for all mining areas.
11/16/2005 Page D-2
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Stormwater/Sediment Pond Design
Design Event 100 -yr 24 -hr Event
Design Precipitation (inches) 2.60
Watershed Area (acre) 12.00
Watershed Average CN 59.00
Calculated S 6.95
Calculated Runoff Volume (Q) 0.18
Calculated Runoff Volume (acre -ft) 0.18
Ponding Percentage 5.0%
Actual Runoff (acre -ft) 0.17
Since very little area lies outside the pit and with the ability to store 4 feet of inflow per acre, it
is easily seen that the ponds will have sufficient storage. All water trapped from the storm
event will be allowed to evaporate or seep out of the pond within a 24-hour period.
Topsoil and Overburden Stripping
Topsoil will be stripped and stockpiled prior to the commencement of mining in a particular
mining area. After stripping, topsoil which will be stockpiled will be seeded promptly in order
to minimize soil loss. Most stripped topsoil will be placed to reclaim the previous mining
area. There will be an abundance of topsoil due to the reduction in surface area caused by the
formation of a lake within the permit area. This excess topsoil will be used for extra growth
media as well as slope backfill material during reclamation.
Overburden will be stripped prior to the commencement of mining in a particular mining area.
There will be an abundance of overburden. Overburden will be used as backfill for the lake
slopes. The excess overburden will be stockpiled in the oxbow area to account for the lack of
overburden in this area. Also an island will be formed in Mining Area 3 with excess
overburden. Details of topsoil and overburden stripping are shown in the Mine Area table.
Mine Plan
Prior to mining, each pit will need to be dewatered. This will be accomplished by installing a
perimeter dewatering trench. The trenches will lead to a sump as shown in the maps. Water
will be allowed to pass through a gravel berm prior to entering the sump. This will act to filter
out a portion of the sediment. Two types of pumps will be used for the dewatering operation.
The primary dewatering pumps will move approximately 90% of the water. Secondary
irrigation pumps will provide water to the surrounding wetlands. This is necessary due to the
water table draw -down associated with pit dewatering. All discharge will pass through a
sediment control pond or previously mined pit, in order to allow sediment to settle. The
11/16/2005 Page D-3
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smaller sediment control ponds will be monitored for build up. If a substantial amount of
sediment has accumulated, the pond will be cleaned. The sediment cleaned from the pond will
be placed as fill in the area currently being mined.
Two types of sediment ponds will be used. For primary discharge, a 200' x 20' x 4' pond with
2.5H:1 V side slopes will be used. A smaller pond will be used for the wetland irrigation
discharge. A 100' x 10' x 4' pond with 2.5H:1V side slopes will provide ample settling time for
flow rates of approximately 100 gallons per minute.
As mining progresses through the mining areas, the pumping arrangement will continually
change. The locations of the pumps and ditches are approximate as shown on the mine plan
maps. The overall design is to dewater one pit at a time. However some overlap of two
mining areas being dewatered at the same time is possible at the end of a mining area's life.
Wetlands surrounding the dewatered area will be supplied with water from the pits. It is
expected that dewatering of a pit will require approximately 1000 gallons per minute pumping
capacity. During initial dewatering, the pumping demand may be up to three times the stable
pumping rate or 3000 gallons per minute.
Once the pit has been dewatered, mining will begin. Primarily, front-end loaders will be used
to mine the raw gravel. The slopes of the pit will be mined to 2H:1V slopes. While mining in
the center of the pits a much steeper highwall will be maintained. This highwall will be laid
back as it approaches the mining limits. Some dozer pushing or ripping may also be used. The
loader will directly load to a crusher or into trucks which will deliver the material to a crusher.
Equipment will utilize the existing roads where appropriate and additional roads will be added
as shown in the mine plan maps. The road alignments shown on Map C-2 are the approxiamte
final location. Current roads as seen in Map C-1 will be utilized until realignment is
necessary. Stockpiling and crushing will occur within the pit bottom once a mining area has
been opened up. However, during the initial phase of a mining area the adjacent phase may be
stripped to provide a processing and staging area until room is availiable on the pit bottom.
Material will be sold from the Scott Expansion and shipped via the Mamm Creek Frontage
road. An increased volume access permit from CDOT is currently pending approval.
If any "reportable quantity" of hazardous material or waste is released into the environment,
the operator will notify staff of the Colorado Division of Minerals and Geology as well as all
other appropriate local, state and federal agencies. This is more completely described by an
excerpt from the February 8, 2002 DMG memorandum regarding Minerals Program
Notification of Toxic or Hazardous Materials Spills at Mine Sites."
"A reportable spill is a spill of any toxic or hazardous substance (including spills of petroleum
products) within the permit area reportable to any Division of the Colorado Department of
Public Health and the Environment, the national Response Center, the Colorado Emergency
Planning Committee, or the State Oil Inspector. The operator shall notify the Office of a
11/16/2005 Page D-4
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reportable spill within the permit area using the same timeframe required by the permit,
license, notice, Act, Rule or Regulation governing the reporting of the spill to the appropriate
agency. Notice of a reportable spill shall be Faxed to: Minerals Program Supervisor, Division
of Minerals and Geology, FAX (303) 832-8106. The FAX shall include a call-back number of
a responsible company official for the DMG staff to use as a contact."
No explosives will be used on this site for the purpose of mining or processing. No chemicals
other than fuel will be used in the gravel processing.
Production Rates
The site's production volumes and rates can be seen below. An annual expected average and
maximum rate are shown. The life expectancy of the pit is based on the average rate.
Construction Materials Annual Production
Use Max Rate(t) Average Rate(t) Reject Rate(%) Raw Material(t)
Asphalt 200,000 35,000 10% 38,500
Aggregate 210,000 190,000 0% 190,000
Concrete Aggregate 100,000 75,000 10% 82,500
510,000 300,000 4% 311,000
Schedule of Operations
The mine is expected to operate from 5:00 AM to 9:00 PM, six days per week with most sales
taking place during daylight hours. Activities outside of daylight hours will primarily be
maintenance or plant operations. For instance when the portable crushing plant is on site, it
will run about 14 hours per day 6 days per week. Occasionally nighttime and Sunday
operations will occur to provide for specific demands such as overnight paving work. This
schedule is based on the existing Chambers Pit to the west of this site. Actual operating hours
will be based on product demand and may be less than those shown above.
Mine Area Details
The expansion's reserves are divided into mining areas with each area having multiple phases.
While one phase is being mined the previous phase will be reclaimed. Once an area's
reclamation earthwork has been completed the pit will be allowed to flood. This separation of
areas and phases will limit the overall disturbed area. Areas will be mined in sequential order.
Area details can be seen below.
11/16/2005 Page D-5
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Mining Areas
Gravel Raw Topsoil Topsoil Overburden Overburden
Area (acres) Tons* (t) Thickness (ft) Tonnage* (t) Thickness (ft) Tonnage*(t)
Area 1 Phase 1 4.84 183,038 0.80 6,872 3.00 25,768
Area 1 Phase 2 4.88 180,103 0.80 6,928 3.00 25,981
Area 1 Phase 3 4.38 190,309 1.00 7,773 4.50 34,979
Area 1 Phase 4 4.43 197,058 1.00 7,862 4.00 31,447
Area 2 Phase 1 4.95 180,039 1.00 8,785 4.50 39,531
Area 2 Phase 2 5.16 187,676 1.00 9,157 4.50 41,208
Area 2 Phase 3 4.93 179,312 1.00 8,749 4.50 39,371
Area 2 Phase 4 4.70 170,947 1.00 8,341 4.50 37,534
Area 3 Phase 1 5.50 306,210 0.30 2,928 0.00 0
Area 3 Phase 2 4.84 269,464 0.30 2,577 0.00 0
Area 3 Phase 3 5.18 288,393 0.30 2,758 0.00 0
Area 3 Phase 4 5.45 303,426 0.30 2,902 0.00 0
Area 3 Phase 5 4.45 247,751 0.30 2,369 0.00 0
Total**
63.69 2,883,725
78,000 275,819
* Topsoil and OB tonnage is based on the assumption that 1.0 CYD weighs 1.1 t. Raw gravel assumes 1.5 t.
** Note: Total area is less than the permitted acreage. The remainder exists as undisturbed areas, roads, and
stockpiles.
Facilities and Mobile Equipment
All facilites will be portable or semi-portable on this site. The facilites can be seen below.
On -Site Facilities
Type Portable Notes
Crusher/Screen
Asphalt Plant ❑r
Cement Plant ❑Q
Scales There may be a foundation
poured for stability.
Office
Wash Plant ❑r
11/16/2005 Page D-6
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The expected equipment used for this site can be seen below. Mobile units will fuel from the
crusher/wash plant, asphalt plant fuel tanks, or the fuel farm onsite.
Type
On -Site Mobile Equipment
Quantity Notes
Front -End 2 988
Loader
Bulldozer 2 D9
Water Truck 1 3000 Gallon
15t On -Road 5
Haul Truck
25t On -Road 5
Haul Truck
Off -Road Haul 5
Truck
Grader 1
Belly Scraper 2
1411
631G
The following tanks are expected to be on-site. All other tanks onsite will be part of portable
plants and covered by their own permits..
On -Site Storage Tanks
Secondary
Volume Construction Containment Contents Location
5,000
Mine Access and Traffic
Steel Integral
Fuel Fuel Farm
The site access a CDOT frontage road. An application is being filed with CDOT. The permit
is based on a 400 one-way trip daily maximum (200 loads). This number far exceeds the
expected daily one-way trips based on annual production. The expected production rate is
based on 140 one-way trips, 15 ton haul trucks, 6 days per week, and 48 working weeks per
year. This results in 55 loads per day. It should also be noted that the local traffic will not see
an increase. This is due to the closure of the Chamber's Pit removing the same amount of
traffic which is being added by the new pit.
11/16/2005 Page D-7
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Mining Life Time Table
The expected mine life can be seen below. The life is based on the average production rate. If
demand changes, the life expectancy of the pit will change.
Mine Life
Task Description Expected Duration (yr)
Mine remaining reserves in orginal pit and pre -mining 0.90
preparations (Ditches, Berms, Stripping, etc.) for
expansion area.
Mine Area 1 Phase 1 reclaim previous area. 0.59
Mine Area 1 Phase 2 reclaim previous area. 0.58
Mine Area 1 Phase 3 reclaim previous area. 0.61
Mine Area 1 Phase 4 reclaim previous area. 0.63
Mine Area 2 Phase 1 reclaim previous area. 0.58
Mine Area 2 Phase 2 reclaim previous area. 0.60
Mine Area 2 Phase 3 reclaim previous area. 0.58
Mine Area 2 Phase 4 reclaim previous area. 0.55
Mine Area 3 Phase 1 reclaim previous area. 0.98
Mine Area 3 Phase 2 reclaim previous area. 0.87
Mine Area 3 Phase 3 reclaim previous area. 0.93
Mine Area 3 Phase 4 reclaim previous area. 0.98
Mine Area 3 Phase 5 reclaim previous area. 0.80
Reclaim final mining area and Staging Area. 0.90
Total 10.2
Garfield County and Enviromental Impacts
No significant change of impact is expected from this operation to the County services. There
will be unavoidable visual impacts to I-70. This is due to I-70 being elevated above the site.
The pit is wet, therefore dust will be mitigated. All tanks will have secondary containment and
discharges are carefully regulated under the CDPHE discharge permit. The final landscape
will consist of lakes, wetlands, dryland areas, and cottonwood riperian areas, which will have
an excellent appearance from the I-70 corridor and will be an asset for wildlife.
11/16/2005 Page D-8
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T- z v
(1)
February 8, 2006
Ben Miller
Greg Lewicki & Associates, PLLC
11541 Warrington Court
Parker, CO 80138
Garfield County
BUILDING & PLANNING DEPARTMENT
RE: Special Use Permit request for development in the regulated 100 year floodplain
Dear Mr. Miller,
As promised, I am sending you this letter which includes the standards which must be addressed by
an Applicant proposing to conduct activity in the FEMA floodplain. Also attached, you will find an
application form for the Special Use Permit. More specifically, Section 6.08 of the Zoning
Resolution of 1978, as amended provides an administrative procedure to obtain a floodplain Special
Use Permit which requires an Applicant to address each of the following requirements:
1) To assure that all necessary permits have been received from those governmental
agencies from which approval is required by Federal or State Law, including Section
404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U. S. C. 1344.
2) To determine whether proposed building sites will be reasonably safe from flooding, and
that the structure will be in compliance with the applicable provisions for uses and
standards for construction set forth in this Resolution.
3) To determine if the proposed development is located in the floodway. If located in the
floodway, assure that encroachment provisions of Section 6.09.01(1) (A) are met.
4) To assure that adjacent communities, the Colorado Water Conservation Board and
Federal Emergency Management Agency have been notified of the proposed
watercourse alteration or relocation.
5) To assure that the carrying capacity of the altered/relocated watercourse is maintained.
The Applicant shall also specifically address the following review criteria for development in
the floodplain pursuant to Section 6.09.02 of the Zoning Resolution:
Prohibited Uses and Activities. The following uses and activities are prohibited in the Flood
Fringe/Flood Prone Areas:
A. The development, use, fill, construction, substantial improvement or alteration on or
above any portion of the Flood Fringe or Flood Prone Areas which alone, or
cumulatively with other activities, would cause or result in the danger of substantial
108 8th Street, Suite 201, Glenwood Springs, Colorado 81601
(970) 945-8212 (970) 285-7972 Fax: (970) 384-3470
• •
F. New or replacement water supply systems and sanitary sewage systems shall be
designed so as to minimize or eliminate infiltration of floodwaters. On-site
individual sewage disposal systems shall be located so as to avoid impairment of
them or contamination from them during a 100 Year Flood.
I look forward to working with you in the processing of this application. Do not hesitate to contact
me in the event you have any questions.
Very truly yours,
Fred A. Jarman, AICP
Assistant Planning Director
970.945.8212
December 8, 2005
Ben Miller
Greg Lewicki & Associates, PLLC
11541 Warrington Court
Parker, CO 80138
•
Garfield County
BUILDING & PLANNING DEPARTMENT
RE: Special Use Permit request for a Special Use Permit for Extraction, Storage and
Processing of Natural Resources in the Agricultural /Industrial Zone District
Dear Mr. Miller,
This office is in receipt of the application you submitted to this office on December 5, 2005 for the
Special Use Permit request for Extraction, Storage and Processing of Natural Resources in the
Agricultural /Industrial Zone District for a "Gravel Pit." I am writing this letter to inform you the
application has been deemed technically noncompliant and the Garfield County Building and
Planning Department needs additional information in order to process and review the application.
Your timeliness in providing this information will expedite our ability to place your application on
the public hearing agenda. Please provide information that more specifically addresses each of the
following items.
1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit
plans and supporting information (i.e. letters from responsible agencies). Include specifications
for the proposed use including, but not limited to, the hours of operation, the number and type of
vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of
any existing and/or proposed structures that will be used in conjunction with the proposed use,
and provisions for electric power service and any other proposed utility improvements. Be
specific.
2. If you will be using water or will be treating wastewater in conjunction with the proposed use,
please detail the amount of water that would be used and the type of wastewater treatment. If you
will be utilizing well water, please attach a copy of the appropriate well permit and any other
legal water supply information, including a water allotment contract or an approved water
augmentation plan to demonstrate that you have legal and adequate water for the proposed use.
3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all
existing and proposed structures on the property, and the County or State roadways within one
(1) mile of your property. If you are proposing a new or expanded access onto a County or State
roadway, submit a driveway or highway access permit.
108 8th Street, Suite 201, Glenwood Springs, Colorado 81601
(970) 945-8212 (970) 285-7972 Fax: (970) 384-3470
•
Fred Jarman
From: ben@lewicki.biz
Sent: Monday, July 10, 2006 11:03 AM
To: Fred Jarman
Subject: Scott Pit Hearing
Fred,
Due to our lack of technical compliance with the Floodplain SUP we would like to postpone
our hearing to allow Mr. Erion to request additional information. We would like to be
heard at the next available hearing date. If possible a special session in September or
the end of August would work well. If necessary I may be able to reschedule my Pitkin
County hearing in September to fit this hearing in.
--Ben
1
Garfield County
December 8, 2005
Ben Miller
Greg Lewicki & Associates, PLLC
11541 Warrington Court
Parker, CO 80138
BUILDING & PLANNING DEPARTMENT
RE: Special Use Permit request for a Special Use Permit for Extraction, Storage and
Processing of Natural Resources in the Agricultural /Industrial Zone District
Dear Mr. Miller,
This office is in receipt of the application you submitted to this office on December 5, 2005 for the
Special Use Permit request for Extraction, Storage and Processing of Natural Resources in the
Agricultural /Industrial Zone District for a "Gravel Pit." I am writing this letter to inform you the
application has been deemed technically noncompliant and the Garfield County Building and
Planning Department needs additional information in order to process and review the application.
Your timeliness in providing this information will expedite our ability to place your application on
the public hearing agenda. Please provide information that more specifically addresses each of the
following items.
1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit
plans and supporting information (i.e. letters from responsible agencies). Include specifications
for the proposed use including, but not limited to, the hours of operation, the number and type of
vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of
any existing and/or proposed structures that will be used in conjunction with the proposed use,
and provisions for electric power service and any other proposed utility improvements. Be
specific.
2. If you will be using water or will be treating wastewater in conjunction with the proposed use,
please detail the amount of water that would be used and the type of wastewater treatment. If you
will be utilizing well water, please attach a copy of the appropriate well permit and any other
legal water supply information, including a water allotment contract or an approved water
augmentation plan to demonstrate thatyou have legal and adequate water for the proposed use.
3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all
existing and proposed structures on the property, and the County or State roadways within one
(1) mile of your property. If you are proposing a new or expanded access onto a County or State
roadway, submit a driveway or highway access permit.
108 8th Street, Suite 201, Glenwood Springs, Colorado 81601
(970) 945-8212 (970) 285-7972 Fax: (970) 384-3470
•
4. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all
mineral rights owners of the subject property and public and private landowners adjacent to your
property (which should be delineated). In additional, submit a list of all property owners and
their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the
Assessor's Office.
5. Please demonstrate how your project design of the proposed use is organized to minimize impact
on and from adjacent uses of land through installation of screen fences or landscape materials on
the periphery of the lot and by location of intensively utilized areas, access points, lighting and
signs in such a manner as to protect established neighborhood character.
6. Please provide electronic files (preferable in pdf format) of all maps which clearly indicate
property boundaries of the subject property.
Do not hesitate to contact this office in the event you have any questions.
Very truly yours,
L o
Fred A. Jarman, AICP
Assistant Planning Director
970.945.8212
2
• •
Fred Jarman
From: ben@lewicki.biz
Sent: Monday, July 10, 2006 11:03 AM
To: Fred Jarman
Subject: Scott Pit Hearing
Fred,
Due to our lack of technical compliance with the Floodplain SUP we would like to postpone
our hearing to allow Mr. Erion to request additional information. We would like to be
heard at the next available hearing date. If possible a special session in September or
the end of August would work well. If necessary I may be able to reschedule my Pitkin
County hearing in September to fit this hearing in.
--Ben
1