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HomeMy WebLinkAbout4.0 CorrespondenceRichard D. Lamm Governor DEPARTMENT OF NATURAL RESOURCES David H. Getches, Executive Director MINED LAND RECLAMATION DIVISION DAVID C. SHELTON, Director DATE: April 27, 1984 TO: Garfield County Dept. of Development, P.O, Box 640, Glenwood Springs, CO 81602 FROM: James B. McArdle - Senior Reclamation Specialist 410(e/049 County Zoning MEMORANDl1JI1 i Pursuant to the requirement of the Colorado Mined Land Reclamation Act* to inform counties and certain municipalities of Development and Extraction Permit applications filed with this office, please know that ^an amendment Mr, John J. Runyan has filed to conduct and & gravel mining at Seca 17 T6S, R93W The applicant proposes to reclaim the site for Development • The deadline for persons to file statements regarding this operation, or to petition for a hearing before the Mined Land Reclamation Board to consider the granting of a permit is set by law. For information, please call this office. • The applicant is obligated to show that the proposed mining and reclamation plans are in conformance with local zoning ordinances, subdivision regulations or master plan, and is further required to place a copy of the application for public inspection with the Clerk of the county in which the proposed mine is situated. It is the Board's understanding that the Act intends for the application to be made available for public review and comment in an area close to the mine. It is not intended that it be made a part of public record by recording. The Board is tentatively scheduled to consider this application on July 25-26 , 1984. Please return the enclosed form when determination has been made as to the operator's conformance or non-conformance with the County's regulations. We appreciate your cooperation in this matter. If you have any questions, please call. 1984 * Article 32 of Title 34, Colorado Revised Statutes, 1973, as amended` I'IANMpd Enclosure (Rev. 9/83) Doc. No. 5730 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 Richard D. Lamm Governor • DEPARTMENT OF NATURAL RESOURCES David H. Getches, Executive Director • MINED LAND RECLAMATION DIVISION DAVID C. SHELTON, Director January 13, 1984 Mr. John Runyan P.O. Box 327 Rifle, Colorado 81560 Re: Runyan Sand & Gravel - File No. 77-541 Dear Mr. Runyan: At the December 14-15, 1983 meeting of the Mined Land Reclamation Board, the Board approved the requested amendment with the following stipulation, "Prior to seeding, the operator will have a representative of the Soil Conservation Service visit the site to assess the need for the application of organic matter in addition to a fertilizer". The Division of Mined Land Reclamation has received and approved the $210,000 Deed of Trust Financial Warranty and the Performance Warranty. The original $9200 Certificate of Deposit will be sent to you -under separate cover. Feel free to proceed with the permit as amended. If there are any questions, please contact me. Sincerely, James B. McArdle Senior Reclamation Specialist JBM/mab Doc. No. 8567 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 Richard D. Lamm Governor DEPARTMENT OAPATURAL RESOURCES David H. Getches, Executive Director • MINED LAND RECLAMATION DIVISION DAVID C. SHELTON, Director May 17, 1984 Mr. David W. Grounds, P.E. Mountain Engineering and Land Surveying Company 406 South Hyland Square, Suite A-1 Glenwood Springs, Colorado 81601 Re: Runyan Sand & Gravel Amendment - File No. 77-541 Dear Mr. Grounds: I have enclosed a copy of t .tification which indicates conformance with local zoning. Please n. •. this proposed operation is not in conformance with local zoning. This operation must be in compliance with local zoning prior to the July Board meeting to allow the Mined Land Reclamation Board to consider approval of this amendment. Please feel free to contact me if there are any questions. Sincerely, el,3e ..4'.7Ve//cf James B. McArdle Senior Reclamation Specialist JBM/mab Enclosure (-001-7 wAio 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (30r4) 866-3567 • Op • Coto /876 R.char0 O Lamm Governor DEPARTMENPF NATURAL RESOURCES David H. Getches, Executive Director MINED LAND RECLAMATIONND M-SI�NTIO DIVISIOt DAVID C. SHELTON, Director C' n. !.'Th. n N2t0r3I RP:curC 4IP,, 0 :..) 1;:_,., Name of Operator: Mr. John J. Runyan 2052 W. 2nd. St. Address: p.0. Box 327 Ri fiP, Cnlnrarin R165(1 Please mail tnis to: Janes B. M Ardle Reclamation Specialist File No: 77-541 Name of Proposed Mining Operation: Colorado Division of Mined Land Reclamation Ruly an Sand & Gravel 1313 Sherman Street, Room 423 Denver, Colorado 80203 Legal Description: NA NW4 Sec. 17 T6S, R93W of the 6th P.M. (of mining operation) To The Colorado Mined Land Reclamation Board: Tne above mininy operation (check appropriate space or spaces) 1) is 2) x is not 3) will be in conformance witn local zoning and laltd use laws. If Space iso. 3 is checked, please state the date by which local approval is expected. Date: May 7, 1984 Signed: (Rev. 9/83) Doc. NO. 730 Planner Title 423 Centennial Building, 1313 Sherman Street Denver. Colorado 80203 Tel. (303) 866-3567 Richard D. Lamm Governor • DEPARTMENT OF NATURAL RESOURCES David H. Getches, Executive Director MINED LAND RECLAMATION DIVISION DAVID C. SHELTON, Director March 21, 1985 Mr. John Runyan Runyan Sand and Gravel P.O. Box 327 Rifle, Colorado 81650 RE: Runyan Pit, Permit No. 77-541 Dear Mr. Runyan: at'4i~ Ti .. Mir 1985 GtF CU- PLAMEi This is a follow-up to our inspection of your site on March 12, 1985, and our telephone conversation of March 19, 1985. Due to the problems observed, it was felt a letter discussing the required corrective actions was in order. As you specified during the inspection, you no longer plan on having a road going to the north part of the property. It is our position that the culverts that had been installed in the northwest part of the site are no longer required. Therefore, we believe the culverts should be removed. Once the culverts have been removed, we believe a rock riprap channel needs to be installed through your permit site. Due to the watershed area above your site that must drain through the project and due to the problems that have occurred, it is our position that this channel must be constructed to handle the 100 -year, 24-hour storm event. This channel must be designed by a qualified, registered professional engineer who must also oversee and sign off on the channel construction. As you specified during our telephone conversation, you have discussed with Garfield County where the flows of water should outlet your site. This should streamline this process somewhat since you already have an idea of where the channel needs to be placed. An earlier Mined Land Reclamation Board (MLRB) approved motion was that the culvert outlet had to be rock riprapped no later than May 1, 1985. Due to the off-site damage that has occurred and due to the potential for future damage if something is not done in an expeditious manner, the Division no longer believes the May 1, 1985 deadline is appropriate. Rather, the Division believes the design of the channel and the installation of same must be done done within 30 days (i.e., no later than April 15, 1985). 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 • • Mr. John Runyan 2 March 21, 1985 Prior to the construction of this channel, the design information must be submitted as a technical revision and approved by the MLRB. Due to the short time frame as addressed above, it is imperative that you and your engineer stay in close contact with the Division so that this technical revision can be quickly approved and implemented. When applying for this technical revision, it will be necessary to submit a map depicting the channel's location in relation to this site, a cross-sectional diagram of the channel in relation to the site, and all associated text and justification for design criteria. Pursuant to C.R.S. 34-32-116(1)(i), "Areas outside of the affected land shall be protected from slides or damage occurring during the mining operation and reclamation". The Division has reason to believe this part of the law may have been violated. We plan to present this issue before the MLRB at their March 27-28, 1985 meeting. If the MLRB does find Reason to Believe a Violation has occurred, the matter will be scheduled at the April, 1985 meeting for Notice of Violation. The corrective action we plan to recommend to the MLRB at this March meeting is the above referenced channel construction must be completed by April 15, 1985. If the plans are agreed upon and if the channel is constructed by April 15, 1985, our position before the MLRB would be to abate the previously issued Reason to Believe. However, we will pursue Notice of Violation if this issue is not resolved by the April 15th deadline. A copy of this letter is being forwarded to Garfield County since they were the ones that notified the Division of this problem. Please contact this office immediately if you have any questions. Sincerely, 6 Peter . 0 Connor Reclamation Specialist PVOC/ljc cc: Glen Hartman, Garfield County 8721F Richard D. Lamm Governor DEPARTMENT OF NATURAL RESOURCES David H. Getches, Executive Director MINED LAND RECLAMATION DIVISION DAVID C. SHELTON, Director DATE OF INSPECTION: OPERATOR CONTACT: NAME OF OPERATOR: ADDRESS: FILE NO.: MINE: COUNTY: ACRES PERMITTED: INSPECTOR(S): NOTICE OF INSPECTION AND INSPECTION REPORT March 12, 1985 Mr. John Runyan Runyan Sand and Gravel P.O. Box 327 Rifle, Colorado 81650 77-541 Runyan Pit Garfield 44 Peter V. O'Connor MAR 2.11985 GARFIELD CO. PLANNER (Please note the instructions indicated by an X below) No problems noted at time of inspection. As a reminder, be sure to file your Annual Report or Notice of Intent to Continue by the Permit Anniversary Date X Possible problem(s) - Note recommendation(s) below to avoid further complications or possible violation(s) at the time of the next inspection. Possible violation(s) - Complete recommendation(s) below and reply to the Division by to defer consideration by the Mined Land Reclamation Board. Possible violation(s) require MLR Board consideration on date specified under separate cover. (Continued on page 2) 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 INSPECTION REPORT - PAGE 2 FILE NO. 77-541 DATE: March 12, 1985 OBSERVATIONS OF IMPORTANCE: 1. Site was inspected due to a call to Mined Land Reclamation Division from Garfield County. 2. Sediment approximately 2-6 inches thick covered about a 50 ft. stretch of County road just south of pit. 3. Water was flowing through 3-5 ft. deep crack in slope above County road in Runyan's permit area. Water flowed onto County road and due to no visible ditch along road, the water spread over a 50+ ft area. Eventually, water flowed into canal parallel to County road on South side. 4. County grader was in process of clearing road of mud when inspector was leaving. 5. Water originated in drainage NW of permit area. Operator had rock rip -rapped stream channel from edge of permit boundary on NW corner to culverts. Water flowed along channel but once out of culverts did not have a path to follow; therefore, water spread out over some of site and eventually exited site to the south. Operator has changed area to route water along toe of west slope to exit as addressed under pit no. 3 6. Outlet below culverts (discussed underpoint no. 5 above) was a non -rip -rapped 2h:lv slope. Due to tremendous drainage, slope is no longer there (washed away). In fact slope has been eaten away such that 2-3 ft of culvert is now exposed. 7. Operator specified he no longer plans to install road to access northern area. 8. Operator stated he spent 8 hrs. on back -hoe removing sediment from canal to increase free -board and reduce flooding potential. RECOMMENDATION 1. Due to point no. 7 above, operator should remove culverts since they are no longer necessary (Division's understanding is culverts only needed to allow water flow under road). 2. Operator needs to rock rip rap a channel from NW corner of permit area all the way to the south edge of permit to carry all anticipated water flow. Channel must be constructed to handle the 100 yr - 24 hr. flood. Please contact a qualified, professional engineer to design channel and to assist in construction. • INSPECTION REPORT - PAGE 3 FILE NO. 77-541 DATE: March 12, 1985 3. Operator is encouraged to contact either the City of Rifle or Garfield County to determine where the channel (reference in no. 2) should outlet on south side of permit area next to County road. 4. Operator will have to take steps necessary to alleviate off-site damages caused by floodings pursuant to the Rules and Regulations. /yt cc: Mr. Glen Hartman Doc. No. 8639 • • DEPARTMENT OF NATURAL RESOURCES David H. Getches, Executive Director MINED LAND RECLAMATION DIVISION DAVID C. SHELTON, Director Richard D. Lamm Governor March 28, 1985 Mr. John Runyan P.O. Box 327 Rifle, Colorado 81650 Re: Runyan Sand and Gravel, File No. 77-541 Dear Mr. Runyan: GARFIELD. CQ. PLANNER Action by the Mined Land Reclamation Board (Board) at their March 27, 1985 meeting was to find Reason to Believe a violation may have occurred at this site. There are three items constituting this alleged violation: A. The operator is not in compliance with the approved permit (as specified in the approved amendment) of constructing a 100 -yr channel and installing the necessary check dams. B. The operator is not in compliance with C.R.S. 34-32-116(1)(i) which specifies "Areas outside of the affected land shall be protected from slides or damage occurring during the mining operation and reclamation". C. The operator is not in compliance with C.R.S. 34-32-116(1)(h) which specifies "Disturbances to the prevailing hydrologic balance of the affected land and of the surrounding area and to the quality and quantity of water in surface and ground water systems both during and after the mining operation and during reclamation shall be minimized". Due to finding Reason to Believe a violation may have occurred, the Board scheduled this matter for formal public hearing to consider a notice of violation and cease and desist order. Pursuant to C.R.S. 34-32-124, you are hereby give notice that a hearing has been scheduled pursuant to the "State Administrative Procedure Act" APA, Article 4 of Title 24, C.R.S. for either April 24-25, 1985, in room 110 of 1313 Sherman Street, Denver, Colorado. Please contact this office the afternoon of April 22, 1985 to ascertain the day and approximate time this matter will be considered. At this hearing, the Board will consider finding you in violation of your permit (no. 77-54) and possibly issue a cease and desist order. Also at this meeting, the Board may consider imposing civil penalties. 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 • • Mr. John Runyan 2 March 28, 1985 Your attention is directed to the following provision of the law, specifically C.R.S. 34-32-124(7): (7) Any person who violates any provision of any permit issued under this article shall be subject to a civil penalty of not less than one hundred dollars per day or more than one thousand dollars per day for each day during which such violation occurs; except that any operator who operates under a permit issued under section 34-32-110 shall be subject to a civil penalty of not less than fifty dollars nor more than two hundred dollars per day for each day during which such violation occcurs. Further action by the Board at their March 27, 1985 meeting was to specify the following corrective actions, all of which need to be accomplished prior to April 15, 1985. 1. The two culverts located in the northwest part of the permit area need to be removed since the operator no longer plans on installing the north access road. 2. A channel to handle the 100 year, 24 hour storm event needs to be designed and construction supervised by a qualified, registered professional engineer. This channel will need to be rock rip -rapped to reduce erosion potential. Design information needs to be submitted to the Division for approval (or agreement) prior to the construction of said channel. 3. The slopes damaged due to flooding need to be repaired by the operator. 4. Any off-site damage would have to be corrected by the operator and this information relayed to the Division. As earlier specified, these corrective actions must be completed by April 15, 1985. The Division encourages the operator to maintain close contact with the Division regarding the design of point no. 2 above so that the channel design can be readily signed off and construction can be completed in the required timeframe. Please note that successful completion of the corrective actions will have a strong bearing on the outcome of the April 24-25, 1985 meeting. The April 24-25, 1985 meeting will be open to the public and shall be conducted in accordance with the APA. The Board shall afford the operator the right to appear before the Board with counsel. 1 • . Mr. John Runyan 3 March 28, 1985 If you should have any questions about this matter, please contact this office. Si r%erely, Peter V. O'Connor Reclamation Specialist PVOC/ygt CERTIFIED MAIL NO. P652 366 Return Receipt Requested cc: Mr. Glen Hartman (Garfield County) Doc. No. 8969 t Richard 0. Lamm Governor • DEPARTMENT OF NATURAL RESOURCES David H. Getches, Executive Director MINED LAND RECLAMATION DIVISION DAVID Cc SHELTON, Director NOTICE OF INSPECTION AND INSPECTION REPORT DATE OF INSPECTION: April 11, 1985 OPERATOR CONTACT: Mr. John Runyan NAME OF OPERATOR: Runyan Sand & Gravel ADDRESS: Box 327 Rifle, CO 81650 FILE NO.: 77-541 MINE: Runyan Pit COUNTY: Garfield ACRES PERMITTED• 44 :NSPECTOR(S): Peter O'Connor; Ed Bischoff; Philip Saletta 'Please note the instructions indicated by an X below) No problems noted at time of inspection. As a reminder, be sure to file your Annual Report or Notice of Intent to Continue by the Permit Anniversary Date Possible problem(s) - Note recommendation(s) below to avoid further complications or possible violation(s) at the time of the next inspection. Possible violation(s) - Complete recommendation(s) below and reply to the Division by to defer consideration by the Mined Land Reclamation Board. Possible violation(s) require MLR Board consideration on date specified under separate cover. ;Continued on page 2) 421'. J ntennial F3uilding 1313 SHerr an Street Denver, Colorado 80203 Tel. (303) 866-3567 INSPECTION REPORT - PAGE 2 FILE NO. 77-541 DATE: April 11, 1985 OBSERVATIONS OF IMPORTANCE: 1. Site was inspected so that the Division's engineer and Mr. Runyan's consultant, Mr. Dave Grounds, could discuss the proposed channel construction. Also in attendance was a member of the Garfield County Road and Bridge Department who discussed activities to be done along with Mr. Runyan along the Co.unty's road to the south of this project. 2. Due to the concerns that need to be addressed and information that needs to be submitted to the Division, it was determined that the April 15, 1985 deadline was unrealistic. Plans for this channel will be submitted the week of April 23, 1985 with realistic timetables of when channel construction will be completed (this timetable will take into consideration the saturated areas that need to dry prior to channel construction). The operator will remove the material placed under the culvert outlet and replace this with larger rip -rap material as per the engineering design requirements. The operator will utilize a sandstone outcrop farther on his land for this rip -rap material. Channel reconstruction, berms, sizing, sediment ponds and check dam construction were discussed. The design plan will not call for the removal of the two 24 -inch culverts at the northwest corner of the pit. The channel outlet discharge will flow through the existing 12 -inch culvert under the County Road. This culvert was plugged at the time of this inspection. This culvert is the limiting factor for channel design flow. It was apparent that this culvert is undersized and that Garfield County was not concerned about removing or replacing it. The County was concerned about sediment control of drainage from the site which will be addressed in the engineering design. At the April 1985 meeting, the Division will recommend to the Board that they accept the above referenced change in construction deadline. Also, the Division will recommend the Board find the operator in violation of his permit (due to the activities that did occur) but recommend that no cease-and-desist order be issued nor civil penalties assessed due to the diligent work that has been done by the operator. ECO ENDATIONS: Submit the proposed engineering design as a technical revision for the required Board ordered corrective action. Submit this design on or before April 26, 1985. cc: Mr. Dave Grands Garfield County Road F,, Bridge Department ;469F Richard D. Lamm Governor 1 DEPARTMENT OF NATURAL RESOURCES David H. Getches, Executive Director MINED LAND RECLAMATION DIVISION DAVID C. SHELTON, Director April 30, 1985 Mr. John J. Runyan Runyan Sand and Gravel P.O. Box 327 Rifle, Colorado 81650 RE: Runyan Pit, Permit No. 77-541 Dear Mr. Runyan: Action taken by the Colorado Mined Land Reclamation Board at their April 25, 1985 meeting was to issue a Notice of Violation for the following three reasons: MAY 2 1985 GARFIELD CD. PLANNiii A. The operator is not in compliance with the approved permit (as specified in the approved amendment) of constructing a 100 -year channel and installing the necessary check dams; B. The operator is not in compliance with CRS 34-32-116(1)(1) which states "Areas outside of the affected land shall be protected from slides or damage occurring during the mining operation and reclamation"; and c. The operator is not in compliance with CRS 34-32-116(1)(h) which specifies "Disturbances to the prevailing hydrologic balance of the affected land and of the surrounding area and to the quality and quantity of water in surface and ground water systems both during and after the mining operation and during reclamation shall be minimized". These three components of the violation were addressed earlier to you (letter of March 28, 1985) and were components of the Board's Reason to Believe finding at their March 17, 1985 meeting. Further action by the Board at their April 25, 1985 meeting resulted in the following approved motions. 1. The Board rescinded its previous deadline of having the two culverts removed; of having the 100 -year, 24-hour channel designed and construction supervised by a qualified, registered professional engineer; of repairing flood damaged slopes; and of correcting off-site damages all by April 15, 1985. 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 • 0 Mr. John J. Runyan - 2 - April 30, 1985 2. The Board rescinded its previous decision of requiring the removal of the two (2) culverts in the northwest part of this site since they will be used as part of the energy -dissipation system. 3. The Board decided to not issue a Cease and Desist Order for the violations found. 4. The Board decided to not assess any civil penalties but specified the recently submitteTTechnical revision pertaining to channel reconstruction must be approved by the Board at their May 22-23, 1985 meeting. 5. The Board granted the Division authority to approve the technical revision pertaining to channel reconstruction prior to the May 22-23, 1985 meeting to allow the operator the opportunity to begin channel reconstruction as soon as possible. The Division would then present the technical revision to the Board at the May, 1985 meeting for formal approval. The Division is in the process of reviewing the plans submitted by Dave Grounds for the channel reconstruction and will relay any concerns, should we have any, directly to Mr. Grounds. Your continued cooperation in resolving this violation is appreciated. 1 Peter V. Connor Reclamation Specialist PVOC/ljc CERTIFIED MAIL NO. P652 676 395 Return Receipt Requested cc: Dave Grounds, Mountain Engineering Glen Hartman, Garfield County Planning Department 9904F Co, )t' d z.Q.L /3 /3 J Ina 7 ,t, . a n rn,, &. ?0do 3 - aa93 Jared F �.ha idierr? day . ?o S a ccLlot , Q.°, 8/650 ,Sforitied. entigzi, 97o- 6a5- /548 if f a5� o 00 . oo pi am ec . 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