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HomeMy WebLinkAbout1.0 ApplicationDate: • • ,SPECIAL USE PERMIT November 29, 1983 Applicant: John J. Runyan Address of Applicant: P. 0. Box 327, Rifle, CO 81650 Special Use To extract overburden for reclamation of adjacent land as required by the Colorado Mined Land Reclamation Board. Legal Description: T.6 S., R.93 W., 6th P.M. Sec. 18: That part of.the NE$NE* described as follows: Beginning at the NE corner of said Sec. 18(a county surveyor's monument); thence(th.) south 680.00 feet(ft.) along the east line of said NEINEa to the true paint of beginning: th. south along east line of said NE*NE1 560.00 ft.; th. west 300.00 ft.; th. north 320.00 ft.; th. N.39°38'20" E. 312.42 ft.; th. east 100.00 ft. to the pt. of beginning, covering 3.31 acres, more or less. Requirements: Pursuant to the following requirements there is submitted herewith and incorporated herein letter dated 11/29/83 to the Garfield Co. Dept. of Development from my attorney, Charles 1. Plans and specifications for proposed use. M. Stoddard 2. Letters of approval from utility companies, sewage and water.- Road access and other information deemed necessary. 3. A vicinity map drawn to scale depicting the subject property, location and use of buildings and structures on adjacent lots. 4. An impact statement on the proposed use (see 5.03.07 - 1.03.09 of Zoning Regs.) 5. A copy of Assessor's map showing property; and a listing of all adjoining property owner -• Notice containing information described under paragraph shall be mailed to all owners of record of these lots at least 5 days prior to the hearing by certified return receipt mail. 6. Notice including the name of the applicant, description of the subject lot, a description of the proposed special use and the time and place for the hearing shall be given in the newspaper of general circulation in that portion of the County at least fifteen (15) days prior to such hearing time. Applicant shall bear the cost of advertising. 7. A fee of 4589-O shall be charged for each application and shall be submitted with the application This Special Use Permit is in compliance with Sections 5.03 and 9.03 of the Garfield County Zoning Resolution and as per application. a tine Gel 7 List all property owners • *1'^ 2nn {"&4- f subject property lines. 1) Assessor's No. 099, Financial Planning Consultants, Inc. 325 E. Hillcrest Dr., Ste 200, Thousand Oaks, CA 91360; 2) Assessor's No. 012, Lee R. Hopson & Margaret N. Hopson, P. 0. Box 262, Rifle, CO 81650; 3) Assessor's No. 267, L -P Gas & Appliances Co., P. O. Box 8 • in s, • : .1 ; Assessor s No. 042, W. F. Clough, P. 0. Box 686, Rifle, CO 81650; 5) Assessor's No. 103, Stella Wooley, 24081 Hwy. 6, Rifle, CO 81650; 6) Assessor's . •. ar ners ip, '.•. :ox :.:, A'1 e, C• : 650; 7) Assessor's no. 187, AttacfihYnaps• owirig°dii in r%�k t ,(1910e i5i0gn�) i�L V w2F)' saf9•3.I' p tq ArEt• ds"isea ' * and area. Show all improvements on your property and adjoining property within 200 feet of your boundary. The above information is correct to the best of my knowled e. .•••• •1 *June Blackmore, 11955 320 Rd. Rifle, CO 81650 Proof of Publication Mail Receipts Fee Special Use Granted Special Use Denied Reason for Denial Ap Date: icant 3 Board of County Commissioners Garfield County, Colorado ---•••••• Srr a h., rcc , _• t • 3.31 acre parcel subject of application < r • ' L !_ f 0* :1;77 1 .......1 ,4,/, _2 _s �Z / h T F F r 7.4 r f 1 1 . —-- .. 1 SEE hFA! ! C J 2177- �C T— i 2C _ t 1 10 IftJ-P9.3r✓ 1♦ 13 2. 22 23 2. :3 33 :-0 :d —LCGEhJ— • • IS • • 0 0 f I, l CENVER• F U R I O O s. R R .. N AGREEMENT THIS AGREEMENT made and entered into by and between John J. Runyan (called "Runyan"), whose address is P. 0. Box 327, Rifle, CO 81650, Financial Planning Consultants, Inc. (called "FPCI"), whose address is c/o Dennis L. Mangrum, Esq., 325 E. Hillcrest Dr., Ste. 20Q, Thousand Oaks, CA 91360, and Betty M. Hollenbaugh(called "Hollenbaugh"), whose address is 401 Park Drive, Glenwood Springs, CO 81601, WITNESSETH: WHEREAS, on June 28, 1978, the Colorado Mined Land Reclamation Board (called "CMLRB") issued Permit No. 77-541 to Runyan to operate an open pit sand and gravel mining operation on that part of the NWiNWi Sec. 17, T.6 S., R.93 W., 6 P.M., lying north of the north boundary line of old U.S. Hwy. 6 & 24, Garfield County, Colorado; WHEREAS, the CMLRB has issued to Runyan Notice of Violation M83-13 and Cease and Desist Order dated September 30, 1983, copy of which together with copy of transmittal letter dated September 28, 1983, from James B. McArdle with the Mined Land Reclamation Division to Runyan, and copy of the therein referred to minutes of the CMLRB hearing in connection therewith are attached hereto and collectively marked Exh. A; WHEREAS, by lease agreement dated July 1, 1977, Runyan, as Lessor, leased the premises covered by Permit 77-541 to Loy Enterprises Sand and Gravel, a partnership, whose partners are or were Gordon Loy and Merrit Denison, as Lessee, called "Loy"; WHEREAS, Runyan has caused to be served on Loy and Denison a Notice to Quit the leased premises dated October 25, 1983, as supplemented by letter dated November 1, 1983 for (among other reasons): 1) Loy's damage to land lying westerly of and adjacent to the leased premises, such land being owned by FPCI subject to first deed of trust to Hollenbaugh, and 2) failure to reclaim the leased premises in accordance with the terms of Permit 77-541 as required by Art. VIII of the lease; WHEREAS, to comply with the terms of the Permit and the CMLRB orders, Runyan has filed an amended application for permit to enlarge the permitted area to include approximately 3.31 acres of the land owned by FPCI so Runyan can remove the overburden from said FPCI 3.31 acre parcel to the westerly side of the original permitted area for the purpose of reclaiming not only the original permitted area but also that part of the FPCI land northerly of the FPCI 3.31 acre parcel damaged by Loy's operations; WHEREAS, FPCI and Hollenbaugh are willing to authorize Runyan to include the FPCI 3.31 acres in his amended application for the limited purposes afore- said on the terms and conditions set forth herein: NOW, THEREFORE, for and in consideration of the covenants contained herein, and other good and valuable consideration, the parties agree as follows: • • 1. FPCI and Hollenbaugh authorize Runyan to include in his amended appli- cation for permit the FPCI 3.31 acre parcel and consent to the CMLRB issuing an amended permit covering said parcel for the limited purposes herein stated. 2. FPCI and Hollenbaugh authorize Runyan, and Runyan agrees, upon issuance by the CMLRB of an amended permit including the FPCI 3.31 acre parcel, to move the soil and overburden from said FPCI 3.31 acre parcel to, and for the purpose of restoring to substantially original grade, that part of the FPCI land damaged by Loy lying northerly of the FPCI 3.31 acre parcel, such grade to be reestablished to a point approximately 10 feet easterly of the common boundary line between the FPCI property and the Runyan property, and also to and for the purpose of reclaiming the Runyan property, by filling and compacting on a two to one slope and to 90 percent standard proctor density, all in accordance with any amended permit issued by the CMLRB. Runyan in removing said soil and overburden from the FPCI 3.31 acre parcel, shall remove approx- imately 82,000 cubic yards including that previously removed and leave such parcel with final contours approximately as shown on Exh. B attached hereto. Runyan shall remove no gravel from the FPCI 3.31 acre parcel. 3. Runyan also agrees upon issuance of an amended permit as aforesaid: a) to construct to Garfield County road standards the subgrade•for a 30 foot wide road with four foot drainage ditch from station 9 plus 50 to station 20 plus 50 as shown on Exh. C; and b) to construct a "lawful fence" as defined by 35-46-101(1) CRS, along the entire common boundary line between the FPCI and Runyan properties. Both the road and fence shall be completed by the time all reclamation is required to be completed under the amended permit issued by CMLRB. as provided by the amended permit 4. As soon as Runyan restores the land owned by FPCI /and construcs the road as aforesaid, FPCI and Hollenbaugh shall assign to Runyan effective as of the date hereof their claim for damages against Loy, and Runyan shall then be subrogated in the place of FPCI and Hollenbaugh to pursue their claim against Loy and his insurers. 5. This agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. /4 IN WITNESS WHEREOF, the parties have executed this agreement this 1 8 day %I7 ,--,, 1983. � 7/ Joh r� J. Runjan STATE OF COLORADO COUNTY OF GARFIELD ) ss. Betty M: Hollenbaugh, individually, and as attorney-in-fact for Financial Planning Consultants, Inc. The foregoing instrument was acknowledged before me this .a. day of , 1983, by JOHN J. RUNYAN. My commission expires: 'I )?fl -2- Notary Public �� iA 1)'(V STATE OF COLORADO COUNTY OF GARFIELD ) ss. The foregoing instrument was acknowledged before me this ±n day of T 1 1.(' f,p tj , , 1983, by BETTY M. HOLLENBAUGH, individually, and as attorney-in-fact for Financial Planning Consultants, Inc., a corporation. My commission expires: 7r 1 Notary Public 1 In_ l -3- ar.^, La, -In, DEPART9NT OF NATURAL RESOURCES David H. Getches, Executive Director MINED LAND RECLAMATION DIVISION DAVID C. SHELTON, Director • September 28, 1983 Mr. John J. Runyan Runyan Sand & Gravel P.O. Box 327 Rifle, Colorado 81650 i RE: Runyan Sand & Gravel Pit - File No. 77-541 Action Taken at the September 21-22, 1983 Meeting of the Mined Land Reclamation Board Dear Mr. Runyan: I have enclosed a copy of the September board minutes which clearly outline the action taken by the Mined Land Reclamation Board. Please review the enclosed minutes and contact me if there are any questions. I have also enclosed the cease and desist order for all activities outside of the permit area. Please be certain to contact me if there are any questions. Sincerely, ;James B. McArdle Senior Reclamation Specialist JBM/eap CERTIFIED MAIL NUMBER P 397 149 215 Return Receipt Requested cc: Mr. Dave Sturgis Delaney & Balcomb, P.C. Enclosure Doc. No. 5868 423 Centennial Building, 1313 Sherman Street Denver. Colorado 80203 Tel. (303) 866-3567 Richartl D Lamm Governor • • DEPARTMENT OF NATURAL RESOURCES David H. Getches, Executive Director MINED LAND RECLAMATION DIVISION DAVID C. SHELTON, Director STATE OF COLORADO MINED LAND RECLAMATION BOARD DEPARTMENT OF NATURAL RESOURCES IN THE MATTER OF: Runyan Sand and Gravel NOTICE OF VIOLATION M 83-13 • AND CEASE AND DESIST ORDER TO: Mr. John Runyan and all other persons presently owning or acquiring, now or in ithe future, an interest in Runyan Sand and Gravel. FINDINGS OF FACT Pursuant to the authority vested in the Mined Land Reclamation Board by C.R.S. 1973, 34-32-124, as amended (1976 Session Laws, H.B. 1065), the Board hereby makes the following Findings of Fact: 1. Runyan Sand and Gravel is operating a sand and gravel mining operation in the following location: NW/4 NW/4, Section 17, TBS, R93W of the 6th P.M., Garfield County 2. Runyan Sand and Gravel's disturbance at the mine site at any one time has exceeded 100,000 square feet. 3. Runyan Sand and Gravel has not reclaimed previously disturbed areas within 18 months, and final grade has not been between 20 and 30 percent. NOTICE OF VIOLATION You are hereby notified that the facts stated above constitute violations of Permit No. 77-541, specifically as follows: 1. Finding of Fact No. 2 is a violation of Exhibit D of the application approved by the Board on June 28, 1978 and incorporated by reference into Permit No. 77-541, which Exhibit D specifies maximum disturbance at any one time should not exceed 100,000 square feet. 2. Finding of Fact No. 3 is a violation of Exhibits D and E of the application approved by the Board on June 28, 1978 and incorporated by reference into Permit No. 77-541, which Exhibits D and E specify that previously disturbed areas would be reclaimed within 18 months and that final grade be between 20 and 30 percent. 423 Centennial Building. 1313 Sherman Street Denver. Colorado 80203 Tel. (303) 866-3567 1 • • -2- CEASE AND DESIST ORDER Based upon the foregoing Findings of Fact and Notice of Violation, and pursuant to the provisions of C.R.S. 1973, 34-32-124, the Board hereby orders you to: 1. Immediately cease and desist all operations outside the permit boundary and to suspend all mining activity within the permit boundary, except that you are allowed to remove a certain amount of overburden located within the permit boundary on the east side and you may begin backfilling the west side of the permit area for the purposes of reclamation only. You are also allowed to sell from processed gravel stockpiles within the permit boundary and in existence as of September 21, 1983. 2. To give written notice within one (1) day after receipt of this Notice to the Mined Land Reclamation Board of your compliance with paragraph one (1) of this Cease and Desist Order. In clarification of the rights of recipients of Notices of Violation, Cease and Desist Orders, parties are advised to consult the Colorado Mined Land Reclamation Act and the State Administrative Procedure Act. Nothing herein contained, particularly those portions requiring certain acts to be performed within a certain time, shall be construed as a permit or license either to violate any provisions of the Mined Land Reclamation laws and regulations promulgated thereunder, or to engage in any prospecting or mining operations within the State. Persons concerned with judicial review of the provisions of this Order are advised to consult C.R.S. 1973, 34-32-124(3), as amended (1976 Session Laws, H.B. 1065). Dated at Denver thi s <L day of =- 1 Doc. No. 5913 MINED LAND RECLAMATION BOARD Department of Natural Resources By ' (, • • MINUTES PAGE 7 AGENDA ITEM 11 - FORMAL PUBLIC HEARING, RUNYAN SAND AND GRAVEL, 77-541 All persons wishing to give testimony in this matter were sworn by the Chairman. Staff presentation was made by Reclamation Specialist, Jim McArdle, regarding a 25 acre sand and gravel operation located west of Rifle in Garfield County. At the August 24, 1983, meeting of the board, the board found probable cause that violations of the permit had occurred and the matter was set at the September meeting for determination of violations and consideration of corrective actions and civil penalties, if any, and bond adjustment. Reference ATTACHMENT F, letter of August 31, 1983, to Runyan Sand and Gravel. Slide presentation was made by staff and the alleged violations were read into the record from Attachment F. Staff further indicated that an addendum was found in the file dated May 30, 1978, which states that it was not the intent of the operator to segregate topsoil from overburden. Staff stipulated that this addendum would alleviate the alleged violation "F". Betty Hollenbaugh, adjacent landowner, was in attendance at this meeting and presented the board with her letter to staff dated September 20, 1982, ATTACHMENT G, together with pictures and an aerial photo, and outlined her concerns regarding the Runyan Sand and Gravel operation. Mrs. Hollenbaugh indicated that Financial Planning Consultants, Inc., is the landowner, she has a lien holder's interest. Dave Sturgis, representing Runyan Sand and Gravel, gave testimony on behalf of the operator responding to each of the proposed violations outlined in staff's letter of August 31, 1983. It was MOVED that the board find a violation of the permit has occurred on Item "A", relating to maximum disturbance. SECONDED and PASSED UNANIMOUSLY. The operator stipulated that they did go outside the permit boundary, as proposed in Item "B". For the basis of the record, it was MOVED that the board accept the operator's stipulation. SECONDED and PASSED UNANIMOUSLY. It. was MOVED that the board consider Items "C" and "D" as one Item and that the board find a violation of the permit on both "C" and "D" as one violation, failing to follow the permit in terms of reclamation. SECONDED and PASSED UNANIMOUSLY. It was MOVED that the board find a violation of the permit on Item "E", and that the board has found that the operation did adversely affect the surface water system. Motion died for lack of a second. FOR THE RECORD: It was felt that there was not adequate proof and it becomes irrelevant since other.facts exist to indicate a violation of the permit. It was MOVED that the board find Runyan Sand and Gravel in violation for operating not in compliance with their permit, based on the discussions on items A, B, C and D of the August 31, 1983, letter from the staff to Runyan Sand and Gravel. SECONDED and PASSED UNANIMOUSLY. MINUTES PAGE 8 AGENDA ITEM 11 - FORMAL PUBLIC HEARING RUNYAN SAND AND GRAVEL, 77-541, CONTINUED: Operator waived twenty -day notice of hearing for consideration of civil penalty. It was MOVED that the board find that Runyan Sand and Gravel Company has been in violation of their permit for a minimum of 60 days, that an assessment of S600 per day be established for a total civil penalty of $36,000. Of this $36,000, $33,000 be suspended upon the condition that Runyan Sand and Gravel Company pay $3,000 within 30 days to the State of Colorado and that the remaining $33,000 will be suspended if a permit is submitted and approved by the board by no later than the December, 1983, board meeting and that all of the environmental difficulties in the permit area are cured and the reclamation is made concurrent within one year of this date. If these conditions are not met on a timely basis then the remaining $33,000 would be due and payable immediately. SECONDED and PASSED UNANIMOUSLY. It was MOVED that the financial warranty of Runyan Sand and Gravel be adjusted from $9,200 to $210,000 within 60 days. SECONDED and PASSED UNANIMOUSLY. Staff recommended that the board issue a suspension order on all new mining activity until the permit has an approved amendment, that a cease and desist order be issued outside the permit area, but allow the operator to remove a certain amount of overburden located within the permit boundary on the East side and begin backfilling the West side of the permit area for the purposes of reclamation only. It was MOVED that the staff recommendation be accepted. SECONDED and PASSED UNANIMOUSLY. BOARD MEMBER, Chips Barry, arrived at the meeting. The operator requested board approval of removal of stockpile. It was MOVED that the Colorado Division of Highways be allowed to enter the premises and remove any gravel which they have already bought from the Runyan facility. However, Runyan Sand and Gravel should not be permitted to enter into any new sales of gravel whether it be processed or unprocessed. SECONDED and FAILED by a Vote of 0 for/4 opposed/1 abstention (Chips Barry). It was MOVED that the operator be allowed to sell processed stockpile out of the permit area. SECONDED and PASSED by a Vote of 4 for/1 abstention (Chips). AGENDA ITEM 28 - URANIA EXPLORATION, INC., FILE 80-1. Staff presentation was made by Reclamation Specialist, Linda Walker, regarding a request for release of financial warranty in the amount of $3,000. Site inspection was made on September 1, slides were shown. Staff indicated that the Forest Service wants the road to remain open for access to South Park. Staff recommended approval of the request for release of Financial Warranty. It was MOVED that the request from Urania Exploration for release of financial warranty in the amount of $3,000 be approved. SECONDED and PASSED UNANIMOUSLY. I I 5 413 5 54130 1125 55120 5445 - - - 5-Szos - --_ . 401 'y ,IT'F. - - ----5395 5-38E_ _---sir,-53 a -536=~`-t • • 1 f /1 j• • t • i' • �� • / 4• yr- t • • 7• i 7,55.40 EXHIBIT B .1'1 • ' 'may f. •"`,�� / • A' \ \ `'„,.�_ ` f _. .tp •, \ - {' - i : • _ 4 ROiD • \ A _9039'58 R =470.00: L = 79.29 LIBII1X — • . \ •, __1 1. /; N • • • •:l 1 I -1 • Tr / • ss / / 1 1 i ., ; 1 1 1 / .. i , 1 1 ; • : ,• i , , _ . r 1 �.; i': • ;.l' ,' . 1 ;11' ' l i 1! 1 1, i 'I'• , : 1 11( 1t''•'1i AI 1� //.' (I i , Is \ 11 1-: 3....t, .1. ` 1' li 1cA - , 17:Il c ' I 1 `// 1 ' i. .i ' .J 1. FI} , j I , .. . I, n .1 .-. ! ;1, i •I � ° , i. I1; ,,,J l ; , / l l' "if 1! :/ 1 cb 2]• I !i 4 r i 1,1 1_ i 1 ! : 1, �' // .r • 1 7 C J5. ' 1, j : !ll :r l \\ 1 _ - iL — o '-- 1 ;. <-2,1/1 Gam, • F7A. Financial Planning Consultants, Inc. Corporate Offices 325 E. Hillcrest Drive. Suite 200 1 housantl Oaks. CA. 91360 (713) 991-2343 • (805) 497.1040 October 28, 1983 Colorado Mined Land Reclamation Bureau 1313 Sherman Street, Room 423 Denver, Colorado 80203 ATTENTION: James McArdle RE: John Runyan Gravel Permit 07-541 Dear Mr. McArdle: Att l atetl with Westlake Securities. Inc. Chancellor Insurance Services, Inc. Frnancral Planninp Institute Please be advised that Betty Hollenbaugh is acting as an agent for F_P.C.I_, Inc. in getting land reclaimed in connection with the above-mentioned permit. LWG:DLM:bp cc: Charles Stoddard Betty Bollenbaugh Sincerely, a°:(N LW.:.GI Executiv- Vice President • Charles M. Stoddard Attorney at Law 812 Pitkin Avenue, P. 0. Box 697 Glenwood Springs, Colorado 81602 November 29, 1983 6)-L';4 // Garfield County Department of Development 2014 Blake Ave. Glenwood Springs, CO 81601 Attn: Ms. Cynthia M. Houben Planner RE: Application for Special Use Permit by John J. Runyan Dear Ms. Houben: Telephone 945-7474 Area Code 303 Pursuant to the meeting with the Board of County Commissioners on Monday, November 28, 1983 and my discussions with Mark Bean and yourself, submitted herewith is application for special use permit by John J. Runyan, to wit: 1) The plans and specifications for the proposed use were previously submitted by Mountain Engineering & Land Surveying Co., being a copy of "Amended Application For Mining & Reclamation Permit" filed November 1, 1983 by Runyan with the Colorado Mined Land Reclamation division pursuant to the Colorado Mined Land Reclamation Act, 34-32-112, CRS; 2) No letters of approval "from utility companies, sewage and water" are submitted, since there will be no utilities used, no sewage generated or water needed. Road access will be through Runyan's land adjacent on the east to the subject land. 3) Exhs. B, C and F of the aforesaid "Amended Application For Mining and Reclamation Permit" together comprise a vicinity map depicting the subject property, location and use of buildings and structures on adjacent lots. 4) For impact statement, Applicant incorporates the "Amended Application For Mining and Reclamation Permit" and states that use shall be designed and operated in compliance with all applicable laws and regulations of the county, state and federal governments, and will not have a significant adverse effect upon: a) existing lawful use of water through depletion or pollution of surface run-off, stream flow or ground water; b) use of adjacent land through generation of vapor, dust, smoke, noise, glare or vibration, or other emanations; and Garfield County Dept. of Development Page two November 29, 1983 c) wildlife and domestic animals through creation of hazardous attractions, alterations of existing native vegetation, blockade of migration routes, use patterns or other disruptions. Truck and automobile traffic to and from the use shall not create hazards or nuisances to areas elsewhere in the county. Sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use. 5) The Amended Application For Mining Reclamation Permit is solely for rehabilitation and reclamation of the subject land and the adjacent land owned by Runyan. Runyan is required by the Mined Land Reclamation Board to submit, and is sub- mitting, his financial warranty, promissory note and performance warranty in the amount of $210,000 to assure site rehabilitation and reclamation. 6) Runyan will comply with the provisions of the 5.03.08of the Garfield Zoning Resolution of 1979, as amended. 7) Copies of the northwest quadrantsof Garfield County Assessor's maps2177 & 2177-172 covering T.6 S., R.93 W., depicting the 3.31 acres which is the subject of this application and a list of adjoining property owners are attached. Also attached is copy of notice printed in the Glenwood Post Nov. 29, and which will be printed in the Rifle Tribune on Dec. 7. There are no present or proposed improvements on the property or so far as known within 200 feet thereof. 8) A copy of agreement between Runyan, Financial Planning Consultants, Inc. and Betty M. Hollenbaugh, and copy of letter dated Oct. 28, 1983 from Lynn W. Giles, executive vice president of Financial Planning Consultants, Inc. to the Colorado Mined Land Reclamation Board are also attached hereto. Unless advised to the contrary, it will be assumed the foregoing is the info needed for the staff to recommend approval of the requested special use permit. Thank you for your consideration. Sincer -1y, Charles M. Stoddard Attorney for John J. Runyan CMS:gw Enclosures cc: John J. Runyan /* s DEPARTMENT OF NATURAL RESOURCES 0 Mone r ascce E+e;ulioe C .,e MINED LAND RECLAMATION DIVISION DAVID C. SHELTON Director AMENDED (112) PERMIT APPLIcATIc"; :'ORM State of Colorado Department of Natural Resources MINED LAND RECLAMATION BOARD AND DIVISION 1313 Sherman Street, Room 423 Denver, Colorado 80203 (303) 866-3567 Application for Mining and Reclamation Permit, Pursuant to 34-32-101 et seq., C.R.S. 1973, as amended (Type or Print Clearly) y . Name of Operation (pit, mine or site name) RUNYAN SAND AND C= RAVEL 2. Name of Applicant/Operator (name to be used on permit) JOHN J. RUNYAN 3. Address and Phone Number of hA?0t4teX HOIIE 2052 WEST 2nd STREET 625-1484 MAILING ADDRESS P.O. BOX 327, RIFLE,CO.81651 . Address and Phone Number of General Office N/A 5. Name and Phone Number of Person Staff Xemt'ers Should Contact JOTII J . RUNYAN 625-1484 6. Parent Corporation, If Any (include name and address) (\LONF 7. Owner(s) of Record of Affected Land (surface area) (if more than two, list in EXHIBIT P) ,MHN J AND LTRCINIA LEI' BUAIYAP Financial Planning Consultants Inc. 8. Owner(s) of Substance to be Mined (if more thn two, list in EXHIBIT ?) JOHN ,1_ AND VTRGTNTA T. RIINYAN 9. Source of Legal Right to Enter (indicate what type of proof is included in EXHIBIT 0) See 34-32-112(2)(d) GRANT DEED - OCTOBER 27. 1969 0. Type of Mine and Substance to •be Mined (specify underground, open pit, quarry, etc. and substance(s) to be mined) OPEN PIT MINING OP S ID AND GRAVEL 423 Centennial Building, 1313 Sherman Street Denver, Coloradc 80203 Tel. (303) 866-3567 AMENDED (112) PERMIT APPLICATION FORM -2- aGeneral Location and Elevation (miles and direction from nearest town and approximate site elevation) ADJACENT TO OLD HIGHWAY 6 AND 24, WEST OF RIFLE, COLORADO - SEE INDEX MAP ELEVATION OF 5400 FEET 12. County GARFIELD 3a. Total Surface Acreage to be In- cluded in Permit. (see Rule 1.1(2)) 44 acres 3b. Total Acreage of Affected Lands (see Rule 2.11(14)) 44 acres 14. Application Fee (see RULE 2 to determine amount, based on permitted area) $199 on 15. Present Land Use (i.e., agri- cultural, industrial, etc.) SAND AND GRAVEL MINING 16. Surrounding Land Uses AGRICULTURAL, HIGHWAY AND RESIDENYIAL 17. Proposed Future Land Use (final use after reclamation) LONG RANGE PLAN WOULD UTILIZE LAND FOR HOUSING OR COMMERCIAL DEVELOPMENT In Violation of the Act. (see IIList Mining Operations Currently 34-32-120) 19. The Lands Herein Do Not Affect any of the Lands Described in Section 115(4)(f) of the Mined Land Reclamation Act. (specify affirmation) THE LANDS HEREIN DO NOT ATTFC'T ANY OF THE LANDS DESCRIBED IN SECTION 115 (4) (f) OF THE MINED LAND RECLAMATION ACT, MAPS AND EXHIBITS With each of the five (5) copies of the application form, the applicant ing set of the maps and exhibits outlined in RULE 2, as follows: 1. EXHIBIT 2. EXHIBIT 3\ EXHIBIT 4. EXHIBIT 5. EXHIBIT 6. EXHIBIT 7. EXHIBIT 8. EXHIBIT 9. EXHIBIT 10. EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 . EXHIBIT 15. EXHIBIT 16. EXHIBIT A B C D E F G H I J K L M N 0 P - Legal Description - Index Map - Pre -mining and Mining Plan Map(s) of Affected Lands - Mining Plan - Reclamation Plan - Reclamation Plan Map - Water Information - Wildlife Information - Soils Information - Vegetation Information - Climate - Reclamation Costs - Compliance with Local Zoning - Other Permits or Licenses - Source of Legal Right to Enter Owners of Record of Surface and Subsurface Rights) See See See See must submit a correspond 34-32-115(4)(o)& 109(6) & ( 34-32-115(4)&(4) (c) 34-32-112(2)(d) 34-32-112(2)(b)&(c) i AMENDED (112) PERMIT APPLICAT FORM -3- NOTICE OF PROCEDURES After the application is considered "filed" (pursuant to RULE 1.1(10)) with the Mined Land Reclamation Division, notice procedures outlined in RULE 2.2 must be followed. (Format for such notices will be included in the letter you receive from the MLR Staff informing you of the completeness ("filing") of your application. COLORADO WATER LAWS The permittee is encouraged to contact the State Engineer, with regard to the administration of water rights, and the Colorado Department of Health, with regard to the discharge of pollutants into the waters of the state. Violation of Colorado water laws could result in enforcement actions taken by the State Engineer and/or the Colorado Department of Health. ADDITIONAL INFORMATION This space can be referenced for further information of ar.+) of the items in this form. LI FM 16 - THE ADJACENT PROPJRTy.WEST fT.'1'a PROPQEED__ 4Tl►1F SITE HAS BEEN WITHDRaW2ILLWX1iMga HAS BEEN USED TO SIIEPT.v FTLT. fTRT FnR 1-70 To the best of my knowledge, all the information presented in this application is true and correct. BY: TITLE: (Signature by individual legally authorized tc bind the operator to this application) DATE: (Rev. 7-29-82) • • - INTRODUCTION - The original application for the Runyan Sand and Gravel Company was submitted to the Mined Land Reclamation in Nove- ember of 1977. This application was for an OPEN PIT MINING OF SAND AND GRAVEL. The application was approved and Permit No. 77-541 was issued. The purpose of this submittal is to amend the original application. This amendment is required because the original pit limits have been expanded on the West side of the pit and the pit has been worked so that a significant effect on plan- ned reclamation has resulted. At the present time, approximately 20 acres of the pit have been mined. As addressed in Mr. James B. McArdle's letter dated July 18, 1983, several requirements of the original per- mit have been violated. The new Reclamation Plan will address each of these violations. Because of the very short time frame given Mountain Engineer- ing and Land Surveying Co. to prepare this report, the Amended Permit Application relies on much of the original application information. Also, the mapping information was obtained from previous mapping by Eldorado Engineering and Shale County Sur- veying. However, the reclamation quantities are based on repre- sentative field cross-sections taken by Mountain Engineering and Land Surveying Co. • • EXHIBIT A -- LEGAL DESCRIPTION OF PROPERTY TO BE MINED. PARCEL A OF LAND SITUATE, LYING AND OE1NG Oft J1ND TATE OF COLORADO, TO -W 1 T. THE NWI/44NW1,4 OF SECTION 17, TP. 6 S., R. 93 W. UV NO NDRTN er THE NORTH BOUNDARY LINE OF OLD . 6 6 84, AS IN PLACE AND USED IN 1944, TOGETHER 0 WATt RIGHTS APPURTENANT TO TME ABOVE LAND. T BF a WAY Of I„ ZI1 TAT I ON, 0.5 OF A CUe I C FOOT TIME 0Or PRIORITY No, .1 OF THE PIONEER INS ZTS T X11 RIFLE CRE*K1 SUOJECT, HOw- NTS OP ;A SIC Oa PRIVATE NATURE OF RECORD OR ="O' . Col z ►TINp"i OF 40 ACAS mai' OR LESS. • • EL F LAND LOCATED LN THE NEI./4NE1/4 OF SECTION.18, RANGE 93 WEST OF THE 6th Ppoc'IP ME$IDIAN, COLA CAO MORE PARTICULARLY D, 4000BE D .AS 'FOLLOWS: T #THE NE CORNER OF SAID SECTION 18, A DUN ' SURVEYOR'S • SCE SOUTH 680.00 FEET ALONG THE T LI1' OF SAID ./4NE1/4 TO '''HE TRUE. POINT OF BEGINNING; THENCE SOUTH ALONG SAID EAST 14 ' OF SrAID.' NEl/4NE1/4 A DISTANCE OF 560.1 b FEET: IOESCR WEST300.00 FEET; THENCE NORTH 320.00 FEET; THENCE TI 39'4020" East, 312.41 feet; THENCE EAST 100.00 FEET TO Tim POINT Or BEGINNING CONTAINING 3.31 ACRES MORE OR LESS. EXHIBIT B - INDEX MAP Location of affected land, roads and access road. • EXHIBIT C - MINING PLAN MAP Conditions of pit as it now exits. location of creeks, roads, buildings, gas line, power lines and telephone lines. Existing topography Area to he involved in operation. Statement of vegetation cover. EXHIBIT D - MINING PLAN Ali mining has been completed. • • • EXHIBIT E - RECLAMATION PLAN • - RECLAMATION PLAN - Reclmation effors will begin as soon as weather permits after receiving approval of this Amended Application. Ini- tial efforts will be directed toward stabilizing the West pit bank, draining the existing ponds, removing the dam in the drainage in the. Northwest corner of the pit and recreat- ing a natural drainage channel. The vertical cut -bank on the West side of the pit, adjacent to and encroaching onto property owned by Financial Planning Consultants Inc. will be stabilized by placing fill material compacted to 90% Standard Proctor Density abutting the near vertical slope. The finished slope will be 2:1. Approximately 82000 yard of fill material will be removed from Financial Planning's property. The remaining 10,000 yards will be hauled from the overburden now stockpiled in the drainage channel located in the Northwest corner of the pit. The re- maining overburden will be used to finish the North slope of the pit. As slopes on the North and East sides of the pit do not directly impact adjacent property owners, these slopes will not be compacted, but they will be graded to a 2:1 slope by dozers by dozing from the top down. All of the small ponds within the pit will be drained and the dams removed. A drainage channel will be graded through the pit. Any polluted water (containing oil and or gas) will be pumped and hauled to the local 'sewage treatment plant. • After the existing stockpiles of gravel have been sold and removed, the pit floor will be graded and leveled. There appears to be no topsoil stockpiles remaining. Due to the silty nature of the overburden, it is anticipated that native grasses will grow with proper fertilization. As soon as an area is regraded and or stabilized, the area will be fertilized, seeded and mulched. The Soil Conservation Service will be asked to make a specific planting treatment as soon as a typical area is completed. For the purpose of this sub- mittal, their attached recommendation has been used. All of the above reclamation effors will be completed by September 21, 1984. • • • Form 1541-1 (May 1967) UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT SHORT NOTE TRANSMITTAL -4)3 (Duce) T O 5 FROM SUBJ ECT: c a)( 14c0 Oil efESTED ti)i'LEA (`AS(hS (A</c. �sTA� DasrLto Vki-SW\) r a), L,s. �ck L 4.6\ib6,z t li\LA,, &\.0v.o\f) wti_ A SSS a lbs(AUL- • ?, , RoZ 10 /kJ L Note; Return this form when action is completed or uttuch it to data requested i;u 5 OOVtKNMLN1 VHIN1INia UFFIIt IY/Y - Ith M,ld • • EXHIBIT F - RECLAMATION PLAN MAP Expected physical appearance of area. Topography of area. final land use, reclamation timetable • • EXHIBIT G - WATER INFORMATION • • • WATER INFORMATION 0.5 Of A Cubic Foot Of Water Per Second Of Time Jut Of 1'roiority No. 1 Of The Pioneer Ditch No. 1 See Deed Runyan Springs.No.1, No. 2 & No. 3 Filed on April 21, 1972 SEE MAP & LETTER Eldorado Engineering failed to chow existiii ronds on, map when 1 c:; piieu for first permit. See letter from Don Crane, Wildlife Conservtion Officer. it te11e about existing ponds. • (=''ILEl7 EF M`IM(TER REiEREE APR 2 11972 A.T1; O;' (21,0I:ADU • • IN TEL DISTRICT COURT IN FOR WATER DIVI:;IG:J NO. STATE OF COLORADO' Application No. W-450 IN THE MATTER ()1 TiIE APPLICATION POR WATI:R RIGHTS OF JOHN J. RUNYA1 AND VIRGINIA LEE RUNYAN IN GARFIELD COUNTY AND 5 r.r;1Nti)r:n nr,i`:G O; RI:FI:a ;r. The above entitled matter having been FILED T„ Divi:)iun 1\o. :. 1 Ant 1972 STATE OF C0121200 S, WATI_It CLLR.: riY Gr.l'll1Y referred to the under- signed as Water Referee for Water Division No. 5, State of Colorado, by t.nc Water Judge of said Court on the 23rd day of December, 1971, in accordance with Article 21 of Chapter 148, Colorado Revised Statutes 1963, as amended (Chapter 373 S.L. Colo. 1969), known as The Water Rights Determination and Administration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the application are true and having become fully advised with respect to the subject matter of the application does hereby make the following determination and ruling as the Referee in this matter, to -wit; 1. The statements in the application are true. 2. The names of the structures' are; Runyan Spring No. 1, Runyan Spring No. 2, and Runyan Spring No. 3 3. The name and address of the claimant is; John J. Runyan and Virginia Lee Runyan, % Wm. Atha Mason, P. 0. Box 907, Rifle, Colorado 81((50. 4. The source of water is frons the seepage area:; and springs described in paragraph four hereof. The springs are located on applicant's property in Garfield County, Colorado, described as follows, to -wit: That part of the ::I; 1/4 1/4 of Section 17, T. 6S., R. 03W. of the 6th P.M. lyi.ncl I:orth of the North boundary line of olci U. S. ilinhv:ray• No. r t. 24, , as in place and used in 1944. The springs are not tri:iuLar to ai'I}' water course. } 5. The lt`il.l1 description of each point of diversion of p olhl;t.,, diversion: The location O1 i;tl1 V,l1'1 ,`.(`1 11;11 !:o. 1 an.l til.' of diversion l.i rt': ror' .Lf; k c,(te i at .l point low rhonL'r 1:11('. 17or tllweut Corner of Scct ton 1.7 , T. 03l.l . of Lilo P.n. 1)( -:Ire i:Ort;. 32°13'2('" Yost- '6:1.nn fc0L. Mc `JOi'.t of CI .V''r51On of ;�'l.:l\��:Il :���r 1.i:il ;'o. 2 is locate(, .(.t i( s < pni nt frola whence the I;orthwos L Corner ni Section 17, T. l•: . , P. 93W. of the 6th P.11. bear: North 33°40'23" W. 13,1.2•) Coot. 11.0 location of 1unyru, :'l•; i l.ir fl(.. 3 and the point o: diveruion therefrom is locate(.; at a joint from whence the 'Eortll•.tiest Corner of Section 17, T. 6S. , R. 93W. of the 6th P.M. bears North 49°02';31" West 1519.43 feet. • • 6. The proposed use of the water is domestic and other beneficial uses. 7. The date of initiation of the appropriation is as follows: Runyan Sprin:, No. 1, September 23, 1011, by SUrVey. Runyan Spring No. 2, September 23, 1971, by survey. Runyan Spring No. 3, September 23,'1971, by survey. 1pplied to a beneficial use, October 1, 1971. 3. The amount of water claimed by diversion in cubic feet of water per second of time: Runyan Spring No. 1, .0170 CFS, conditional. Runyan Spring No.:2, .00297 CPS, conditional. Runyan Spring No. 3, .0036 CFS, absolute. 9. Runyan Spring No. 1 is supplied by a small seepage area and collection ditch. The supply of water from Runyan Spring No. 1 is .0179 cubic feet of water per second of time or £3 gallons of water per minute. Runyan spring No. 2 is supplied by a small seepage area and collecon ditch. The supply of water from Runyan Spring No. 2 is .00297 cubic feet of water.per second of time or 1.33 gallons of water per minute. Runyan Spring No. 3 has a perforated pipe at the spring. The pipe collects water from the spring and from a small collection ditch and seepage area. The pipe contains a tee which is inserted in a plastic pipe 4" in diameter and approximately four feet long to transport the water to -a 1700 gallon storage tank. The supply of water from Runyan Spring No. 3 is .0036 cubic feet of water per second of time or 1.62 gallons of water per minute. The Referee does therefore conclude that the above entitled application should be granted and that an absolute decree for 0.0036 cubic foot per second of time is hereby awarded to Runyan Spring No. 3, and a conditional decree for 0.0179 cubic foot of water per second of,time is hereby awarded to Runyan Spring No. 1, and.a conditional decree for 0.00297 cubic foot.of water per second of time is hereby awarded to Runyan Spring No. 2,' for domestic and other beneficial uses, with appropriation date of September 23, 1971; subject, however, to all earlier priority rights of others and to the integration and tabulation by the Division Engineer of such priorities and changes of rights in accordance with law as may be determined inpending supplemental general adjudication proceedings. As to Runyan Spring No. 1 and Runyan Spring No. 2, ,application• for a hiunnial finding of reasonable di.licnrnce :,hall he filed in Docrm).>r of 1073 and in December of every :second calendar year thereafter :,o 1o,ui as l.ho claimant desires, to maintain this conditional water right or until a determination has been made that this conditional water right has Lecoe an al.J olutc water right by ,reason of the completion of the appropriation. It is accordingly G DERED that this ruling shall :Xe filed with the Water Clerk and shall become effective upon such filing,'subject- to judicial review pursuant to Section 145-21-20 CPS 1963 as amended (1971). It is further ORDERED that a copy of this ruling shall be filed with the appropriate Division Engineer and the State Engineer. �/4 Done at the City of Glenwood Springs, Colorado, this Z) `clay ofp21z , 1972. BY TIE REFEREE: t << ,r Referee Water Division No. 5 State of Colorado • EXHIBIT H - WILDLIFE INFORMATION Wildlife resources on the affected area. Seasonal use of area. Endangered species information. General effect of proposed operation on wildlife. • • 6JILDLIFE STATEiiE11T FOR MINE PEIUUT AFL'L.ICATIOU 1. Nine Company-3� John au�nyan, ox ]eg8, hide, Colorado 81650 2. t el` 1f, figia46Uiat, �{1YW( COTdra 6. S'1'hat part of the NW1/4 Nw1/4 of Sec. 17, Tp. 65., R. 93W. or the lith P.M. lying; North of the North boundary lino of old US Highway b & 24, au in place unu Lead in 15)44. . Duration of Operation Approximately Ton Yours 4. Total Area Dietutbed- How many acres at u time. ApproxLaately twenty-fivo &crew totally diuturbuu at two and ono -half acre' per year for the tan your period. 5* Vidi Aetkill ititel'aDtiii; cottontail, rock uquicrel, gray fox, mule door, m&rah hawk, wparrow hawk, red-tailed hawk, turkey vulturu, magpie, common nighthawk, dongbirdu 6. Endangered Species Impacted None 7. Assseasment of ruing Impact pn %i1d fel w�yen ownnw acres at tinlocation ocu on and he fouls that. twenty- five &creel of thio can bo removed au tupuoil and gravel. Thio land id situated betweun a residential and farm -pasture areas. Thio 40.70 acres is of little_ 4b40,Qam ler wildlife wept for the uprine and cuver in draw-.-/ Thu upring and umall pondu may be prudently used uu watering) ('-holea for wildlife. 8. Proposed Mitigation Measures Including Reclamation for �t ldlife H bitt ope pond 'dee to no greater than 00 degneeu to allow a mound ui' e'oape for any entrapped wildlife. i) r, Prepared by. • • Date: 9-30-77 Wildlife Condervuti bn Officer Title Use additional sheets as necessary for any of the above. • • EXHIBIT I - SOILS INFORMATION Statements from the U.S. Department of Agriculture, Soils Conservation Service. Scils map. • ► :. r 3to- I'.ut►rn, 2fi to 65 u'r,:rn►I. 'Chi:: 1n u morlurr�Lu iv :roup, wall d't i nud su i l ,,n hruaks, r i ir' �s 1.1,A :.►illus lulrus nt el'Jva'. ions of 6000 to 7000 foot. It formed in ierunr ly c . lchr•uous st,u lu, scancj3tunu, and basaltio alluvium. Thu avuraru annual pruc1pituLiuu is uout. 14 inohea, r'toun annual air tr►rrpur•f►turu is about 4601.., un'l thu uvuru „ t'ro:it-frau period is about 110 duy:i . InclAod in thio unit aro small sr•'.iu or ski, l., outcrop, u11. having' :.lurrs of 25 to tib percent. Typically the surfuca luyur Is brown stony loin t* otit 5 tnChus Lhrck. Thu Sub *rfa,'e is palu bruwr, stony loam about 11 inches thick. Thu ur,hstr►Aum 1s very strong calcareous loam that extends below 40 inches. rr^^, Pernue►bllity is mudurutel rapid. I•Tfocti•'n rooting dupth is 15 t.0 'f. _notes. Available water capacity is 0.10 to 0.13 in./in. Urrunic nuxt.L,:r cuntnnt • in t:h . sort'ace layer is luw. Surface runoff i u h i rF► and oroslun huau,• 1 is high. Thi:i soil Is usade fur rangeland. "ucuus'• or stoup s lopus and utrr,rinuss, urban duvrrlopn►erat should bo limited. Lund Capability Unitr 7E Ratans Sit jt loamy Breaks • 10C• -Potts; lutiw, 3 to 6 percent slope:;. This deep, well drained, moderately sloping soil is on mesas,bcr,et,us and valley iduslope t. It formed in eolian materials un alluvium from sandstone, .:hale uv basalt. Elevation ranges from 5,000 to 7,000 feet. Th t,vu,•age annual precipitation, i:. abuut 14 iuchu:, tht: average annual air temperature is about 46 degrees F., and the average frost -fret; period is. about 120 days. Typically, the surface layer is bruwu loam about 4 inch::, thick. The subsoil is reddish brown light clay loam about 24 inches thick. The substratum is pinkish whiter loam 'extending to a depth of more than 60 inches. Included with this soil in mapping are small areas of Olney, Kim and Ildeipnso soils which make up 10 to 15 percent o1' the mapping unit. These soils have slopes of 3 to 6 percent. Permeability of the Potts soil is moderate. Effective ruuting depth is 60 inches or wore. Available water capacity is high. :3ur- face runoff is slow and the erusior, ha::ctrd is moderate. This soil is used mainly fur irrigated erui,s and hay, and fur dryland farmilrg. Alfalfa, suu.,ll grains, and grass-1egwue hay etre grown. Small areas of this suil are also used for livestock grazing. Flooding is the usual method of applying irrigation water. Conservation practices that include irrigation ditch drop :structures, • Y • 10C -Potts loam grass waterways, and minimum Lillagu are nucusaary to ovoid serious erosion losses. These soils pipe easily, ar►d irrigatiun water manage- ment is extremely important in avoiding; excessive piping. Cover crops or atubble mulching in dryland farming areas will also help to limit erosion losses. The native vegetation on this soil is vainly bluc;bw►cl wheat- grasai western wheatgruss, needleandthread, and big sagebrush. When the range condition deteriorates, forbs and woody shrubs increase. When the range is•in poor condition, undesirable weeds and annual plants are numerous. ['roper grazing manageiuer►t maintains and improves range condition. A reduction in brush im- proves deteriorated range sites. Seeding isa good practice if the range is in poor condition. Suitable planta for uu.iding ►lru eruutud wheatgrasa, wu:rtern wheatgraus, and Russian wildrye. For successful seedings, a good practice is to prepare a seedbed and drill the sued. Wildlife using this soil for habitat include pheasant, mourning dove, cottontail rabbit, some mule deur, and squirrel. Potts soil has good potential fur community and recreational development. The main limitations fur these Uses are strength, piping, and frost -heave. Dwellings and roads design can be designed to cumpen- tate for these limitations. Community sewage systems are t►eeded if the population density increases. Capabilty subclass lIlc. vi/%// .17 lik r�� lap Unit No. 43F SAME AS 62F SOIL CHARACTERISTICS • Depth to bedrock . More than 60 inches Texture Surface Stony loam Subsoil Substratum : Gravelly sandy loam, very gravelly fine Unified Classification . GM, SM sandy loam • Permeability : Moderately rapid Percent coarse fragments 0-25 (greater thaq 3 inches) Salinity (ECx10 @ 25°C) pH (surface) 7.9-8.4 Shrink -swell Potential Low Potential frost -action (surface) Low Flood Hazard None Hydrologic Group B Corrosivity Steel (uncoated) High Concrete . Low DEGREE & KIND OF LIMITATIONS (0 is Slight, M is Moderate, S is Severe) Septic Tank Absorption Fields S Slope Sewage Lagoons S Slope, seepage Sanitary Landfill Trench S Slope Area S Slope Shallow Excavations S Slope, small stones Dwellings w/basements S Slope w/0 basements S Slope Local Roads & Streets S Slope SUITABILITY AS A SOURCE OF... Daily Cover for Landfill Poor Slope, small stones Roadfill Poor Slope Sand Poor Gravel Poor Topsoil _ Poor Small stones, slope, excess lime SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION • • • SAME AS 62F 43F-Ildefonso stony loam, 25 to 45 percent slopes. This deep, well drained, hilly to steep soil is on mesa breaks, valley sideslopes, and alluvial fans. A small portion of this unit is found on very steep to extremely steep mesa escarpments. It formed in mixed alluvium, primarily of basalt origin. A thin cap of reddish colored eolian soil material is found intermittently in this mapping unit. Elevation ranges from 5,000 to 6,500 feet. The average annual precipitation is about 14 inches, the average annual air temperature is about 46 degrees F., and the average frost -free period is about 125 days. Typically, the surface layer is brown stony loam about 2 inches thick. The subsurface layer is brown stony loam about 6 inches thick. The underlying material is white very stony loam that is very strongly calcareous and extends to a depth of more than 60 inches. Included with this soil in mapping are small areas of Potts and Ascalon soils. These soils are found on the less steep and depressional areas of the landscape. They make up about 5 to 15 percent of the unit. Permeability of the Ildefonso soil is rapid. Effective rooting depth is 20 to 30 inches. Available water capacity is low. Surface runoff is medium and erosion hazard is high. Ildefonso soil is used mainly for limited grazing and for wild- life habitat. The native vegetation on this soil is mainly pinyon pine and Utah juniper. The understory vegetation consists of Indian ricegrass, beard- less wheatgrass, junegrass, stemless goldenweed, low phlox, serviceberry, • • • SAME AS 62F L3F-Ildefonso stony loam 2 bitterbrush, mountainmahogany, and big sagebrush. When the vegetation deteriorates under the pinyon -juniper, grasses are almost absent while forbs and woody shrubs increase. Proper manage- ment of the vegetation on this soil will maintain a wood product and ground cover. Grazing value is low because of steep slopes and tree canopy cover. Firewood, posts, and Christmas trees may be obtained on the more gentle slopes. This soil is suited to the production of pinyon pine and Utah juniper. It is capable of producing 9 cords per acre when the stand attains an average diameter (at one foot) of five inches for trees over 4.5 feet in height. The low available water capacity can influence tree seedling survival. Steep slopes and a high erosion hazard will influence harvesting operations. Some of the wildlife using this soil for habitat include mule deer, chukar, wild turkey, gray squirrel, and cottontail rabbit. Ildefonso soil is limited for community development by a high content of stones and steep slopes. It is easily eroded and runoff diversion structures are needed for any roads constructed on this soil. Capability subclass VIIe. irt t, +,r CJD D_ X330* ,. k;3 x»aC • 411. !f wog wt X66F. 1 • 5I3 01 op X330E r • 1.4 • • r 3• .a • • • ,,' p .,. }: • ,J• t pXN- 2JJ-- 8 z. • • f • • • EXHIBIT J - VEGETATION INFORMATION Present vegetation types. • • • yEGETAT1Oft WORMATIQN THE VEGETATION ON THE PARCEL CONSISTS OF SAGEbRuSH, GRLAslwLUu, VARIOUS GRASSES, AND VERY SCATTERED JUNIPER AND COTTONWOOD 1REE;.,. THE MAXIMUM LAND COVER I5 ESTIMATED AT 1u -1.`.,Z FOR VLGLrAlluHi 1jL SCATTERED TREES RANGE FROM 3'-6' IN HEIGHT. THERE IS NO SPECIAL RELATIONSHIP OF THE VLGETAIIUN 10 tilt._ IWU SOIL TYPES. THIS LAND 15 NOT SulIADLE FUR AGRICULTURE OR LIVL- STOCK AND THEREFORE THIS IS NOT PART OF 1HE RECLAIMATION PLAN. 4 • EXHIBIT K - CLIMATE Significant climatological factors. • gLIMATE • THE AVERAGE SEASONAL PECIP1TATiON IS Ati(iuI ANNUAL AIR TEMPERATURE FOR THE ARIA 15 ALiUUT146IF;"AND .Ssi HE MLAN AVERAGE FROST—FREE PERIOD IS ABOUT 110 DAYS. • • 1 EXHIBIT L RECLAMATION COSTS - RECLAMATION COSTS - (estimate) • SLOPES TO BE REPLACED West side (filled and compacted) North and East sides (filled) 80,000 yds. 220,000 yds. @ $2.00/yd. $ 160,000.00 @ $1.00/yd. 220,000.00 REGRADE FLOOR OF PIT, FILL PONDS AND CREATE DRAINAGE CHANNEL 10 day @ $1000/day FERTILIZING MULCHING SEEDING • 25 acres - 100 lbs.acre @ $0.75/lb 25 acres - 2 tons/acre @ $300/ton 25 acres - 7 lbs./acre @ $10./lb. 10,000.00 1,875.00 15,000.00 1,750.00 TOTAL $ 408,625.00 * * This price represents typical bid prices. It may be possible to find a local contractor needing winter work that would be willing to complete the project for less. It is suggested that several bids be obtained and the bond could be set according to the bids. • EXHIBIT M - LOCAL GOVERNMENT APPROVAL Letter from Garfield County. L3ARFIELD COUNTY BUILDING INSPECTOR CcLENWUOD SPRINCiJ;, CULUFADO c,U1 2014 f31,.AKE AVENUE • September i3, 1W/ Mr. John Runyon C/o Mr. Ray Monahan 829 Grand Avenue Glenwood Springs, Colorado 81601 Dear Ray: i- UNC J4`. -u::41 This letter is to confirm our telephone cunversdLion in rtgur& to John.Runyon's sand and gravel pit on West Second Street in Rifle. This pit has been in operation before and since County Zoning Regulations were enforced, and may remain under a non -conforming status but may nolj be expanded without obtaining a County permit. If you have any further questions, du not hesitate to conLacl this office. • WCM/kay • • Very truly your:, BUlt.t)1N1+ UIi-AR[MINI 2":"; (, �- W. C. Milner - Bul1dinu Ufticio1 • • EXHIBIT N - OTHER PERMITS OR LICENSES No • • EXHIBIT 0 - SOURCE OF LEGAL RIGHT TO ENTER Grant deed attached. 44.1J Papcu >14 Y4.h.hvn•.untLid. !. ,1./\ 111 NOV...\ , 11. €9,,,5:VU„vl,,,wl'11. C1 i.l:s. J. Kl:c iiut Nu 24.x•792. n)' lit DV4!.1, Made this 27th 111 lift 1)41. dtty ul October in the our Lon! ane thuluaud Ilius lwndred incl Sixty-nine hllnleu EDNA G. 11UTTON u( the County of Garfield u11d SIaic uf (•olor,,(1o, of Ilnt lilt part, 1,11,1 JOHN J. RUNYAN and VIRGINIA LLL RUNYAN of the County of Garfield 1,11,1 Siull' .f 1.110111114, ..r th1 ' '''4'1 1,1,11; Wltnessuth, That the said [)art y It the to .t, purl, fur mid i4 :o11,i11,•Il,liuu 1f 1111' 1.11111 4(t --TEN DOLLARS AND OTHER GOOD AND VALUABLE CONS 1DL1tATJON----,141111}..):1ti;(. to the said part y u( the list part in hand paid by the said 104(114s of the .,cruu41 1,1,x1, the 11'11.1111 \,1,1.11'.1111. Lclehy' run- • (ebbed and nckmuwledged, )1a S grunted, bargained, sold and euuveye,, aid b•' 11Le' - I1, •:.,•111.11 414( (' ' 1;.1;1, h,uF'11u., convey and confirm, u11tu the said putties uf the 1',r CULd p4141., nut iU 11'111(111y i4 1,111.111011 hal 41 �ulal. (411.,41')', Il,r '11(1 ,'.Vuf of thein, their tosi;lla and 1.(w heirs and nl.;ig4s of ~111'11 survivur furcrur, all lh1' fo1l.,ni4( (11:.c11hr,I lot „1 1,41.1 f 1111411 j1111411e, Tying pad being in the Countytof Garfield 41441 Nude of (�uluradl, l.,-bll' That part of the NW1/4NW1/4 of Section 17, Tp. 6 S., R. 93 W. 1.)f Lhc 6th P.M. lying North of the North boundary'line of old U. S. Highway No. 6 b 24, as in place .and used in 1944, tClile then With all ditch and water rights appurtenant to the al,ove bund, including, but not by way of limitation, 0.5 of r1 cubic foot of water per second of• time out of Priority No. 1 of tlle•f'ioseer Ditch No. 1, taking its water from Rifle Creel:; sub jcct , however, to easements of a public or private nature of record or in pl,,cu and being used. Consisting of 40 acres more or loss. :SIW,)t UuCu1Aulla10 ilk Wi 11:ibJ Together wish all and singular the heledittuu,•llt•s and 11111,1111, o:1u, es 1till e1141u 14411411,i4g, 01 111 11111 WI' I' ..111,1111411ilig, :4(141 1.1l1' rt5'1'I l:J, 411111 reversions, reul:1iu11or (144(1 11'u4un(1ers, fouls, i:,:,ue, 111.11 pi.1ils th11t•ol, 1(4(1 1111 the 4,11,1., 411,11, title, intt•re4l, ('1:(1111 and demand whatsoever of the ,aid purl, y of the lila 11(,41, eilher In 11.114 .1 e.lully, of, 41 1.(11 1„ 111, ,d uve barguin/d µ'elitists, with 1111' heretlilwucnts .114(1 u11tn)rtenunces. To Have and to Hold the said prenli:.', 41,4254 1a111;4i4ed 1,1,1 (11•.1'111„•1.1, w illi 111. 1i IT411.11114e4,, 111111 1lir ..1,1,1 11„1111'' 41 1111' sceumd purl, the survivur of theta, their ar,igu4 41401 the Leila and 124. lgn, of .101.:.01 Viva f,ucv1'r And the ;.1.1,1 part y of the first purl., fur her ,elf , her heirs, eaerutu4s, 141d a.1141i11i,trr,1„f:,, 111, es bnrg,lill 1111(1 agr(C to :Ind With the buil( parties uf the,ceunil part,114.the.,U1Vivol a1111'111, 1111'111(,,F:m1 . and 11,. In,vr.,,..n.I gr 1111, I .1,•.1gn•. 01 Snell survivor, that nt the time of La ell:,ealing 1411(1 deliver)' 111 1111,e pre -w111:1, !Alt 113 will ,.•1,111 „I 4l„• 1111'1111•.1', above conveyed, its of gtwd, $ire, pt•rfcet, :.Lsulule 141(1 iadefcasihli' e,1:1t,' 1f mit,'lt.4 14.' 111 Ian, III Ire ',441,41', :,1111 Irl good right, full•power and lawful authority to grant, h:uguiu, sell :041 r,11rvey Ow : tint In 10,:.1.1v ;11111 11,ru1 .11„1,•.1411, 11„1 that the saint' are free and clear from all lor44u•r ,41(1 ulher graph, 1:4 ai4,, ,:414,, 1111n0, 1.1.,, ,, ,1'.,e „1114111, :.4(J inclul.I,1.,11.,•, . 4 whatever kind or nature buever, except 1969 general taxes, which have Leen adjusted and are assumed by second parties; 1(4411 the above bargained prt'lrtiSea in 1 b 1411X1 and 4 eaceul,le possession of 1111' said 4(3441 e., 4(l the 1.1'1'111111 1:01., the ,111 .icor 01 thvm, I11'1r ensigns and Ow heirs unit 41.0Igns uf buck survivur, agalliA ill and curry 4111:,44 or 4411.141,', I,alolly c1.01u11,g or 10 ('lain) the whole or any part thereof', the said port y of the lirsl Oil t. shall and will N'AIIIfA\'1' A.N1) FOR V11( I)EFI:ND. In Witne:rs Whereof, The mid purl y of the first purl 1.4 S 1,,fvui to set heal Ibe day and year first above written. Signed, Sealed and Del.et1 in the l'reseuee of \ ipy ..4.-L- isc'-`l 111 her 104111 nod t✓ e/ ` -�' a_� 711 r7--4?� p ' 1 J cdntra C. Hutton tTl: or OOLV AWNEV DA t,,. (his dna G. Hutton 1,b(' fun/ t',br, } 111, 1x11144lolll \l!/ :.(1..1411 11'.11;441 slay of c d fr `� C ✓ 41, 69 LYItiss my hand and othesal seal. y cuniluissiun expires. _ '1' ,/% ( t 7Q i ,./- ..,� . e. , ,� i' . e... 1.:/. t � _'t: ll .:/.., r w / :.uu.1y Tubb,:. n ulfiri►I 1.1 n l.raw,'l,lailus c 1:1(Vuci(4 .4,r, it n.,,uc 4(:.J 1.41111 Olt c 4(11.4..,*ill .1.11 lel ,.1...11, .. log. 11Y 1.,1 FU '10 JOINT 14 NAN1s '11.41' 1 m,»,1,1111.1.► u..,►s 1.,4(, t.., u. 1,. 1 Lulu • • • Charles M. Stoddard Attorney at Law 812 Pitkin Avenue, P. 0. Box 697 Glenwood Springs, Colorado 81602 November 1, 1983 Telephone 945-7474 Area Code 303 Mined Land Reclamation Division 423 Centennial Bldg. 1313 Sherman Denver, CO 80203 Attn: James B. McArdle RE: Runyan Sand and Gravel Pit, Permit # 77541 Dear Mr. McArdle: Confirming our telecon this date, I enclose draft of agreement signed by Betty M. Hollenbaugh, individually and as attorney-in-fact for Financial Planning Consultants, Inc. (FPCI), but which has not been signed by John J. Runyan and is therefore not in effect. Loy has property damage insurance with the Hartford Insurance Co. and FPCI has filed claim under such policy against Hartford. Hartford's adjuster, Corey Beck in Grand Junction, has written his home office for advice as to the companies position. Runyan desires to comply with the board's orders, but before he could safely sign the proposed agreement enclosed herewith we will need to first determine the Hartford's position and work the reclamation out with the Hartford. I understand that if we get the authorization from FPCI and Mrs. Hollenbaugh to you at least 5 days before December 14, it will be timely filed. Many thanks for your courtesy and consideration. Sincerely, Charles M. Stoddard Attorney for John J. Runyan CMS:gw Enclosure • AGREEMENT THIS AGREEMENT made and entered into by and between John J. Runyan(called "Runyan"), whose address is P. O. Box 327, Rifle, CO 81650, Financial Planning Consultants, Inc.(called "FPCI"), whose address is c/o Dennis L. Mangrum, Esq., 325 E. Hillcrest Dr., Ste. 204, Thousand Oaks, CA 91360, and Betty M. Hollenbaugh (called "Hollenbaugh"), whose address is 401 Park Drive, Glenwood Springs, CO 81601, WITNESSETH: WHEREAS, on June 28, 1978, the Colorado Mined Land Reclamation Board (called "CMLRB") issued Permit No. 77-541 to Runyan to operate an open pit sand and gravel mining operation on that part of the NW}NW} Sec. 17, T.6 S., R.93 W., 6 P.M., lying north of the north boundary line of old U.S. Hwy. 6 & 24, Garfield County, Colorado; WHEREAS, the CMLRB has issued to Runyan Notice of Violation M83-13 and Cease Order dated September 30, 1983, copy of which together with copy of transmittal letter dated September 28, 1983 from James B. McArdle with the Mined Land Reclamation Division to Runyan, and copy of the therein referred to minutes of the CMLRB hearing in connection therewith are attached hereto and collectively marked Exh. A; WHEREAS, by lease agreement dated July 1, 1977, Runyan, as Lessor, leased the premises covered by Permit 77-541 to Loy Enterprises Sand and Gravel, a partnership, whose partners are Gordon Loy and Merrit Denison, as Lessee, called "Loy"; WHEREAS, Runyan has caused to be served on Loy on October 27, 1983 a Notice to Quit the leased premises in accordance with the terms of the lease for (among other reasons): 1) Loy's trespass on and damage to land lying westerly of and adjacent to the leased premises, such land being owned by FPCI subject to first deed of trust to Hollenbaugh, and 2) failure to reclaim the leased premises in accordance with the terms of Permit 77-541 as required by Art. VIII of the lease; WHEREAS, to comply with the terms of the Permit and the CMLRB orders, Runyan is filing an amended application for permit to enlarge the permitted area to include approximately 3.31 acres of the land owned by FPCI so Runyan can remove the overburden from said FPCI 3.31 acre parcel to the westerly side of the original permitted area for the purpose of reclamation of not only the original permitted area but also that part of the FPCI land northerly of the FPCI 3.31 acre parcel damaged by Loy's operations; WHEREAS, FPCI and Hollenbaugh are willing to authorize Runyan to include the FPCI 3.31 acres in his amended application for the limited purposes afore- said on the terms and conditions set forth herein: NOW, THEREFORE, for and in consideration of the covenants contained herein, and other good and valuable consideration, the parties agree as follows: 1. FPCI and Hollenbaugh authorize Runyan to include in his amended appli- cation for permit the FPCI 3.31 acre parcel and consent to the CMLRB issuing an amended permit covering said parcel for the limited purposes herein stated. 2. FPCI and Hollenbaugh authorizes Runyan, and Runyan agrees, upon issuance by the CMLRB of an amended permit including the FPCI 3.31 acre parcel, to move the soil and overburden from said FPCI 3.31 acre parcel to, and for the purpose of restoring to substantially original grade, that part of the FPCI land trespassed on and damaged by Loy lying northerly of the FPCI 3.31 acre parcel, such grade to be reestablished to a point approximately 10 feet easterly of the common boundary line between the FPCI property and the Runyan property, and also to and for the purpose of reclaiming the Runyan property, by filling and compacting on a two to one slope and to 90 percent standard proctor density, all in accordance with any amended permit issued by the CMLRB. Runyan in removing said soil and overburden from the FPCI 3.31 acre parcel, shall remove approximately 82,000 cubic yards including that previously removed and leave such parcel with final contours approximately as shown on Exh. B attached hereto. Runyan shall remove no gravel from the FPCI 3.31 acre parcel. 3. Runyan also agrees upon issuance of an amended permit as aforesaid: a) to construct to Garfield County road standards the subgrade for a 30 foot wide road with four foot drainage ditch from station 9 plus 50 to station 20 plus 50 as shown on Exh. C; and b) to construct a "lawful fence" as defined by 35-46-101( CRS, along the entire common boundary 41ine between the FPCI and Runyan properties. Both the road and fence shall be completed by the time all reclamation is required to be completed under the amended permit issued by CMLRB. 4. This agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties have executed this agreement this day of , 1983. _ John J. Runyan STATE OF COLORADO COUNTY OF GARFIELD ) ss. Betty M Hollenbaugh, indiv'. :lly, and as attorn;l-in-fact for Financial Planning Consultants, Inc. The foregoing instrument was acknowledged before me this day of , 1983, by JOHN J. RUNYAN. My commission expires: STATE OF COLORADO COUNTY OF GARFIELD ss. Notary Public The foregoing instrument was acknowledged before me this 31 day of C1( , 1983, by BETTY M. HOLLENBAUGH, individually, n - fact for Financial Planning Consultants, Inc., a and as corporation. My commission expires: y.14 )87 U Vu)���- Q.t1n ary P4blic • • -2- CEASE AND DESIST ORDER Based upon the foregoing Findings of Fact and Notice of Violation, and pursuant to the provisions of C.R.S. 1973, 34-32-124, the Board hereby orders you to: 1. Immediately cease and desist all operations outside the permit boundary and to suspend all mining activity within the permit , that you are allowed to remove a certain amount of overburden llocatedywithinpt the permit boundary on the east side and side of the permit area for the you may begin backfilling the west ilewetslfrom purposes of reclamation only. You are also and in existence as of rSeptember 21, 1gravel 983ckpiles within the permit boundary 2. To give written notice within one (1) day after receipt of this Notice to the Mined Land Reclamation Board of your compliance with paragraph one (1) of this Cease and Desist Order. In clarification of the rights of recipients of Notices of Violation, Cease and Desist Orders, parties are advised to consult the Colorado Mined Land Reclamation Act and the State Administrative Procedure Act. Nothing herein contained, particularly those portions requiring certain acts to be performed within a certain time, shall be construed as a permit license either to violate any provisions of the Mined Land Reclamation lawsor and regulations promulgated thereunder, or to engage in any prospecting or mining operations within the State. are advised ersons concerned Cwith judicial review of the provisions of this Order ( ). as amended (1976 Session Laws, H.B. 1065). Dated at Denver this .<.L day of Doc. No. 5913 MINED LAND RECLAMATION BOARD Department of Natural Resources B fEPAR1 MEN1 OF NATURAL RESOURCES ciGI H. (e-trfhi,s, Executive Diri; for MINED LAND RECLAMATION DIVISION DAVID C SHELTON, Director STATE OF COLORADO MINED LAND RECLAMATION HOARD DEPARTMENT OF NATURAL RESOURCES IN THE MATTER OF: Runyan Sand and Gravel NOTICE OF VIOLATION M 83-13 AND CEASE AND DESIST ORDER TO: Mr. John Runyan and all other persons presently owning or acquiring, now or in the future, an interest in Runyan Sand and Gravel. FINDINGS OF FACT Pursuant to the authority vested in the Mined Land Reclamation Board by C.R.S. 1973, 34-32-124, as amended (1976 Session Laws, H.B. 1065), the Board hereby makes the following Findings of Fact: 1. Runyan Sand and Gravel is operating a sand and gravel mining operation in the following location: • NW/4 NW/4, Section 17, T6S, R93W of the 6th P.M., Garfield County 2. Runyan Sand and Gravel's disturbance at the mine site at any one time has exceeded 100,000 square feet. 3. Runyan Sand and Gravel has not reclaimed previously disturbed areas within 18 months, and final grade has not been between 20 and 30 percent. NOTICE OF VIOLATION You are hereby notified that the facts stated above constitute violations of Permit No. 77-541, specifically as follows: 1. Finding of Fact No. 2 is a violation of Exhibit D of the application approved by the Board on June 28, 1978 and incorporated by reference into Permit No. 77-541, which Exhibit D specifies maximum disturbance at any one time should not exceed 100,000 square feet. 2. Finding of Fact No. 3 is a violation of Exhibits 0 and of the application approved by the Board on June 28, 1978 and incorporated by reference into Permit No. 77-541, which Exhibits 0 and E specify that previously disturbed areas would be reclaimed within 18 months and that final • grade be between 20 and 30 percent. 423 Centennial Building, 1313 Sherman Street Denver. Colorado 80203 Tel (303) 86E-3567 N `,J876 4 DEPARTMENT OF NATURAL RESOURCE David H. Get.ches, Executive Dir,::, MINED LAND RECLAMATION DIVISION DAVID C SHELTON, DIrecor September 28, 1983 Mr. John J. Runyan Runyan Sand & Gravel P.O. Box 327 Rifle, Colorado 81650 RE: Runyan Sand & Gravel Pit - File No. 77-541 Action Taken at the September 21-22, 1983 Meeting of the Mined Land Reclamation Board Dear Mr. Runyan: 1 have enclosed a copy of the September board minutes which clearly outline the action taken by the Mined Land Reclamation Board. Please review the enclosed minutes and contact me if there are any questions. I have also enclosed the cease and desist order for all activities outside of the permit area. Please be certain to contact me if there are any questions. Sincerely, Jaynes B. McArdle Senior Reclamation Specialist JBM/eap CERTIFIED MAIL NUMBER P 397 149 215 Return Receipt Requested cc: Mr. Dave Sturgis Delaney b Balcomb, P.C. Enclosure Doc. No. 5868 423 Centrnnlai Rini_ Ana 1313 Sherman Street Denver Colorado 80203 Tel (303) 866-3567 • • MINUTES PAGE 7 AGENDA ITEM 11 - FORMAL PUBLIC HEARING, RUNYAN SAND AND GRAVEL, 77-541 All persons wishing to give testimony in this matter were sworn by the Chairman. Staff presentation was made by Reclamation Specialist, Jim McArdle, regarding a 25 acre sand and gravel operation located west of Rifle in Garfield County. At the August 24, 1983, meeting of the board, the board found probable cause that violations of the permit had occurred and the matter was set at the September meeting for determination of violations and consideration of corrective actions and civil penalties, if any, and bond adjustment. Reference ATTACHMENT F, letter of August 31, 1983, to Runyan Sand and Gravel. Slide presentation was made by staff and the alleged violations were read into the record from Attachment F. Staff further indicated that an addendum was found in the file dated May 30, 1978, which states that it was not the intent of the operator to segregate topsoil from overburden. Staff stipulated that this addendum would alleviate the alleged violation "F". Betty Hollenbaugh, adjacent landowner, was in attendance at this meeting and presented the board with her letter to staff dated September 20, 1982, ATTACHMENT G, together with pictures and an aerial photo, and outlined her concerns regarding the Runyan Sand and Gravel operation. Mrs. Hollenbaugh indicated that Financial Planning Consultants, Inc., is the landowner, she has a lien holder's interest. Dave Sturgis, representing Runyan Sand and Gravel, gave testimony on behalf of the operator responding to each of the proposed violations outlined in staff's letter of August 31, 1983. It was MOVED that the board find a violation of the permit has occurred on Item "A', relating to maximum disturbance. SECONDED and PASSED UNANIMOUSLY. The operator stipulated that they did go outside the permit boundary, as proposed in Item "8". For the basis of the record, it was MOVED that the board accept the operator's stipulation. SECONDED and PASSED UNANIMOUSLY. It was MOVED that the board consider Items "C" and "D" as one Item and that the board find a violation of the permit on both "C" and "D" as one violation, failing to follow the permit in terms of reclamation. SECONDED and PASSED UNANIMOUSLY. It was MOVED that the board find a violation of the permit on Item "E", and that the board has found that the operation did adversely affect the surface water system. Motion died for lack of a second. FOR THE RECORD: It was felt that there was not adequate proof and it becomes irrelevant since other facts exist to indicate a violation of the permit. It was MOVED that the board find Runyan Sand and Gravel in violation for operating not in compliance with their permit, based on the discussions on items A, B, C and D of the August 31, 1983, letter from the staff to Runyan Sand and Gravel. SECONDED and PASSED UNANIMOUSLY. • • MINUTES PAGE 8 AGENDA ITEM 11 - FORMAL PUBLIC HEARING, RUNYAN SAND AND GRAVEL, 77-541, CONTINUED: Operator waived twenty -day notice of hearing for consideration of civil penalty. It was MOVED that the board find that Runyan Sand and Gravel Company has been in violation of their permit for a minimum of 60 days, that an assessment of $600 per day be established for a total civil penalty of $36,000. Of this $36,000, $33,000 be suspended upon the condition that Runyan Sand and Gravel Company pay $3,000 within 30 days to the State of Colorado and that the remaining $33,000 will be suspended if a permit is submitted and approved by the board by no later than the December, 1983, board meeting and that all of the environmental difficulties in the permit area are cured and the reclamation is made concurrent within one year of this date. If these conditions are not met on a timely basis then the remaining $33,000 would be due and payable immediately. SECONDED and PASSED UNANIMOUSLY. It was MOVED that the financial warranty of Runyan Sand and Gravel be adjusted from $9,200 to $210,000 within 60 days. SECONDED and PASSED UNANIMOUSLY. Staff recommended that the board issue a suspension order on all new mining activity until the permit has an approved amendment, that a cease and desist order be issued outside the permit area, but allow the operator to remove a certain amount of overburden located within the permit boundary on the East side and begin backfilling the West side of the permit area for the purposes of reclamation only. It was MOVED that the staff recommendation be accepted. SECONDED and PASSED UNANIMOUSLY. BOARD MEMBER, Chips Barry, arrived at the meeting. The operator requested board approval of removal of stockpile. It was MOVED that the Colorado Division of Highways be allowed to enter the premises and remove any gravel which they have already bought from the Runyan facility. However, Runyan Sand and Gravel should not be permitted to enter into any new sales of gravel whether it be processed or unprocessed. SECONDED and FAILED by a Vote of 0 for/4 opposed/1 abstention (Chips Barry). It was MOVED that the operator be allowed to sell processed stockpile out of the permit area. SECONDED and PASSED by a Vote of 4 for/1 abstention (Chips). AGENDA ITEM 28 - URANIA EXPLORATION, INC., FILE 80-1. Staff presentation was made by Reclamation Specialist, Linda Walker, regarding a request for release of financial warranty in the amount of $3,000. Site inspection was made on September 1, slides were shown. Staff indicated that the Forest Service wants the road to remain open for access to South Park. Staff recommended approval of the request for release of Financial Warranty. It was MOVED that the request from Urania Exploration for release of financial warranty in the amount of $3,000 be approved. SECONDED and PASSED UNANIMOUSLY. • 5370 5i/35 54130 54125 . EXlI.3IT B _. 5112o 5445 541/0 5'05 Niki 5395 5-3 Svof 5385... 5360 4,10 1 • • .• N. .1 . •Y i ± ; // / 1 (...) .1 I 2. c--..: . . •VI i . z t 1 : i II, ; ( 1 I • . ...... ...... , c . 7-• •. . : ii.., / i - ..,. 1 Q-.. 1 i 1I,; ; or ••• I 1 . iii. / . ---7.— cm — • i; ' :-. ' ; 7 -2, 1 . i i / :. i 1 ! . i I' .. ; 1 . 1 ! ; 1, 1 1 I 1 1 1 / ; i 1 ; i. ; I i ;1 i i 1-1-•-7: 10 '; /7 ; iii. 1 11 ii, •,.....s.... I ; i I".•••,,,../ I" I 1 •;!. ;4] • re, Z...:•-• . 2" -' N ....- • I \ \ ! I \ \ II i'. EXHIBIT C • EXHIBIT P - Betty M. Hollenbaugh 401 Park Drive Glenwood Springs, Co. 81601. OWNERS OF RECORD John J. Runyan and Virginia Lee Runyan P.O. Box 327, Rifle, Colorado 81650 Financial Planning Consultants, Inc. 2659 Townsgate Road Suite 212 West Lake,Village, Ca, 91361 phone - 805-497-1040